Identifier
Created
Classification
Origin
08NIAMEY951
2008-09-11 08:55:00
CONFIDENTIAL
Embassy Niamey
Cable title:  

NIGER: APPLYING LETTER OF THE LAW TO

Tags:  EAID ELAB PREL PGOV EAGR NG 
pdf how-to read a cable
VZCZCXRO0531
RR RUEHLMC
DE RUEHNM #0951/01 2550855
ZNY CCCCC ZZH
R 110855Z SEP 08
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 4561
INFO RUEHAR/AMEMBASSY ACCRA 0497
RUEHLMC/MCC WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
C O N F I D E N T I A L SECTION 01 OF 02 NIAMEY 000951 

AIDAC
SIPDIS

DEPT PLEASE PASS TO USAID/AFR

E.O. 12958: DECL: 09/10/2018
TAGS: EAID ELAB PREL PGOV EAGR NG
SUBJECT: NIGER: APPLYING LETTER OF THE LAW TO
NON-GOVERNMENTAL ORGANIZATIONS (NGO)

Classified By: AMBASSADOR Bernadette M. Allen, Reason: 1.4 b/d

C O N F I D E N T I A L SECTION 01 OF 02 NIAMEY 000951

AIDAC
SIPDIS

DEPT PLEASE PASS TO USAID/AFR

E.O. 12958: DECL: 09/10/2018
TAGS: EAID ELAB PREL PGOV EAGR NG
SUBJECT: NIGER: APPLYING LETTER OF THE LAW TO
NON-GOVERNMENTAL ORGANIZATIONS (NGO)

Classified By: AMBASSADOR Bernadette M. Allen, Reason: 1.4 b/d


1. (C) Summary. USAID Country Manager attended a donors'
meeting to discuss the current working environment for NGOs.
The tense relationships between the Government of Niger (GON)
and two NGOs, Medecins Sans Frontier/France (MSF/F) and
Agence Contre le Faim/Espagne (ACF/E),after the NGO
operations' respective suspensions, appear to be on the mend.
Local NGO DIMOL that had a run-in with the Ministry of
Health also appears to be recovering on its own. No donors
in the meeting, including the French, thought there should be
a united front to support re-instatement for MSF/F. There
was unanimous preference for patience and a softer approach
to negotiating with the GON, as opposed to the aggressive
campaign pushed by MSF/F. The USG, Germans and others noted
its NGO partners had not reported any difficulties with the
GON. There was consensus that NGOs need to ensure the GON is
kept informed of interventions, that nurturing the
relationship with GON institutions is the wiser approach.
End summary.


2. (C) On September 8, the major donor partner
representatives met to discuss the greater scrutiny and
pressure faced by NGO partners. Much of the meeting focus
was on MSF/F, with no support among donors, even the French
representation, to go to battle for MSF/F's re-instatement,
as it is widely known that MSF/F's problem has been its
failure to integrate well its programs with the GON health
system. Most of the NGOs have worked with the GON to
reinforce GON systems, as opposed to running a parallel
system with little coordination with the GON. A softer
approach was determined to be more effective than the
aggressive campaign initially sought by MSF/F.


3. (C) Donor partners learned that the GON Minister of
Foreign Affairs (Aichatou Mindaoudou) met with MSF/F and that
some form of conditional re-instatement may be in the works.
Also, it was reported that the GON Minister of Interior

(Albade Adouba) already had re-instated ACF/E. Local NGO
DIMOL (that supports fistula women) also was reported to be
recovering from its suspension. The USG, Germany and other
foreign donors reported that none of their respective NGO
partners had reported any problems with the GON. In the case
of the recently-selected USAID NGO partner, Academy for
Educational Development (AED),early consultation with the
relevant GON Ministries during the registration process has
proven effective, so much so that AED has been given the
"green light" to hire staff and start training while the
Ministry of Interior processes the final approval for
operation in Niger. Embassy received a diplomatic note
through the Ministry of Foreign Affairs noting appreciation
for the pre-registration consultation. There is consensus
among the donor partners that working in concert with the GON
institutions in a collaborative effort is the best approach.


4. (SBU) One overriding concern is GON efforts to apply the
letter of the law and clauses of agreements with NGOs that
could hamper NGO work. For example, one donor representative
shared with the group a letter from the Ministry of Health
inquiring about expatriate NGO staff qualifications and why
Nigeriens could not perform some of the work. Second, the
GON appears to be insisting that NGO expatriate staff have
work permits, as opposed to the laxity in enforcement of that
rule to which some NGOs have grown accustomed. Third, there
are some concerns that the GON will follow the example of
other African countries and require NGO expatriate personnel
to pay income taxes. An NGO umbrella group held a meeting to
discuss the new GON efforts to require NGOs to pay a fee
equal to 20% of one month's salary for each expatriate NGO
staff member. Some believe that the tax issue could lead
some NGOs to close shop in Niger. The GON reportedly has
asked some NGOs to clear expatriate contracts with it, but
the U.S. Embassy has not been informed by any American NGO of
such a requirement to date.


5. (C) Concern was raised about the GON possibly refusing to
issue some work permits and insisting that it have some say
in the recruitment and staffing decisions of NGOs. In fact,
the term "Nigerienize" was used to describe the GON posture,
attributed in part to Tandja's recent statements about the
lack of employment opportunities for Nigeriens. Reportedly,
the GON Minister of Public Works and Service informed some
NGOs that "the rules" apply to all employers in Niger, not
just NGOs. (Note: The U.S. Embassy remains one of the larger
employers of Nigeriens and we have not been contacted on this
matter, nor to our knowledge have any other foreign missions.
The penury of U.S. business operations in Niger rules out

NIAMEY 00000951 002 OF 002


concern there. End note.)


6. (C) There was discussion of how the GON became less
NGO-friendly during the 2005 food crisis. It was added that
the food crisis brought many more NGOs to Niger and that the
GON is evaluating whether it really needs so many NGOs that
appear to be unable to shift from humanitarian crisis
assistance mode to development assistance mode. Some
representatives noted that since the June 2007 Cabinet
reshuffle, and concentration of power in the hands of GON
President Tandja, that NGOs have felt increasing pressure as
their supporting GON Ministries have lost the authority they
once had and will not question Tandja. The GON policy change
on the Food for Work program was cited as an example.


7. (SBU) It was noted that part of the problem integrating
NGO activities with the GON system remains the lack of
capacity on the GON side to absorb and manage the large
amount of resources some NGOs provide. For example,
MSF/France has a 7 million Euro budget and over 450
employees. Waiting for the GON to build its capacity to
implement programs would adversely affect program
implementation.


8. (C) Finally, the GON-donor context has changed. Under the
previous Prime Minister, donors were much engaged with the
GON on developing its new five-year (2008-2012) Accelerated
Poverty Reduction Strategy (APRS) and there was much
excitement about the unveiling of the APRS at the Brussels
Donors' Conference in October 2007. A number of followup
meetings planned with the donors to gauge APRS progress have
never occurred under the new Prime Minister.


ALLEN