C O N F I D E N T I A L SECTION 01 OF 02 NIAMEY 001025

SIPDIS

DEPT FOR AF, AF/W, AF/RSA, AND INR/AA
ADDIS ABABA FOR USAU- J MAYBURY
PARIS FOR AF WATCHER

E.O. 12958: DECL: 12/31/2019
TAGS: PGOV KDEM PREL SOCIA PHUM US NG
SUBJECT: NIGER: OPPOSITION LEADERS BRIEF AMBASSADOR ON
PROPOSAL FOR A POLITICAL TRANSITION

REF: A. NIAMEY 1013

B. NIAMEY 1011

C. NIAMEY 1009

D. NIAMEY 935

E. NIAMEY 633

Classified By: DCM Eric P. Whitaker, Reason: 1.4 (b) and (d)


1. (C) Summary: On December 30, Opposition leaders briefed
Ambassador Allen of their proposal for a way out from Niger's
political standoff. The proposal calls for a return to the
1999 Constitution; the formation of a transitional political
body; the consensual drafting of a new constitution,
electoral code, and electoral calendar; the setting aside of
political actions subsequent to the August 4, 2009 referendum
(the post-December 22, 2009 presidency, the National Assembly
elections of October 20, 2009, and the local elections of
December 27, 2009); and the formation of a Government of
National Unity. The Opposition leaders thanked the
Ambassador for USG support for democracy in Niger, stating it
had helped "galvanize public opinion." End summary.


2. (C) On December 30, Coordination des Forces pour la
Democratie et la Republique (CFDR) President Amadou Boubacar
Cisse and opposition Nigerien Party for Democracy and
Socialism (PNDS) Vice President Bazoum Mohamed provided
Ambassador Allen and DCM with an update on the ongoing
political negotiations between the political Opposition and
the Government of Niger (GON) (refs B and C) and the
Opposition's proposal to resolve the nation's political
dilemma. Although negotiations were postponed until January
7 due to ECOWAS Mediator retired General and former Nigerian
head of state Abdulsalami Abubakar's travel to Nigeria for
former Nigerian First Lady Babangida,s funeral rites, the
CFDR continues to prepare itself for the resumption of talks
in Niamey. It has drawn up a detailed proposal and submitted
it to Mediator Abdulsalami, per his request (ref A).

CFDR's Proposals to End Political Impasse
--------------

3. (C) Cisse provided Amb. Allen with the Opposition's
six-page proposal for resolving the

political crisis. In the
document, the CFDR proposes the following steps to resolve
the ongoing political standoff, which it refers to as a "coup
of institutional force":


A. Returning to the normal constitutional order; that is, of
the 5th Republic;


B. Putting into place a consensual transitional body that
gives the nation and its people a final chance to retake its
place among the community of nations;


C. Working together in the framework of ECOWAS mediation to
draft a new constitution, as was done in 1992, 1996, and 1999;


D. Setting aside the constitution of the 6th Republic and its
political and institutional consequences, including
recognizing the end of the presidential mandate following
December 22, 2009, annulling the mandate of the National
Assembly resulting from the October 20, 2009 elections; and
annulling the local elections of December 27, 2009;


E. Elaborating and submitting for vote a referendum by the
transitional body on a consensual constitution, electoral
code, and electoral calendar by which to conduct elections at
the presidential, legislative, and local levels;


F. Formulating transitional institutions to be filled by
individuals selected in a consensual manner, to include:

(1) A Head of State with representational powers;

(2) A Government of National Unity that regroups the various
parties within the political landscape and civil society and
led by a Prime Minister who serves as both Head of Government
and Commander-in-Chief of the Armed Forces;

(3) A Transitional Council that regroups political and civil
society representatives with legislative powers;

(4) A new Constitutional Court composed of individuals

NIAMEY 00001025 002 OF 002


recognized for their impartiality;

(5) A Commission of Fundamental Texts charged with drafting
the future Constitution, as well as a new Electoral Code;

(6) A new Independent National Electoral Commission; and

(7) A new High Council of Communication composed by
individuals recognized for their impartiality.


G. Accepting that the heads of the various transitional
institutions cannot present themselves as candidates for the
subsequent presidential elections.

USG Position Important, CFDR to Take Case to Media
-------------- --------------

4. (C) Bazoum thanked Amb. Allen for the "strong position" of
both President Obama and the Department of State on Niger's
political standoff. Cisse noted that the USG position on the
political situation is "extremely important, and that it
served to "galvanize public opinion." Between now and
January 7 the CFDR plans neither to organize strikes nor
demonstrations, respecting the request of the ECOWAS
Mediator, but rather plans to state its position and
proposals to the media. While he remarked that the presence
of Opposition leaders Hama Amadou, Mahamadou Issoufou, and
Mahamane Ousmane would strengthen the CFDR's hand, he felt
that "personality-driven8 negotiations, could prove a
distraction. He added that &personality conflicts" made it
unlikely that the GON would welcome their presence in the
negotiations. Regarding complaints of some in the civil
society community that they had been excluded from what was
to have been an "inclusive" process, Bazoum noted that 11 of
the 25-member negotiating team were either civil society
members, including from the Front for the Defense of
Democracy (FDD), or union representatives in what he termed a
broad "palette" of society.

ECOWAS to Report to AU; A Possible Role for Pres. Wade
-------------- ---

5. (C) In closing, Cisse said that ECOWAS intended to
continue its evaluation and render a report to the African
Union (AU) in January. He opined that AU Chair Qadhafy might
request Senegalese President Wade's assistance in mediating a
solution to Niger's political conundrum; the support of the
USG and the EU might be helpful in this regard. Finally, he
noted that states such as Sierra Leone and Ghana might play
helpful roles within the ECOWAS mediation process.

Comment
--------------

6. (C) Both Cisse and Bazoum seemed optimistic that the GON
would have to negotiate the terms under which the current
political equation would be solved. They clearly see the
Opposition as playing a necessary and vital role in Niger's
political near-term future and the eventual restoration of
its side-tracked democracy. Bazoum, who called on Ambassador
Allen in both September and November of 2009 (refs D and E),
remains an insightful and open interlocutor regarding
Opposition views and intentions.
ALLEN