NIGER: PRESIDENT TANDJA FORMS CENI; JUDGES DISPUTE

UNCLAS SECTION 01 OF 02 NIAMEY 000217

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SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM SOCI NG
SUBJECT: NIGER: PRESIDENT TANDJA FORMS CENI; JUDGES DISPUTE
OATH-TAKING REQUIREMENT

Ref: a) Niamey 00211, b) Niamey 00121, c) Niamey 00111, d) 08
Niamey 01176

NIAMEY 00000217 001.6 OF 002



1. President Tandja signed a decree on March 25 appointing members
of the Independent National Commission on Elections (CENI),
consistent with Articles 10, 11, and 12 of the constitution.
Moumouni Hamidou, current president of the National Committee to
Pilot the Revision of the Voter Register (CNPREFE),will chair CENI;
the First Vice President is lawyer Aissatou Zada of Niger's Bar
Association and the Second Vice President is Rakia Kanta, member of
CONGAFEN womens' group. In a second decree, President Tandja
appointed 67 other CENI members, including 43 political party, two
women's associations, two human rights associations, two labor
unions, and 18 government agency representatives (principals and
alternates).

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Background on CENI Selection Process
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2. On March 20, the National Council for Political Dialogue (CNDP)
- an advisory body made up of all political parties and headed by
the prime minister - met to discuss the installation of CENI, a key
step toward the local and national elections anticipated for 2009
(reftels). To avoid further delays in the preparation of the
upcoming local and general elections, the CNDP urged the GON to
establish the CENI immediately. On March 24, Minister of Justice
Dagra Mamadou, referring to the Autonomous Union of Nigerien Judges
Union (SAMAN) decision to step back from heading the various
electoral commissions (national, regional, district, and local),
assured that "...the Government will not cause any delays...the
situation is not dramatic."


3. Minister Mamadou cited the provisions of the Electoral Code for
the selection of CENI officials, namely: the president of the CENI
shall be "a judge proposed by his/her peers, or an official
recognized for his/her impartiality, competence and integrity,
appointed by the President of the Republic..." (Article 10.2);
"local electoral commissions shall be headed by judges appointed by
the CENI president. However, in case of a shortage of judges,
prosecutors, bailiffs, or, failing that, any other persons
recognized for their impartiality, competence, and integrity may be
called upon." (Article 12.1-2)

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Judges Divided: To Take an Oath, or Not To
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4. On March 21, SAMAN held a general assembly to discuss judges'
participation in the upcoming elections. SAMAN threatened not to
participate in the elections if its members were required to take a
religious oath. (Note: electoral commission leaders must be judges
as per the revised 2004 Electoral Code (Art.12) and are required to
take an oath by swearing on a holy book of their choosing (Art.11).
At least 80% of SAMAN members did not participate in the 2004
elections in protest against this provision. End note.)


5. SAMAN judges claim that the Electoral Code statement is
unconstitutional, as it violates the principles of a secular state.
Furthermore, the judges claim that they are already sworn
professionals, having taken the secular oath of office, and hold
that the constitution does not require judges to take a religious
oath. Finally, they maintain that they have successfully headed
election commissions for the past 15 years without taking such an
oath and do not see the need to take another oath. They also do not
understand the motives behind the decision as stated in the revised
Electoral Code.


6. On March 24, the other judges' union, the Independent Union of
Nigerien Judges (SIMAN),said it would participate in the
supervision of the electoral process. Claiming that the Electoral
Code reflects the will of the people, SIMAN judges have agreed to
take the oath. SIMAN also argues that the judges' secular oath of
office relates to the profession of magistrates while the religious
oath required by the Electoral Code applies to a special, temporary
situation.

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Comment
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NIAMEY 00000217 002.12 OF 002



7. The CENI is expected to be installed in its headquarters shortly.
In 2004, there were concerns that judges' non-participation could
call into question the credibility of elections, but they took place
peacefully and the international community concluded that they were
generally free, fair, and transparent. End comment.


8. Minimize considered.

WHITAKER