President Tandja Calls for Constitutional Referendum;

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E.O. 12958: N/A
TAGS: PGOV KDEM SOCI SCUL PHUM NG
SUBJECT: President Tandja Calls for Constitutional Referendum;
Protesters Take to the Streets

Ref: a) Niamey 243, b) Niamey 165, c) 08 Niamey 1111


1. (SBU) Summary: Minister Mohamed Ben Omar announced on May 8 that
President Tandja will seek a new constitution, via referendum, that
would lift the current limit on presidential terms. In response,
opposition political parties and civil society held a massive
demonstration on May 9 in protest. Pro-"tazarche" supporters,
however, took to the streets on May 10, signifying their desire for
Tandja to remain in office. It is clear that President Tandja
wishes to stay in office, and that he is willing to subject Niger to
a constitutional referendum to eliminate term limits to accomplish
his objectives, rather than slow president elections slated for
November 2009. End summary.

Minister Announces Tandja's Plan for New Constitution
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2. (U) On May 8, Minister of Communication and Government
Spokesperson Mohamed Ben Omar held a press conference at which he
announced President Tandja would seek a new constitution by way of
referendum. This comes on the heels of President Tandja's May 4
interview with "France 24," when he suggested the possibility of
staying in power in response to public demand. Stating that the
constitution authorized the holding of referenda, he declared that
the people should be allowed to decide. Minister Ben Omar added
that this process would involve the President consulting with the
Constitutional Court and President of the National Assembly.



3. (U) According to Article 49 of Niger's constitution, the
president must seek the advice of the Constitutional Court and the
National Assembly before subjecting the constitution to a
referendum. Minister Ben Omar interpreted this as meaning the
president must advise, but not necessarily gain the consent of both
bodies. The president is not bound by the opinions of the National
Assembly and Constitutional Court on such matters, he said, and a
new constitution would address public demand for flexibility in the
country's leadership and to complete projects underway.

PNDS Leaders Hold Demonstrations, "Tazarche" Supporters Respond
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4. (U) On May 9, Niger's main opposition party, the Nigerien Party
for Democracy and Socialism (PNDS),organized a rally to protest
President Tandja's intention to organize a referendum on a new
constitution. According to estimates, 20,000 - 30,000 protesters
attended the rally, including opposition political party members,
supporters of former PM Hama Amadou, civil society organizations,
labor unions, and students. Protesters shouted "down with the
referendum, down with the 'monarchization' of government." The
event proceeded peacefully, without violence or arrests.


5. (U) On May 10, about 10,000 supporters of President Tandja
participated in a pro-"Tazarche" (Note: Hausa for "let it
continue." End note.) rally. Several cabinet members and
parliamentarians participated. As in the case with the May 9
demonstrations, the pro-administration rally was peaceful.

Comment
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6. (SBU) Over the past six months, the notion of President Tandja
remaining in office beyond the December 2009 conclusion of his
second five-year term in office has consumed political circles.
Initial discussion focused on the possibility of running for a third
term, which is not permitted by the current constitution - which
specifically prohibits amendment of the article limiting terms of
presidential office, and thereafter shifting to a mechanism whereby
the "instrumentalities of government" could be retained for three
years by unexplained means. Following the visits to Niamey of
Libyan leader Qadhafy (ref b) and French President Sarkozy (ref a)
in March and April, respectively, of 2009, wherein both supported
political stability, President Tandja has repeatedly cited the will
of the people as important in determining their nation's leadership.
Unfortunately, this has now led to what appears to be an
extra-constitutional effort to effect a new constitution, apparently
with presidential term limits the only item to be revised, to permit
him to stand in the next election and to remain in office. This
process, which stands to threaten this year's series of five
elections (regional, commune, municipal, parliamentary, and
presidential),would mar what otherwise would conclude a decade of
democratic evolution for Niger. End comment.


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7. (U) Minimize considered.

Allen