NIGER: FOREIGN MINISTER CONVOKES DIPLOMATIC CORPS

UNCLAS SECTION 01 OF 02 NIAMEY 000344

SIPDIS

DEPT FOR AF/W J. DENNISON; PLEASE PASS TO USAID/AFR
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E.O. 12958: N/A
TAGS: PGOV PHUM PREL SOCI EAID NG
SUBJECT: NIGER: FOREIGN MINISTER CONVOKES DIPLOMATIC CORPS
TO ELABORATE ON PRESIDENT TANDJA'S REASONING BEHIND THE
CALL FOR A CONSTITUTIONAL REFERENDUM

REF: A. NIAMEY 341

B. NIAMEY 328

C. NIAMEY 234

D. NIAMEY 214

NIAMEY 00000344 001.2 OF 002



1. Summary. On May 12, Government of Niger (GON) Foreign
Minister (FM) Aichatou Mindaoudou convoked the diplomatic
corps ambassadors and international organizations' resident
representatives to the Ministry of Foreign Affairs (MFA) to
elaborate on President Tandja's call for a referendum. She
stated that the GON Spokesperson's announcement (ref A)
together with rumblings around the country and counter
demonstrations surrounding "Tazarche" (Note: Hausa word
meaning "let it continue") led her to the conclusion it would
be useful for her to meet with partners and address any
questions we may have about the referendum. She said the
Independent National Electoral Commission (CENI) would be
charged to organize the referendum, that CENI would seek new
funding for the referendum since costs for it had not been
included in CENI's budget request to partners for the general
elections. When asked about international observers/monitors
for the referendum, the FM responded that they would be
permitted. End summary.


2. FM Mindaoudou opened the meeting by noting that she
wanted to make herself available to address any questions the
diplomatic corps/partners may have concerning the upcoming
referendum on the Constitution. She remarked that she knew
the diplomatic corps followed closely the media reports on
political matters and likely had seen GON Spokesperson Ben
Omar's announcement of May 8. She indicated she felt
compelled to elaborate on the reasoning behind President
Tandja's most recent call for a referendum. She noted that
the nation had been seized with the issue of "Tazarche" for
the past 18 months. She emphasized that initially President
Tandja was totally against it and had consistently remained
resolute in not speaking on the matter. She stated she had
even spoke about Tandja's position on many occasions,
including on the margins of United Nations meetings in the
past year. She stressed that it was after French President
Sarkozy's visit (ref D) that Tandja's position crystallized.
She mentioned that the Hausa word for referendum means "vote
to settle matters between people." Consequently, Tandja
decided it was in the best interest of the nation to call for
a referendum because no one knows whether the
"pro-Tazarchists" or "anti-Tazarchists" are the majority.


3. Mindaoudou insisted that "Tazarche" has nothing to do
with prolongation of Tandja's current mandate, that Tandja
has clearly stated he will not touch the Constitution, that
he knows he cannot amend the article related to the
Presidential mandate, not for number of mandates nor term
length. She said Tandja is prepared to leave office on
December 22, 2009, if that's the will of the people. She
added that no one questions the legality of Tandja's
authority to call for a referendum, that it is allowed per
Article 49 of the Nigerien Constitution. She opined that
questions actually have centered around the timing of
Tandja's decision to call for a referendum. She said the
only way the President can know for sure whether those for
"Tazarche" are majority or minority is to hold the
referendum. She again stressed that the President has no
intention of amending the Constitution, that the only matter
he wants to resolve relates to the people's wishes with
regard to the number of Presidential terms. Highlighting her
past role in drafting part of the Constitution, she said it
foresees that the President may submit to the National
Assembly and Constitutional Court for consultation purposes
any text he wishes. That it is the President only who
decides when to act on his prerogative and how he will use
the advice emanating from those respective institutions. She
reemphasized that the referendum is primarily to determine
whether Nigeriens want to keep the current Constitution "as
is" or want a new one to change the number of Presidential
terms.


4. When asked what margin of vote would be needed for the
referendum to pass, the FM responded that it only requires a
simple majority (51 percent).


5. In response to a question about the time period for the
referendum and whether it would affect the CENI's timetable
for the general elections, Mindaoudou said the CENI timetable
for general elections is set and cannot be changed. She

NIAMEY 00000344 002.2 OF 002


added that President Tandja is expected to make a formal
address to the nation in the very near future, she was
hopeful before week's end. As for the timing of the
referendum, she said it would have to occur before the first
round of the Presidential election (CENI date is November 14,
2009),that she would guess the referendum might occur in
July or August.


6. On the matter of who would be charged to organize the
referendum and whether the current CENI budget included costs
for the referendum, the FM confirmed that CENI would be
charged with organizing the referendum and that CENI will
seek new funding to cover expenses for the referendum, as the
referendum had not been taken into account at the time the
CENI prepared the budget for the general elections. She
added the GON would welcome partner support for additional
funding for the referendum.


7. On the question of whether international monitors or
observers would be permitted for the referendum, as has been
the case with past general elections, the FM replied that
they would be permitted, if partners want to take on that
task, that the GON wants the referendum to be fair and
transparent. She closed the meeting by suggesting that all
stay tuned for Tandja's imminent message.
ALLEN