NIGER: DEMARCHE ON PRESIDENT TANDJA ON THE

C O N F I D E N T I A L NIAMEY 000381 SIPDIS FOR AF ASSISTANT SECRETARY CARSON AND AF/W AMBASSADOR KAEUPER FROM AMBASSADOR ALLEN E.O. 12958: DECL: 05/27/2019 TAGS: PGOV PREL SOCI KDEM NG SUBJECT: NIGER: DEMARCHE ON PRESIDENT TANDJA ON THE POLITICAL CLIMATE REF: A. ALLEN-KAEUPER EMAIL OF 05/27/2009 ¶B. NIAMEY 378 ¶C. NIAMEY 377 ¶D. NIAMEY 376 ¶E. NIAMEY 375 ¶F. NIAMEY 357 ¶G. NIAMEY 344 Classified By: AMBASSADOR BERNADETTE M. ALLEN, REASON: 1.4(d) ¶1. (C) Summary. On Wednesday, May 27 at 11h00, I demarched Government of Niger (GON) President Mamadou Tandja as outlined (ref a). He listened intently to the points delivered in favor of democracy and stability, but remained steadfast in his intent to proceed with a referendum to the people. He was not moved by the Constitutional Court opinion (ref d) that proceeding with a referendum on a new constitution would be illegal. He insisted that the people should be the final arbiter as to whether they want to continue with the current constitution or want a new one. He stated he would leave office as required on December 22, if the people decide to retain the current constitution, but added that the only way to know the will of the people is to vote on a referendum. He stated he found it necessary to dissolve the National Assembly because its members have refused to return to the national treasury raises in pay they had voted for themselves, despite a Court "declaration not opinion" that such an act was unconstitutional. He said because the National Assembly had defied a binding declaration, he determined it in the best interest of the nation to dissolve the body. He intimated that the next Presidential elections may not occur until 2012, if the Nigerien people vote "yes" on a referendum for a new Constitution. End summary. ¶2. (C) GON President Tandja listened intently to the points delivered in favor of democracy and stability. Highlighting the encouraging news about peace talks in the North, I stressed that the current political discord, with counter demonstrations between those for and those against both &Tarzache8 and the prospect of a referendum, is overshadowing that good news. I emphasized that Niger has been viewed as an example of a successful democracy, that regional and global leaders are looking to his leadership and statesmanship to hold up the torch of democracy. I added that without peace and stability, Niger faced the prospect of losing all the gains made over the past decade. I also emphasized that the Court had issued an opinion that moving forward with a referendum would be illegal, thus I didn't understand why he wished to proceed with a referendum. I said he could easily quash all the political discord by simply stating to the Nigerien people that he would step down in December for the good of the nation, that he could concurrently emphasize that he would be available as a resource to the future leader of Niger and the nation. ¶3. (C) Tandja did not budge from his position to call for a referendum and asked whether I had seen on television and at public ceremonies all the people across Niger who want him to stay the course. He asked whether I had seen all the people shouting "Tarzarche" (Hausa language word for "let it continue") at the sites of his numerous initiatives, citing as an example the May 18 stonelaying ceremony for a dry port in the region of Dosso. I responded that I did see crowds, but I saw the crowds only as witnesses to the launch of important projects. ¶4. (C) In reply to my remarks about the Court opinion, Tandja stated that &the opinion8 issued was in response to the request of a small group of National Assembly members, that it was not an opinion directed at the Presidency, since he had not raised the matter with the Court. He said his legal advisors informed him that he's not bound by the Court's opinion. He said he met with Court members just prior to our meeting, that the GON,s views on the Court opinion will soon be shared with the Nigerien people. He said everything he is doing is in accord with the constitution and democratic principles. He insisted that he will go forward with a referendum because the people deserve the opportunity to decide whether they want to keep the current Constitution or want a new one. He said if the people vote "no" on a referendum for a new constitution, the current timetable for the Presidential election will be unchanged and he,ll step down on December 22 with a clear conscience because he will know he gave the people a voice. He said if the people vote "yes" on a referendum for a new constitution, then he will remain as President for a &three-year transitional period8 while a new constitution is being drafted with a view to a new Presidential election in 2012. He said he won,t leave the country in the hands of just anyone, that he needs to leave office with a clear conscience that he has left the people of Niger in good hands and that the wealth from the nation's natural resources (oil, uranium, etc.) benefits the Nigerien people. ¶5. (C) I reiterated that the current friction between political parties, within civil society and labor unions, as a result of &Tazarche8 is paving a path of instability, the very same instability he many times has stated caused Niger,s slow economic progress the decade prior to his having assumed the Presidency. I stated that everyone knows he initiated several important projects, that the Nigerien people will remember the initiatives were launched under his tenure. I added I didn't see how his moving on equated with the end of those projects. I said I hoped he would leave the future generations of Nigeriens a legacy of stability, good governance and strong democratic institutions. ¶6. (C) Tandja opined that he wished certain ambassadors accredited to Niger and delegations from regional organizations would spend more time informing their governments and leadership, respectively, that the crux of the matter is that the people of Niger are split on whether they want to keep the current constitution or whether they want a new one. He said Niger cannot remain the only semi-Presidential state among 53 states on the African continent, caught between a National Assembly, a Prime Minister and a locked-constitution with no room to maneuver. He said the only way to resolve the matter is for the people to vote on a referendum. He stated that there is an opposition during every election period, that it,s expected in a democracy. He then spoke about how he has lived among the people, that until he took office and launched several initiatives, the Republic of Niger was the last on the United Nations Human Development Index. He said he has helped raise the RON up from the bottom rung. He described the troubled period before his election in 1999, and remarked that a number of foreign assistance agencies, citing as an example USAID, "closed shop and abandoned the people of Niger." He said Nigeriens, under his guidance, began the work to lift themselves up before the return of some donor partners. ¶7. (U) When I asked about the National Assembly and the current constitution,s requirement that elections be held within a 45-90 day window, he acknowledged that the timetable for legislative elections will not remain the same as provided previously by the Independent National Electoral Commission (CENI) to donor partners. He said the 45-90 day window means that legislative elections will be held in July or August, regardless of what happens with the vote on the referendum. He suggested that the CENI will likely schedule the referendum before the end of July and stated (as had the Foreign Minister in a prior meeting with the diplomatic corps - see ref g) that observers would be welcome. ALLEN