President Tandja Dissolves Constitutional Court, Names New

UNCLAS SECTION 01 OF 02 NIAMEY 000492 DEPT FOR AF/W AND AF/RSA PLS PASS TO USAID FOR AFR/W ACCRA ALSO FOR USAID/WA PARIS FOR AFRICA WATCHER SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV KDEM SOCI PREL NG SUBJECT: President Tandja Dissolves Constitutional Court, Names New Cabinet Members; Military Declares Non-Partisanship; Civil Society Figure Arrested Ref: Niamey 00484 NIAMEY 00000492 001.2 OF 002 ¶1. (SBU) Summary: On June 29, President Tandja dissolved the Constitutional Court, named eight new ministers, and had an opposition civil society group leader arrested for alleged inciting security and military forces not to obey unlawful orders. The armed forces' spokesperson, in a message on state television (Tele-Sahel), stated that the military would remain neutral and non-partisan and urged politicians to pursue the path of dialogue and consultation. End summary. President Tandja Dissolves Constitutional Court -------------- -- ¶2. (SBU) On June 29, President Tandja issued a decree dissolving the Constitutional Court and suspending relevant constitutional provisions. These are important, as they determine the composition of the court, court members' oath of office, and most notably, state that, "The members of the Constitutional Court are irremovable during their tenure." It goes on to state that, members cannot be "prosecuted or arrested without the Constitutional Court's authorization, except when caught in the act" of committing a serious crime. ¶3. (SBU) According to the Presidential decree, a new constitutional court will be established. It will be made up of three persons "known for their integrity" and will be appointed by the President himself. Three candidates will be proposed by the Minister of Justice, to be approved by the President, and one additional member must be a law professor. In addition, a president of the constitutional court will be appointed by the President via a decree, among the seven-member body. President Tandja Appoints New Ministers -------------- ¶4. (SBU) On June 29, President Tandja appointed eight new members to his cabinet. This comes in response to actions taken on June 25, when the Democratic and Social Convention (CDS) party, the second largest party of Niger's ruling coalition, announced that it would withdraw its eight ministers from the 31-member cabinet. (Note: Although Minister of National Defense Djida Hamadou is a CDS member, he has not been replaced and has asked to remain in his current position in a non-partisan capacity. End note.) ¶5. (U) The following is a list of new cabinet members: -- Ahmed Boto (Population and Social Reforms); -- Bakabe Mahamadou (Animal Resources - RDP); -- Dr. Moussa Fatimata (Public Health); -- Mahamane Taya Elhadji Katzelma Omar (Youth and Sports - PCP); -- Moumouni Kogo (Water Resources - PDP); -- Mamane Sani Abdourhamane (African Integration and Nigeriens Abroad); -- Diaroumey Ali Djibrilla (National Competitiveness and Fight against the Rising Cost of Living); and -- Salatou Ousseini (Promotion of Young Entrepreneurs and Public Companies' Reform - Murna Farhan). MOND Denounces Incitements, Declares Non-Partisanship -------------- -------------- ¶6. (SBU) On the evening of June 29, a Nigerien Armed Forces (FAN) spokesperson appeared on national media on behalf of the Ministry of National Defense to denounce "statements inciting defense and security forces to disobedience." The statement reasserted the armed forces' respect for the republic and their mission, as well as its neutrality and non-partisanship. This statement follows recent pronouncements inciting the security and defense forces to disobedience (reftel). On June 28, the Front for the Defense of Democracy (FDD),made up of political parties, labor unions, and civil society organizations opposing the president's plans called NIAMEY 00000492 002.2 OF 002 upon the nation's defense and security forces to refrain from executing the president's "illegal orders." Translation of Defense Official Statement -------------- ¶7. (U) The following is a translation of statement issued by the defense officer: (Begin text) Following the recent pronouncements inciting the defense and security forces to disobedience, the Ministry of National Defense wishes to state: 1) The armed forces reaffirm their republican nature and their entire preparedness to ensure their duties of preserving the territorial integrity, protecting persons and property; and safeguarding the republican institutions. 2) Bound by the duty of neutrality and discretion and for this reason, the armed forces can neither be associated with any political debate nor implicated in destabilizing actions. 3) Concerned about the national unity, the armed forces do not in any way intend to serve any partisan interests. Consequently, the armed forces ask the various actors to exclude them once and for all from the political game. They urge them to give priority to the path of dialogue and consultation, in order to appease the situation. I thank you. (End text) President of FUSAD Arrested -------------- ¶8. (SBU) On June 29, Niamey police arrested Marou Amadou, president of the United Front for the Protection of Democratic Gains (FUSAD), an umbrella group of civil society organizations that has been outspoken against President Tandja's move to change the constitution to remain in power. According to reports, Amadou, who is being detained at the Police Judiciare in Niamey, has been charged with three crimes: 1) Inciting defense and security forces' disobedience; 2) conspiracy against state authority; and 3) attempting to undermine the army's morale. Earlier that day, Amado appeared on private radio and TV station Dounia, lambasting President Tandja for the dissolution of the Constitutional Court and the president's decision on June 26 to assume exceptional powers. (Note: The plug was pulled on Radio/TV Dounia in the mist of the June 29 evening broadcast; to be reported septel.) ¶9. (U) Minimize considered. Allen