President Tandja Launches Campaign for New Constitution

UNCLAS SECTION 01 OF 03 NIAMEY 000517 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 NG SUBJECT: President Tandja Launches Campaign for New Constitution Ref: a) Niamey 00504, b) Niamey 00503, c) Niamey 00466, d) Niamey 00448, e) Niamey 00432 NIAMEY 00000517 001.2 OF 003 ¶1. (U) Summary: In a July 12 address on public media, President Tandja launched a campaign for the August 4 referendum on a new constitution. Although the campaign period started officially on July 13, government officials commenced sensitizing the public on the draft constitution on July 6. Key elements that distinguish it from the current constitution include concentrating power in the executive branch through a presidential rather than semi-presidential system, providing a bicameral legislature, implementing three-year transitional phase prior to the next presidential election, and eliminating presidential term limits. Political parties, civil society organizations, and the international community continue to react to both the referendum process and changes proposed in the draft constitution. End summary. President Tandja Reiterates Notion of Popular Call to Stay On -------------- -------------- ¶2. (U) In his national address on July 12, President Tandja urged all Nigeriens to adopt the draft constitution with a "massive yes on August 4." President Tandja stated that "This referendum...is the conclusion of (the Nigerien people's) own initiatives...(and its) continued calls through an unprecedented general mobilization for several months to find ways that would allow the President of the Republic to finalize the great infrastructure projects that he had engaged." He went on to say, "With regard to the persistence and soundness of the wishes expressed by the overwhelming majority, I could not, at the risk of shirking the obligation to respond to the sovereign people's aspirations, remain indifferent before this movement which, over time, has taken a national dimension." GON Ministers Showcase Draft Constitution in Regions -------------- -------------- ¶3. (U) From July 6-12, several cabinet members roamed the country's eight regions to "popularize" the draft constitution. Minister of Communication and Government Spokesperson Mohamed Ben Omar attempted to present and defend the main thrust of the draft during a town hall meeting in Niamey. Regarding the unlimited number of presidential terms, he said, "The people have leeway to maintain for as long as they wish a President who best responds to their aspirations." Ben Omar argued that the presidential regime and the bicameral parliamentary system proposed were mechanisms that protect the Executive from motions of censure while blocking the Executive from dismissing the Legislature. Concerning the provision for a three-year transitional period prior to the next presidential election, Ben Omar explained that "this translates the aspiration of the people, who have always demanded that the President of the Republic be accorded an additional three years to complete the national projects he has started." Highlights of the Draft Constitution -------------- ¶4. (U) The new draft is largely based on the current constitution; the following are the major proposed changes: -- The proposed constitution would establish a presidential-type political regime wherein the President cannot dissolve the National Assembly and the latter cannot sanction the Prime Minister via a motion of no confidence. Unlike in the current constitution, the President rather than Prime Minister will serve as head of government; -- With respect to the Executive branch, the draft constitution states that, "The President of the Republic is the exclusive holder of executive power. He is the head of government. He appoints the Prime Minister and cabinet members and determines their powers. The Prime Minister and members of the cabinet report to the President. He sets their terms of office and portfolios." (Article 48); -- While the current constitution limits the President's term of office to five years, renewable only once, the draft constitution provides for unlimited terms. "The President of the Republic is elected via free, direct, equal, and secret universal suffrage, for a mandate of five years renewable." (Article 39); -- Regarding the legislative branch, while the current parliamentary system comprises a single-chamber National Assembly, the draft constitution provides for a bicameral parliament. "The legislative power is executed by the Parliament. Parliament is made up of two chambers: the National Assembly...(and) the Senate." (Article 68). National Assembly members (Deputies) "...are elected via free, NIAMEY 00000517 002.2 OF 003 direct, equal, and secret universal suffrage. The legislature lasts 5 years." (Article 69). The Senate "...ensures the representation of local councils, traditional chiefs, and Nigeriens abroad. Two-thirds (2/3) of Senate members are elected via indirect universal suffrage. The other third is appointed by the President of the Republic. Senators' mandates last 5 years. No one can be elected or appointed Senator if he or she is not at least forty years old on the day of voting or appointment;" -- With respect to revision of the constitution, the draft states, "No revision can be engaged or pursued when there is an offense against the integrity of the national territory. The republican form of State, the multiparty system, the separation of State and religion, and the provisions of Articles 148 and 152 cannot be revised;" and -- Regarding transitional and final provisions, the draft states, "The incumbent President of the Republic remains in office until the presidential election that will take place in December 2012." (Article 148). "Legislative elections will take place no later than October 2009...While awaiting the installation of the National Assembly, the President of the Republic is empowered to execute legislative powers via ordinances, in the following areas: political elections, installation of new institutions, (and) implementation of agreements with foreign partners." (Article 149). "Local elections will take place no later than December 2009." (Article 150). Finally, "Law 2000-14 of January 24, 2000 regarding amnesty for the authors of the January 27, 1996 and April 9, 1999 coups d'etat, remains in force in all its provisions." Ruling Coalition AFDR Supports Referendum -------------- ¶5. (U) On July 10, the 24 political parties that make up the Alliance of Democratic Forces for the Republic (AFDR) - Niger's ruling coalition - issued a statement in which they expressed their determination "to strengthen and consolidate national unity, peace, stability, democracy, and progress that our country has experienced since the advent of Mamadou Tandja at the helm of Niger...(and) commitment to pursue the development actions and national construction work engaged in order to improve the living condition of Niger's hardworking population; and their determination to rigorously apply the principles of good governance in a State respectful of rights and popular will." The statement went on to say that, "despite some political turmoil, our Alliance has managed to keep its serenity and continues to express its loyalty to the President..." AFDR parties believe in the "re-foundation of the Republic" and call on all Nigerians to support President Tandja in this effort. On July 12, the same parties gathered for the official cultural event to launch the referendum campaign. Opposition Groups Maintain Referendum is Illegal -------------- --- ¶6. (U) On July 10, the Front for the Defense of Democracy (FDD) also issued a statement to denounce President Tandja's attempt to bypass the legislative election that had been announced to take place on August 20. They complained that all political parties had tried in vain to submit their candidacies to regional administrative authorities, who had refused to take them "by President Tandja's orders." The FDD noted several alleged violations of the constitution that culminated in the illegal assumption of emergency powers to sidetrack any obstacles against a referendum that would allow President Tandja to remain in power. The FDD further stated that the draft constitution, which was belatedly made available to the public, "confirmed Mr. Tandja's will to exert power without sharing, according to the mood he is in." The FDD cited Articles 148, 146, and 39 of the draft constitution (see para 4) as evidence of the "constitutional coup d'etat." These provisions, according to the FDD statement, would "allow President Tandja to run for elections without limitation, to rig elections, to remain in power, and to exert his dictatorship on Niger and its people." ¶7. (U) The FDD demanded the end of President Tandja's "permanent coup d'etat," the repeal of his referendum project, and the return to a normal constitutional order. The FDD further demanded the reinstatement of the dissolved constitutional court, President Tandja's resignation, and the implementation of relevant perjury and impeachment provisions of the constitution. The FDD further calls for the organization of all the elections by the end of 2009. ¶8. (U) On July 11, the Movement for the Defense of Democracy and the Republic (MDDR) also sounded the alarm on the dangers of the projected referendum on Niger's security and peace. Niger's Bar Association issued a statement on July 11 in which it denounced NIAMEY 00000517 003.2 OF 003 President Tandja's recourse to emergency powers as illegal, and declared that "no provision of the fundamental text confers competence to the head of state to erect himself as an original constituent power and to suspend to his liking Article 103 through 115 of the constitution relating to the constitutional court." The Bar Association praised the independence and courage of the dissolved Constitutional Court's members and pointed out that the nomination of one of their peers to "a jurisdiction that has no legal existence in Niger's judiciary" (Note: that is, a court appointed by President Tandja. End note.) did not commit the Bar Association to a political stance. The Bar Association called on ECOWAS, the AU, and the international community "to use their influence in order to defeat any attempts to deny constitutional legality and the rule of law in Niger." Comment -------------- ¶9. (SBU) The draft constitution was revealed only six days before the beginning of the referendum campaign; therefore, both rendering a detailed legal analysis and familiarizing the general public throughout a country twice the size of Texas remain a daunting challenge. Critics mock assertions that the staged "popular" support for the President's plan is therefore fraudulent and misleading. Many doubt that the public, many of whom are illiterate, can study the draft and make informed decisions about whether or not to accept it by the August 4 referendum, which lies a mere three weeks ahead. Some observers have referred to the draft as a "personalized constitution." Some perceive the creation of a senate as an attempt by President Tandja to secure a "safety valve" that would help him to block an unfavorable vote by the National Assembly. ALLEN