President Tandja Launches Campaign for New Constitution

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SUBJECT: President Tandja Launches Campaign for New Constitution

Ref: a) Niamey 00504, b) Niamey 00503, c) Niamey 00466, d) Niamey
00448, e) Niamey 00432

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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
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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
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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
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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,

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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
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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
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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

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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
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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