2009 Nigerien constitutional crisis
Encyclopedia
The 2009–2010 Nigerien constitutional crisis occurred in Niger
Niger
Niger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...

 due to a political conflict between President Mamadou Tandja and judicial and legislative bodies regarding the Constitutional referendum
Nigerien constitutional referendum, 2009
A constitutional referendum was held in Niger on 4 August 2009. The purpose of the referendum was to submit to Nigerien voters the dissolution of the Fifth Republic of Niger and the creation of a "Sixth Republic of Niger" under a fully presidential system of government...

 that opponents claimed was an attempt to extend his mandate beyond the constitutional maximum. It was held on 4 August 2009 before a parliamentary election
Nigerien parliamentary election, 2009
A parliamentary election was held in Niger on 20 October 2009, in the wake of President Mamadou Tandja's dissolution of the National Assembly in May 2009 and a successful constitution referendum in August 2009.-Election date:...

 which was mandated to take place by 26 August 2009. The crisis eventually led to a coup d'état
2010 Nigerien coup d'état
A coup d'état occurred in Niger on 18 February 2010. Soldiers attacked the presidential palace in Niamey under weapons fire at midday and captured President Mamadou Tandja, who was chairing a government meeting at the time...

 by military leaders who overthrew President Tandja and formed a ruling junta
Supreme Council for the Restoration of Democracy
The Supreme Council for the Restoration of Democracy , led by Salou Djibo, is a military junta that staged a coup in Niger on 18 February 2010, deposing President Mamadou Tandja...

.

President Tandja dissolved the National Assembly of Niger
National Assembly of Niger
The unicameral National Assembly of Niger is the country's sole legislative body. The National Assembly may propose laws and is required to approve all legislation.-History:...

 on 26 May 2009 due to strong opposition from the National Assembly, civil society groups, and the courts regarding his referendum proposal. The Constitutional Court of Niger ruled on 12 June 2009 on a case brought by opposition deputies from the National Assembly that the proposed referendum was unconstitutional, and on 21 June 2009 the President announced he would not seek the 20 August vote. He left open the possibility he would propose future constitutional changes before the end of his mandate. On 26 June 2009 the President then dissolved the courts and announced he was assuming emergency powers.

His ministers then announced the 4 August referendum would go forward, despite previous refusals of courts, political parties, and the independent electoral commission to carry out the election.

Campaign for Presidential term extension

The proposal for a referendum was first floated in May 2009. Beginning in late 2008, several supporters of President Tandja began a campaign to extend his term of office. Opposition from political opponents was swift, with dueling marches in Niamey in December 2008. Supporters of Tandja to the slogan of his 2004 re-election campaign, "Tazarché", which means "Continuation" or "Continuity" in Hausa
Hausa language
Hausa is the Chadic language with the largest number of speakers, spoken as a first language by about 25 million people, and as a second language by about 18 million more, an approximate total of 43 million people...

: supporters were quickly dubbed "Tazarchistes" and opponents "Anti-Tazarchistes". Demonstrations were held throughout Niger, while political committees were created, headed by supporters of Tandja outside government. The Tazarche committee was headed by Niamey politicians Boubacar Mazou and Anassara Dogari, and Tahoua based businessman Aboubacar Dan Dubaï In January the Prime Minister asserted that all elections would go on as scheduled, including the Presidential election, which by law must take place before 22 December 2009, the five year anniversary of Tandja's second five year election as President. The 1999 constitution made the serving of more than two terms impossible (article 36), and the revision of that article illegal by any means (article 136). Prime Minister Seyni Oumarou
Seyni Oumarou
Seyni Oumarou is a Nigerien politician who was Prime Minister of Niger from June 2007 to September 2009 and President of the National Assembly of Niger from November 2009 to February 2010. He is from the west of the country and is a member of the Djerma ethnic group...

 reiterated on 22 January that all scheduled elections would go ahead before the end of 2009.

In March, during his meetings with French President Sarkozy
Nicolas Sarkozy
Nicolas Sarkozy is the 23rd and current President of the French Republic and ex officio Co-Prince of Andorra. He assumed the office on 16 May 2007 after defeating the Socialist Party candidate Ségolène Royal 10 days earlier....

, Tandja explicitly stated that he would not seek a third term.

Then, in early May 2009, when questioned by the press on his visit to Agadez
Agadez
-Sources:* Aboubacar Adamou. "Agadez et sa région. Contribution à l'étude du Sahel et du Sahara nigériens", Études nigériennes, n°44, , 358 p.* Julien Brachet. Migrations transsahariennes. Vers un désert cosmopolite et morcelé . Paris: Le Croquant, , 324 p. ISBN : 978-2-91496865-2.*. Saudi Aaramco...

 to begin peace talks with Tuareg rebels, Tandja announced that "the people have demanded I remain." Thereafter it was announced he would seek a referendum to scrap the current constitution and create the Sixth Republic of Niger.

A series of protests followed, led by opposition party PNDS-Tarayya, but crucially containing a number of parties which had previously supported the government. These included the CDS, a party which enabled the ruling MNDS to form a majority in the National Assembly. The CDS announcement of opposition—-the last of the major parties to weigh in on the plan--on also left the President open to National Assembly votes to sanction him, or bring down the current government. In May 2009, in response to their parties opposition to a proposed referendum to allow the President to seek a third term, the three members of RDP-Jama'a and ANDP-Zaman Lahiya were replaced with ministers drawn from the MNSD-Nassara. The CDS continued to support the government while opposing the referendum plan

According to the 1999 Constitution of Niger
Constitution of Niger
The Republic of Niger has had seven constitutions, two substantial constitutional revisions, and two periods of rule by decree since its independence from French colonial rule in 1960...

, the President may call a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 on any matter (except for a revision of those elements of the Constitution outlined in Article 136—including the presidential term limits). The Constitutional Court of Niger and the National Assembly of Niger
National Assembly of Niger
The unicameral National Assembly of Niger is the country's sole legislative body. The National Assembly may propose laws and is required to approve all legislation.-History:...

 must advise the president, but there is no provision that the president must heed their advice. On 25 May 2009, the Constitutional Court, made up of appointed judges, released a ruling that any referendum to create a new constitution would be unconstitutional, and further would be a violation of the oath the president had taken on the Koran (a serious matter in Niger, which is overwhelmingly Muslim). The week prior, two major parties had come out in their opposition to the referendum proposal as well. On 13 May, the ANDP-Zaman Lahiya, led by Moumouni Adamou Djermakoye
Moumouni Adamou Djermakoye
Moumouni Adamou Djermakoye was a Nigerien politician and the President of the Nigerien Alliance for Democracy and Progress...

, declared its opposition to any change in the constitution. On 15 May the CDS-Rahama, the party without which the MNSD could not have formed governments in 1999, 2004, and 2007, came out opposing the referendum, and calling the constitution unalterable. Neither party moved into the opposition, and both Ousmane and Djermokoye said they were willing to negotiate with the president.

On 26 May, within hours of the Constitutional Court's statement, official media read out a statement that President Tandja had dissolved the National Assembly. Under the 1999 Constitution he is allowed to do this once every two years, but he must call parliamentary elections within three months.

Referendum plan

The full details of the referendum proposal were not finalized, but elements of the proposed constitution were outlined by government spokesmen and by a commission set up by the president to draft a proposed document. Tandja would extend his term for a transitional mandate of three years, during which a new constitution would be written and approved. The system of government would be changed from a semi-presidential system
Semi-presidential system
The semi-presidential system is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state...

 to a full presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....

, which Tandja claims is more stable. There would be no limit to presidential terms, and a bi-cameral legislature would be created with an upper house, the Senate.
On 5 June, the President and the Council of Ministers of Niger
Council of Ministers of Niger
The Cabinet of Niger is made up of the appointed heads of Niger's government Ministries. Ministers are chosen from the elected members of the National Assembly of Niger...

 approved plans for the referendum, titled Referendum on the Project of the VIth Republic. Campaigning would take place from 13 July 2009 to 2 August 2009. The President established a commission to create a draft constitutional law upon which the population would vote. The Independent National Electoral Commission (CENI) was ordered to oversee preparations for voting. Electors would be able to choose "yes" or "no" to the text "Do you approve of the Constitutional project submitted for your assent?"

Protests

Large opposition rallies were held in May and June, attended by a broad coalition of political parties, civil society groups and trades unions. These included Former Prime Ministers Hama Amadou
Hama Amadou
Hama Amadou is a Nigerien politician who was Prime Minister of Niger from 1995 to 1996 and again from 2000 to 2007. He was also Secretary-General of the National Movement for the Development of Society from 1991 to 2001 and President of the MNSD-Nassara from 2001 to 2009...

 and Mahamadou Issoufou
Mahamadou Issoufou
Mahamadou Issoufou is a Nigerien politician who has been President of Niger since 7 April 2011. Previously he was Prime Minister of Niger from 1993 to 1994 and President of the National Assembly from 1995 to 1996, and he has stood as a candidate in each presidential election since 1993.Issoufou...

, former President and current President of the Assembly Mahamane Ousmane
Mahamane Ousmane
Mahamane Ousmane is a Nigerien politician. He was the first democratically elected and fourth President of Niger, serving from 16 April 1993 until his ouster in a military coup d'état on 27 January 1996. He has continued to run for President in each election since his ouster, and he was President...

, and former President of the Assembly and party leader, Moumouni Adamou Djermakoye
Moumouni Adamou Djermakoye
Moumouni Adamou Djermakoye was a Nigerien politician and the President of the Nigerien Alliance for Democracy and Progress...

. Moumouni Djermakoye died of a heart attack during the second of these rallies, on 14 June. These were followed by a threatened general strike of all seven of the main Nigerien trades union bodies, the first time these groups had announced a joint strike action. On 31 May a pro-referendum rally at the Governor's residence in the southern town of Dosso
Dosso
Dosso might refer to either:*Dosso in Niger:**Dosso Region, a region in Niger**Dosso , a département in Niger**Dosso, Niger, a town, capital of the Dosso département**Dosso Kingdom, the pre-colonial and modern ceremonial power in Dosso....

 was attacked by a mob, and rioting lasted for several hours in the city center. Opposition was also voiced by the governments of the United States, Canada, regional body ECOWAS, as well as the President of Niger's neighbour and regional power Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

. ECOWAS threatened economic sanctions should Niger change the constitution within six months of a national election, sent a commission led by the Nigerian President to consult with Niamey, and placed Niger on its upcoming meeting agenda, beside the coups in Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....

, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...

, and Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...

.

A 22 June announcement by the ECOWAS summit that member states would impose sanctions on Niger should the President attempt to revise the constitution before the next presidential election. Mahamane Toure, ECOWAS commissioner for political affairs, peace and security, was quoted by AFP saying that Tandja "has tried to keep himself in power by non-democratic means. For us, there is no legal alternative left for him."

Legal block

On 12 June 2009, the Constitutional Court ruled against Tandja's referendum proposal, following a non-binding advisement to the President the month before. This time the ruling was in response to a case brought by a coalition of opposition groups, which included the CDS, a governing partner in the previous government, without which the MNSD could not gain a majority in the Assembly. In such cases, the Constitution specifies that rulings of the Constitutional Court are binding and may not be appealed. Thereafter, the Independent National Electoral Commission announced that National Assembly elections would take place on 20 August, and no referendum would be voted upon.

On 19 June President Tandja called Council of the Republic, a consultative body of all major government leaders. This was the first time this body was called. On 21 June President Tandja released a statement saying he would honor the Court and Electoral Commission rulings, and would suspend any effort to change the constitution until after the National Assembly elections on 20 August.

Despite the 21 June statement by the President, on the evening of 24 June, Minister of Communications Ben Omar released a statement by the President, demanding the Constitutional Court to rescind its decision, citing a 2002 statement by the same body that the President was able to call referenda. In apparent response, the Democratic and Social Convention (CDS) of former President Mahamane Ousmane announced its final break with the MNSD government, withdrawing from the government coalition and pulling its eight members from the Nigerien Council of Ministers. In a statement, the CDS demanded the President definitively submit to the Court's decision. The party also announced the creation of its own opposition coalition, the MDD (Mouvement pour le défense de le démocratie) along with around five smaller parties such as the UDR and the PDP. This group appears in direct competition with the larger opposition front, the FDD (Front de défense de la démocratie), which is led by the PNDS and staged the two recent anti-referendum marches in Niamey.

On the same day, the CDTN trade union confederation led a 24 hour general strike across the nation to protest the President's referendum plans, after a previous strike had been indefinitely postponed on 18 June. All seven trade union confederations took part, in the first general strike since the creation of the Fifth Republic in 1999. The organizers provided skeleton staffs of union workers for hospitals, water and electric utilities, and airports.

Presidential emergency powers

In a televised and radio speech to the nation on the following evening (June 26, after Friday prayers
Jumu'ah
Jumu'ah is a congregational prayer that Muslims hold every Friday, just after noon in lieu of dhuhr...

), President Tandja announced he was dissolving the government and would rule by decree. On 27 June, the leader of the main opposition party, Mahamadou Issoufou
Mahamadou Issoufou
Mahamadou Issoufou is a Nigerien politician who has been President of Niger since 7 April 2011. Previously he was Prime Minister of Niger from 1993 to 1994 and President of the National Assembly from 1995 to 1996, and he has stood as a candidate in each presidential election since 1993.Issoufou...

, denounced what he called a coup, and called on Nigeriens to resist by all legal means, citing Article 13 of the 1999 Constitution which mandates officials to ignore "manifestly illegal orders". The military, which had previously declared itself neutral, began patrolling the streets of the capital after 18:00 hours beginning on June 23, prior to the President's declaration of emergency powers.

The Chairman of the 66 member decentralized organization which operates and certifies all elections, the National Independent Election Commission (CENI), Moumouni Hamidou, stated following the 18 June Court decision that they would not hold the 4 August referendum and were preparing almost 7 million voting cards for the 20 August legislative election.

Despite this, Minister of the Interior Albade Abouba
Albadé Abouba
Albadé Abouba is a Nigerien politician who has been the Secretary-General of the National Movement for the Development of Society since 2009. He served in the government of Niger as Minister of the Interior from 2002 to 2004 and again from 2007 to 2010...

 announced on June 28, following President Tandja's assumption of emergency powers, that both the 4 August referendum
Nigerien constitutional referendum, 2009
A constitutional referendum was held in Niger on 4 August 2009. The purpose of the referendum was to submit to Nigerien voters the dissolution of the Fifth Republic of Niger and the creation of a "Sixth Republic of Niger" under a fully presidential system of government...

 and the 20 August election
Nigerien parliamentary election, 2009
A parliamentary election was held in Niger on 20 October 2009, in the wake of President Mamadou Tandja's dissolution of the National Assembly in May 2009 and a successful constitution referendum in August 2009.-Election date:...

 would go ahead.

On 29 June, Tandja again appeared on state media defending the state of emergency. Six of the seven CDS-Rahama members of the Council of Ministers officially stepped down, following their party's 25 June 2009 break with the President. Those leaving held relatively minor posts. CDS Minister of Defense Djida Hamadou chose to remain in government.

Later the same day the government announced it had dissolved the Constitutional Court, "nullifing" the naming of its members and "suspending" articles 103, 104, and 105 of the Constitution which deal with the court. Shortly thereafter the High Council for Communication
High Council for Communication (Niger)
The High Council for Communication of the West African state of Niger is a government body which regulates press and media.-1960-1993:...

 announced that opposition broadcaster Dounia Radio Television was suspended for "the broadcast of calls for insurrection against security forces", presumably for airing Mahamadou Issoufou's statements the day prior.

On 3 July 2009, Tandja appointed a new constitutional court – a decision which was strongly criticised by civil society groups, unions, political parties and others. Lawyers declared a strike on 13 July 2009.

August 4, 2009 Referendum

The contested referendum was held on August 4 despite major criticism from international groups, and was approved overwhelming in part because of opposition boycotts. A regional director at the International Foundation for Electoral Systems
International Foundation for Electoral Systems
The International Foundation for Electoral Systems is an international, non-profit organization founded in 1987. This Washington, D. C.-based development organization provides assistance and support for elections in new and emerging democracies...

 said that this might put a halt in democratic development in the country and possibly force the opposition to encourage protests.

Crisis talks

The political crisis in Niger appears deadlocked since the disputed referendum and election. General
General
A general officer is an officer of high military rank, usually in the army, and in some nations, the air force. The term is widely used by many nations of the world, and when a country uses a different term, there is an equivalent title given....

 Abdulsalami Abubakar of Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

, a mediator appointed by the Economic Community of West African States
Economic Community of West African States
The Economic Community of West African States is a regional group of fifteen West African countries. Founded on 28 May 1975, with the signing of the Treaty of Lagos, its mission is to promote economic integration across the region....

 (ECOWAS), has been negotiating a power-sharing arrangement.

Coup d'état

On 18 February 2010 President Mamadou Tandja was captured by soldiers while chairing a cabinet
Government of Niger
The government of Niger is the apparatus through which authority functions and is exercised: the governing apparatus of Nigerien state. The current system of governance, since the Constitution 18 July 1999, is termed the Fifth Republic of Niger. It is a semi-presidential republic, whereby the...

 meeting. The Junta established a cabinet and promised to run the government during a short transition period before new elections.

See also

  • Tandja Mamadou
    Tandja Mamadou
    Lieutenant Colonel Mamadou Tandja is a Nigerien politician who was President of Niger from 1999 to 2010. He was President of the National Movement of the Development Society from 1991 to 1999 and unsuccessfully ran as the MNSD's presidential candidate in 1993 and 1996 before being elected to his...

  • Constitution of Niger
    Constitution of Niger
    The Republic of Niger has had seven constitutions, two substantial constitutional revisions, and two periods of rule by decree since its independence from French colonial rule in 1960...

  • Government of Niger
    Government of Niger
    The government of Niger is the apparatus through which authority functions and is exercised: the governing apparatus of Nigerien state. The current system of governance, since the Constitution 18 July 1999, is termed the Fifth Republic of Niger. It is a semi-presidential republic, whereby the...

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