Constitution of Niger
Encyclopedia
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 current "Seventh Republic" operates under the Constitution of 2010.
. The Head of State of Niger remained the former French Governor of Niger, Don-Jean Colombani, now titled High Commissioner of Niger. Powers including defense, foreign affairs, and currency were retained by France
. On 12 March 1959 the Constituent Assembly became the Legislative Assembly of Niger, with the head of government, Hamani Diori
, retaining the title of President of the Council. Executive powers were vested in the Assembly. The new Assembly was to have 60 deputies elected for 5 year terms. The constitution established elements, such as the Flag of Niger
, the National anthem of Niger and the Coat of Arms of Niger
, along with language on naming of political bodies, rights and powers which have been retained in subsequent texts.
.
, a military council governed the nation without recourse to a Constitution until 1989, or a defined civilian element until 1982. The leader of the 1974 coup, General Seyni Kountché
ruled as head of state and President of the Supreme Military Council (CSM), an advisory body which after 1982, contained elements of a Council of Ministers, with an appointed Prime Minister, holding limited powers. A consultative National Council for Development (CND) replaced the National Assembly
. Political parties were illegal. Following the General's death on 10 November 1987, General Ali Saïbou
became President of the CSM. and began a series of reforms which led to the Second Republic.
and enacted 22 January 1993, the Constitution created a dual executive system. The President, as Head of State, was popularly elected to a five year term, limited to two terms, and named the Prime Minister. The Prime Minister, as Head of Government, was chosen by an 83 person National Assembly, elected by proportional representation. Consequently, by 1994 Niger faced a President who was a political rival of his own Prime Minister. The National Conference also inserted strong constitutional provisions guarding Human Rights
, a commission meant to guard freedom of the press, and explicitly tasked the Supreme Court with protecting these rights.
in January 1996. The Constitution of 12 May 1996 was approved by referendum as the Fourth Republic. Following an election disputed nationally and internationally, Maïnassara declared himself winner in the first round of presidential elections. The 1996 constitution was marked by a very strong executive and the ability to rule by decree. When less than three years later Maïnassara was himself killed in the coup of 9 April 1999, the military reappointed Ibrahim Hassane Mayaki
as prime minister for a transition government and a transitional cabinet consisting of 20 members, most of whom were civilian to create a new constitution. Coup leader and head of the National Reconciliation Council (CRN) Major Daouda Malam Wanké
quickly announced its intention to promulgate a new constitution and institute a return to civilian rule. The interim government also replaced 7 of Niger's regional military leaders. Wanké announced that he would not run for the presidency and disqualified all military and security personnel, as well as all members of the transitional government from standing for election. Wanké named a 60-member independent national election commission to oversee the establishment of the election roles and the polling. The CRN renounced any form of remuneration during the transition period and moved to reduce by half the salaries of future members of government.
A new constitution designed to spread power among the president, prime minister, and legislature was approved by referendum despite an extremely low voter turnout in July 1999.
's 1999 constitution restores the semi-presidential system of government of the December 1992 constitution (Third Republic) in which the President of the Republic is elected by universal suffrage for a five-year term, and a prime minister, named by the president, share executive power. As a reflection of Niger's increasing population, the unicameral National Assembly
was expanded in 2004 to 113 deputies elected for a 5 year term under a majority system of representation. Political parties must attain at least 5% of the vote in order to gain a seat in the legislature.
. It offered a Sixth Republic, with a fully presidential system
, the suspension of the 1999 Constitution and a 3 years interim government with Tandja for president. It was declared illegal by the Constitutional Court but Tandja dissolved the Court and assumed emergency powers. The opposition boycotted the referendum and the new constitution was adopted with 92.5% of voters and a 68% turnout, according to official results.
. The junta, called "Supreme Council for the Restoration of Democracy
" and led by Salou Djibo
, organised the transition. On 31 October 2010, a new constitution was adopted by referendum
with 90.19% in favor and a 52.02% turnout (official results of 25 November).
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...
has had seven constitutions, two substantial constitutional revisions, and two periods of rule by decree since its independence from French colonial rule
French colonial empires
The French colonial empire was the set of territories outside Europe that were under French rule primarily from the 17th century to the late 1960s. In the 19th and 20th centuries, the colonial empire of France was the second-largest in the world behind the British Empire. The French colonial empire...
in 1960. The current "Seventh Republic" operates under the Constitution of 2010.
Constitution of 25 February 1959
The Constitution of 25 February 1959 was created by and then ratified vote of the Constituent Assembly of Niger, a body created for this purpose from the elected Territorial Assembly of Niger in December 1958. The Constituent Assembly voted 44 to 8 to approve this parliamentary system with limited internal government powers under the French CommunityFrench Community
The French Community was an association of states known in French simply as La Communauté. In 1958 it replaced the French Union, which had itself succeeded the French colonial empire in 1946....
. The Head of State of Niger remained the former French Governor of Niger, Don-Jean Colombani, now titled High Commissioner of Niger. Powers including defense, foreign affairs, and currency were retained by France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. On 12 March 1959 the Constituent Assembly became the Legislative Assembly of Niger, with the head of government, Hamani Diori
Hamani Diori
Hamani Diori was the first President of the Republic of Niger. He was appointed to that office in 1960, when Niger gained independence.- Youth :...
, retaining the title of President of the Council. Executive powers were vested in the Assembly. The new Assembly was to have 60 deputies elected for 5 year terms. The constitution established elements, such as the Flag of Niger
Flag of Niger
The Flag of Niger has been the national symbol of the West African Republic of Niger since 1959, a year prior to its formal independence from France. It uses the national colors of orange, white and green, in equal horizontal bands, with an orange rondel in the center...
, the National anthem of Niger and the Coat of Arms of Niger
Coat of arms of Niger
The coat of arms of Niger shows a four-part flag draping in the national colors orange, white, and green. In the middle, the state seal is arranged. On a white or gold shield the four golden symbols are shown...
, along with language on naming of political bodies, rights and powers which have been retained in subsequent texts.
Constitution of 8 November 1960 (First Republic)
The Constitution of 8 November 1960 marks the first fully independent constitutional system of the Republic of Niger: the Nigerien First Republic. With a constitutional revision in 1965, the system remained in place until the 1974 Nigerien coup d'etat1974 Nigerien coup d'état
The 1974 Nigerien coup d'état was a largely bloodless military insurrection which overthrew the first postcolonial government of the West African nation of Niger...
.
1974 Military Rule
Following the 1974 Nigerien coup d'etat1974 Nigerien coup d'état
The 1974 Nigerien coup d'état was a largely bloodless military insurrection which overthrew the first postcolonial government of the West African nation of Niger...
, a military council governed the nation without recourse to a Constitution until 1989, or a defined civilian element until 1982. The leader of the 1974 coup, General Seyni Kountché
Seyni Kountché
Seyni Kountché was a Nigerien military officer who led a 1974 coup d'état that deposed the government of Niger's first president, Hamani Diori. He ruled the country as military head of state from 1974 to 1987...
ruled as head of state and President of the Supreme Military Council (CSM), an advisory body which after 1982, contained elements of a Council of Ministers, with an appointed Prime Minister, holding limited powers. A consultative National Council for Development (CND) replaced the National Assembly
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:...
. Political parties were illegal. Following the General's death on 10 November 1987, General Ali Saïbou
Ali Saibou
Ali Saibou was the third President of Niger from 1987 to 1993 succeeding the deceased Seyni Kountché.A member of the Djerma people, he was born in Dingajibanda, a village in the Ouallam arrondissement. Although from Kountché's home village, Saibou is not a cousin...
became President of the CSM. and began a series of reforms which led to the Second Republic.
Constitution of September 1989 (Second Republic)
The Constitution of September 1989 established a single political party and a consultative assembly in place of a National Assembly.Constitution of December 1992 (Third Republic)
The constitution of December 1992 was created over more than a year, following the formation of the civilian National Conference to supersede semi-Military rule. Ratified on 26 December 1992, approved by referendumNigerien constitutional referendum, 1992
A constitutional referendum was held in Niger on 26 December 1992. The new constitution would restore multi-party democracy for the first time since 1960, whilst also allowing unlimited number of five-year terms for the President. It was approved by 89.79% of voters, with a turnout of 56.6%...
and enacted 22 January 1993, the Constitution created a dual executive system. The President, as Head of State, was popularly elected to a five year term, limited to two terms, and named the Prime Minister. The Prime Minister, as Head of Government, was chosen by an 83 person National Assembly, elected by proportional representation. Consequently, by 1994 Niger faced a President who was a political rival of his own Prime Minister. The National Conference also inserted strong constitutional provisions guarding Human Rights
Human rights in Niger
According to the Republic of Niger's Constitution of 1999, most human rights, as defined by the Universal Declaration of Human Rights, are upheld and protected...
, a commission meant to guard freedom of the press, and explicitly tasked the Supreme Court with protecting these rights.
Constitution of May 1996 (Fourth Republic)
The constitution of December 1992 was suspended by a military coup led by Ibrahim Baré MaïnassaraIbrahim Baré Maïnassara
Colonel Ibrahim Baré Maïnassara was a military officer in the West African country of Niger who seized power in a January 1996 coup d'état and ruled the country until his assassination during the military coup of April 1999....
in January 1996. The Constitution of 12 May 1996 was approved by referendum as the Fourth Republic. Following an election disputed nationally and internationally, Maïnassara declared himself winner in the first round of presidential elections. The 1996 constitution was marked by a very strong executive and the ability to rule by decree. When less than three years later Maïnassara was himself killed in the coup of 9 April 1999, the military reappointed Ibrahim Hassane Mayaki
Ibrahim Hassane Mayaki
Ibrahim Hassane Mayaki was Prime Minister of Niger from November 27, 1997, to January 3, 2000.-Fourth Republic:Under President Ibrahim Baré Maïnassara, who seized power in a January 1996 coup, Mayaki was named Deputy Minister for Cooperation, under the Minister of Foreign Affairs, André Salifou,...
as prime minister for a transition government and a transitional cabinet consisting of 20 members, most of whom were civilian to create a new constitution. Coup leader and head of the National Reconciliation Council (CRN) Major Daouda Malam Wanké
Daouda Malam Wanké
Daouda Malam Wanké was a military and political leader in Niger. He was a member of Hausa ethnic group.Wanké's year of birth is disputed. Many sources claim it is 1954 while others 1946.-Biography:...
quickly announced its intention to promulgate a new constitution and institute a return to civilian rule. The interim government also replaced 7 of Niger's regional military leaders. Wanké announced that he would not run for the presidency and disqualified all military and security personnel, as well as all members of the transitional government from standing for election. Wanké named a 60-member independent national election commission to oversee the establishment of the election roles and the polling. The CRN renounced any form of remuneration during the transition period and moved to reduce by half the salaries of future members of government.
A new constitution designed to spread power among the president, prime minister, and legislature was approved by referendum despite an extremely low voter turnout in July 1999.
Constitution of 18 July 1999 (Fifth Republic)
NigerNiger
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...
's 1999 constitution restores the semi-presidential system of government of the December 1992 constitution (Third Republic) in which the President of the Republic is elected by universal suffrage for a five-year term, and a prime minister, named by the president, share executive power. As a reflection of Niger's increasing population, the unicameral National Assembly
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:...
was expanded in 2004 to 113 deputies elected for a 5 year term under a majority system of representation. Political parties must attain at least 5% of the vote in order to gain a seat in the legislature.
Constitution of 18 August 2009 (Sixth Republic)
In 2009, President Mamadou Tandja organised a constitutional referendumNigerien 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...
. It offered a Sixth Republic, with a fully 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....
, the suspension of the 1999 Constitution and a 3 years interim government with Tandja for president. It was declared illegal by the Constitutional Court but Tandja dissolved the Court and assumed emergency powers. The opposition boycotted the referendum and the new constitution was adopted with 92.5% of voters and a 68% turnout, according to official results.
Constitution of 2010 (Seventh Republic)
President Mamadou Tandja was ousted on 18 February 2010 by a military coup d'état2010 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...
. The junta, called "Supreme Council for the Restoration of Democracy
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...
" and led by Salou Djibo
Salou Djibo
Lieutenant General Salou Djibo is a Nigerien military officer. Following the military coup of 18 February 2010, he became head of the Supreme Council for the Restoration of Democracy and thus de facto leader of Niger....
, organised the transition. On 31 October 2010, a new constitution was adopted by referendum
Nigerien constitutional referendum, 2010
A constitutional referendum was held in Niger on 31 October 2010, following the 2010 Nigerien coup d'état which ousted Tandja Mamadou. Parliamentary elections will follow on 31 January 2011, and presidential elections will be held on 31 January and 12 March 2011.According to first results with 172...
with 90.19% in favor and a 52.02% turnout (official results of 25 November).