NIGER       Institutional Situation

  This section has been updated by Mr Boubacar Issa Abdourhamane,
a doctorate student at the CEAN, IEP – Montesquieu University of Bordeaux

Democratic Process

Niger was governed from 1960 to 1974 by the civilian regime of Diori Hamani (First Republic), from 1974 to 1987 by the military regime of General Seyni Kountché and from 1987 to 1991 by the military and then single-party regime (Second Republic) of General Ali Saïbou. Like many other African countries, Niger set out on the road to political change in 1990 in a time of crises of many kinds. The serious economic crisis that had started in 1982 with the drop in the price of uranium, the country’s main export, obliged the authorities to sign a structural adjustment programme with the institutions of Bretton Woods. The austerity measures triggered strikes and demonstrations led by the workers’ and students’ unions. Their demands were initially material in nature, but took on a political aspect in the face of the monopoly of the single party created in 1989, the National Movement for the Development Society (Mouvement National pour la Société de Développement – MNSD). At the same time, there was a growing Tuareg rebellion demanding autonomy for the northern part of the country. These different movements forced the government to accept multipartyism and the organisation of a sovereign National Conference.
This conference was held from 29 July to 3 November 1991 in Niamey. It set up a transition government under the leadership of Amadou Cheiffou and a legislative body, the High Council of the Republic (Haut Conseil de la République – HCR) led by Professor André Salifou. A Constitution of the semi-presidential type was adopted by referendum on 26 December 1992, thus creating the Third Republic. The general elections of February 1993 were won by the Alliance of the Forces for Change (Alliance des Forces du Changement – AFC). In March 1993, Mahamane Ousmane, the candidate of the Democratic and Social Convention (Convention Démocrate et Sociale –CDS) won the presidential election thanks to this coalition, which was opposed to the former single party. Mahamadou Assoufou of the Niger Party for Democracy and Socialism (Parti Nigérien pour la Démocratie et le Socialisme – PNDS) became Prime Minister. Disagreements between coalition members were to lead to his resignation, however, and to a change of alliance: the PNDS joined the MNSD in the opposition.
President Ousmane dissolved the National Assembly and held early general elections in January 1996. They were won by the opposition, and the appointment of Hama Amadou, the General Secretary of the MNSD, to the post of Prime Minister saw the beginning of the cohabitation between the two sides in power. This brought about a period of paralysis of the country’s administration and institutions, due to the differences of opinion between the two branches of the executive regarding their fields of competence, especially when it came to arguing over the right to appoint high-ranking civil servants. Despite various attempts at mediation, the political atmosphere remained tense.
It was in this situation that the Council for National Salvation (Conseil de Salut National – CSN) took power. Composed of twelve members led by the Chief of Staff of the army, Colonel Ibrahim Maïnasara Baré, the CSN suspended the Constitution and the activities of political parties. Under pressure from outside partners, the military promised to return to their barracks and restore democracy rapidly. On 12 May 1996, a new Constitution of the presidential type was adopted by referendum with the almost unanimous support of the political class. The head of the junta, now a general, stood for the presidential election of 7 and 8 July 1996. He won in the first round with 52.22% of the votes under conditions of organised fraud characterised by the dissolution of the Independent National Electoral Commission (Commission Electorale Nationale Indépendante – CENI) and the placing of opposition leaders under house arrest. The opposition boycotted the general election of 23 November 1996 and the President’s movement won all 83 seats in the National Assembly. The opposition was grouped together into two coalition movements: the Front for the Restoration and Defence of Democracy (Front pour la restauration et la défense de la démocratie – FRDD) including those who took part in the period of cohabitation, and the Alliance of democratic and Social Forces (Alliance des Forces Démocratiques et Sociales – AFDS) composed of former allies of the government.
The opposition won the local elections of 7 February 1999, but the disturbances caused during counting of the votes by supporters of the government, the impunity of those responsible for these acts and the cancellation of a large part of the election by the Supreme Court triggered another political crisis. The opposition proclaimed a campaign of civil disobedience and demanded the resignation of the Chief of State, whose relations with the army deteriorated. On 9 April, General Ibrahim Maïnassara Baré was assassinated by members of his personal guard led by Daouda Mallam Wanké, who became the head of the Council for National Reconciliation (Conseil de reconciliation nationale – CRN) composed of fourteen officers. A government of national union was formed for the transition period that was to lead to the creation of a new Constitution and the organisation of presidential and general elections. The constitutional referendum organised on 18 July 1999 resulted in a semi-presidential type Constitution being adopted. The two rounds of the presidential elections were held on 17 and 24 November 1999. Although Tanja Mamadou of the National Movement for the Development Society (Mouvement National pour la Société de Développement – MNSD), the former single party, did come first with 32.3% of the votes, there was no absolute majority and he had to stand in the second round against Mahamadou Issoufou of the Nigerian Party for Democracy and Socialism (Parti nigérien pour la démocratie et le Socialisme – PNDS), who got 22.8%. It was to be up to the first round supporters of mahamane Ousmane, the former President of the 3rd Republic (22.5%), Hamid Algabit of the RDP, close to the assassinated President (10.9%), Moumouni Djermakoye Adamou of the ANDP (7.7%), André Salifou of the UPDP (2.1%) and Amadou Djibo Ali of the UNI (1.7%) to decide which of the two was to win. After the second round, Tanja Mamadou was elected with 59.9% of the votes against 40.1% for Mahamadou Issoufou.
The general elections for the 83 seats in parliament were held on 24 November 1999 and produced the following results: 38 seats for the MNSD, 17 for the CDS, 16 for the PNDS, 8 for the RDP and 4 for the ANDP. The leader of the CDS, Mahamane Ousmane, was elected head of the National Assembly.

On 31 December 1999, Hama Amadou was appointed Prime Minister by the President in accordance with the proposal of the parliamentary majority, composed of members of the assembly of the MNSD (38) and the CDS (17). The end of the electoral process of 1999 enabled Niger to return to the democracy that had been interrupted by the military (1996-1999). However, the opposition grouped together in a coalition called the Coordination of Democratic Forces (CFD) and led by the Nigerian Party for Democracy and Socialism (PNDS) has criticised the way in which is excluded by the new government. In January, it proposed a vote of no confidence against the government led by Hama Amadou for “bad management”. This motion was defeated by the MNSD-CDS parliamentary majority, which holds 55 of the 83 seats.

Political Institutions

The new Constitution of Niger has created a semi-presidential regime. The President is elected in a two-round election for a term of office of five years which can be renewed once. He embodies national unity and is above the political parties. He appoints the Prime Minister from a list of three personalities nominated by the parliamentary majority. On proposal of the Prime Minister, he appoints the other members of the government. The President of the Republic may pronounce the dissolution of the National Assembly.
The parliament of Niger is composed of a single chamber known as the National Assembly. There are 83 seats and the members are elected for 5 years, 75 from a list and 8 as single candidates. The National Assembly votes laws. The government is responsible to the Assembly which may pass a vote of no confidence.
The Constitution established a Constitutional Court charged with the role of deciding whether laws and electoral disputes are constitutionally valid. It is made up of seven members of at least forty years of age: two personalities with long professional experience, one of whom is appointed by the Bureau of the National Assembly and one by the President of the Republic, two magistrates elected by their peers and one lawyer elected by his peers, a Teacher of the Law faculty with at least a doctorate in public law and elected by his peers, a representative of the Human Rights associations recognised for his knowledge of public law. The members of the Constitutional Court are appointed for six years by presidential decree. Their term may not be renewed. One third of the members of the Constitutional Court are replaced every two years.
In November 2000, the National Assembly installed a High Court of Justice with the power to judge the Chief of State in case of high treason. It is also competent to judge members of the government. It is composed of 7 judges and 3 deputies.

Judicial System

The independence of the legal system is established in the Constitution of 18 July 1999. The High Magistrate’s Council supposed to guarantee the independence of judges is presided over by the President of the Republic. Not only this, but the political authorities are not bound to follow its opinions in matters of appointment or promotion of judges.
The Supreme Court is the highest legal authority of the State in matters of administration, legal affairs or State accounts. It is composed of three chambers: judicial, administrative and accounts and budget discipline.
The Niger legal system allows for the joint existence of modern and traditional law. Those accused are allowed, in certain matters, to choose the law that will be applicable to them (Article 51 of Law n° 62-11 of 16 March 1962 organising the jurisdictions of Niger). This law established a system of the double jurisdictional degree. So judgements tendered by the Tribunals of First Instance may be subject to appeal before the Appeal Courts of Niamey or Zinder. The Tribunals of First Instance or Regional Courts are judges in all matters of common law. They deal with all administrative disputes except appeals for abuse of power.

Decentralisation and Devolution

A real decentralisation movement was only started at the beginning of the 1990’s with the National Conference and the settlement of the Tuareg problem. Until then, administrative organisation had been based on law n° 64-023 of 17 July 1964. The territorial division of the country was composed of departments, arrondissements, administrative posts and communes which were all merely administrative areas. These entities were therefore only devolved, since they were administered by representatives appointed by the State.
The works of the High Commission on Administrative Reform and Decentralisation and of the Special Commission that was appointed to work on the territorial division of the country led to the adoption of two decentralisation laws: Law 96-05 of 6 February 1996, creating administrative zones and local authorities, and law 96-06 of 6 February 1996, establishing the fundamental principles of the free administration of the regions, departments and communes as well as their fields of competence and their financial resources. Competitive local elections were held on 7 February 1999. They were to be the first official step on the way to establishing the local authorities, for the government opted for a gradual implementation of the new territorial division. However, they were cancelled after the coup d’état of 9 April 1999, although the principle of decentralisation itself was not called into question. It also constitutes one of the conditions of an agreement signed with the Tuaregs in 1995. The preparation of the next local elections is underway but no date has been fixed as yet.

Political Parties

The official acceptance of a multiparty system dates back to 15 November 1990 in response to the many political protests. Niger has about thirty political parties of variable importance and longevity. The main parties are: the Nigerien Alliance for Democracy and Progress (ANDP-ZAMAN LAHIYA) with 4 seats in parliament, the Alliance for Democracy and Progress (ADP-ZUMUNCI), the Democratic and Social Convention (CDS-RAHAMA) with 17 seats, DARAJA, the National Movement for the Development Society (MNSD-NASSARA) with 38 seats in parliaments, the Patriotic Movement for Solidarity and Progress (MPSP-ANOURA), the Movement for Development and pan-Africanism (MDP-ALKAWALI), the Revolutionary Organisation for the New Democracy (ORDN-TARMAMOUA), the Party of the Masses for Work (PMT-ALBARKA), the Nigerien Party for Self-Management (PNA-AL’OUMA), the Nigerien Party for Democracy and Socialism (PNDS-TARAYYA) with 16 seats in parliament, the Nigerien Party for Socialism (PNS-IMANI), the Party for National Union and Democracy (PUND-SALAMA), the Nigerien Progress Party (PPN-RDA), the Nigerien Social Democratic Party (PSDN-AIHERI), the Rally for Democracy and Progress (RDP-JAMA’A) with 8 seats in parliament, the Rally for a Green Sahel (RSV-NI’IMA), the Union of Popular Forces for Democracy and Progress (UDFPP-SAWABA), the Union of Independent Nigeriens (UNI), the Union of Democratic and progressive Patriots (UPDP-CHAMOUA), the Union for Democracy and the Republic (UDR-TABBAT), the Union for Democracy and Progress (UDP-AMINTCHI) and the Union for Democracy and Social Progress (UDPS-AMANA).

Trades Unions

The Nigerien union movement has been in the process of restructuring itself for several years. Although the Confederation of Unions of the Workers of Niger (USTN), an organisation grouping together about thirty professional unions including that of the teachers (SNEN), long held a monopoly on the representation of the workers, this is no longer the case today. With the creation of several other confederations, such as the Nigerien Workers’ Confederation (CNT) in 1997 and the Democratic Confederation of the Workers of Niger (CDTN) in January 2001, the union landscape has become more diversified. The birth of this third organisation is also perceived as being the sign of the failure of the USTN to defend workers’ interests. In the 1990s the USTN and the Schools Union (USN) were the driving force behind demands for democracy. There are also many important sector-based unions, such as in the health, legal or further education sectors.

Human Rights

With the opening up of the political situation, many human rights organisations made their appearance. We will mention the Nigerien Human Rights Association (ANDDH), Democracy, Liberty and Development (DLD) and the Nigerien Human Rights League (LNDH).
As well as this, Niger has ratified the universal declaration of human rights of 1948, the African human rights charter (1986), the international pact on civic and political rights (1986) and the international pact on economic, social and cultural rights (1986).
The new increase in violations of human rights since the coup d’état of 27 January 1996 came to an end with the return to free, transparent elections. The Nigerien Human Rights Association demanded in 1999 that there should be an enquiry held into the circumstances of the assassination of President Baré, but the Constitution of July 1999 granted an amnesty to those who had committed coups d’état between 1996 and 1999, a fact that is denounced by organisations like Amnesty International as “a victory for impunity”. Other large-scale violations of human rights committed in Boultounghour in the east of the country have also gone without any legal consequences.

Media

Political liberalisation favoured the emergence of a flourishing private press, although professionalism is often below par. Under the Third Republic, press freedom was guaranteed by law and by an independent High Council of Communication (CSC). This legislation was challenged under the Fourth Republic by the voting of the law 97-26 of 18 July 1997 restricting the freedom of investigation and publication of journalists and extending sentences in case of condemnation. The new CSC (law 97-25 of 18 July 1997, suspended and replaced by an observatory during the transition) was incapable of acting freely and could not guarantee fair access to public media.
Between 1996 and 1999, the organisation Reporters sans Frontières regularly noted an increase in the number of violations of the rights of journalists to exercise their activities freely by extra-judicial means such as kidnapping, torture and secret detention by police or army. Currently, strategies to stifle the press seem more orientated towards legal means and condemnation of journalists.
The private press is diversified. The written press, alongside Le Sahel and Sahel Dimanche the daily and weekly government papers, also counts many publications. The most regular are the weeklies Alternative, Anfani, Démocrate, Républicain and le Citoyen.
There are also six private radio stations and one television channel (Anfani FM, R&M, Souda, Ténéré FM, Tambara FM and Radio Saraouniua) and that the airwaves have been opened up to international radios (BBC, RFI, Africa n°1) on the FM band, particularly in Niamey.