2009 Nigerien constitutional referendum

Last updated

2009 Nigerien constitutional referendum
Flag of Niger.svg
4 August 2009

Do you approve of the draft Constitution submitted to your sanction?
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes3,704,55792.50%
Light brown x.svgNo300,3397.50%
Valid votes4,004,89697.06%
Invalid or blank votes121,3022.94%
Total votes4,126,198100.00%
Registered voters/turnout6,045,14068.26%

A constitutional referendum was held in Niger on 4 August 2009. The referendum proposed the dissolution of the Fifth Republic and the creation of the Sixth Republic under a fully presidential system of government, offering a yes or no vote on the suspension of the constitution and granting President Mamadou Tandja a three-year interim government, during which the constitution of the Sixth Republic would be formulated. On 20 June, the Constitutional Court declared the plan illegal, but Tandja subsequently assumed emergency powers and dissolved the Court. The events surrounding this election led to a constitutional crisis.

Contents

Although the opposition boycotted the referendum, official results reported that turnout was 68%, with 92.5% of voters in favor. The new constitution was accordingly promulgated on 18 August 2009. [1]

Background

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 to a full presidential system, 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. [2] [3] [4] [5] [6] [7] [8]

On 5 June, the President and the Council of Ministers 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?" [9] [10]

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. [11] [12] Thereafter, CENI announced that National Assembly elections would take place on 20 August, and no referendum would be voted upon.

CENI chairman Moumouni Hamidou stated, following the 18 June Court decision, that they would not hold the 4 August Referendum, [13] [14] [15] [16] and were preparing almost seven million voting cards for the 20 August legislative elections. By law, Nigerien electoral officials must send out voter cards two months prior to an election. [17]

Upon the final ruling by the Constitutional Court, Tandja declared that he had assumed "special powers" as the "independence of the nation was threatened". [18] Interior Minister Albade Abouba announced on 28 June, following President Tandja's assumption of emergency powers, that both the 4 August referendum and the 20 August parliamentary election would go ahead. [19]

Conduct

The vote went ahead as planned on 4 August, although the opposition chose to boycott it. As the boycott made the outcome of the referendum effectively a foregone conclusion, voter turnout assumed a greater significance, as a higher turnout would enhance the referendum's appearance of legitimacy and a lower turnout would suggest that the population had followed the opposition leaders' call for a boycott. As vote counting took place on 5 August, CENI President Moumouni Hamidou said that voter turnout had varied "between 40 and 90 percent" across the country, with the higher figures found in rural areas. Marou Amadou of the opposition FDD coalition said that this was a "ridiculous" claim and that actual turnout was less than seven percent. In the Kabalewa district, from which Tandja originated, turnout was placed at the particularly high level of 94.72%; in Arlit, official turnout was only 30.8%. [20]

Large signs from President Tandja were posted in Niamey on 6 August, reading "For your fresh show of confidence, all of you: thank you". Meanwhile, the opposition Coordination of Democratic Forces for the Republic (CFDR) described the referendum as "organised in breach of the laws of the Republic" and said that it was "rejected by the sovereign people and it is null and void". It claimed that less than five percent of the population voted and stated that "in boycotting the referendum, Niger people have clearly rejected the autocratic scheme of the President"; according to the CFDR, the turnout figures were "seriously inflated" and many of the "yes" votes were not from real voters. [21]

Results

Official results on 7 August 2009 reported a turnout of 68.26% with 92.5% of the votes in favour. [22] [23] Speaking on 8 August, opposition leader Mahamadou Issoufou vowed to "resist and fight against this coup d'etat enacted by President Tandja and against his aim of installing a dictatorship in our country". [24] After calling for protests, Marou Amadou was arrested on 10 August; he was quickly released on the orders of a judge in Niamey, but according to a member of his non-governmental organization, the United Front for the Protection of Democracy (FUSAD), he was then "kidnapped ... by members of the Republican Guard at the prison in Niamey as he was trying to complete formalities for his freedom from prison". [25]

The Constitutional Court's decision confirming the referendum results was announced on 14 August 2009, thereby legally validating the outcome. [26] Mahamane Hamissou of the CFDR derided the validation as a "non-event" and vowed to fight on against Tandja's alleged effort to impose "dictatorship", while Issoufou's PNDS party dismissed the Constitutional Court as "a tailor-made court that merely did the work for which it was created". [27] On 16 August, Issoufou Sidibé, the Secretary-General of the Democratic Confederation of the Workers of Niger (CDTN), announced that the CFDR would conduct nationwide protests against the "fantasy results" on 20 August. [28]

ChoiceVotes%
For3,704,55792.50
Against300,3397.50
Invalid/blank votes121,302
Total4,126,198100
Registered voters/turnout6,045,14068.26
Source: Direct Democracy

Aftermath

President Tandja promulgated the new constitution on 18 August, and Prime Minister Seyni Oumarou submitted the resignation of his government to Tandja. [1] Tandja reappointed Oumarou and the whole government without changes on 19 August. Although the composition of the government was unchanged, its reappointment marked the formal transition from a semi-presidential system (in which the President and Prime Minister share executive power) to a presidential system [29] in which the President holds full executive power. [26]

The opposition held a protest in Niamey on 22 August despite an official ban. Police fired tear gas and broke up the protest. [30]

See also

Related Research Articles

<span class="mw-page-title-main">Politics of Niger</span>

Politics of Niger takes place in a framework of a semi-presidential representative democratic republic, whereby the President of Niger is head of state and the Prime Minister of Niger head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly.

<span class="mw-page-title-main">Hama Amadou</span> Nigerien politician

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 (MNSD-Nassara) from 1991 to 2001 and President of the MNSD-Nassara from 2001 to 2009. Amadou is from the Kurtey, a Fula sub-group, and was raised in the Tillaberi Region, in the Niger River valley, north of Niamey.

<span class="mw-page-title-main">Mamadou Tandja</span> President of Niger from 1999 to 2010

Mamadou Tandja was a Nigerien politician who was President of Niger from 1999 to 2010. He was President of the National Movement for the Development of Society (MNSD) from 1991 to 1999 and unsuccessfully ran as the MNSD's presidential candidate in 1993 and 1996 before being elected to his first term in 1999. While serving as President of Niger, he was also Chairman of the Economic Community of West African States from 2005 to 2007.

<span class="mw-page-title-main">Mahamane Ousmane</span> President of Niger from 1993 to 1996

Mahamane Ousmane is a Nigerien politician. Elected as the fourth President of Niger at 43 years old, he is the youngest elected president in Africa. He was also the first democratically elected president of his country, serving from 16 April 1993 until he was deposed 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 of the National Assembly from December 1999 to May 2009. Since April 2020, he is the president of the Democratic and Republican Renewal, a major political party that is currently in opposition. RDR Tchanji formed an alliance with Ousmane's other political vehicle, MNRD Hankuri, on 16 December 2018.

<span class="mw-page-title-main">Mahamadou Issoufou</span> President of Niger from 2011 to 2021

Mahamadou Issoufou is a Nigerien politician who served as the president of Niger from 7 April 2011 to 2 April 2021. Issoufou was the prime minister of Niger from 1993 to 1994, president of the National Assembly from 1995 to 1996, and a candidate in each presidential election from 1993 to 2016. He led the Nigerien Party for Democracy and Socialism (PNDS-Tarayya), a social democratic party, from its foundation in 1990 until his election as president in 2011. During the presidency of Mamadou Tandja (1999–2010), Issoufou was the main opposition leader.

<span class="mw-page-title-main">National Movement for the Society of Development</span> Political party in Niger

The National Movement for the Society of Development, also known as the National Movement for the Development of Society is a political party in Niger. Founded under the military government of the 1974–1990 period, it was the ruling party of Niger from 1989 to 1993 and again from 1999 until 2010, when a coup on 18 February 2010, by a military junta called the Supreme Council for the Restoration of Democracy (CSRD), ousted President Mamadou Tandja.

<span class="mw-page-title-main">Democratic and Social Convention</span> Political party in Niger

The Democratic and Social Convention - Rahama is a political party in Niger.

<span class="mw-page-title-main">Mohamed Bazoum</span> Nigerien politician (born 1960)

Mohamed Bazoum is a Nigerien politician who served as the 10th president of Niger from 2021 to 2023. He assumed office in April 2021 after winning the 2020–21 presidential election and surviving a coup d'état attempt. He was ousted in the 2023 Nigerien coup d'état by members of the presidential guard and the armed forces led by Abdourahamane Tchiani.

<span class="mw-page-title-main">Seyni Oumarou</span> President of the Nigerien National Assembly

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. Since November 2008, he has been the President of the National Movement for the Development of Society (MNSD). He unsuccessfully stood as a presidential candidate in 2011, 2016 and 2021. After years as an opposition leader under President Mahamadou Issoufou, he was appointed to the post of High Representative of the President in October 2016.

Moumouni Adamou Djermakoye was a Nigerien politician and the President of the Nigerien Alliance for Democracy and Progress. He was an important minister during the regime of Seyni Kountché and subsequently served as Niger's Ambassador to the United States from 1988 to 1991; later, after founding the ANDP, he served as President of the National Assembly of Niger from 1993 to 1994. He was the ANDP's candidate in four presidential elections, beginning in 1993; he was also a deputy in the National Assembly from 1999 to 2009 and the President of the High Court of Justice from 2005 to 2009.

Sanoussi Tambari Jackou was a Nigerien politician and the President of the Nigerien Party for Self-Management (PNA-Al'ouma). He was Vice-President of the National Assembly of Niger from 1993 to 1994 and served in the government as Minister of State for Higher Education, Research, Technology, and African Integration later in the 1990s. He was a Deputy in the National Assembly from 2004 to 2010.

<span class="mw-page-title-main">Cabinet of Niger</span>

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. According to the Constitution of 18 July 1999 the Prime Minister of Niger proposes the membership of the Council of Ministers, and the President of Niger appoints the Ministers, which is then authorized by the National Assembly. The Council of ministers meets at the discretion of the President, advises him on policy, and implements the policies he formulates. The Council of Ministers is headed by the Prime Minister of Niger, whose name is put forward by the National Assembly, and accepted by the President. The Assembly may remove the Prime minister by a vote of no confidence.

<span class="mw-page-title-main">2009 Nigerien parliamentary election</span>

Parliamentary elections were held in Niger on 20 October 2009, after President Mamadou Tandja dissolved the National Assembly in May 2009 and a constitution referendum was held in August 2009. The elections were boycotted by most opposition parties, and saw Tandja's National Movement for the Society of Development (MNSD) win a landslide victory.

Issoufou Sidibé is a Nigerien labour leader and politician who is the Secretary-General of the Democratic Confederation of the Workers of Niger (CDTN).

<span class="mw-page-title-main">2009–2010 Nigerien constitutional crisis</span> Political conflict leading to a coup détat

The 2009–2010 Nigerien constitutional crisis occurred in Niger due to a political conflict between President Mamadou Tandja and judicial and legislative bodies regarding the Constitutional referendum 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 which was mandated to take place by 26 August 2009. The crisis eventually led to a coup d'état by military leaders who overthrew President Tandja and formed a ruling junta.

<span class="mw-page-title-main">Ali Badjo Gamatié</span> Nigerien politician and civil servant

Ali Badjo Gamatié is a Nigerien politician and civil servant who served as Prime Minister of Niger from October 2009 to February 2010. He was Minister of Finance from 2000 to 2002 and then served as Vice-Governor of the Central Bank of West African States (BCEAO) before being appointed as prime minister by President Mamadou Tandja. Gamatié was prime minister for only a few months, however, as Tandja was overthrown in a February 2010 military coup.

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. Later in the day, the rebels announced on television the formation of the Supreme Council for the Restoration of Democracy (CSRD), headed by chef d'escadron Salou Djibo.

Moussa Moumouni Djermakoye was a Nigerien politician who was President of the Nigerien Alliance for Democracy and Progress, a political party in Niger, from 2010 to 2017. As a high-ranking army officer, he was Army Chief of Staff for a time and also briefly served as Minister of National Defense in 1999 as part of a transitional military regime. After retiring from the army and beginning a political career, he stood as the ANDP's candidate in the 2011 presidential election, winning only a small share of the vote. From December 2011 to 2017, he was President of the Economic, Social and Cultural Council of Niger (CESOC).

<span class="mw-page-title-main">2011 Nigerien general election</span>

General elections were held in Niger on 31 January 2011 to elect the President and National Assembly, with a second round of the presidential elections on 12 March. The first round of the presidential elections was originally scheduled to be held on 3 January and the second round on 31 January, but was later postponed. The elections followed a military coup in February 2010 that ousted President Mamadou Tandja.

<span class="mw-page-title-main">2016 Nigerien general election</span>

General elections were held in Niger on 21 February 2016, with a presidential run-off held on 20 March. A total of 15 candidates ran for the presidency, with incumbent President Mahamadou Issoufou running for re-election for a second term. There were two main opposition candidates also vying for the top post, Seyni Oumarou of the National Movement for the Society of Development (MNSD), who lost to Issoufou in 2011, and Hama Amadou of MODEN/FA, who has been campaigning from prison since November 2015. Most of the opposition agreed to align for the second round to back the second-placed candidate against Issoufou.

References

  1. 1 2 "New Niger constitution promulgated", AFP, 18 August 2009.
  2. Massalatchi, Abdoulaye (June 2009). "SCENARIOS-Niger's president seeks to change constitution". Reuters. Archived from the original on 8 October 2021. Retrieved 25 June 2009.
  3. "Niger to hold referendum on 3rd term | Taiwan News | 2009-06-06 05:22:02". 6 June 2009. Archived from the original on 29 July 2012. Retrieved 25 June 2009.
  4. Chronogramme Tazartché: Bonus de 3 ans pour Tandja, Elections locales et législatives en 2009, Elections présidentielles (auxquelles Tandja pouvait participer) en 2012 Archived 17 May 2009 at archive.today . LE TEMOIN du 11 au 15 mai 2009
  5. ANNONCE DU RÉFÉRENDUM Le planning du Tazartché Archived 15 July 2011 at the Wayback Machine . Oumarou Keïta. Republicain-Niger. 15 May 2009.
  6. RÉFÉRENDUM CONSTITUTIONNEL Une présidence à vie s'annonce ! Archived 15 July 2011 at the Wayback Machine Oumarou Keïta. Republicain-Niger. 15 May 2009.
  7. ALa Cedeao contre la réforme constitutionnelle prévue au Niger Archived 19 May 2009 at the Wayback Machine . Deutsche Welle. 15 May 2009.
  8. Original text: "Approuvez-vous le projet de Constitution soumis à votre sanction ? "
  9. Au conseil des ministres : le corps électoral convoqué pour le mardi 4 août 2009 – la campagne référendaire ouverte le lundi 13 juillet 2009 à 00 heure et close le dimanche 2 août 2009 à 24 heures Archived 27 July 2011 at the Wayback Machine . Le Sahel, Government of Niger. 8 June 2009.
  10. Niger president's main ally quits the government. AFP. 25 June 2009.
  11. BBC Archived 18 June 2009 at the Wayback Machine . 12 June 2008
  12. Elections 2009: Le Chef de l'Etat nomme M. Moumouni Hamidou, président de la Commission Electorale Nationale Indépendante (CENI ) Archived 16 July 2011 at the Wayback Machine . Sahel Quotidien. 26 March 2009
  13. Les institutions bloquent le projet du président Archived 8 September 2012 at archive.today . Radio France international. 20 June 2009.
  14. Convocation du corps électoral pour les législatives anticipées: Le ‘’coq à l’âne’’ du Président Tandja Archived 26 June 2009 at the Wayback Machine . M. Zamanka, Le Canard déchaîné N°383. 22 June 2009.
  15. Niger: législatives le 20 août, pas de référendum Archived 24 June 2009 at the Wayback Machine . AFP. 19 June 2009.
  16. Niger’s electoral commission ready to work for polls Archived 29 June 2009 at the Wayback Machine . PANA Press. 26 June 2009.
  17. "Emergency powers for Niger leader". 26 June 2009. Archived from the original on 27 June 2009. Retrieved 27 June 2009.
  18. Niger to hold referendum despite court ruling Archived 8 October 2021 at the Wayback Machine . Reuters. 28 June 2009.
  19. Boureima Hama, "Niger counts votes in referendum to keep Tandja in power", AFP, 5 August 2009.
  20. "Niger president claims victory, opposition cries foul on referendum", AFP, 6 August 2009.
  21. Boureima Hama, "Niger president wins contested vote to extend rule", AFP, 7 August 2009.
  22. "Massive win for Niger president". 7 August 2009. Archived from the original on 7 August 2009. Retrieved 7 August 2009.
  23. "Niger opposition vows to fight 'dictatorship'" Archived 15 June 2006 at the Wayback Machine , AFP (IOL), 8 August 2009.
  24. "Niger opposition leader back in prison after release: NGO" Archived 28 May 2013 at the Wayback Machine , AFP, 11 August 2009.
  25. 1 2 "Niger court validates referendum result", AFP, 14 August 2009.
  26. "Niger opposition vows to fight 'dictatorship'", AFP, 15 August 2009.
  27. "Niger opposition slams 'fantasy results'", Sapa-AFP (IOL), 17 August 2009.
  28. "Tandja chooses old faces for new regime", Reuters (IOL), 19 August 2009.
  29. "Police fire teargas at Niger protesters", AFP, 22 August 2009.