Niger – Presidential constitution proposed

The always excellent La Constitution en Afrique blog has published the text of the proposed new constitution in Niger. It is only available in French.

The constitution is presidential. Apart from removing term limits, which is the main point of the reform in one sense, the constitution states that the president is the sole source of executive power and that the prime minister and government are responsible to the president (Art 48). At no point is the government made responsible to the legislature. The nearest we get to any such responsibility is the legislature’s ability to interpellate the prime minister or any other member of government “by way of a request” (Art. 85). This is slightly unusual terminology for a francophone constitution, but, to me, it is a way of emphasising that the legislature cannot legally bring down the government collectively.

A referendum on the constitution will be held on 4 August.

There is considerable international pressure against the proposed change. Also, a general strike was meant to be held today, but it was outlawed by the courts.

Earlier this month the president dissolved the Constitutional Court, which had ruled against him, and then appointed a new Court!

The proposed constitution states that the incumbent president will remain in power until elections in 2012 (Art. 148). Legislative elections will be held no later than October 2009 (Art. 149).

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