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Niger - Government

According to the Constitution, the president of the republic is the head of state and is responsible for the regular functioning of the government and the continuity of the state. The president appoints a prime minister, forms a government in response to a proposal from the prime minister and presides over the Council of Ministers. The president enacts laws transmitted by the National Assembly, can dissolve the National Assembly after consultation with its speaker and the prime minister, and can submit texts for approval by national referendum after consultation with the speaker of the National Assembly and the Constitutional Court. The president appoints ambassadors, is the chief of the administration and is the commander-in-chief of the armed forces.

The prime minister, as the head of government, is responsible for directing, operationalizing and coordinating government action and for executing laws. The government determines and enacts national policy, forms the government and is in charge of law enforcement. The government is accountable to the National Assembly.

A unicameral legislature known as the National Assembly exercises legislative authority. The National Assembly is directed by a president elected according to its internal procedures, along with a secretariat. The National Assembly votes on legislation, consents to taxation and controls the actions of the government.

The Constitution also provides for judicial power, independent from executive and legislative power, that is exercised by the Constitutional Court, the Court of Cassation (an appellate court), the Council of State, the Court of Accounts (an auditing institution), other courts and tribunals. The president of the republic appoints magistrates in response to a proposal from the minister of justice after consultation with the Superior Council of the Judiciary.

Niger's constitution for the sixth republic was approved in July 1999. It restored the semi-presidential system of government of the December 1992 constitution (Third Republic). Niger is an electoral democracy. Presidential and legislative polls held in 1999 and 2004 were considered to be free and fair. Niger's constitution states that a presidential candidate must win an absolute majority of the valid ballots cast to avoid a run-off election with the second-ranked candidate within 21 days. Niger’s president, who is directly elected every five years, chooses the prime minister from a list of three candidates presented by the majority party or coalition in the National Assembly. Members of the unicameral, 113-seat body are elected by popular vote to serve five-year terms.

In a 12 July 2009 address on public media, President Tandja launched a campaign for the August 4 referendum on a new constitution. Although the campaign period started officially on July 13, government officials commenced sensitizing the public on the draft constitution on July 6. Key elements that distinguish it from the current constitution include concentrating power in the executive branch through a presidential rather than semi-presidential system, providing a bicameral legislature, implementing three-year transitional phase prior to the next presidential election, and eliminating presidential term limits. Political parties, civil society organizations, and the international community continue to react to both the referendum process and changes proposed in the draft constitution.

On September 2, 2010, CSRD president Djibo approved the draft constitution submitted by the NCC; on October 1, he signed a decree calling for a constitutional referendum on October 31.

• With respect to the Executive branch, the draft constitution stated that, "The President of the Republic is the exclusive holder of executive power. He is the head of government. He appoints the Prime Minister and cabinet members and determines their powers. The Prime Minister and members of the cabinet report to the President. He sets their terms of office and portfolios." (Article 48);
• While the current constitution limited the President's term of office to five years, renewable only once, the draft constitution provided for unlimited terms. "The President of the Republic is elected via free, direct, equal, and secret universal suffrage, for a mandate of five years renewable." (Article 39);
• Regarding the legislative branch, while the current parliamentary system comprised a single-chamber National Assembly, the draft constitution provided for a bicameral parliament. "The legislative power is executed by the Parliament. Parliament is made up of two chambers: the National Assembly...(and) the Senate." (Article 68). National Assembly members (Deputies) "...are elected via free, direct, equal, and secret universal suffrage. The legislature lasts 5 years." (Article 69). The Senate "...ensures the representation of local councils, traditional chiefs, and Nigeriens abroad. Two-thirds (2/3) of Senate members are elected via indirect universal suffrage. The other third is appointed by the President of the Republic. Senators' mandates last 5 years. No one can be elected or appointed Senator if he or she is not at least forty years old on the day of voting or appointment;"
• With respect to revision of the constitution, the draft stated, "No revision can be engaged or pursued when there is an offense against the integrity of the national territory. The republican form of State, the multiparty system, the separation of State and religion, and the provisions of Articles 148 and 152 cannot be revised".

The referendum for the seventh republic passed with over 90% approval. Local elections were held on January 11, 2011, and first-round presidential elections in conjunction with parliamentary elections on January 31. The second-round presidential elections pitted Mahamadou Issoufou of the Nigerien Party for Democracy and Socialism (PNDS) against Seini Oumarou of the MNSD. On March 12, Issoufou won the presidency with about 58% of the vote. He was inaugurated on April 7, 2011 and named Brigi Rafini as Prime Minister.

Niger implemented a decentralization plan in the decade after 1995. Military coups d’état in 1996 and again in 1999 delayed progress on the devolution of authority to local levels because the international aid required to implement the decentralization plan was either suspended by the donor countries or held up by the disruptions in the central government. True decentralization in Niger did not begin until 2004. The National Assembly originally started deliberations on a decentralization bill in 1998, but it was not passed until 2002 due to the government upheaval surrounding the violent removal of President Mainassara.

However, newly elected President Tandja was sworn in by the end of the year, and during his inaugural address he vowed to continue to implement the Ouagadougou Accords and to give a new impulse to decentralization. The bill created 265 new communes to inherit the decentralized administrative authority. Niger finally held nationwide local elections in 2004. The 3700 newly-elected mayors and councilors were charged with creating a local infrastructure development plan, livestock management and assistance, collecting taxes, and coordinating with NGOs. The World Bank gave Niger a score of 1.0 out of 4 in 2003, describing the situation as “nominal to no decentralization,” due to the lack of funding to local government.

Niger’s National Assembly plays a key role in advancing reforms needed to strengthen governance and consolidate recent democratic gains vital to furthering the country’s development. The potential revenue from extractive industries in Niger is of great importance to the economic growth of the country, and as a result, the efficient and transparent management of these industries plays a key role in Niger’s future.

Niger's independent judicial system is composed of four higher courts--the Court of Appeals, the Supreme Court, the High Court of Justice, and the Constitutional Court. In January 2007, the National Assembly voted to divide the Supreme Court into three high courts--an Administrative Court, a Supreme Court of Justice, and an Audit Court.

While traditional rulers may refer any case to civil courts, the courts' poor reputation among ordinary Nigeriens (who are also inhibited by a sense of shame from bringing a personal or village level dispute before a formal court) means that most seek the chief's intervention first. In Zinder Region judges have to travel widely in rural areas to resolve property and land conflicts but the GON does not provide them with gas money. Judges either seek gas money and other support from litigants or refrain from "riding circuit" at all. Aside from his legitimacy in the eyes of ordinary people, the chief offers expeditious, free justice based on a code derived from Islam and African tradition that most people can intuitively understand and accept.

Niger has embraced a system of political decentralization based on democratically elected local governments. While on paper, these "commune" governments have taken over some of the functions of the chiefs and the central government administrators, the reality is more complex. While chiefs are agents of the state, government control over the chiefs varies in practice, as do chiefs' conceptions of their role. Chiefs often dominate the locally elected commune governments, and are in a position to dictate their success or failure. In an important departure from colonial policy, independent Niger has largely allowed local communities and noblemen to select chiefs for themselves via a quasi-democratic mechanism.

At the local level, the decentralization process is still evolving and there is a need for citizens to become more involved in municipal councils and school governance structures. Finally, the 2016 elections provided an excellent opportunity for the country to reaffirm its support for a peaceful electoral process and subsequent democratic transition.

The chief administrators in each of Niger’s eight regions (governors) and 36 districts or departments (prefects) are appointed by the Government of Niger and function primarily as the local agents of the central authorities.

Since its independence on 3 August 1960, Niger experienced a series of administrative reforms in the direction of decentralization. Naming Changes different territorial entities is confusing when consulting old documents:

• 61-50 Act of 31 December 1961 sets up the 16 "circles" from the colonial period and their subdivisions in territorial constituencies,
• 64-023 Law of 17 July 1964: creation of 7 departments and 32 districts and 120 to 150 towns (in fact, 21 municipalities will be created and 27 administrative positions replacing the rest)
• Report of March 2, 1996 proposing an administrative reform that will not be adopted, but will inspire further reforms (8 regions, 55 departments, 155 arrondissements, 774 communes)
• Constitution of 9 August 1999, Article 127: local authorities are established by an organic law,
• 93-30 Act of 14 September 1998 creating departments and establishing their limits and the names of their capitals and its subsequent amendments,
• 98-31 Act of 14 September 1998, establishing the regions and setting their boundaries and names of their leaders-places:
• Departments become regions
• The boroughs become departments,

Since 2002, Niger was divided into 7 regions (more urban community of Niamey) and 36 departments. Under the territorial division in 2002: