Constitution of Niger
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The
Republic of Niger ) , official_languages = , languages_type = National languagesFrench colonial rule in 1960. The current "''Seventh Republic''" operates under the Constitution of 2010.


Constitution of 25 February 1959

The Constituent Assembly of Niger, a body created from the Territorial Assembly of Niger elected in December 1958, ratified the Constitution of 1959 by a vote of 44 to 8. The Constitution provided for a parliamentary system with limited internal self-government within the French Community. The former Governor of Niger, Don-Jean Colombani, remained the head of state, now titled High Commissioner of Niger. Powers including defense, foreign affairs, and currency were retained by
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
. 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.


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'état. This constitution was revised on 7 September 1965.


1974 Military Rule

Following the 1974 Nigerien coup d'état, 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 (1 July 1931 – 10 November 1987) 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 17 April ...
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 In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
. 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.


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
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
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 are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, 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 Maïnassara General Ibrahim Baré Maïnassara (May 9, 1949 – April 9, 1999) was a military officer and diplomat in Niger who ruled the country from his seizure of power in 1996 until his assassination during the military coup of April 1999. Baré Maïn ...
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 Assane Mayaki (born September 24, 1951) is a Nigerien politician, who served as the Prime Minister of Niger from November 27, 1997, to January 3, 2000. Fourth Republic Under President Ibrahim Baré Maïnassara, who seized power in a Janu ...
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 (May 6, 1946 – September 15, 2004) 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 He was ...
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)

Niger ) , official_languages = , languages_type = National languagesPresident of the Republic is elected by universal suffrage for a five-year term, and a
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, named by the president, share executive power. As a reflection of Niger's increasing population, the
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
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 Mamadou Tandja (1938 – 24 November 2020) was a Nigerien politician who was President of Niger from 1999 to 2010. He was President of the National Movement for the Development Society (MNSD) from 1991 to 1999 and unsuccessfully ran as the MNS ...
organised a constitutional referendum. 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 A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
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 Mamadou Tandja (1938 – 24 November 2020) was a Nigerien politician who was President of Niger from 1999 to 2010. He was President of the National Movement for the Development Society (MNSD) from 1991 to 1999 and unsuccessfully ran as the MNS ...
was ousted on 18 February 2010 by a military coup d'état. The junta, called "
Supreme Council for the Restoration of Democracy The Supreme Council for the Restoration of Democracy (French: ''Conseil suprême pour la Restauration de la Démocratie'', or CSRD), led by Salou Djibo, was a military junta that staged a coup in Niger on 18 February 2010, deposing President Mamad ...
" and led by
Salou Djibo Lieutenant General Salou Djibo (born 15 April 1965) is a Nigerien Army officer. After President Mamadou Tandja's attempts to remain in power after the end of his term, Djibo led the military coup of 18 February 2010 that ousted Tandja, after w ...
, 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).Results of the 2010 constitutional referendum
, 25 November 2010, Nigerien Press Agency, website of the Nigerien government.


References


External links


Constitution of Niger


{{Constitutions of Africa Politics of Niger
Niger ) , official_languages = , languages_type = National languages