Assembly/AU/3(XIV)
Page 14
Independent Electoral Commission (IEC) in respect of holding the first round of the
presidential election in the period “end February-beginning March 2010”. However,
owing to several constraints, the treatment of complaints could not be concluded
within the 38 days stipulated by the IEC, and this impacted negatively on the electoral
calendar.
52.
Concerning military issues, it is noteworthy that the President of the Republic
signed seven decrees for harmonization of the grades and status of the soldiers of
the Armed Forces of the New Forces who had been deployed in the Integrated
Command Centre or had volunteered to join the new army. However, there has been
little progress in the demobilization of ex-combatants, the dismantling of the militias
and the deployment of ICC elements to secure the electoral process. Further, the
United Nations Security Council on 29 October adopted Resolution 1893 (2009). This
resolution, among others things, renewed until 31 October 2010, the sanctions
imposed on Côte d’Ivoire in terms of arms embargo, measures against individuals
concerning financial assets and travel restrictions, as well as the prohibition of the
importation of rough diamonds from Côte d’Ivoire.
l)
Niger
53.
The situation in Niger features on the agenda of the competent authorities of
ECOWAS and the AU. In a context that was marked by the approach of the end of
the second and last five-year term of office of President Mamadou Tandja, the
authorities of Niger organized on 4 August 2009 a referendum to adopt a new
Constitution which recognizes the transition to the 6th Republic . This referendum
was boycotted by the opposition and the new Constitution was approved with a “yes”
vote. The new Constitution introduced a presidential system of government,
extended the term of office of President Tandja which expired on 22 December 2009
for an additional period of three (3) years and abolished the limitation on the number
of terms of office a President can serve. President Tandja justified these reforms by
the need to pursue the work he had started and to endow Niger with institutions that
are more suited to its realities. A number of political parties and civil society
organizations objected to these reforms which they see as a serious setback for the
democratic process in Niger. It should also be noted that both the National
Assembly, before it was dissolved in May, and the Constitutional Court which was
equally dissolved in June, just before President Tandja began exercising exceptional
powers, contested the legality of the initiatives taken by the authorities of Niger. The
adoption of the new Constitution was followed by the holding of parliamentary
elections in December 2009.
54.
ECOWAS took up the issue very quickly particularly by dispatching missions
to Niger to find a solution to the situation. In doing so, ECOWAS acted on the basis
of the Additional Protocol on Democracy and Good Governance. This instrument
proscribes any substantial reform of the electoral law within the six months preceding
an election without the consent of a large majority of the political actors; it also
stipulates that elections must be organized within the prescribed timeframe. At its
Extraordinary Summit held in Abuja on 17 October 2009, ECOWAS was of the
opinion that the holding of the referendum on 4 August and the circumstances
surrounding its organization were against the spirit and the letter of the Constitution
of the country and was in flagrant violation of the Additional Protocol of ECOWAS on
Democracy and Good Governance. The Summit decided to impose sanctions against