Niger 1992
The Niger constitution of 1992 developed as an effort to resolve an institutional crisis and respond to popular pressure for greater accountability. Troops fired on demonstrators in the period leading up to the decision to initiate constitutional reform. A low-intensity civil war between the government and Tuareg rebels escalated in 1990, but resolution of the civil war was not a central concern of the drafters.
In this case the regular legislature passed statutes to legalize opposition political parties several months before the national conference convened. The head of state announced his willingness to hold a national conference and organized a preparatory commission that was broadly representative. The preparatory commission included 2 representatives for each of 18 registered political parties; 7 union delegates; 7 scholars; 7 representatives of government; 2 delegates from the teachers’ union, 2 representatives from a civil servants’ union, and 7 delegates from other groups.
The national conference prepared an Acte Fondamentale to guide the transition and provided a mandate for a transitional council to prepare and debate a draft. It generated some ideas for the commission that developed the initial text.
The conference had 1204 members and met in a soccer stadium. Unions were allowed 100 representatives each. Political parties could send 14 representatives each. Accredited associations sent 2 delegates each. A government delegation pulled out when the conference declared itself sovereign but returned three days later. The army was not included. Women protested their under-representation, and men in this Muslim country were surprised when several thousand women marched on the capital in protest.
The proceedings of the conference were broadcast on television and radio.
Note: Political parties proliferated before the conference and at least 9 (half) disappeared before the first national elections.
Note: There was considerable insecurity in the country during the process (banditry), and a mutiny took place in 1992. The head of the transitional government was kidnapped in protest over non-payment of army salaries. He was released after the transitional government agreed to pay. There were delays in organizing the referendum on the constitution and turnout was low, allegedly because of the insecurity. Elections were also delayed. This constitution is later replaced (1996).