115.
On the right to leave the country, the only restrictions which may be imposed concern
persons who are the subject of legal proceedings on account of which the examining magistrate
has ordered the withholding of their travelling document for reasons connected to the
investigation.
116.
Whatever the case, only the legal authorities have the power to forbid people to leave the
country. No one can be prevented from returning to his country.
L. Right to Participate in the Government of One’s Country and Access to Public Property and
Services: Article 13
117. The Constitution guarantees the enjoyment of civil and political rights, subject to
compliance with the legal conditions for the enjoyment of those rights. Article 7 provides that
“suffrage may be direct or indirect. It shall be universal, free, fair and secret. Nigeriens of the two
(2) sexes, who have attained the age of 18 by the day of voting or emancipated minors who enjoy
civil and political rights shall qualify to vote.”
Article 9 of the Constitution states that “As part of the freedom of association recognized
and guaranteed by this Constitution, political parties, groups of political parties, unions, nongovernmental organizations and other associations or groups of associations shall be formed and
carry out their activities freely in accordance with the prevailing laws and regulations. The parties
and groups of political parties shall participate in the expression of suffrage. The same
prerogatives shall be recognized for every Nigerien who enjoys civil and political rights and meets
the eligibility conditions provided for by law.”
118.
119.
In accordance with the principle of full multipartyism and that of the freedom of
association, the number of political parties in Niger continues to rise; as at 14 August 2019, it
stood at one hundred and twenty-two (122).
120.
Indeed, Article 6 of the Constitution provides for an Independent National Electoral
Commission (INEC) responsible for the organization, conduct and supervision of the voting
process and declaration of provisional results. Organic Law No. 2017-64 of 14 August 2017 on the
electoral code provides that the INEC is permanent, independent of any authority or organization
and enjoys autonomy with regard to its management, organization and operations.
121.
Since it was established on 3 November 2017 and its members took the oath of office on 13
November of the same year, the Independent National Electoral Commission has been providing
rigorous, competent, professional and transparent leadership for the electoral process. Thus, the
citizens of Niger, who are at the centre of the electoral process, will have their names entered into
the biometric voters’ register in 2019 and will freely exercise their right to vote during the
2020/2021 local and general elections. Voter registration activities started on 15 October 2019.
122.
The major challenge facing the INEC, therefore, continues to be the compilation of a
reliable and secure biometric voters’ register and the holding of credible, transparent and
democratic elections. These elections will ensure the strengthening of the institutions of State and
the first democratic change since independence was attained.
123.
The INEC’s budget allocation depends on the number of elections to be held in the year. For
the various elections scheduled to be held in the country between 2019 and 2020, i.e. the
municipal, presidential, regional or even parliamentary elections, a little over FCFA 87 billion has
been budgeted. These funds have been distributed as follows: FCFA 42.7 billion for the new
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