Fighting corruption and impunity: Civil society organizations condemn frequent violations of transparency rules in public procurement

On August 5, 2024, a dozen civil society organizations, including ROTAB, TLP-Niger and Niger Stop Corruption, sent an open letter to the head of state, General Abdourahamane Tiani. In this letter full of disappointment and concern, but above all full of painful facts, these civil society organizations, united in the framework of the Niger Anti-Corruption Network (RENAC), paint an indisputably ugly picture of Niger’s transition, which makes possible a radical reform of governance. Governance is its creed. From the beginning of the letter, the scene is set. These civil society organizations recall that since August 3, 2023, they have expressed concern about the decree signed on February 23, 2024 to create Coldeff (Commission for the Fight against Economic, Financial and Tax Crime), which weakens the laws on public procurement, taxes and fees, and public accounting. This indicator fully illustrates the deep disappointment of these social organizations after the events of July 26, 2023, even though the leaders of these social organizations are still considered the biggest supporters of the National Committee for the Defense of the Fatherland (CNSP).

As soldiers of the Republic, they organized themselves into human shields through numerous pickets erected in strategic locations. Under the most unifying slogan, “Labu Sanni No – Zancen Kassa Né”, they mobilized Nigeriens who permanently occupied strategic points, especially in front of the military echelon, whose roundabout is now known as the “Square of Resistance”.

Reinac expressed the hope that the reconstruction efforts would be based on principles that ensure the effective functioning of institutions to promote good governance and the good management of public affairs, and “expressed concern about the findings of frequent violations of the Constitution” in the provisions on transparency in public procurement during the Council of Ministers meeting chaired by you. This is a direct challenge to General Tiny, who constantly reiterates his desire to lay the foundations for good governance, but his statements seem to be misinterpreted by governance practices similar to those that led to the events of July 26, 2023.

Ministerial communication on public procurement that violates the law

Reinac is not content with narrative arguments that have nothing to do with facts and reality. He therefore recalls that at the meeting of ministers on Thursday, July 31, 2024, ministers communicated on public procurement in flagrant violation of legal provisions. This correspondence included 4 communications with the Minister of Agriculture and Livestock, 12 with the Minister of Transport and Equipment, 1 with the Minister of Public Health, Population and Social Affairs, and 1 with the Minister of Higher Education, Research and Technological Innovation. There was also a communication with the Minister of National Education, Literacy, Vocational Education and Promotion of National Languages. In terms of local governance, there was an oil spill in the long and quiet Cnsp river.

According to the terms of the letter received by L’Écriture, these communications relating to the award of public contracts are for information purposes only, but the government press release does not mention the method of award, the amount, the timing of its execution and the name of the provisional winner. Rénac considers this omission to be a violation of article 13 of Decree No. 0019/PM/Arcop of January 18, 2023. Is it a simple omission? Nothing could be more certain. Some observers have long warned of worrying signs of progress in the fight against corruption and impunity, but they believe that these violations, committed through ministerial communications on public contracts, confirm their initial fears. Rénac recalls that, despite the legal obligation to provide complete and detailed documentation before reviewing it, since August 2023 the government no longer accurately communicates the winners and amounts of public contracts awarded by the Council of Ministers.

Civil society organizations doubt whether there is a real willingness to respect the text on transparency in the awarding of public contracts in Niger.

“We are concerned about this attitude of the government, which raises questions about the real desire to respect the text of transparency in the award of public contracts in Niger”, stressed Reynac, who also pointed out that “this violation of legal provisions constitutes a contradiction with the main principles of public procurement, in particular those of equal treatment of candidates, free access to the market and transparency of procedures. Reynac did not miss the opportunity to commemorate the president of the CNSP, General Tiani, who highlighted the challenges facing the deposed government in his first statement to the nation on July 28, 2023. “You recall the economic and social aspects, the state of our public finances and the improvement of the country’s economic structure, the situation of Niger’s schools, the health of our population, the fight against the misappropriation of public funds, the fight against impunity, all forms of corruption, nepotism and the difficulties that Nigeriens face every day, which are the challenges faced by the collapsed government, which has shown its limitations”, wrote Reynac on this occasion. “A simple confession of faith? In any case, civil society organizations are interested in warming and fulfilling the promise of the head of state, who announced on July 25, 2024 that “reconstruction cannot be done alone with the help of everyone and jointly diagnose the mistakes of the past to achieve a consistent and appropriate management of remedies and prevent economic crimes.

Reinac pointed out that transparency in the awarding of public contracts is a decisive issue in the fight against corruption and national reconstruction, in addition to being one of the commitments of the Head of State from July 28, 2023. “Public procurement procedures are essential not only to ensure the efficient use of public resources, but also to strengthen people’s confidence in our institutions”, an asset that the CNSP needs to move forward while respecting public expectations.

Rabbi Koye (The Messenger)