Experts of the Committee on the Elimination of Racial Discrimination Welcome Restoration of “A” Status for Niger’s National Human Rights Commission, Ask Questions onDescent-Based Slavery and Child Statelessness
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-second to twenty-fifth periodic report of Niger, with Committee Experts welcoming the restoration of “A” status for Niger’s National Human Rights Commission, and asking questions on descent-based slavery and child statelessness.
Mazalo Tebie, Committee Expert and Country Co-Rapporteur for the report of Niger, welcomed the reinstatement of “A” status for Niger’s National Human Rights Commission in 2022. The budget allocated to the Commission in 2021 had fallen significantly from 2020. Were there plans to increase its budget?
Yeung Kam John Yeung Sik Yuen, Committee Expert and Country Co-Rapporteur for the report of Niger, said there were reports that slavery was still present in certain societies in Niger despite the penalties imposed. The Global Index of Slavery indicated that there were around 130,000 victims of slavery in Niger. What progress had been made in drafting a plan of action against traditional slavery? Victims of slavery were subject to stigmatisation and discrimination, including a lack of access to public services. What measures were in place to protect the descendants of slaves from discrimination and exclusion?
Ms. Tebie noted that the civil registration system did not offer all children, including those of slave descent, the opportunity to be registered, preventing them from having access to certain basic social services and excluding them in adulthood from certain economic, political and civil rights. What measures had been taken to improve the birth registration system in general and more specifically for children of slave descent?
The Nationality Code had been amended in 2014 to reduce statelessness by granting Niger nationality to any child found in the country of unknown parents, Ms. Tebie said. How many children had benefitted by the new legal provisions for the granting of nationality? The University of Djibo Hamani in Tahoua, in November 2022, reported that approximately 700,000 persons were still stateless in Niger. What international and regional cooperation mechanisms had been initiated by Niger to protect its citizens from statelessness?
Ikta Abdoulaye Mohamed, Minister of Justice, Keeper of the Seals of Niger and head of the delegation, said Niger had always been at the forefront of the struggle against racial discrimination. The Constitution ensured equality before the law for all without distinction as to sex, social, racial, ethnic or religious origin, and prohibited discrimination. Niger had adopted a National Justice and Human Rights Policy accompanied by a 10-year action plan for 2016 to 2025.
On the National Human Rights Commission, the delegation said Niger regretted the lacklustre budget of the Commission. However, the Commission’s budget had been increased in 2023 to ensure that it had at least the bare minimum to carry out its activities.
The delegation said the State had made many efforts to combat slavery. Legislation had been introduced in 2003 to prohibit slavery, and the draft amendment to the Criminal Code included provisions defining different forms of slavery, including the purchase of wives, and introducing specific punishments for each offence. Mr. Abdoulaye Mohamed said that a national day of mobilisation against slavery and trafficking was held each year.
Statelessness did not exist in the country, but there were children who were at risk of statelessness. All children, including those born to slaves, attended public schools. There was no discrimination based on a child’s heritage. Niger had used various international legal instruments to prevent slavery. Slave heritage was not noted on birth registration forms.
On measures to prevent child statelessness, the delegation said civil registration was universal, free and compulsory. There were around 15,000 registration offices in Niger, and also mobile birth registration services. Many actions were taken in collaboration with non-governmental organizations to register children who were not registered, with over 30,000 children registered annually through these actions in 2021 and 2022. The State party planned to reform the civil registry to digitise it. This would encourage an increase in birth registration.
In concluding remarks, Ms. Tebie called on the State party to take on further initiatives to address major issues such as slavery and statelessness. The dialogue, she said, had been an excellent opportunity to learn about the situation in Niger.
Mr. Abdoulaye Mohamed, in his concluding remarks, said racial discrimination was prohibited by legislation in Niger. The State party was doing its best to promote human rights, although it was facing major obstacles in this regard. He thanked the Committee for its observations, which would contribute to improving State legislation. Niger, he said, would spare no effort in implementing the Committee’s recommendations.
The delegation of Niger consisted of representatives of the Ministry of Justice; Parliament; the National Reporting and Monitoring Mechanism of the Implementation of Treaty Body Recommendations and the Universal Periodic Review; the Office of the Presidency; Ministry of the Interior and Decentralisation; Monitoring Mechanism for International Agreements; and the Permanent Mission of Niger to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Niger after the conclusion of its one hundred and ninth session on 28 April. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and ninth session and other documents related to the session can be found here .
The Committee will next meet in public on Monday, 17 April at 3 p.m. to consider the combined twenty-fourth to twenty-sixth periodic report of Argentina (CERD/C/ARG/24-26 ).
Report
The Committee has before it the combined twenty-second to twenty-fifth periodic report of Niger (CERD/C/NER/22-25 ).
Presentation of Report
IKTA ABDOULAYE MOHAMED, Minister of Justice, Keeper of the Seals of Niger and head of the delegation, said Niger had submitted its first report to the Committee in 1970, less than a year after the Convention came into force. Niger’s regular cooperation with the Committee for more than 53 years testified to the importance that Niger attached to the Convention and the work of the Committee.
According to the latest projections of the National Institute of Statistics, Niger’s population was estimated in 2021 at 23,591,983. The population consisted of 11 different ethnic groups. These groups were the Arabs, Buduma, Fulbe, Gurmance, Hausawa, Igdalan, Isawghan, Kanuri, Kel-Tamajaq, Sonay-Zarma and the Tubu. In additional to its official language, French, the State had 11 designated national languages: Arabic, Buduma, Fulfulbe, Gulmancema, Hausa, Kanuri, Sonay-Zarma, Taghalt, Tamajaq, Tassawaq and Tubu.
The Nigerien economy remained dominated by the primary sector, which produced 44.68 per cent of gross domestic product in 2015. This sector was highly sensitive to climate variability and shocks. Despite efforts and achievements made regarding people's access to electricity, credit, trade and investment, Niger remained among the poorest countries in the world. The poverty incidence indicator had fallen from 48.2 per cent in 2011 to 40.3 per cent in 2019.
Islam was practiced by more than 90 per cent of Niger nationals, who coexisted harmoniously with other minority religions. Niger had no religious or ethnic conflicts. Cultural practices such as festivals promoted unity and cohesion.
Sahel countries had been facing growing insecurity for several years. The area had been the scene of horrific violence by armed groups that had killed and abducted both soldiers and civilians, burned schools, looted homes and taken away livestock. More than 878 schools remained closed as of December 13, 2022, with about 74,000 students no longer participating in classes, 48 per cent of whom were girls. Despite the measures taken by the Government, including the allocation of more than 17 per cent of the national budget to the defence sector and the adoption of state of emergency measures in the areas concerned, the security situation remained worrying in the regions of Diffa, Tahoua and Tillabéri. Terrorist groups and other armed bandits continued to terrorise the population. The budget allocated to the Ministry of National Defence had increased from 112.259 billion CFA francs in 2021 to more than 201 billion in 2023.
The National Human Rights Commission and civil society organizations were involved in the preparation of the State report. The report provided information on the status of implementation of the Convention and the recommendations regarding the previous report submitted in 2015.
Niger had always been at the forefront of the struggle against racial discrimination. The Constitution ensured equality before the law for all without distinction as to sex, social, racial, ethnic or religious origin, and prohibited discrimination. Niger had adopted a National Justice and Human Rights Policy accompanied by a 10-year action plan for 2016 to 2025.
In the domestic law of Niger, there was no specific definition of racial discrimination in accordance with article one of the Convention. However, in 2022, this definition had been taken into account in the revision of articles 102 and 208 of the Penal Code. The Criminal Code punished acts of racial or ethnic discrimination, regionalist propaganda, and acts contrary to freedom of conscience and freedom of religion with one to five years' imprisonment and a ban on residence. The Electoral Code of 2019 prohibited any political party or group of political parties from basing their organization and actions on discriminatory doctrines. Regional and ethnic associations were banned.
The right to education was granted to all without distinction as to age, sex, social, racial, ethnic or religious origin. School was compulsory for all up to the age of 16. The State prioritised the education of girls. The Education and Training Sector Programme 2014 to 2024 aimed to extend educational coverage in rural areas to increase the school enrolment rate, including that of young girls.
The Labour Code prohibited discrimination in employment in Niger, in particular in hiring, conduct and distribution of work, vocational training, promotion, remuneration, granting of social benefits, discipline, or termination of the contract of employment. Niger currently hosted hundreds of thousands of migrants, refugees and asylum seekers leaving for Europe. There had been no abuses against them, and some of them freely engaged in gainful activities. They lived for the most part in migrant reception centres with the support of partners. Niger had a national migration policy adopted in 2020 and a national action plan. A national day of mobilisation against slavery and trafficking was held each year.
Some customs excluded women from inheritance of land. These customs were contrary to the law. There was no discrimination in the provision of the right to health. As part of the improvement of the health of populations, pregnant women, women with cancer, and children under five years old benefited from free care. More than 3 billion CFA francs were invested per year in health facilities by the State.
Multifaceted actions were being undertaken to promote harmony and understanding among the various components of society by encouraging cultural and ethnic mixing, ensuring representation at all levels of all populations, and improving the general standard of living of the population. Niger was aware of the challenges it faced and was committed to promoting the exercise of the various collective and individual rights in accordance with values of peace, tolerance, fraternity and unity.
Questions by Committee Experts
MAZALO TEBIE, Committee Expert and Country Co-Rapporteur for the report of Niger, said the Committee had taken note of the legislative and regulatory reforms initiated after Niger's last dialogue to give effect to the international conventions to which it was a party and to take into account the evolution of Nigerien society. What measures were in place to protect indigenous minorities from terrorism and insecurity? How was the National Human Rights Commission involved in these measures? The Committee congratulated Niger on its measures to implement the Committee’s previous concluding observations.
The report did not provide detailed information on the spread of ethnic groups in different areas of the country. How did the State intend to improve data on ethnicity? What were the outcomes of the census planned for 2022? What were the representations of different ethnic groups in public institutions? Were ethnic languages taught in public preschools and schools? There seemed to be both prohibition and promotion on the use of ethnic languages. What measures were in place to remove the prohibitions?
Niger had made efforts to promote the Convention. Were there examples in which the provisions of the Convention had been directly applied by national courts? The State party had not yet mainstreamed the definition of racial discrimination in national legislation. What progress had been made in this regard? Legislation also did not explicitly prohibit racial hate or incitement to it. There were cases of electoral campaigns inciting racial hatred. How was the State party addressing such discrimination?
The Committee welcomed that Niger had recognised the competence of certain treaty bodies to receive complaints. What was the process of recognising a treaty body’s competence? Had there been any complaints lodged with the State party regarding racial discrimination, and what remedies and redress had been provided in such cases? How was Niger facilitating access to justice for vulnerable populations? Were victims of slavery and irregular migrants able to access legal aid? What measures were in place to train lawyers, judges and other members of the judiciary in the provisions of the Convention?
The Committee welcomed the reinstatement of “A” status for Niger’s National Human Rights Commission in 2022. The Global Alliance of National Human Rights Institutions had called for improved gender representation within the organization. Had measures been taken to promote equal gender representation? The budget allocated to the Commission in 2021 had fallen significantly from 2020. Were there plans to increase its budget? How many complaints had been registered with the Commission, and what follow-up measures were taken?
The report did not address discrimination against women based on descent. Had measures been taken to address such discrimination? When would the State party adopt the draft Family Code to prohibit discrimination against women? Young girls were reportedly sold as wives to rich men. There was one case where a woman had reportedly lived in slavery for more than 30 years. What measures were in place to prevent this practice, which was prohibited by law? Were campaigns targeting traditional leaders, who often promoted such practices, being carried out? Was there a surveillance mechanism for this phenomenon?
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Co-Rapporteur for the report of Niger, said the Committee had previously recommended that Niger adopt special measures to promote the rights of ethnic minorities. What special measures had been implemented to promote access to work, housing and health care, and what were the results of such measures? Did ethnic minorities live mainly in rural areas?
Legislative and institutional measures had been taken to combat racism and slavery based on descent. However, there were reports that slavery was still present in certain societies in Niger despite the penalties imposed. The Global Index of Slavery indicated that there were around 130,000 victims of slavery in Niger. Had the State party conducted a census on victims of slavery? Thirty people had been convicted of trafficking and slavery in 2016. There had been 114 complaints of slavery between 2014 and 2022, which had led to six convictions, but four sentences had been suspended. Why was this?
Articles of the Criminal Code addressed “removal of the freedom of a person” as well as “slavery” specifically. It was possible for the prosecution to lighten the offence of slavery by classifying it as “removal of the freedom of a person”. Had there been any prosecutions for the crime of slavery, and what were the harshest sentences handed down for that crime? What awareness raising campaigns had been carried out on the negative impact of slavery, and what had the impact of these campaigns been? The Committee had previously recommended that Niger work with civil society organizations to combat slavery and to provide information on such efforts in the State report, however, this had not been done. Could the delegation provide information on such efforts?
What progress had been made in drafting a plan of action against traditional slavery? Victims of slavery were subject to stigmatisation and discrimination, including a lack of access to public services. What measures were in place to resolve this issue and to protect the descendants of slaves from discrimination and exclusion? Why did victims of slavery not benefit from legal assistance and other benefits for vulnerable people? The Global Alliance of National Human Rights Institutions had issued recommendations to the National Human Rights Commission to address the issue of slavery. Had these recommendations been implemented?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the Committee had identified four issues to be followed up after the last dialogue, but Niger had not submitted a follow-up report. The Committee called on Niger to participate in the follow-up procedure for the current report. The first issue raised regarded the acceleration of the implementation of the recommendations within the National Human Rights Commission’s reports and the increase of its budget. The second issue concerned mechanisms to prevent slavery and to provide support to victims. The report briefly addressed support mechanisms, but the Committee called for more detailed information on these. The third issue concerned conflict between communities concerning agricultural land use. The final issue concerned human rights training and awareness raising. The periodic report addressed the issue but did not give specific examples about whether goals had been reached. Mr. Kut called for more information on these issues.
A Committee Expert said Niger was the first African nation to come before the Committee in 1970. Some of the issues raised in the Committee’s first dialogue were still being raised today, including with regard to slavery. The National Human Rights Commission had been able to be present in the dialogue as it had “A” status. Why was a representative not in attendance this time? Why was the Commission’s budget so low? What measures were in place to promote the participation of civil society organizations in policy making? Was Niger considering the adoption of a law to protect human rights defenders?
One Committee Expert congratulated Niger for reforms made to strengthen the judiciary system. Article 102 of the Criminal Code introduced a punishment of a “prohibition of residency”. What did this imply for citizens?
Another Committee Expert said that slavery was a traditional practice, and there needed to be a generational change to address it. Was education compulsory? Compulsory education could help to prevent child slavery.
Responses by the Delegation
The delegation said Niger had made real efforts since 1970, but some issues raised in 1970 were still present and needed to be addressed. Niger was progressively building its laws and policies in line with the domestic situation.
Terrorists attacked both the military and civilians, including women and children, to create fear. Measures were being implemented to protect citizens, including minorities, against all forms of violence. The State had made significant efforts and large investments to combat terrorism, developing partnerships with the international community toward this aim. To increase the budget allocated to defence and security, the Government had decreased other budgets for development plans and programmes. Niger was in the process of democratisation. It was working with other countries in the region and other international bodies to promote human rights and protect its citizens.
Niger had decided to remove questions regarding ethnicity from the national census. This was why the State could not provide detailed statistics on ethnicity. There were representatives of each ethnicity in each region.
The National Human Rights Commission and the State Mediator were independent institutions that acted as they felt was required. Inaction by these institutions was not an indication of State interference. The Commission should have participated in the dialogue, but their absence was not the State’s responsibility.
Niger had always denied the existence of indigenous populations in its territory. There were, however, nomad populations, who had access to all State services. In 2018, when the report was drafted, only eight ethnicities were recognised by the State, but in 2019, a law was passed that recognised 11 ethnicities and stipulated that all ethnicities were equal.
The State Mediator received complaints and investigated violations of human rights. Niger regretted the lacklustre budget of the National Human Rights Commission. However, the Commission received subsidies that allowed it to carry out its activities. The head of the National Human Rights Commission was a former minister of the justice system with experience in the promotion and protection of human rights.
International treaties were granted primacy over domestic law. The Convention had not been referenced by any court in the past. This could be because the judiciary and State citizens were not familiar with the Convention. The State party planned in future years to train members of the judiciary in the Convention. Training was currently being carried out on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance.
A committee had recently been established to reform the Criminal Code. The draft had been completed, and it included the definition of racial discrimination used in the Convention and referenced other elements of the Convention. Niger had not yet recognised the Committee’s competence to receive individual communications, but was considering this.
There had been 25 cases involving slavery tried between 2015 and 2019. The State had made many efforts to combat slavery. Legislation had been introduced in 2003 to prohibit slavery. However, the 2003 law had many shortcomings, and so the draft amendment to the Criminal Code included provisions defining different forms of slavery, including the purchase of wives, and introducing specific punishments for each offence. Offering a person as collateral in exchange for a physical object was considered as a different offence to slavery.
Certain traditions excluded women from having access to land. Judges were required to rule in line with international and domestic law, including regarding access to land for women. Women could take land claims to court to challenge prohibitive traditions. Efforts to adopt the draft Family Code were ongoing.
In 2019, at least 300 judges received training in human rights. A manual was also prepared on human rights for members of the judiciary, and workshops on human rights were provided for community and traditional leaders. A draft law on human rights defenders had been prepared with the participation of human rights defenders.
Persons who had been found guilty of crimes were prohibited from residing in specific locations related to the crime, not from residing in any location in the State. This provision applied to both citizens and foreigners.
Certain groups of citizens, such as persons with disabilities and women, were given preferential treatment in selection processes for roles within public institutions. Political parties were required to have at least 25 per cent female candidates. Women could vote and run for election at all levels.
The Constitution guaranteed freedom of association for non-governmental organizations and political parties. Water resources were legally required to be made available to all citizens.
Traditional leaders were not above the law. Many leaders had been convicted and imprisoned for behaviour in violation of State law.
Representatives of all ethnicities were present in Parliament, and the President was a member of a minority ethnicity.
The National Human Rights Commission submitted a report to Parliament each year which was made public.
Foreigners from nations with which Niger did not have a reciprocity agreement were required to pay a bond to guarantee certain rights, such as court representation.
Under certain conditions, suspended sentences were granted under the Criminal Code.
2019 legislation on civil status registration stated that names given to children could not affect their self-esteem or degrade them. The law also stipulated that first names could be changed.
Questions by Committee Experts
MAZALO TEBIE, Committee Expert and Country Co-Rapporteur for the report of Niger, said that the delegation had stated that members of the National Human Rights Commission were not parliamentarians, but a 2012 law stated that the Commission should include two representatives from Parliament. Could the delegation clarify this? Why was descent-based slavery still persistent?
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Co-Rapporteur for the report of Niger, asked about Hadijatou Mani Koraou, who had allegedly been held in slavery for nearly nine years. Ms. Mani Koraou had lodged a complaint regarding the crime of slavery with the State. What was the outcome of her court case? The Expert urged the State party not to suspend slavery sentences.
VERENE ALBERTHA SHEPHERD, Committee Chairperson, asked why traditional leaders had not been held accountable for promoting slavery.
Responses by the Delegation
The delegation said that the offence of slavery should not be suspended, noting that the draft Criminal Code revision did not allow for suspended sentences.
Legislative revisions had established the National Human Rights Commission as the national preventive mechanism against torture. The Parliament nominated two representatives to join the Commission, one from the ruling party and one from the opposition. However, these were not parliamentarians.
Questions by Committee Experts
A Committee Expert asked about the ordinance on associations, which required prior permission to form associations. This seemed to hinder the freedom of association. Did the State plan to amend this ordinance?
Another Committee Expert said that customary law should only be applied when it was not contrary to international legal norms. There were reported cases where judges had issued rulings based on discriminatory customary law. What measures were in place to prevent such rulings?
MAZALO TEBIE, Committee Expert and Country Co-Rapporteur for the report of Niger, asked whether or not the 2022 census had taken place. Why were ethnic associations prohibited?
According to the International Work for Indigenous Affairs organization, the indigenous peoples of Niger were the Tuareg, the Fulani and the Toubou, Ms. Tebie said. These people were traditionally nomadic. The State party had taken some special measures for this population, but did not recognise them as indigenous peoples. What strategies were in place to manage the high mobility of this population while protecting their cultures and traditions? Had there been any evaluation of the specific health and education programmes set up for this population? What were the attendance rates for mobile health and education facilities? What measures had the State party taken toward recognition of indigenous peoples and their rights? Indigenous peoples and some ethnic communities were often more exposed to risks related to the effects of climate change, such as land degradation, drought, and impacts on water resources. Had the State party taken measures to mitigate the effects of the climate crisis on indigenous peoples?
Ms. Tebie said the civil registration system did not offer all children, including those of slave descent, the opportunity to be registered, preventing them from having access to certain basic social services and excluding them in adulthood from certain economic, political and civil rights. What measures had been taken to improve the birth registration system in general and more specifically for children of slave descent? How many children of slave ancestry had been recorded by the State?
The Government of Niger, in line with the United Nations High Commissioner for Refugees' global "I belong" campaign to eradicate statelessness, had adopted a national action plan to combat statelessness in 2019. What was the status of implementation of this plan? This plan involved studies to identify the prevalence of statelessness and to provide solutions. What were the results of these studies? The Committee commended the State party for ratifying the two conventions on statelessness and for acceding to the 2015 Abidjan Declaration and the 2017 Banjul Plan, which aimed for the eradication of statelessness.
The Nationality Code had been amended in 2014 to reduce statelessness by granting Niger nationality to any child found in the country of unknown parents. How many children had benefitted by the new legal provisions for the granting of nationality? The University of Djibo Hamani in Tahoua, in November 2022, reported that approximately 700,000 persons were still stateless in Niger. What international and regional cooperation mechanisms had been initiated by Niger to protect its citizens from statelessness?
The Committee welcomed the many measures taken for the promotion and safeguarding of cultural and traditional heritage, including "joking kinship" or cousinage, which was classified in 2014 as intangible cultural heritage; "salt curing"; and the festival of traditional Dalweyze song. Had there been any reforms or adjustments in school curricula and training curricula with a view to better transmitting culture, including traditional languages? What had been the major achievements of the Ministry of Cultural Renaissance created in 2016?
What were the actions carried out by Niger in the framework of the Decade for People of African Descent (2015-2024) and the follow-up to the Durban Declaration and Programme of Action?
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Co-Rapporteur for the report of Niger, said it was positive that companies exploiting resources were required to invest a portion of their profits in the development of the affected regions. The Committee welcomed the measures taken by the State party for the transparent management of natural resources through the establishment of the mining law of 30 June 2017 and the creation of the Environmental Assessment and Impact Assessment Office. The legislation also provided for the distribution of mining revenues and a community support scheme. How many communities had benefited from these provisions? How were mining revenues calculated? Was Niger satisfied with the revenues obtained from its natural resources? The mining law had been revised in 2022. Had the revision changed the amount of funding distributed to affected communities?
Tuareg communities living near uranium mines were reportedly not sufficiently informed about projects that affected their rights and uranium mining activities that exposed indigenous peoples living nearby to harmful radiation. What consultations did the State party hold with the affected communities? Had the State party received any complaints regarding these projects? Were there any special provisions to protect these populations from radiation due to mining, particularly uranium? What compensation had been provided to affected communities?
Some nomadic pastoralist and agricultural minorities were reportedly victims of expropriation and land grabbing. What measures were being taken to protect these populations from this practice? What was the status of the draft law against pastoral land grabbing initiated in 2015? Several measures had been taken by the State party, including the Rural Code, the law on pastoralism, and the establishment of institutions to better protect the way of life of the pastoral and agricultural communities. Had these measures served to prevent and reduce cases of conflict between farmers and herders? Was the system for repairing both bodily injury and material damage functioning effectively? Could statistics be provided on reparation offered?
The State had made efforts to promote the ancestral practice of "joking kinship", which was a mechanism for promoting living together, tolerance and reconciliation. What impact had the week of celebration of "joking kinship" had on communities since its inception in 2008? Was joking kinship used to resolve land disputes?
Had there been an increase in land disputes in recent years due to the boom in oil production? What measures were in place to end these conflicts? Did the State collect sufficient revenue from oil production projects and use it to benefit the population?
The Special Rapporteur on the human rights of migrants had noted with concern that the law of 26 May 2015 on the smuggling of migrants had many shortcomings and did not comply with international human rights standards. The law criminalised the activities of those who assisted migrants to enter, stay or leave the country illegally, punishing such people with a prison sentence of five to 10 years and a fine of one to five million CFA francs. How many persons had been punished under this law in the last five years? What nationalities were they and what sentences were they issued with?
Mr. Yeung Sik Yuen asked if Niger distinguished between victims of trafficking and traffickers? How did the State reconcile the 2015 law with the Economic Community of West African States principle of freedom of movement? There had reportedly been misinterpretations of this law by judges and law enforcement officials leading to its repressive and unjust application. What measures were in place to prevent such application? Irregular migrants reportedly lived in hiding, and their access to food, shelter and healthcare was extremely difficult. Had Niger made progress in adopting a comprehensive national migration management strategy?
Niger had been facing an influx of refugees in recent years. According to the United Nations High Commissioner for Refugees, tens of thousands of refugees continued to arrive in Niger, fleeing attacks by armed groups in their countries. From January to mid-April 2022, Niger was estimated to have registered more than 36,000 new arrivals from Nigeria, Mali and Burkina Faso, an average of more than 2,500 new arrivals per week. Did asylum seekers lodge requests for asylum to the Minister of the Interior or to a judicial body?
There was a precarious security situation in the north of Niger. Despite a 2015 law banning all movement north of Agadez, more than 60,000 refugees and migrants had transited through Niger on their way to Libya and Algeria. Had smugglers been prosecuted for abuse of migrants and refugees? What measures were in place to address the increase in refugees? What was the estimated number of refugees in the State? Did Niger have a monitoring and protection mechanism to ensure that the detention of migrants was used only as a last resort? Was up-to-date information available on the places and conditions of detention of foreigners?
A Committee Expert asked about efforts to promote the education of children born into slavery. How many had access to schools? Were there serious efforts to prevent children from falling into slavery and terrorist organizations?
Another Committee Expert asked about the impact of customary law in rural villages. The Expert expressed shock at the prevalence of the practice of slavery organised by traditional leaders. What measures were in place to prevent the practice?
One Committee Expert said that the National Human Rights Commission’s workload had increased but its resources had not. The Expert called on Niger to make enough resources available to the Commission so that it could fulfil its mandate. What measures were in place to ensure the complete implementation of legislation to combat slavery? How did the State protect vulnerable populations from the COVID-19 pandemic?
A Committee Expert said that foreign women could choose to take the nationality of their Nigerien spouse. Would such women lose their original nationality? According to reports, marriage was customarily conducted without the consent of both parties. Was this correct? As two of its members were representatives of Parliament, how did the State ensure that the National Human Rights Commission remained independent? What punishments were issued to judges who handed down rulings that violated the Convention?
Responses by the Delegation
The delegation said cultural associations did not incorporate ethnic dimensions. Their aim was to organise cultural events that did not target specific ethnicities. Purely ethnic-related associations were prohibited. Cultural activities strengthened cohesion between communities. There were thousands of legal associations in Niger. The State had opted for a prior authorisation regime, but this only applied to demonstrations. Organizations could apply to conduct demonstrations at town halls. Ethnic associations exacerbated ethnic tensions, which was why the State did not allow such organizations.
Pastoral areas were monitored and controlled by the State. There were legal guarantees that ensured that land ownership was protected. Local authorities distributed land, and herders could make land claims with local authorities. The Rural Code included measures to protect nomadic peoples from climate change and development projects. Development projects could not be initiated in areas designated for animal husbandry. Mobile schools and health centres had been established for the benefit of nomadic people.
Niger had incorporated environmental protection plans into its development policies since 1984. Niger protected its people against the impacts of climate change and soil degradation. The State had established a code of conduct for the exploitation of resources. It did all it could to prevent pollution, conducting regular tests of water and air quality in affected regions. There was an oversight mechanism for all mining projects. The State was not aware of any requests for compensation regarding mining activities. A judge in one case had banned a mining operation after complaints from the affected community. Land commissions were in place to arbitrate land conflicts. There were no ethnic conflicts in areas where there was oil extraction. There were rules that determined how funds collected from mining projects were used; 15 per cent of mining profits was handed back to affected communities, while 90 per cent of these funds was invested in social infrastructure and five per cent was invested in follow-up activities to ensure that the funds benefitted the community.
The National Human Rights Commission had seen an increase in resources allocated to it since 2022. The budget had been increased in 2023 to ensure that the Commission had at least the bare minimum to carry out its activities. The Government was committed to providing human rights institutions with the resources that they needed. The State had decided to establish the national preventative mechanism for torture within the National Human Rights Commission as the Commission already carried out some of the tasks required of the mechanism.
The planned census would be rolled out soon.
A 2018 law on the legal organisation of the country specified areas where traditional laws could be applied. All other areas were governed by civil law. Means of redress were available for persons who felt they had been discriminated against by traditional law rulings. Spouses could choose whether to follow customary or civil law for marriages. In customary marriages, the consent of relatives or parents could be required. Marriage certificates could be issued for customary marriages.
No comprehensive study had been carried out to identify the exact number of stateless persons in Niger. Around 326 children had been identified as being at risk of statelessness in a local project, and these children had been issued with birth certificates as a result.
Niger offered dual nationality, so foreigners who married Niger nationals could obtain the nationality of Niger without losing their original nationality.
Statelessness did not exist in Niger, but there were children who were at risk of statelessness. The United Nations Children's Fund had found that there were 700,000 stateless persons in West Africa, not Niger alone. All children, including those born to slaves, attended public schools. There was no discrimination based on a child’s heritage. Niger had used various international legal instruments to prevent slavery. Slave heritage was not noted on birth registration forms.
The delegation expressed shock at the information presented by the Experts on child statelessness. Civil registry centres were available in all communities to encourage birth registration. Civil registration was universal, free and compulsory. The State had enshrined legal provisions ensuring that persons born in other States without identity documents could be registered in Niger. Midwives could register the birth of children if parents had not done so. Failure to register births was subject to prosecution.
Many actions were taken in collaboration with non-governmental organizations to register children who were not registered, with over 30,000 children registered annually through these actions in 2021 and 2022. The United Nations Children's Fund and other organizations assisted in the registration and support of stateless children. The State party did not have complete statistics on children at risk of statelessness. The 2019 plan of action on statelessness called for a revised law on asylum, which was currently being reviewed. The law would soon be considered for adoption. The State party planned to reform the civil registry to digitise it. This would encourage an increase in birth registration. There were around 15,000 registration offices in Niger. Children of internally displaced persons were registered. There were also mobile birth registration services. The time limit for registering a child’s birth had been extended to 60 days.
There were around 255,000 refugees, 300,000 internally displaced persons and 470,000 asylum seekers in Niger. Niger welcomed refugees from all countries. It required assistance from the international community to support its refugee population. Such support was required across Africa. Niger intended to sign a memorandum of understanding to welcome Libyan people in extreme need and provide them with full protection in humane conditions. Asylum seekers lodged asylum requests with the Commission for Refugees, and if their request was denied, they could appeal to the State Council. Refugees were tried in the same manner as Niger nationals if they came in conflict with the law. The State worked with non-governmental organizations to ensure that refugees had access to legal aid and a fair trial. Refugees were not systematically held in prisons. There were refugees who were convicted of crimes and placed in prisons.
A multi-sectoral plan had been adopted in response to the COVID-19 pandemic and large amounts had been invested in supporting the population, including to support persons in pastoral agriculture.
A workshop had been held recently to revise legislation on the right to peaceful assembly.
Around 35 persons had been tried for trafficking in 2020, and around 25 in 2021, with around five persons prosecuted. Traffickers tended to be Niger nationals, but there were also smugglers from Libya and Nigeria. Migrants were deemed to be victims and not punished for people trafficking. Smugglers placed migrants in ghettos, whereas the State placed them in shelters.
The Ministry for Rebirth was discussing traditions and values of the country, promoting positive values and conducting consciousness-raising activities to prevent negative practices such as female genital mutilation, slavery, forced and early marriages.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Co-Rapporteur for the report of Niger, welcomed that the draft Criminal Code addressed slavery. Further progress, however, could be made in the fight against slavery. The case of Hadijatou Mani Koraou was one example of alleged slavery. What had happened in this case?
The delegation had said that data was not available on ethnicity as there were no questions on ethnicity in the census. The Committee stressed the importance of ethnicity data. The Presidency Office website did provide statistics on ethnicity. Why was the delegation hesitant to provide this information?
Bond payments that led to the “removal of freedom” of a person should be considered as a form of slavery.
One Committee Expert said that issues of slavery and servitude were of prime importance to the Committee. Niger faced challenges regarding societal changes. Niger, like many West African States, had positive and customary law systems that caused problems, for example regarding marriage. Niger needed to attach more importance to these issues and continue efforts to ensure that customary laws did not clash with positive laws. Niger did indeed require technical assistance to support reception of migrants. What technical assistance was it currently receiving, and what support was still required? The State was responsible for changing societal attitudes regarding traditional laws.
A Committee Expert asked for data on the number of children born to slaves and their participation in education.
Another Committee Expert welcomed that there had been a criminal sentence issued in one case of slavery addressed by the delegation. What reparations were provided to victims in this case?
One Committee Expert said that he had met the President of the National Human Rights Commission and discussed progress made in promoting human rights. The Expert welcomed this progress. More than two-thirds of financing for the National Human Rights Commission was devoted to staff salaries and facility expenses, leaving little to fund the Commission’s work. The Expert called for more funding to this work.
MAZALO TEBIE, Committee Expert and Country Co-Rapporteur for the report of Niger, said the practice of payment for slaves had not yet been eliminated. What did awareness-raising campaigns addressed to traditional and religious leaders entail?
Closing Remarks
MAZALO TEBIE, Committee Expert and Country Co-Rapporteur for the report of Niger, said the dialogue had been fruitful. Ms. Tebie congratulated the delegation for its honesty. She called on Niger to take on further initiatives to address major issues such as slavery and statelessness. The dialogue had been an excellent opportunity to learn about the situation in Niger. She thanked the National Human Rights Commission and other non-governmental organizations for the information provided, and thanked the members of the Committee and the secretariat for their contributions to the dialogue.
IKTA ABDOULAYE MOHAMED, Minister of Justice, Keeper of the Seals of Niger and head of the delegation, thanked the Committee for the dialogue, in which matters concerning racial discrimination had been discussed. Racial discrimination was prohibited by State legislation. The State party would do its best to promote human rights. It was facing major obstacles in this regard. Niger was recognised as an example in Africa for the many positive activities that it was undertaking in the field of human rights. He thanked the Committee for its observations, which would contribute to improving State legislation. Niger would spare no effort in implementing the Committee’s recommendations. The Committee’s concluding observations would be distributed to all relevant stakeholders. In closing, Mr. Abdoulaye Mohamed thanked all those who had contributed to facilitating the dialogue.
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CERD23.003E