Human rights in Niger
Judiciary |
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According to the Republic of
Constitution of 18 July 1999
The Constitution of 18 July 1999, the founding document of the
- Title I, Article 9 states:
The same prerogatives shall be accorded every citizen of Niger enjoying full civil and political rights and fulfilling the conditions of eligibility as provided for by the law.
- Title II: Rights And Duties Of The Individual includes:
Article 23:Each person shall have the right to freedom of thought, opinion, expression, conscience, religion, and worship. The state shall guarantee the free exercise of worship and expression of beliefs. These rights shall be applicable in regard to public order, social tranquility, and national unity.
Human Rights offices
The constitution also created an official
In August 2008, the government established a Mediator of the Republic. The mediator's role is to solve difficulties in the implementation and interpretation of laws and regulations. The president appoints the mediator, who is an independent administrative authority charged with investigating citizens' complaints and trying to find amicable solutions. The mediator has no decision-making powers, however, and instead submits results of investigations to the president and the prime minister.[3]
International conventions
Niger is a signatory of a number of international human rights conventions, including the
History since independence
Niger has had four republican constitutions since independence in 1960, but four of its seven
While the 1999 constitution guarantees a right to free assembly, in practice the government places restrictions on political gatherings, especially at time of popular unrest. There have been three blanket states of emergency declared since 1999, the longest beginning in August 2007 for the entire
Security forces
The involvement of the military in politics has historically led to regular, if infrequent,
Current concerns
The United States, in line with the United Nations and Amnesty International, has consistently found the post-1999 government's human rights record "generally poor; although there are improvements in several areas, some serious problems remain". With the 1999 election of President Tandja and members of the National Assembly in generally free and fair elections, citizens exercised their right to change their government. Since 2001, every year has seen less than a dozen prisoners die or go missing after having last been seen in the custody of military officers. Police and members of the security forces beat and otherwise abuse persons. Prior to the beginning of the
Domestic violence and societal discrimination against women continue to be serious problems. Female genital mutilation (FGM) persists, despite government efforts to combat it. There is societal discrimination against persons with disabilities and ethnic and religious minorities. Worker rights generally are respected; however, there are reports that a traditional form of servitude still is practiced. Child labor occurs, including child prostitution. There are reports of trafficking in persons.[citation needed]
Freedom of the press
Niger has had a tradition of lively press opposition, punctuated by bouts of government repression. From 1999 to 2007, the independent press, especially radio has flourished. With the advent of the
Media
Since literacy and personal incomes are both very low, radio is the most important medium of public communication. The government-owned
The government publishes a French-language daily newspaper, Le Sahel, and its weekend edition. There are approximately 12 private French-language weekly or monthly newspapers, some of which are affiliated loosely with political parties. The private press remains relatively assertive in criticizing government actions, though since mid-2007, there have been a number of arrests of foreign and local journalist.[citation needed]
2007–2008 crackdown
Two local journalists were imprisoned in 2007 under charge of aiding the Tuareg insurgency in the north, and several radio stations have been closed. The journalist Moussa Kaka was held over a year on charges stemming from a radio interview of Rebel leaders, before being provisionally released. Foreign journalist circulated and reported freely prior to mid-2007, but since have been restricted from reporting on or traveling to the north of the country (Agadez Region). Since this time radio re-broadcasts of foreign news services have been restricted, having previously been a staple of Nigerien news coverage.
While Moussa Kaka has received the longest imprisonment for a journalist since the beginning of the
2009 press arrests
In 2009, Reporters Without Borders and the International Federation of Journalists accused the government of Niger of carrying out repeated harassment of Nigerien journalists, following three high-profile arrests and libel cases brought against newspapers by members of the government[15] and the arrest of two officials of Dounia TV for comments made by others on their station.[16] Dounia, the only non-governmental Nigerien Television News station, has been accused of giving air time to supporters Hama Amadou, an imprisoned ruling party rival of the President of Niger. RSF claimed that "The Dounia group is the victim of repeated harassment by the judicial authorities".[17]
Prison and detention center conditions
As of 2006, conditions in all 35 of the country's prisons were poor and life-threatening. Prisons were underfunded, understaffed, and overcrowded. For example, in Niamey's civil prison, there were approximately 720 prisoners in a facility built for 350; at year's end an estimated 550 of them were awaiting trial. Family visits were allowed, and prisoners could receive supplemental food, medicine, and other necessities from their families; however, nutrition, sanitation, and health conditions were poor, and deaths occurred from AIDS, tuberculosis, and malaria.
Corruption among prison staff is rampant. Prisoners could bribe officials to leave prison for the day and serve their sentences in the evenings. Some prisoners bribed officials to serve their sentences in the national hospital in Niamey. Pretrial detainees were held with convicted prisoners.
Human rights observers, including the International Committee of the Red Cross (ICRC), the Nigerien Commission on Human Rights and Fundamental Liberties, and various NGOs, were granted unrestricted access to prisons and detention centers and conducted visits during the year.[7]
Role of the Police and Security Apparatus
The armed forces, under the Defense Ministry, are responsible for internal and external security. The gendarmerie, also under the Defense Ministry, had primary responsibility for rural security. The national forces for intervention and security, under the Interior Ministry, are responsible for domestic security and the protection of high-level officials and government buildings, and the national police, also under the Interior Ministry, are charged with urban law enforcement.
The police are ineffective, primarily because of inadequate resources. Basic supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and badges are scarce. Patrols are sporadic, and emergency response time in Niamey can take 45 minutes. Police training is minimal, and only specialized police units had basic weapons-handling skills. Corruption remains pervasive. Citizens complain that security forces do not adequately police border regions. The gendarmerie is responsible for investigation of police abuse; however, impunity is often a problem.[7]
Freedom of religion
The constitution provides for freedom of religion, and the government generally respects this right in practice. Nigerien society, although predominately Muslim, is respectful and tolerant of religious difference.
Islam is the dominant religion and the Niger Islamic Council, which acts as an official advisory committee to the government on religious matters, broadcasts biweekly on the government controlled television station. On government controlled media, Christian programs generally are broadcast only on special occasions, such as Christmas and Easter, although the independent media regularly broadcast such programs.[7]
Foreign Christian missionaries, while generally viewed with suspicion, operate openly and unmolested. Most large cities, due to the legacy of French colonialism, contain Christian churches and small Christian communities. There is also a small community of the Baháʼí Faith in Niamey. Sharia law, though observed by more pious Nigeriens, is not enforced by government or community. Alcohol is sold openly and women, while generally dressing modestly, need not wear headscarves.
Religious organizations must register with the Interior Ministry. Registration is a formality, and there are no reports that the government refused to register a religious organization.
On February 10, 2006, the government established the
Diffa Arabs expulsions, 2006
In October 2006, Niger announced that it would deport the Arabs living in the Diffa Region of eastern Niger to Chad.[18] This population numbered about 150,000.[19] While the government was rounding up Arabs in preparation for the deportation, two girls died, reportedly after fleeing government forces, and three women suffered miscarriages. Niger's government had eventually suspended a controversial decision to deport Arabs.[20][21]
Slavery
In Niger, where the practice of slavery was outlawed in 2003, a study has found that more than 800,000 people are still slaves, almost 8% of the population.[22][23] Slavery dates back for centuries in Niger and was finally criminalised in 2003, after five years of lobbying by Anti-Slavery International and Nigerien human-rights group, Timidria.[24]
Descent-based slavery, where generations of the same family are born into
Prior to the 20th century, the Tuareg captured slaves during raids into other communities and in war. War was then the main source of supply of slaves, although many were bought at slave markets, run mostly by indigenous peoples.[22][27]
Historical situation
The following chart shows Niger's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[28]1
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International treaties
Niger's stances on international human rights treaties are as follows:
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See also
- Indigénat, legal regime under French colonial rule.
- Internet censorship and surveillance in Niger
- Listings of Human rights indicators:
- Abortion law: legal in cases of danger to mother only.
- Timeline of women's suffrage: Female suffrage enacted in 1948
- LGBT rights in Niger: laws are rather liberal, but homosexuality is completely taboo.
- Use of capital punishment by nation: while not outlawed, Niger is rated as"Abolished in practice", with the last state execution taking place in 1976.
- School leaving age: Children may leave compulsory educationat 16, but may be employed legally at 14.
- Muslim, alcohol sales are not prohibited.
- Freedom in the World (report) 2007 by the US based Freedom Houserates Niger as "Partly Free"
- The Democracy Index of the UK based Economist Magazinerates Niger as 122 of 167 and an "Authoritarian regime".
- List of countries by Failed States Index 2007 by the US based Fund for Peacerates Niger as the 32nd from worst state in government ineffectiveness.
- Corruption Perceptions Index rates Niger 132 of 179, with a 2.6 rating, improving since 2004.
- Migrants' African routes: Niger lies on a major route of undocumented migration from Sub-Saharan Africa to Europe.
- Slavery in modern Africa
- Timidria: Nigerien anti-slavery NGO
Notes
- 1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
- 2.^ As of January 1.
- 3.^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through interpolation.
- 4.^ On the Freedom House spreadsheet, the ratings for every country from North Macedonia through North Korea are applied to the country that precedes it alphabetically, with North Macedonia’s ratings (3 for both civil and political rights) being applied to North Korea. North Macedonia is listed as beginning with the letter “M” (as in “Macedonia, North”), whereas North Korea is listed as beginning with the letter “N”; hence, every country beginning with the letters "M" and "N" (excluding Norway) are affected.
References
- ^ Constitution du Niger du 18 juillet 1999 Archived 2008-10-02 at the Wayback Machine and CONSTITUTION OF THE FIFTH REPUBLIC OF NIGER. Adopted on 18 July 1999, promulgated on 9 August 1999 Archived 2 October 2008 at the Wayback Machine.
- ^ Niger:Country Reports on Human Rights Practices, 2001. United States Bureau of Democracy, Human Rights, and Labor. March 4, 2002
- ^ Niger:Country Reports on Human Rights Practices, 2008. United States Bureau of Democracy, Human Rights, and Labor. February 25, 2009
- ^ STATUS ON SUBMISSION OF STATE PERIODIC REPORTS TO THE AFRICAN COMMISSION ON HUMAN & PEOPLES’ RIGHTS Archived 2008-02-13 at the Wayback Machine.
- ^ "Niger extends state of alert in uranium-rich north". Reuters. 23 November 2007.
- ^ For this section, see Amnesty International, Amnesty International Report 2007, Human Rights Watch: Niger: Warring Sides Must End Abuses of Civilians, Combatants Engaged in Executions, Rape, and Theft. (Dakar, December 19, 2007); and U.S. Department of State. Report on Human Rights Practices - Niger. 1993-1995 Archived 2009-06-16 at the Wayback Machine to 2006.
- ^ a b c d e f g U.S. Department of State. Report on Human Rights Practices - Niger. 1993-1995 Archived 2009-06-16 at the Wayback Machine to 2006.
- ^ Detained journalist’s wife gives news conference in Paris, asks French government to help get him freed Archived 2009-03-22 at the Wayback Machine 20 May 2008
- ^ Newspaper editor freed after being held for 48 hours Archived 2009-03-22 at the Wayback Machine, 1 August 2008
- ^ Radio and TV broadcaster Dounia suspended for one month without explanation Archived 2009-03-22 at the Wayback Machine, 20 August 2008
- ^ Aïr Info correspondent freed after six days in police custody Archived 2007-12-05 at the Wayback Machine, 2 November 2007.
- ^ Niger - Annual Report 2008 Archived 2009-03-22 at the Wayback Machine, RSF
- ^ One-month ban on RFI broadcasts fuels concern about rapid decline in press freedom Archived 2009-03-02 at the Wayback Machine, 20 July 2007.
- ^ Agadez-based journalist to be released conditionally today[permanent dead link], 6 February 2008
- ^ Editor of the weekly L’Action sentenced to three months in prison[permanent dead link]. RSF 6 February 2009.
- ^ IFJ Calls on the Government of Niger to End the Arrests and Intimidation of Journalists Archived 2011-07-26 at the Wayback Machine. IFJ. 7 April 2009.
- ^ In latest judicial harassment of broadcasting group, director-general charged with “false news”[permanent dead link]. RSF. 3 April 2009.
- ^ "Niger starts mass Arab expulsions". BBC News. 26 October 2006.
- ^ Reuters AlertNet - Niger's Arabs say expulsions will fuel race hate
- ^ "Niger's Arabs to fight expulsion". BBC News. 25 October 2006.
- ^ UNHCR |Refworld - The Leader in Refugee Decision Support
- ^ a b The Shackles of Slavery in Niger
- ^ Andersson, Hilary (11 February 2005). "Born to be a slave in Niger". BBC News.
- ^ On the way to freedom, Niger's slaves stuck in limbo
- ^ Born into Bondage
- ^ Slavery in Niger Archived 2009-03-06 at the Wayback Machine
- ^ NIGER: Slavery - an unbroken chain
- ^ Freedom House (2022). "Country and Territory Ratings and Statuses, FIW 1973-2022" (XLS). Retrieved 8 March 2022.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 1. Convention on the Prevention and Punishment of the Crime of Genocide. Paris, 9 December 1948". Archived from the original on 20 October 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 2. International Convention on the Elimination of All Forms of Racial Discrimination. New York, 7 March 1966". Archived from the original on 11 February 2011. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3. International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966". Archived from the original on 17 September 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 4. International Covenant on Civil and Political Rights. New York, 16 December 1966". Archived from the original on 1 September 2010. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 5. Optional Protocol to the International Covenant on Civil and Political Rights. New York, 16 December 1966". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity. New York, 26 November 1968". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 7. International Convention on the Suppression and Punishment of the Crime of Apartheid. New York, 30 November 1973". Archived from the original on 18 July 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Archived from the original on 23 August 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Archived from the original on 8 November 2010. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Archived from the original on 11 February 2014. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. New York, 15 December 1989". Archived from the original on 20 October 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". Archived from the original on 25 August 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8b. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. New York, 25 May 2000". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11c. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. New York, 25 May 2000". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15. Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 19 August 2012. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15a. Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 13 January 2016. Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 16. International Convention for the Protection of All Persons from Enforced Disappearance. New York, 20 December 2006". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3a. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. New York, 10 December 2008". Retrieved 2012-08-29.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11d. Optional Protocol to the Convention on the Rights of the Child on a communications procedure . New York, 19 December 2011. New York, 10 December 2008". Archived from the original on 25 August 2012. Retrieved 2012-08-29.
- ETUDE SUR L’ETAT DE LA LIBERTE D’EXPRESSION AU NIGER. Pas de democratie sans liberte d’expression et de presse. ARTICLE 19: CAMPAGNE MONDIALE POUR LA LIBERTE D’EXPRESSION. London (October 2007). The ISBN printed in the document (978-1-902598-96-2) is invalid, causing a checksum error.
- MANUEL DE FORMATION EN DROITS DE L’HOMME POUR LA POLICE (Police Nationale Niger)[permanent dead link]. Compiled and funded by Direction Générale de la Police Nationale (Niger), Faculté des Sciences Économiques et Juridiques (FSEJ) -- Niamey, Institut Danois des Droits de l'Homme (IDDH) -- Denmark, & Agence Danoise de Développement (DANIDA) --Denmark. (2004)