Support to Stability, Democracy and in

31 May 2013

Danish rep. in , Niger

104.Niger.32. Support to Stability, Democracy and Human Rights in Niger Concept Note to the Programme Committee 1. Introduction 1.1 Strategic Questions  The relevance of the program in the given context in terms of proposed intervention areas and partners and how it may compliment stabilization and anti-radicalization efforts in the context of the EU Sahel strategy for Security and Development and the Danish Sahel initiative?  Deep-rooted traditional and religious paradigms make up strong barriers, and segments of society consider human rights a Western agenda, especially as they apply to women. Is gender an effective entry point in the given context from the point of view of the program objective?  Government oversight and regulation of media and the religious community, and its fight against corruption is being strengthened within a weak accountability framework. This increases the risk, however small at present, of using Danish aid for political bias and restrictions on basic rights. Is this risk acceptable to the Programme Committee in the present context in Niger?

1.2 Summary of conclusions regarding the envisaged support The overall objective of the programme is to promote stability, consolidate democracy and protect human rights, building on the strong commitment to democracy, good governance and human rights by the Nigerien government after the return to democracy in 2011, but also considering the fragile Nigerien context. An amount of DKK 50 million is planned for a three-year good governance programme in 2013-2016. The overall objective will be underpinned through three immediate objectives:

1. Gender Equality and Women’s Empowerment aims at promoting women’s political, social and economic rights by increasing gender awareness and empowering women. The component continues Danish support to Gender and Islam, including enhancing women’s rights to reproductive health, while introducing new support for a civil society fund for women’s organizations and initiatives. 2. Promoting Democratic Values aims at preventing conflict and promoting democratic values in the political and religious discourse in the public sphere. 3. Strengthening Democratic Accountability aims at consolidating democracy by enhancing the capacity of parliament to hold the government accountable and by fighting corruption. In order to ensure an administratively manageable programme, allowing resources to concentrate on policy and strategic dialogue, most funding will be channelled through international organisations with proven capacity, including UNFPA, EU systems, USAID and a media organisation. The representation office will work directly with the Ministry of Interior and the Commission for the Fight against Corruption.

2. Conclusions from Preparatory Analysis justifying the envisaged Support 2.1 Key Experiences and Results from previous Support

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Denmark has over the years supported good governance in Niger, including support to elections, the judiciary, gender and anti-radicalization. During 2012-13 Denmark supports in cooperation with the EU and UNDP a major programme for peace and stability in Northern Niger after the Libyan crisis. The programme strengthens local security with a municipal police force, weapons collection and demining; integrates young ex-combatants and returned migrant workers in economic activities and training; and strengthens central and local government capacities in this field (DKK 10 million from stabilization funds). Since 2008 a good governance programme (DKK 25 million/2008-2013) has concentrated on two thematic areas: The gender component, channelled through UNFPA’s gender initiative, has contributed to establish an important dialogue between the Ministry of Population, the Advancement of Women and Child Protection (MP/PF/PE) and the traditional chiefs, religious preachers and civil society, using religious platforms to promote gender equality and women's rights. Particularly the “husbands’ schools”, where men are organised to take responsibility for family health, have been an effective way to promote women's reproductive health and their social position in general. The approach has been fully adopted by the government. Efforts to reduce gender-based violence have increased attention to this issue among all duty-bearers. In addition, support to civil society’s lobbying played an important role for the approval of the national policy for gender equality in 2009. Building on this experience, the support through UNFPA is proposed to be continued. The decentralisation component has achieved mixed results. The initiative has to a certain extent managed to set up functional dialogue platforms for citizens’ participation level in a limited number of municipalities in two regions. The project has been limited in scope, however, and with a complex set-up based on several NGOs, the approach is not found feasible for up scaling. In addition, the infrastructure funded has often been of poor quality and overlapping with Danish sector programmes. At the central level, the political accord for a decentralization reform is only emerging, and the programme’s contribution to policy development has been limited. The German GIZ, which was responsible for implementation until 2011, will carry on the experiences in a new and major programme, and it has thus been decided to discontinue Danish support. A midterm review of the whole programme took place in 2010. 2.2 Strategic Conclusions from the Sector Analysis Niger has many characteristics of a fragile state where regional insecurity and internal instability, weakly rooted democracy and a weak state, poverty, the effects of climatic change in a fragile environment and an extremely high population growth interplay and pose recurrent challenges to development. As a reflection of all these factors, Niger has dropped to the bottom of the 2012 UN Human Development Index. Since the advent of democracy in 1993 Niger has had three civilian and three military governments and five constitutions. This democratic instability has led to recurrent halts to international development assistance, including Danish assistance, and deters necessary foreign investments. The latest constitutional referendum in 2010 and elections in 2011 restored the democracy with stronger democratic guarantees, which for the time being is considered stable, but which is young and weakly institutionalized. Consequently, the social contract with the citizens is weakly founded, undermined also by corruption and widespread mistrust in the political elite. Recognizing this situation, the government assumes state responsibilities for

2 security, human rights and a functional system of constitutional checks and balances. New initiatives have been launched in the framework of a new development plan to strengthen the capacity of constitutional bodies, ensure press freedom, improve national dialogue, fight corruption and protect human rights. However, the state has limited physical presence outside the few urban centres and the capacity to plan and implement programs throughout the territory is generally very low across the government administration. To this should be added that security sector expenditure at present seriously limits the possibility of the state to invest in development programs. Although the latest ended only in 2009, emerging threats to the internal stability seem rather to be the regional presence of militant Islam and the introduction into Niger of new radical doctrines in the national context of a general religious upsurge and weak democratic institutions. Signs of religious tensions, including radical preaching and harassments of moderate Muslims and non-Muslims, underline the need to promote religious dialogue and tolerance, as well as the importance of the ability of the state to monitor, promote and protect religious freedom while preventing and managing violent extremism. Whereas press freedom is well protected, press ethics are low and in the fragile environment, media risk being used as platforms for misinformation, hate-speech and violent extremism thus contributing to destabilization in a population with little education and access to information. Transparency and democratic accountability is weak. The latest elections were considered free and fair, but elections have a significant element of vote buying and the link between the elected and the voters is weak. The Parliament is well respected by the government, but parliamentary oversight is deficient, members of parliament inexperienced and commissions weak. The effectiveness of other control mechanisms, including the national audit-, human rights-, anti-corruption- and ombudsman institutions, is likewise limited and there is a need for political consensus to strengthen their independence. Corruption is widespread, and as a rallying point in radical discourse, Niger is vulnerable to its destabilizing effects. It is crucial that the present commitment to fight corruption and impunity be maintained over time leading to concrete results. In the strongly age and male dominated culture women are severely discriminated. Despite the constitutional guarantees, they do not enjoy all the legal rights of men. In addition, tradition and social norms, often mistaken for religious imperatives, seriously limit women’s political, economic and social rights. Early marriage of girls is common and early pregnancies have a strong negative impact on their education. Gender based violence is widespread. Also the youth is to a large extent discriminated, contributing to the problem of violent extremism. Civil society – both development oriented and religious - is increasing its role, in particular within the areas of human and women’s rights and social services, although often with weak governance structures. There are few donors in Niger, yet harmonization and alignment is modest, resulting in a fragmentation of aid. EU and UNDP are main actors with UNFPA as the lead on gender issues, where also CARE Denmark is doing substantial work with a network for rural women. The justice sector is supported by EU and France. USAID supports the Parliament with a focus on extractive industries. UNDP supports the promotion of human rights. Civil society organizations are supported in different ways, notably by EU and Germany. Support to media is modest, mostly international NGOs supporting community radios. 2.3 Summary of conclusions of the assessment of the Budget Support Principles

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Niger performs well on a number of criteria, including a formal adherence to the principles of good governance and a willingness to pursue these goals through policies and programs. However, the quality and capacity in public financial management is low and declining between 2008 and 2012. There are flaws in the laws guiding the Court of Auditors, which leave audits of tax and customs revenues out of its purview. The parliament has failed to debate and approve the national accounts from 2007 and onwards and corruption is endemic. Overall, the risks associated with general budget support are presently considered larger than the advantages of applying the modality.

3. Preliminary overview of envisaged program support 3.1 Justification and expected results A stable democratic and inclusive environment is key to underpin Niger’s long haul for social and economic development as well as for peace and security in the wider region and beyond. The new constitution and the current government, in place until early 2016, provide an excellent platform for enhancing and consolidating democracy and democratic governance and for strengthening the cohesion and inclusion of society. Based on this analysis, the Denmark-Niger Country Policy Paper (under preparation) proposes to focus Danish cooperation with Niger on poverty reduction through the two interlinked priorities of promoting inclusive economic growth and reducing instability and fragility. Accordingly, the present programme will address the instability and fragility priority, building on the convergence of Danish and Nigerien priorities and development policies in this area. Considering the vast spectre of possible interventions to consolidate democracy and promote human rights and stability in the Nigerien society, a number of key interventions have been selected, which are identified as essential to strengthening participation, non-discrimination, transparency and accountability in Niger’s political governance and which provide opportunities for mutually reinforcing synergies. Women’s exclusion from political, social and economic participation is by far the largest problem of discrimination in the Nigerien society and constitutes a loss of an important resource. Due to religion and tradition, it is a complex area, but the experience of UNFPA in dealing with gender and Islam provides a solid entry point for working with the level of duty-bearers, including the traditional and religious leaders as well as the men. This approach will be complemented by support to women as rights-holders through civil society in order to inform and organize women and to channel the voice of the women to the political level. Violent extremism and the potentially destabilizing role of the media are identified as two main threats to stability and social cohesion. The interventions aim at self-regulation by the religious community and the media, respectively, and enhanced oversight by the state, combined with preventive efforts through dialogue and capacity building on i.a. human rights and democratic principles. The credibility of the political and democratic system and thus the cohesion between state and citizens will be supported through a strengthened parliament and the fight against corruption. Previous work by USAID with the parliament provides an excellent platform for extending the support with Danish funds to provide a more comprehensive support to the consolidation of democracy in parliament. The adoption of a national anti-corruption policy has strategic importance and more capacity to prevent and investigate corruption will be critical to increase

4 visible impact. Denmark may provide added value to the donor support to the fight against corruption by introducing a harmonised and programmatic approach among donors. The present programme is also designed with a view to its robustness and flexibility in case of democratic set-backs in Niger. The programme will provide a basis for building trust with various democratic actors both within and outside government, which could provide an important platform for dialogue and continued engagement in case of crisis. The programme will be complemented by the Danish government’s Sahel Initiative aiming at stability and security in the Sahel region, through support at a regional level for mediation and conflict management; security sector reform; and countering violent extremism. As a result of the programme, state and civil society including religious associations will have progressed towards clarified mandates and acquired increased capacities to promote and protect human rights within a strengthened accountability framework. Corruption and the perception of corruption and impunity will be reduced. Women will have noted particular improvements from strengthened legal enforcement, changes to traditional behaviour and the effects of women’s self-organization, which will impact positively on girls’ education, early marriages, high fertility and women’s participation in political, economic and social life. Concrete results will be determined during formulation. 3.2 Brief outline of the Support Strategy The proposed program aims to promote stability, democracy and human rights in Niger over a three year period 2013-2016 with a Danish contribution of DKK 50 million. Previous assistance to promote gender equality will be up-scaled while a new focus is introduced to protect and promote religious freedom and the freedom of speech, fight corruption and strengthen democratic accountability. The choice of components, partners and objectives is based on an assessment of Niger's needs, previous experiences of Danish support, other donors’ support, as well as the need to maintain a manageable program. Also, the choice of intervention areas and partners is intended to promote new national partnerships and achieve synergies between different institutions that work for the same agenda e.g. between media and parliament, parliament and anti-corruption, women’s NGOs and parliament etc. Most components will have a modest scope and act as a testing ground on which future collaboration may be based and up-scaled from 2016. A Human Rights Based Approach is adopted through the integration of the principles of non-discrimination, participation and inclusion, transparency, and accountability in design and implementation of all components. Women’s rights remain key issues which will be addressed both through targeted interventions, mainstreaming in components and at the core of the dialogue with partners. Considerations on radicalization will be applied to the design and implementation, implying reflections on causes and dynamics of radicalization and how to address this. The components will to varying degrees focus on both the supply and demand-sides, simultaneously supporting the capacity of authorities in their role as duty bearers, while also the voice and participation of right-holders shall be strengthened. Component 1: Gender Equality and Women’s Empowerment. The component aims at promoting and protecting women’s rights at both duty-bearers’ and rights-holders’ levels. The first entry point is to continue support to strengthening the capacity of the Ministry of Population, the Advancement of Women and Child Protection (MP/PF/PE) as the principle duty bearer for non-discrimination against women, to work with the religious leaders to

5 sensitize and inform men about human and women’s rights and how these are protected in Islam, expanding the UNFPA programs (i) “Gender and Islam”; and (ii) « Husbands’ schools ». The second entry point pilots a new initiative aimed at strengthening the capacity of women’s civil society organizations to mobilize women and to carry out lobbying for gender equality around specific social, economic and political rights, such as political participation, rights to inheritance and land, and against gender based violence. Danish funding will be earmarked a “gender window” in the EU civil society fund PASOC2, which also includes capacity building for civil society as well as networking and strengthening of the legal framework in which civil society operates. Component 2: Promoting Civic Values. The aim of the component is to prevent conflict and violent extremism by monitoring and promoting civic values in the political and religious discourse. The first entry point aims to promote intra- and inter-religious dialogue respecting human rights and civic values and to strengthen the Ministry of Interior (MOI) in its oversight and regulatory functions of civil/religious society. A preparatory assistance is being prepared with the MOI/Department of Religious Affairs to review its mandate and organization, and to launch an update of a Danish funded research from 2006 on religious trends in Niger. The results hereof will be used for identifying needs of MOI and the religious community to work towards the integration of democratic values and for strengthened regulation and self-regulation. The second entry point aims to enhance media ethics by strengthening the capacity of the regulatory bodies Conseil Superieur de la Communication (CSC) and L'Observatoire Nigérien Indépendant des Médias pour l'Ethique et la Déontologie (ONIMED) to i.a. monitor media, handle complaints and train journalists. Efforts to promote co-regulation between CSC and ONIMED so as to strengthen the credibility of regulation and decrease the risk that freedom of expression is used to encourage violent extremism will be supported. Activities will focus on strengthening the public-private dialogue and on building journalistic skills e.g. on conflict-sensitive reporting, human rights and democracy. Support to community radios will be explored as a means of bringing public service to remote areas and of giving voice to disadvantaged groups incl. women and youth. A media professional organization will be contracted to manage the sub-component. Component 3: Strengthening public confidence in democratic institutions. The component aims to strengthen government accountability and build confidence in the democratic state and the rule of law. One entry point is the parliament as the key institution for scrutiny and oversight, legislation and democratic representation. The support will build on the partnership USAID has established, and include capacity building and strengthening of the permanent commissions charged with justice, human rights, natural resources and public finance, as well as parliamentarian networks and groups, including female parliamentarians. General training of political parties, including the promotion of the political participation of youth may also be supported. Activities will be co-financed with and managed by USAID. The second entry point is support for the state's efforts to prevent and suppress corruption through the High Authority against Corruption and Related Crimes (HALCIA), which is mandated to prevent and suppress corruption but also to identify cases for transfer to the president or the court system. The institution was created via a decree in 2011, a draft law broadening its mandate being under preparation for parliamentary deliberation. USAID and

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WB are currently supporting HALCIA with minor grants, and the possibility of joint formulation and/or co-financing will be explored with the possibility of getting EU on board. 3.3 Key Indicators The program shall as far as possible draw on the monitoring and indicator systems used by partner organizations. Tentatively, indicators could include: Changes to the degree of citizens’ consent to democracy; legal texts and laws on promotion of women's rights adopted; number of cases referred to CSC and ONIMED; changes to the perception of corruption; number of parliamentary enquiries; percentage of women participating in elections; percentage of women elected representatives in Municipalities and in government in 2016. 3.4 Other alternatives considered for support Other key governance sub-sectors such as the justice sector, decentralisation and public financial management have been considered. These are, however, largely dominated by the programs of a few large donors such as the EU, France and Germany and with no joint funding mechanisms, which would complicate a Danish entry into these areas. Human Rights is another area considered for support, but no solid entry point is found at present. The Danish Institute for Human Rights has a longstanding partnership in this field, which could be a platform for collaboration, but a large number of small partners would make it rather unmanageable in Danida terms. Since 2011, Niger has engaged in the process of restructuring the National Commission for Human Rights to be in compliance with international standards, but work is progressing slowly and the result is yet to be seen. The Ministry of Justice is just taking steps to elaborate a Human Rights strategy. The largest and oldest Human Rights civil society organisation is presently ridden by corruption. Niger will organize elections in 2016 and the preparation process may be supported using unallocated funds with a specific focus on women’s participation as voters and potential political candidates at national and decentralized levels. 3.5 Envisaged support modalities including technical assistance To ensure a manageable programme, the majority of the sub-components will be managed by international partners with proven technical and administrative capacity, whereas the emphasis of the work of the Representation will be on the cooperation with the MOI and HALCIA. Other long-term international technical assistance is presently not foreseen. Component 1: Funds for gender and Islam will be managed by UNFPA in a co-financing arrangement. Denmark will participate in policy dialogue, programme steering, joint reviews and evaluations. The same modality will apply to subcomponent two, where an external company contracted by EU will manage the Danish contribution to PASOC2. Component 2: The modality for support to the religious dialogue, implemented by the Ministry of Interior, will be determined based on the type of activities to be funded. The capacity of the Ministry to manage donor funds is weak and will require some kind of external support. Support to the media will be managed by a media professional organisation, which offers technical assistance as well as program management. Component 3: Danish funds for the Parliament will be channelled through USAID and programmed and managed under an existing USAID contract with the National Democratic Institute, NDI. Support to anti-corruption is envisaged to be programme or institutional support to HALCIA, preferably with other donors and Denmark as lead donor.

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3.6 Further assessments of modalities Capacity assessments of individual partner organizations (HALCIA, MOI, CSC and ONIMED) will be undertaken to make final decisions on support modalities. 3.7 Preliminary budget Component Budget (mill. DKK) 1.1 Gender awareness 10.000.000 1.2 Women’s empowerment 8.000.000 2.1 Religious oversight and dialogue/MoI 2.500.000 2.2 Media ethics, regulation, community radio 7.500.000 3.1 Parliament 7.000.000 3.2 Anti-corruption 5.000.000 Unallocated funds 5.000.000 Other (audit, MTR, reviews etc.) 5.000.000 Total 50.000.000

The current regional situation and the fragility of Niger underline the need for flexibility to react to unexpected events and to support emerging opportunities to enhance the possibilities for meeting the overall objective. DKK 5 million has been set aside as unallocated funds for purposes to be further specified during formulation. 3.8 Envisaged management structure A program steering committee is not envisaged. A challenge in the programme will be to reinforce existing channels of dialogue between the partners. Steering committees will be established for each subcomponent, gathering the main stakeholders and considering the possibilities for cross-fertilization of activities between subcomponents. 3.9 Relation to other bilateral and multilateral donors’ assistance Mapping of interventions, during the identification phase, has allowed defining a concept, which is complementary to or joining other partners’ interventions. All components will work closely with other partners in the field to enhance the impact and possibilities of synergy, aiming at establishing joint programs where possible. 3.10 Assumptions and risks Working in a fragile environment such as Niger necessarily requires the preparedness to face and manage greater than normal risks. This is not least the case for support to democracy, human rights and governance. At a general level, key risks for a successful implementation are the security situation, corruption, increased polarization and politicization in the run-up to elections in 2016, increased mobilisation of anti-democratic religious sentiments and the weak performance of government institutions and civil society organization. The interplay between these elements could hamper the implementation. As several interventions depend on political will and momentum, flexibility in the approach will be important to ensure adequate responses to developments. Careful attention will be paid to local ownership and to continuous monitoring and review of activities to make sure that they deliver. Denmark will participate in joint fora and jointly monitor progress so that adequate warning of the need for possible program adjustments is provided. During the formulation process, a detailed risk assessment will be prepared together with a risk monitoring and mitigation plan.

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Annex 1: Revised Process Action Plan

• Start of the Consultancy Nov. 2012 • Detailed Process Action Plan Dec. 2012 • ToR identification mission Dec. 2012 • Recruitment of consultant(s), identification mission Dec-Jan. 2012 • Field visit to Niger Feb. 2012 • Identification mission report Mar. 2013 • Programme Committee Concept Note Apr. 2013 • Danida Programme Committee review May. 2013 • ToR formulation mission May. 2013 • Recruitment of consultant(s), formulation May. 2013 • ToR Danida Appraisal Mission May 2013 • Formulation Mission field visit Jun. 2013 • Formulation Mission Report Jun. 2013 • Appraisal Mission preparation note Jul. 2013 • Appraisal Mission field visit Aug 2013 • Appraisal Report and follow-up recommendations Aug.-Sep. 2013 • Revised Programme document Oct. 2013 • Danida Approval Note Oct. 2013 • Danida Approval Nov. 2013 • Final Programme Document Nov. 2013 • Government agreement, signature Nov.-Dec. 2013 • Start of Programme Dec. 2013 – Jan 2014

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Annex 2: Assessment according to the budget support principles

N° Principle / criteria Status Analyses specific to the (General Trend / Impact / Risk /Perspective) SBS 1. Good governance Niger’s efforts to restore democracy and the rule of law after the 2010 military coup are nearly complete. The 7th Republic constitution adopted in a referendum in 2011 formally upholds Niger as secular democratic state that guarantees fundamental civil liberties and safeguards the independence of the judiciary. By the end of 2012 most of the institutional architecture (parliament, courts, independent commissions etc.) had been reinstated and resumed normal functioning, same as new consultative frameworks had been put in place. Interference with the judiciary or ignoring court rulings seem no longer to be widely practiced by the government as was previously the case. Still, civil rights though formally protected are not fully respected in practice. Outside the capital Niamey there is no legal recourse due to a lack of lawyers. Parts of the population continue to have little or no access to government services. Tradition prevents women from enjoying their civil rights, especially in rural areas. There is evidence of growing anti-gender equalitarian and anti-democratic sentiments particularly amongst the youth, which appear increasingly attracted to more radical interpretations of Islam. 2. Anti-corruption Corruption, influence peddling and impunity are rife in Niger. The government has since the return to democracy taken several steps to combat the phenomenon, but the results are yet to be seen: in 2012 Transparency International ranked Niger 133rd and in 2011 134th. The several new initiatives include the establishment in 2011 of the High Authority to Combat Corruption and Similar Infractions (HALCIA), and an anti-corruption and influence peddling complaints and information office for the judiciary, commonly known as the “Hotline”, which aim to identify the causes of corruption, conduct studies, receive and handle complaints and accusations of corruption, make recommendations to government and submit reports to the President of the Republic. In October 2012, the state further initiated a process to develop a national anti-corruption strategy with a view to providing Niger with a suitable and robust instrument with which to combat this issue. At the time of writing, a bill on the suppression of illicit enrichment is being debated by the National Assembly. Adoption of this bill will be critical to the State’s fight against economic crime and corrupt officials. Poverty Reduction Policies 3. Poverty The 2012-2015 Social and Economic Development Plan (Plan de Développement Economique reduction strategy et Social - PDES) represents Niger’s strategy towards achieving the Millennium (PRS) and the will to Development Goals (MDG) by 2015. The Plan describes the government’s broad implement it strategy in 5 key areas: (i) consolidation of the credibility and effectiveness of public institutions; (ii) creation of conditions to enable sustainable, fair and inclusive a. Evaluation of the development; (iii) food security and sustainable agricultural development; (iv) a sectorial/thematic competitive and diversified economy for accelerated and inclusive growth; and (v) programme’s promotion of social development. A priority action plan has been developed. Beyond the plan/strategy PDES there is not a governance sector strategy. At sub-sector levels, strategies are being or have been developed concerning gender, decentralization, anti-corruption and public financial management. b. Evaluation of the will Though national ownership and the willingness on the part of the government to and capacity to implement the PDES is strong, its effectiveness depend on the ability of the government implement the PRS to obtain political consensus and willingness to adopt appropriate operational sub-sector strategies in difficult areas such as decentralization, gender and anti-corruption, which is not assured. A larger problem is the very limited capacity of the government administration to implement the strategies especially at decentralized levels in terms of financing, human resources and adequate procedural guidance, which requires external

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technical and financial assistance, especially at a point in time where most of the state budget beyond salaries is diverted to the security sector. 4. Experiences with Although there is a willingness on the part of the government to act as a key driver for development alignment and harmonization, the state lacks the experience and the capacities required cooperation to effectively take on this role. The European Union, Germany, France and the World generally and budget Bank provide general budget support, but over the past three years, disbursements were support specifically, significantly below forecasts, due to political instability and as a result of the country’s as well as ongoing low absorptive capacity. documentation of concrete development results

b. Evaluation of the There is at present no coherent performance monitoring system in place for the sectoral /thematic level governance sector and sub-sectors. According to the new public finance directives from monitoring /performance the UEMOA, each ministerial department has to put a budget-programme approach and measurement system monitoring and evaluation system in place. The system is not yet operational. 5. Finance Act Budgeting based on national policies has improved but is being undermined by the poor quality of budget execution data. Although budgets are submitted to the National Assembly in good time, sector ministers only had an average of fewer than four weeks to prepare their budgets. The budget circular is not comprehensive, as it fails to distinguish between A-base funding and new measures. Since 2010, the budget procedure has incorporated elements of a medium-term expenditure framework, linked to a macro-economic model (AYOROU). However, the link between budget estimates and the subsequently established annual budgetary ceilings is unclear and discrepancies are not explained. A debt sustainability analysis is carried out each year and there are up-to-date sectorial strategies in place for the priority sectors that account for just over a third of total expenditure. Investment is relatively poorly aligned to existing sector strategies. 6. Public The legal and regulatory framework in force since 2011 is consistent with good practice procurement and procurement increasingly conforms to regulations. Key procurement information is available to the public and complaints are examined by an administrative body that complies with best practice. The regulatory framework fulfills all the conditions set out in the PEFA methodology. Still, the system could be further improved by centralizing certain task currently performed by several agencies. In 2012, 87% of contracts valued above F.CFA 10 million were carried out using competitive bidding. Detailed and widely publicized information on public procurement represents 87% of the total value of contracts. In January each year, an overview of government procurement opportunities is published and regularly updated. An independent procurement audit is conducted every two years. A Dispute Resolution Committee composed of professionals with no involvement in procurement activities delivers binding decisions within reasonable time limits. Complaint-related costs are not prohibitive and the complaint handling procedures used are available to the public. 7. Audit External auditing and monitoring is improving, but the effectiveness is undermined by weaknesses in accounting. Though a Court of Auditors has been established, the law leaves audit of tax and customs revenues out of its jurisdiction. Ministry of Finance delays in submitting accounts and a general lack of attention by the executive to the recommendations of the auditors tend to undermine the effectiveness of the Court. The National Assembly has effective procedures in place for examining the finance bill. It conducts hearings with both managers and private figures and has the time required for a thorough examination. Any reallocation of credit undertaken during the year by the executive is governed by appropriate rules, but the actual scope of these reallocations is limited by frequent amendments to the finance bill. The National Assembly now receives information on tax exemptions and public debt, but a sizeable portion of revenues is not

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included in the reports. The relationship between the National Assembly and the Court of Auditors is less effective: the 2007 and subsequent audits have still not been debated and received parliamentary approval. Management of public finances 8. Expert appraisal In order to improve the management of public finances, the government initiated a of quality and process (PEMFAR) that, in 2009, led to the adoption of a priority action plan, the capacity in public implementation of which resulted in significant progress. In 2011, a Public Finance financial Management Reform Programme was developed with a view to improving budget management credibility, resource predictability, public finance management transparency and responsibility, as well as the quality of public expenditure. Over the last few years, efforts have notably focused on improving the monitoring system, tackling corruption and Evaluation of certain improving public procurement. However, public finance management in Niger remains public finance hampered by the low levels and variability of domestic revenue collection. Revenue management aspects at collection remains very low (the percentage of taxes to GDP stood at 13.3% in 2010, sector/thematic level, in below the community standard of 17%) and is unpredictable. Furthermore, there is a addition to the general discrepancy between expected and actual revenue, which has a negative impact on the evaluations available management of expenditure. A General Tax Code was adopted in June 2012, however (DPRF, etc.) progress to simplify tax and customs exemption measures, formalize and publish administrative procedures and improve the tax dispute resolution framework is slow. Tax registration improved in 2010 to 2011 when registration becoming mandatory for entities wishing to bid for public contracts or obtain import license. Programmes have been developed for tax audits, which are based on the findings of preliminary checks of taxpayers’ returns and/or cross-checks. A system of quarterly of budgetary regulation has been put in place. Data on both domestic and external debt is relatively complete and updated yearly. The number of bank accounts is high, meaning that the government’s liquid assets are spread between numerous accounts and consolidation of the monthly balance is complicated. The high number of procedures for non-recurring expenses reduces the scope for implementing expenditure using normal procedures, which in turn renders internal controls for non-salary expenditure less effective. Payroll controls are carried out by cross-checking information against the public administration’s files; however, the state is unable to conduct full payroll controls as some administrations have autonomous status and thus manage their payroll themselves. According to the 2012 PEFA, overall performance on accounting, the recording of information and financial reports is worse than in 2008. The systems that provide the central administration with information on the resources received by basic healthcare centers and schools are still poor, though annual expenditure reviews are carried out in these sectors. Reconciliation of bank accounts and the clearance of suspense accounts and advances take place annually but with considerable delays of over a year. Mid-term and end-of-year budget implementation reporting is still poor. Quarterly reports are unclear, incomplete and insufficiently reliable. The 2009 to 2011 finance settlement bills have not yet been submitted to the Court of Auditors. The 2010 and 2011 management accounts are still being finalized.

Partnership 9. Mutual The State-Development Partners Committee acts as an overall forum for dialogue and observance of agreed mutual government-donor accountability. At sub-sector levels, in the fields of gender, obligations civil society, decentralization and public financial management, cooperation frameworks are in place, but they have so far not evolved beyond the level of coordination so as to avoid duplication. The partnership situation is generally influenced by the low capacity of Evaluation of the the government to assume the lead in coordination and implementation. Donors have in partnership situation at recent years increased their use of project implementation units and their own parallel sector/thematic level. systems. Except election support and some minor projects there are few examples of

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joint finance agreements in the sector. 10. Consensus among all There is no budget support or common basket fund within the governance sector. budget support donors regarding approach (incl. rules for transfer and monitoring) and conditions for general budget support

Evaluation of all common finance agreements within the sector

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Annex 3 - Gender Equality Rolling Plan Basic information Programme title: Support to Stability, Democracy and Human Rights in Niger Sector: Good Governance Country: Niger Budget: (Danida’s contribution): DKK 50 million Starting date and duration: (2013/14-2016)

Phase in Besoins d’ information Indication des sources et lieux ou Résumé de l’information disponible Programme l’information requise peut être cycle and trouvée dans les documents (de documentation projet) pertinents

Identification Give an assessment of opportunities and Perspectives for improvement of human rights in Niger are uncertain and constraints to improve the situation of gender in particular women’s rights. Though the government seeks to promote equality in the sector in relation to: human rights (HR) via support to diverse institutions and the preparation of a coming human rights law, the process is slow and with a • respect the rights of women and men population where more than 80% are illiterate (the majority are women) it • Access to resources doesn’t seem as if the process will be pressed from the population. The challenges in terms of promoting the human rights agenda in Niger • Influence policy consist in the increasing influence of a more conservative Islam, which Based on the items listed below in the consider HR to be Western value-based and not funded in Nigerien analysis of gender equality culture. One way to improve human rights in Niger, is to work with Imams and preachers who can be important channels of information to Include the following information: the population. However, since many Imams also not are well educated, Donor harmonisation and alignment in the there may be a need for improvement in this perspective. area of gender. Increasing influence of conservative Islam also is an obstacle regarding Availability of sex-disaggregated data. access to resources in general and land in particular. In general, women are not owners of proprieties and/or land and recent law-changes, has Assessment of major gender issues at made it even more difficult for women to get access to land. national and sector level. High illiteracy rate and cultural norms are reasons for a low presence of Opportunities/constraints for addressing women in the political sphere and their influence is thus limited. This is valid on local as well as on national levels. To change this tendency, a first 14 these issues. step could be strengthening girls’ access to education but also initiatives for strengthening capacities of women (leadership training) should be Gender Studies to be promoted. However, the perspectives for such changes seem to be far used/up-dated/prepared including Country away since a recent attempt to promote a law seeking to ensure girls’ Gender Analysis (Gender Toolbox booklet education up to 16 years was rejected in the Parliament – apparently due 4), Sector Gender Analysis (Gender Toolbox to intense propaganda from the conservative Muslim community. booklet 5). Due to the increasing influence of conservative and more extreme Islam Proposed gender equality in Niger, it seems to be key to work more closely with Imams and objectives/outputs to be addressed by the so-called “moderate” Islamologists – get a more nuanced picture of what programme. the Koran says on different issues such as gender equality and thereby ensure, that new initiatives not necessarily are in contradiction with the Koran. 1. National level National level 1.i Niger acceded to most international conventions. However, the CEDAW was ratified in 1999 with reservations (Article 2, paragraphs (d) i. International and regional conventions Chapter 2: Context analysis and (f), Article 5, paragraph (a), Article 15, paragraph 4, Article 16, and commitments paragraph 1 (c), (e) and (g) Article 29 paragraph 1) thus weakening the commitment of the country to implement equity between men and women. The CEDAW optional protocol was ratified by Niger on March 18 2004. The protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa has not yet been adopted (ratification of the African Charter on Human and People’s Rights in 1986). The CEDAW committee, in its latest report, expressed concern over the situation of women, in Niger stressing among others: “The Committee is concerned with the prevalence of a patriarchal ideology with firmly entrenched stereotypes regarding the roles and responsibilities of women and men in the family and society. It is further concerned about the persistence of deep-rooted adverse cultural norms, customs and traditions, including forced and early marriage, female genital mutilation and repudiation, that discriminate against women, perpetuate violence against women and constitute serious obstacles to women's enjoyment of their human rights”. ii. Strategies, policies and national legislation; 1.ii Chapter 2: Context analysis 1.ii The legal texts in Niger are in favour of gender equity and equality : institutional set up and capacities The Constitution declares to ensure equality before the law « without distinction of race, sex, social, racial, ethnic or religious origin ». A law on quota regarding seats for women in decision-making bodies was

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adopted in June 2000. Revisions have been made to the Criminal Code in 2004, in particular regarding clauses prohibiting female genital mutilation and . Niger has elaborated a National Gender Policy in 2008 followed by an Action Plan. The action plan aims at putting into practice the principles inscribed in the Constitution regarding equality and the respect for human rights as well as to translate into reality the international engagements taken by the State with respect to reducing gender inequality. In 2009, the national Policy regarding the protection of children and girls in particular, was revised. Institutional set-up and capacity: Idem A Ministry for Population, the Advancement of Women and Child Protection (« Ministère de la Population, de la Promotion de la Femme et

de la protection de l’enfant ») exists and has representations at regional and departmental levels. Gender units have been created and are in place in 23 ministries and even if their responsibilities are rather clear, there seems to be some uncertainty concerning the resources available for their actual functioning. There are two gender advisors: one at the presidency and another at the Cabinet of the Prime Minister. These structures are still new but have started to produce promising results with respect to legal progress related to women’s rights. However, their expected impact is still to be realized. iii. Partners/non-governmental parties 1.iii Non-Governmental Actors: (idem) 1.iii NGOs and women’s associations are the principal actors advocating for gender in Niger, in particular the CONGAFEN and KASSAI (two networks of associations). There are both also members of other networks, including of the CODDHD, a network of associations working in the field of human rights. Despite the existence of these associations, the legal framework in favour of equity (such as the draft law regarding the protection of schooling of young girls) only progresses slowly because of the opposition by some Islamic associations. Those women’s associations and NGOs are very active in the fields of socioeconomic activities for women as well as in the protection of rights (such as gender based violence). Other associations and women’s groups are to be found around these two 16

main networks however some challenge the accomplishments in terms of gender, such as for instance some female Muslim associations which position themselves against certain principles or draft laws because they are seen as not being in conformity with the Koran. A rural civil society is expanding. It has first been engaged in improving the living conditions of women and their household, then their social and community status. Today, these women are interested in and taking actively part in local politics. The MMD network, for instance, containing more than 9000 groups in the entire country is becoming a social movement of rural women. 2. Sector level 2. Sector level 2.i While women are visible actors in civil society, and policies and strategies in the field of human rights and gender certainly give some i. Policies, legislation, institutional set up 2.i Politics, legislation and institutional strategic orientation regarding the inclusion of gender and human rights, and capacities set up. Source: Chapter 3 the latter are incomplete : The reservations given to the CEDAW have still not been removed and the Protocol to the African Charter is still not adopted.

In January 1993, a draft family bill was drafted. It was designed to improve the legal status of women. However, to date, the bill has still not been adopted because of resistance from Islamic associations. It was eventually rejected by the National Assembly.

During recent years, there has been a tendency to a biased application of texts in favour of custom (“coutume”) or Islam or men’s interest – such as the quota of women in decision making bodies, which has been limited to 10%. The same goes for the nominative quotas that have been blocked at 25%. 2.ii The monitoring and evaluation of projects and programmes has ii. Indicators/disaggregated data 2.ii Indicators (idem) started integrating gender in the ministries where the gender units are operational. However, the management of disaggregated data is still a challenge and needs to be addressed more thoroughly. 2.iii Women and Human Rights NGOs and associations have, together with national and international human rights organisations, boosted the dialogue on the respect for human rights in several sectors such as : iii. Partners/non-governmental parties 2.iii Partners/non-governmental parties - Environment; (idem) - Mining; - Gender - including GBV; - Economy – the expensive living conditions; - Judiciary - the non-respect of the Constitution 3. Evaluation of major challenges, 3. Chapter 3 + 4 3.i In the field of governance, there is a need for a real implementation 17

opportunities and constraints of human rights and gender equality and this at a national as well as at a decentralised level. However, this requires that all people in Niger are well informed on their rights and responsibilities and that a broad and nationwide sensitisation and information campaign on human rights is organised.

Identified challenges with respect to gender equality are among others: - Participation of women in elections and other political affairs - Women’s access to land – to rent, buy and inherit and to access certificate and land securing acts; - Sensitisation of certain schools of religious thought to make them aware of gender issues in connection with the Koran; - Traditional leadership (« chefferie traditionnelle ») which is in favour of gender issues but encounters cultural resistance; - Early marriage and related consequences for young girls; - Family bill (code de status personnel) as well as the law on ensuring schooling of young girls. Programme Present opportunities and constraints for Objectives to improve gender equality: improving gender equality in the given sector Committee based on the assessment made during identification/formulation. Indicate possible objectives to improve gender equality. Opportunities and constraints Preparatory Steps taken to fill knowledge gaps identified in the identification/formulation phase. Studies Formulation Inclusion of: 1. Objectives on gender equality 2. Strategies and modalities to reach objectives on gender equality 3. Gender equality indicators 4. Monitoring and evaluation systems sensitive to gender objectives Appraisal Assessment of steps taken to integrate gender equality, including objectives and indicators,

in the programme based on recommendations made in the program’s preparatory documents.

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Annual Reviews Assessment of the extent to which progress has been achieved in fulfilling the gender

objectives of the program.

Recommendations for changes needed to fulfil stated gender objectives where applicable.

Completion Report Evaluation

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Annex 4: Climate change and environmental screening note

Basic Information Programme title: Support to Stability, Democracy and Human Rights in Niger, 2013/14– 2018 Country/region: Niger Estimated allocation: 50 Million DKK Brief description of the Programme support: The programme provides support to Niger in the field of governance by supporting stability, democracy and human rights with a focus on the rights of women and youth. Dates (expected): Appraisal: August 2013. Danida external grant committee: October 2013

Screening of Country Climate Change Framework Assess the adequacy of policies and strategies to respond to climate change in the country and sector For OECD/DAC guidance document see [link]. If the issue is inadequately dealt with (indicated by a tick in the “no” box), please add comments and indicate further work to be undertaken (see also “next steps” section, below). Issue: Yes No Comments and further work to be done: 1. Are the processes and impacts of climate change In May 2012, Niger produced a understood and documented (e.g. in national national report for the Rio +20 communications to the UNFCCC)? conference 2. Is there a national climate change policy or strategy, In 1996, Niger created a National including estimates of the economic costs of Council for Sustainable adaptation? Development (Conseil National de l’Environnement pour un Développement Durable (CNEDD)). A national climate change strategy and action plan was adopted in March 2004 (Stratégie Nationale et du Plan d’Action en matière de Changements et Variabilité Climatiques (SN/PACVC)). This strategy is part of the National program for climate change (one of the six priority programs of the National Environment Plan for Sustainable Development (Plan National de l’Environnement pour un Développement Durable (PNEDD)). 3. Have nationally appropriate mitigation actions Niger signed and adopted the (NAMAs) been identified (e.g. targets for renewable Kyoto Protocol on 23rd October energy production)? 1998 and 17th March 2004 respectively. It is not mandatory for Niger to present a NAMA but

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this is currently under negotiation. 4. Has a national adaptation programme of action Since 2006, Niger has developed (NAPA) been approved identifying key sectors where and implemented a NAPA adaptation is required? 5. Are there effective and operational meteorological and The AGRHYMET Regional disaster preparedness organizations? Centre (ARC) was created in 1974. It is a specialized institute of the Permanent Interstate Committee for Drought Control in the Sahel (CILSS) composed of nine Member States. This is a public interstate institute with legal status and financial autonomy. It has an international status with headquarters in Niamey, Niger. It is supported by Danida. Created in 1987 by the economic minister commission for Africa and for the World Meteorological organization, The African Centre of the Applications of the Meteorology for the Development (ACMAD) is composed by 53 African countries. ACMAD has been established in Niamey since 1992. The objective is to contribute to a sustainable development of the different socio-economic sectors of Africa; weather – climate – environment must be seen as resources for a sustainable development. Summarize the overall assessment of climate change impacts and responses: As regards the adaptation: The National Action Plan for Adaptation (NAPA), developed by the National Council of the Environment for Sustainable Development (CNEDD), has been created to address the adverse effects of Climate Change (CC). Development of the NAPA forms part of the National Strategy and Plan of Action on Climate Change and Variability (SN / PACVC) implementation, prepared in April 2003 and adopted in March 2004. The Climate Change and Variability Program is one of six priority programs of the National Environment for Sustainable Development (PNEDD). The development and implementation of NAPA in Niger is also aligned to implementation of the Framework Convention on Climate Change (CCNUCC) that Niger signed and adopted on 11 June 1992 and 25 July 1995 respectively. NAPA states that the disruption caused by climate change and variability may be related to the biophysical processes and key sectors (agriculture, livestock, forestry, .).

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The Second National Communication on Climate Change Niger (2010) highlights the following points:  Simulations indicate that a forecast of increases in maximum temperatures show an average increase in 2020 - 2049 ranging from 2.3 °C to 2.6 °C. According to the scenario used, the forecast for precipitation shows a slight increase in the total rainfall in 2020 - 2049, along with a later but shorter rainy season.  The potential impacts are expected to be lower yields of the principal cereal crops (millet, sorghum and cowpea), thus threatening food security.  The vulnerability of Niger to climate change is exacerbated by many factors such as poverty, limited access to capital and technology, lack of infrastructure, degradation of the ecosystem, natural disasters and conflicts. Consideration of risks / opportunities in Niger’s Climate Change policies and programs is undertaken and monitored by the National Council of the Environment for Sustainable Development (CNEDD), which plays a central organizational and coordination role. On mitigation In recent years, Niger has introduced several operations to mitigate climate change, such as:  Among other things, the pilot project to improve agricultural resilience (Agricultural Resilience PANA) and the African Adaptation Program (PAA)  Since 2000, Niger has adopted a National Environmental Plan for Sustainable Development (PNEDD). This constitutes the National Sustainable Development Strategy (SNDD). However, assessment of actual implementation of the SNDD remains below the levels anticipated following Niger’s adoption of the post -Rio conventions  Niger develops an overall long-term strategy which systematically includes the country’s environmental issues. This is set out in the new development planning frameworks currently being finalized, namely the Strategy for Sustainable Development and Inclusive Growth (SDCCI), the Plan of Economic and Social Development (PDES) and 3N Initiative (Nigeriens Nourish Nigeriens). Screening of Country and Sector Environmental Framework Assess the adequacy of legislation, policies and procedures for environmental management and impact assessment in the country and sector. If an issue is inadequately dealt with (indicated by a tick in the “no” box), please add comments and indicate further work to be undertaken (see also “next steps” section, below). Issue: Yes No Comments and further work to be done: 1. Do national procedures and legislation for Strategic Creation of the BEEEI (Bureau Environmental Assessment (SEA) and d’Evaluation Environnementale Environmental Impact Assessment (EIA) exist et des Etudes d’impacts ) on 12th October, 2000.

2. Are there operational national environmental action plans or environment sector programmes? 3. Are there regularly updated state of the environment reports and environmental monitoring systems with indicators? 4. Is environmental management sufficiently integrated into the sector plans?

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5. Is there sufficient institutional and human capacity There is a lack of human for environmental management in the sector resources, both qualitatively and concerned? quantitatively, and especially at decentralized level. Summarize the overall impression of the Country and Sector Environmental Framework: The institutional framework is characterized by the existence of several structures that directly or indirectly deal with sustainable development issues. Among these are State institutions, civil society organizations (OSC) and the private sector. These are mainly:  National Environment Council for Sustainable Development (CNEDD). The CNEDD has an Executive Secretariat, the national focal point of the post Rio conventions. The Executive Secretariat of the CNEDD is the national body responsible for coordinating and monitoring activities related to these Conventions.  The Presidency of the Republic, including the High Commissioner Initiative 3N " Nigerians Nourish Nigerians" and the High Commission on the Development of Niger Valley (HCAVN).  The Prime Minister: especially the National Food Crisis and Disaster Prevention & Management Mechanism which has a permanent Secretariat and includes the Early Warning System (SAP), the Food Crisis Unit (CCA) and the Information Communications Unit.  The Ministry of Planning, Territorial Planning and Community Development (MP/AT/DC), the Ministry of Water Resources and Environment (MH/E), the Ministries in charge of Agriculture and Livestock.  A Network of Observatories for Long-Term Ecological Monitoring (ROSELT) has been set up with the purpose of planning and supervising ecological monitoring; a National Center for Ecological Monitoring has also recently been created.  In addition, environmental audits of institutions and industrial units continue (led by BEEEI), as does application of the framework law on environmental management and its subsequent texts, including those related to environmental impact assessments of projects and programs.  Niger has ratified several conventions and other international laws related to human development issues: the three Rio Conventions: 1) the Convention on Biological Diversity (CNUDB) 25th July 1995; 2) Framework Convention on Climate Change (CCNUCC) on 25th July 1995; 3) Framework Convention to Combat Desertification (CCD) 25th January, 1996.  Niger possesses the following texts: the Rural Code, the Water Code, Forest Code;  There is a range of national legal texts that contribute to the management of environmental issues in Niger; these texts include:  Act 98-56 of 29th December 1998: framework law on environmental management.  Order No. 97-001 of 10th January 1997: institutionalizing environmental impact assessments.  Act 2004-040 of 8th June 2004 on the forest regulations in Niger.  For wildlife and fisheries, there is law n° 98-007 of 29th April 1998 establishing the hunting and wildlife protection regulations, along with its implementing decree, and law n° 98-042 of 7th December 1998 on fishing regulations.  Order No. 93-16 of 2nd March 1993 on the mining law.  Texts on decentralization and local governance: as part of the decentralization process, several texts have been adopted which impact on the management of the environment and natural resources.

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Opportunities and risks of the programme related to Climate change and the environment Assess how climate change and environmental opportunities and risks will arise through the programme: Will the programme ... Oppor-tu Risk: None: nity: 1. ... have an impact on the pollution of soil, water or air as a result of emissions or discharges? 2. ... lead to changes in land and resource tenure and access rights, including the rights of indigenous peoples? 3. ... include activities within or adjacent to protected or environmentally sensitive areas? 4. ... result in livelihood changes (including resettlement) that can increase or reduce the pressure on available natural resources? 5. ... have direct or indirect impact on occupational health and safety? 6. ... have direct or indirect impact on environmental health?

7. ... have direct or indirect impact on climate change (e.g. through increasing or reducing emissions of greenhouse gases)? 8. ... have direct or indirect impact on the resilience of communities in the face of natural disasters? Summarize and explain climate change and environmental opportunities: Through its work with Parliament the programme may contribute to the strengthening of certain human rights including land tenure for the poor, which may have an environmental impact Summarize and explain climate change and environmental risks: It is not foreseen that there will be any climate change and environmental risks in the programme. Identify requirements for undertaking an Environmental Impact Assessment (EIA). Categories are: [ A ] Full EIA required; [ B ] Partial EIA required; [ C ] No EIA required1.

Component Name: Category A, B or C: 1: Gender equality and Women’s Empowerment: C 2: Promoting Democratic Values: C 3: Strengthening Democratic Accountability: C Will national regulations and procedures for EIA be applicable to activities of the programme that have potential environmental impacts? – Yes - No

When will the EIA be undertaken?: N.a t Steps – process action plan Need for further work during the preparation, appraisal and implementation of the programme arising

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from the climate change and environment screening:

Suggested activity: Action Comments and elaboration: needed 1. Assessment of Environmental Management in sector development plan. 2. Assessment of capacity for Environmental Management in the sector. 3. Prepare ToR for and conduct Country Analytical Work. 4. Prepare ToR for and conduct SEA(s) of sector policies or plans. 5. Prepare ToR for and conduct EIA(s) for programme . support activities. 6. Initiate donor harmonisation in the sector on environmental assessment and management. 7. Other...?

Signature of Screening Note Niamey May 2013 ………………………………………………………. Winnie Estrup Petersen Danish Representation in Niamey Annex 5- HRBA Screening Note

HRBA SCREENING NOTE

Purpose: The HRBA Screening Note complements the HRBA Guidance Note. The purpose of the note is to facilitate and strengthen the application of the human rights based approach to development in policy dialogue and programming related to Danish development cooperation. It can be used as an inspiration checklist by all staff.

The preparation of the HRBA screening note is mandatory for all Danish programme support. Preferable, the HRBA screening note should be developed in collaboration with the partner country and relevant donors. The HRBA screening note will be updated through the programme cycle (preparation, formulation and appraisal) accounting for the integration of the HRBA in key documents pertaining to these phases. This means that the ‘Analysis’ section must be prepared for Concept Note submission while the questions in the ‘Policy Dialogue’, ‘Formulation’ and ‘Results/Indicators’ sections can be filled tentatively at this point. These sections must then be updated or elaborated on for the appraisal and submission to Financing Decision.

In order to minimize duplication of work, please highlight key pages or sections in the relevant document(s) below, indicating where HRBA is reflected. This may information on results, actions or expectations related to the identified duty-bearers/right-holders.

Basic info

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Title Support to Stability, Democracy and Human rights in Niger

Country/ region Niger / West Africa

Budget in DKK m 50

Starting date and 12/2013 – 3 years duration

Yes Relevant Analysis Issue/ Question If not applicable, please explain why No sections(s) Human Rights Are key international ☒ ☐ Standards human rights standards in focus area reflected? Where relevant, is ☒ ☐ Context analysis The context analysis specifies the application at national and scope for gaps at the national level: In Niger a level, including major intervention legal framework and institutions gaps between human exist, they are however weak and rights in principle vs. laws are not applied. Impunity is human rights in practice, prevalent. A high illiteracy rate evaluated and identified? (70%) and limited access to information, means that the population is not aware of their rights and duties. Women and children are marginalised groups with very few rights. Are key ☒ ☐ Context analysis Several UPR key recommendations recommendations from and scope for are addressed in the proposed UPR for the thematic intervention. programme: The component one intervention areas and Component one addresses recommendation made on from any treaty bodies, in particular Lifting reservations made to the special procedures, CEDAW, sensitisation and INGOs, NHRIs etc. that information to reduce gender based require follow up at violence and early marriages; the national level considered? right to sexual and reproductive health; ensuring that women in particular in rural areas can participate in political decisions; ensuring freedom of religion, and improved access to information;

Are rights-holders ☒ ☐ Rights-holders are identified and identified? though the programme addresses all - “- Nigeriens, focus is on women, children and youth.

..and duty-bearers? ☒ ☐ Context analysis A number of duty-bearers are and scope for identified and will be addressed: The intervention. Presidency, Parliament, Ministry of Component Interior, Ministry of Population, three in Promotion of Women and Child particular Protection.

Principles

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Non-discrimination Are any groups -among ☒ ☐ Context Women and children are the most rights holders that are analysis and marginalised groups in Niger and excluded from access and scope for will be a focus of the programme. influence in the focus intervention area identified? Access to statistics in Niger is generally very limited and thus also Are disaggregated data on women and children. available on most vulnerable groups?

Participation and Are barriers for ☒ ☐ Context The analysis demonstrates that Inclusion participation, inclusion analysis and particularly the rural population – and empowerment of scope for and more specifically women - are rights holders identified? intervention. limited in their participation in the democratic space due to illiteracy and insufficient access to information.

Transparency Is the extent to which ☒ ☐ - “- An overall assessment has been information is accessible made concluding that access to to rights holders information in Niger in general is including marginalised limited (apart from major urban groups assessed? Where centres). Access to information in relevant, whether rural areas is sparse and asymmetric. information is available in Rural/community radios exist and other than official broadcast information in local languages of the country languages. The problem in Niger is, in question should be that use of media is payable and indicated. access to media is thus dependent on availability of resources.

Are steps taken by ☒ ☐ - “- An depth-analysis of steps taken by duty-bearers to make duty-bearers has not been carried information available to out, however the issue is assessed rights holders assessed? and a general mapping of the initiatives has been done. In general. Duty bearers have little capacity to inform.

Accountability Are key accountability ☒ ☐ - “- mechanisms in the relevant area – both horizontal and vertical listed?

Are obstacles, e.g. ☒ ☐ - “- The challenge to make capacity and rights-holders taking actively part in political-economy the implementation of the PDES or incentives that other development planning duty-bearers and rights initiatives is great, as is the very low holders face to exercise education level and the fact that their obligations and some 70% of the population is rights listed? illiterate.

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Policy dialogue Issue/ Question Response/ Comment Objective State objective of policy dialogue, incl. Strengthen the promotion and protection of human reference to specific human rights standards rights, gender equality and women´s rights, the and principles, recommendations from rights of the child, religious freedom, freedom of UPR etc. expression and access to information.

Dialogue partner(s) Define key dialogue partners (duty-bearers) Ministry of family, women and children to be addressed Presidency

Ministry of the interior, including religious affairs

National Assembly

Alliance partner(s) Define key alliance partners EU (including member states)

Dilemmas/ risks State major dilemmas/ risks associated with Human Rights, in particular gender and women’s the policy dialogue and proposed mitigation rights are regarded a western agenda. measures (incl. reference to Framework for Risk Assessment) Working on the issue of religious radicalisation with regard to the above can strengthen this preconception.

Issue/ Question Response/ Comment Formulation Outcome Where relevant, explain which international The context analysis shows that the following could human rights standards and/ or mechanism be strengthened through the programme or that have influenced choice and formulation of their violation could be prevented outcome areas. Explain how. ICCPR: art. 18, 19, 20, 23, 24, 25, 26, 27

ICESCR: art. 10

CEDAW: art 2, 3, 5, 7, 8, 10, 11, 13, 14, 15, 16

CRC: art. 2, 4, 7, 11, 12, 13, 14, 15, 17, 18, 19, 27, 28

Principles (to be filled out where relevant and appropriate) Non-discrimination List any key support elements included to Gender and women’s rights are a key aspect of the promote non-discrimination programme

Youth’s access to participation, opportunities and livelihoods is an important concern

Religious tolerance is an aspect taken into consideration

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Participation and List any key support elements included to Programme implementation: Beneficiaries will be Inclusion promote participation and inclusion consulted and included in the design of the activities carried out.

Activities will seek to reach beneficiaries at the base and take factors such as daily activities schedule, gender specific roles and rules into consideration to seek the widest possible participation.

Programme objective: aims at promoting participation, inclusion and citizenship.

Transparency List any key support elements included to Conducting activities in local languages, explaining promote transparency purpose and process

Producing user friendly material

Programme objective aims at promoting transparency of state institutions vis à vis citizen.

Accountability List any key support elements included to Programme objective: aims to strengthen promote accountability accountability, both vertical (sensitization of state institutions) and horizontal: citizen involvement in governance and promotion/protection of human rights.

Results/ Issue/ Question Indicator(s) no. Xx Page number(s) Indicators Outcome List any indicators designed to monitor the realisation of specific human rights

Principles List any indicators designed to monitor the integration of the four principles

Capacity List any key indicators chosen to track development goals capacity of key partners (both rights holders and duty-bearers)

Signature

Niamey May 2013

Winnie Estrup Petersen

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