REPUBLIC of NIGER Fraternity-Work-Progress

REPUBLIC OF NIGER Fraternity-Work-Progress

COMBINED PERIODIC REPORT OF THE REPUBLIC OF NIGER 2003-2014

ON THE IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

July 2014

TABLE OF CONTENTS Page Introduction 1 Answers to the Concluding Observations of the Commission on the initial report of the Republic of Niger 02 Part one: General information on the legal and institutional framework 06 Chapter 1: Legal Framework 06 A. International human rights instruments ratified by Niger from 2003 to 2014------06 B. Major national human rights legislation adopted by Niger during the period under review------07 1) Constitutional and legislative measures-- 07 2) Regulatory Measures 08 Chapter 2: Institutional Measures 09 A) The three branches of Government 10 1) Executive Branch 10 2) Legislative Branch 10 3) Judicial Branch 10 B) Other institutions and committees 10 Part Two: Assessment of progress made since the implementation of the Charter in 2003 12 Chapter 1: Civil and Political Rights 12 A) The right to life and physical integrity 12 B) Prohibition of slavery, torture and other punishments or cruel inhuman or degrading treatment 14 1) Prohibition of slavery 14 2) Prohibition of torture, cruel, inhuman or degrading treatment 16 C) Prohibition of arrest or arbitrary detention 17 D) Equality before the law 18 E) Right to a fair trial 18 F) Freedom of association 18 G) Freedom of worship and religion 20 H) Freedom of assembly and demonstration 20 I) Freedom of expression 21 J) Freedom of movement and security 23 1) Freedom of movement 23 2) Right to security 24 Chapter 2: Economic, social and cultural rights 26 ii

A) Property Rights 27 1) Legislation 27 2) Procedures for expropriation in the public interest 27 B) Right to work 28 C) Right to health 36 D) Right to education 46 E) Right to culture 51 F) Right to housing 53 G) Right to social security 55 H) Right to food 56 I) Right to water and sanitation 61 J) Family’s right to protection 67 Chapter 3: Specific Rights 69 A) Rights of women 69 B) Rights of the child 73 C) Rights of people with disabilities 74 D) Rights of older persons 75 Chapter 4: Peoples’ Rights and Duties under the Charter 75 A) Peoples’ rights 75 1) Peoples’ right to equality 75 2) Peoples’ right to self-determination 75 3) Peoples’ right to freely dispose of their wealth 76 4) Peoples’ right to economic, social and cultural development 76 5) Peoples’ right to international peace and security 76 6) Peoples’ right to a healthy environment 78 B) States’ duties under the Charter 79 1) Specific duties of State Parties under Article 25 of the Charter 79 2) The duty to guarantee the independence of the courts 80 Chapter 5: Efforts made in the area of the right to human rights education 81 Chapter 6: Challenges faced in implementing the Charter with regard to the political, economic and social conditions 82 Chapter 7: Niger’s compliance with the Charter in conducting its international relations 83 Conclusion 84

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ABBREVIATIONS AND ACRONYMS

ANAJJ : National Agency for Legal and Judicial Assistance ANLTP : National Anti-Human Trafficking Agency AREN : Association for the Revitalization of Cattle-Rearing in Niger AGR : Income -Generating Activity ASCN : Conscripts for National Civic Service AQIM : Al Qaeda in the Islamic Maghreb ANDDH : Nigerien Human Rights Defence Association ARMF : Increase in Women’s Monetary Income ACHPR : African Charter on Human and Peoples’ Rights ECOWAS : Economic Community of West African States UNFCCC : United Nations Framework Convention on Climate Change CISLS /IST : Inter-Sectoral Anti-AIDS and Sexually Transmissible Infections Coordination CNCLTP : National Anti-Human Trafficking Coordination Committee CODDHD : Collective of Human Rights Defence and Democracy Organizations C.U : Urban Community CDE : Convention on the Rights of the Child CDS : Democratic and Social Convention CEDAW : Convention on the Elimination of All Forms of Discrimination against Women CEG : College of General Education CENI : Independent National Electoral Commission CERD : International Convention on the Elimination of All Forms of Racial Discrimination CESOC : Economic, Social and Cultural Council CFA : African Financial Community CICR : International Committee of the Red Cross CISLS : Inter-sectoral Anti-AIDS Coordination CNCCAI : National Commission for the Control and Collection of Illicit Arms CNCR : National Rural Code Committee CNDH : National Human Rights Commission CNDHL/F : National Human Rights and Fundamental Freedoms Committee

CNE : National Commission for Eligibility to the Status of Refugees CPN : Antenatal Consultations CNSDPE : National Committee for Survival, Development and Child Protection CNSS : National Social Security Fund CP : Penal Code CPP : Criminal Procedure Code CRG : Internal Appeals Committee CS : Supreme Court CSC : High Council on Communication CSI : Integrated Health Centre DNPGCA : National Mechanism for the Prevention and Management of Food Crises CUN : Niamey Urban Community DPG : General Policy Declaration DTW : Diphtheria, Tetanus, Whooping Cough DUDH : Universal Declaration of Human Rights FDS : Defence and Security Forces FNIS : National Security Intervention Forces HALCIA : High Anti-Corruption and Related Offences Authority HACP : High Peace Consolidation Authority HCME : High Commission for Modernization of the State HDI : Human Development Index INS : National Statistical Institute IPF : Women’s Participation Index STIs : Sexually Transmissible Infections LOSEN : Niger Education System Policy MEP/A/PLN/EC : Ministry of Primary Education, Literacy, Promotion of National Languages and Civic Education FGM : Female Genital Mutilation MJ : Ministry of Justice MNJ : Niger Justice Movement NTIC : Information and Communication Technology OCHA : United Nations Office for the Coordination of Humanitarian Affairs OHCHR : Office of the High Commissioner for Human Rights IOM : International Organisation for Migration v

ILO : International Labour Organisation ONC : National Communication Observatory ONDH/LF : National Human Rights and Fundamental Freedoms Observatory ONEF : National Employment and Vocational Training Observatory NGO : Non-Governmental Organization ONIMED : Nigerien Independent Media Observatory for Professional Code of Ethics and Standards MDGs : Millennium Development Goals WHO : World Health Organization OPJ : Judicial Police Officer OSC : Civil Society Organizations PAJED : Justice and the Rule of Law Assistance Project PARJ : Judicial Reforms Support Programme PCIME : Integrated Management of Childhood Diseases PDES : Economic and Social Development Plan PDDE : Ten-year Education Development Programme PDS : Healthcare Development Plan EPI : Extended Programme on Immunisation ICCPR : International Covenant on Civil and Political Rights PIJD : Young Graduates Integration Programme FP : Financial Partners PNG : National Gender Policy PN-AEPA : National Water Supply and Sanitation Programme UNDP : United Nations Development Programme PREG : Gender Equity Consolidation Programme PV : Minutes RGP/H : General Population and Housing Census SAFEM : Institutionalisation of the Crafts Fair for Women SEN : Niger Water Corporation SMIG : Minimum Wage SRP : Poverty Reduction Strategy SONNE : Essential Obstetrical and Neonatal Care SONU : Obstetrical and Neonatal Emergency Care ToRs : Terms of Reference

UNICEF : United Nations Children’s Fund UNDAF : United Nations Development Assistance Framework HIV : Human Immuno-deficiency Virus

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INTRODUCTION 1. This report is submitted in accordance with Article 62 of the African Charter on Human and Peoples’ Rights, which was ratified by Niger on 15 July 1986. It will be recalled that the initial report, making up for the reports due for the period from 1990 to 2002, was presented at the 35th Ordinary Session of the African Commission on Human and Peoples’ Rights, held in Banjul (The Gambia) from 21 May to 4 June 2004.The 8th, 9th, 10th, 11th, 12th and 13th periodic reports should have been presented in 2004, 2006, 2008, 2010, 2012 and 2014 respectively. But the economic difficulties and the political upheavals that rocked the country during the past decade, coupled with the lack of a structure specially tasked with preparing reports for submission to treaty bodies have all made it impossible for Niger to honour this commitment. 2. In order to ensure compliance with regional and international obligations, Niger established an Interdepartmental Committee on 17 March 2010, for the drafting of initial and periodic reports for onward transmission to treaty organs and the Universal Periodic Review. These activities are coordinated by the Ministry of Justice. This report was prepared and compiled by the said Committee, and submitted for the contribution of other stakeholders before its adoption by the Government. 3. It should be emphasized that though Niger has not been presenting its reports regularly to the Commission since it deposited its last report, the Government has initiated measures to guarantee the promotion and protection of human rights as established under the African Charter and other international instruments ratified by the country. 4. The production of this combined report extending from 2003-2014, is a demonstration of the Government’s determination to comply with its obligations under the Charter by submitting its reports to the African Commission on Human and Peoples’ Rights in order to catch up in this area. 5. This report was drafted in accordance with the “General Directives developed for National Periodic Reports under the African Charter adopted in 1989” and the “Guidelines on Reporting by State Parties on Economic, Social and Cultural Rights of African Charter on Human and Peoples Rights (ACHPR)”. It presents legislative and administrative measures and new policies adopted since the submission of Niger’s its initial report. It provides an account of the progress made on human rights during the period under review by indicating to what extent the political and administrative authorities have given effect to fundamental rights and freedoms enshrined in the African Charter on Human and Peoples’ Rights. It also addresses the observations and recommendations made by the Commission to the government following the presentation of the initial report. 6. The reporting methodology focused basically on data collection and information from State institutions, some international bodies and Civil Society Organizations (CSO) by members of the Interdepartmental Committee tasked with preparing the reports for treaty bodies and the Universal Periodic Review. The National Human Rights Commission (NHRC), trade unions and civil society organizations were first of all consulted during the drafting phase. Thereafter, they participated in a workshop to validate the report on 1st and 2nd July 2014 in Niamey. 7. This report is structured around two parts. The first part contains general information on developments in the legal and institutional framework relating to human rights protection since the last report. The second part assesses progress made in the implementation of the Charter since 2003 and it covers civil and political rights, economic, social and cultural rights, specific rights, peoples’ rights and duties as stipulated in the Charter. 8. But before developing these two parts, it is necessary to provide answers to the observations and recommendations made to Niger by the African Commission of Human and Peoples’ Rights following the presentation of its last report.

ANSWERS TO THE CONCLUDING OBSERVATIONS OF THE COMMISSION ON THE INITIAL REPORT OF THE REPUBLIC OF NIGER

9. Measures taken by Niger to incorporate the observations and implement the key recommendations made after submitting its initial report can be summarized as follows: -The prison system’s infrastructure is ill-adapted. The implementation of reforms to strengthen the system and provide a human face to the prisons should be accelerated. 10. In an attempt to improve the detention conditions and deal with some inadequacies observed in the prison’s administration, Niger specifically established a Directorate General of Prison’s Administration, Security and Reintegration to ensure respect for the rights of detainees as set out in the relevant legislation. 11. For the past ten years, the Government has also taken several measures to strengthen the prison’s system and humanization of prisons. These include among others, the rehabilitation of infrastructure to improve the living conditions of inmates, the provision of maintenance equipment, beddings and clothing to the prisons, the renovation of toilet facilities from 1997 to 2012 by the International Committee of the Red Cross (ICRC), the training of the heads of custodial institutions in the area of hygiene and sanitation within their prison facilities by the ICRC since 2008, the training of prison staff (the Chief custody officer, the guard, the nurse and the clerk) in human rights by Penal Reform International from 2004 to 2008, under the Justice and the Rule of Law Assistance Project (PAJED) from 2009 to 2010 and also by the UNDP from 2011 to 2012. These different training sessions made it possible to sensitise the prisons’ staff on the detainees’ rights so as to inculcate into the staff a change of behaviour towards the detainees. 12. It should also be noted that to ensure respect for the rights of the inmates, a Department was established in August 2011 for the Controller General of Penitentiary Institutions. This department was turned into a General Inspectorate of Custodial Institutions on 4 December 2013 and placed under the direct authority of the Minister of Justice. The mission of this Inspectorate division is to control the state, the structure and operations of the penitentiary institutions as well as the rational use of their budgetary allocations and any other facilities made available to these institutions by the Government or partners. The division is tasked with supervising the conditions in which people deprived of their liberty are held and their transfer, the custodial institutions or health centres in which detainees are hospitalized, in order to ensure that their fundamental rights are protected; and visiting these prison facilities at any time. 13. The Government and its partners have, in recent years, made appreciable efforts to provide every detention centre with separate sections for minors and women. With regard to the quarters for minors, four new detention centres are under construction, one being a reference facility and another, an infirmary. Similarly, a large-scale programme is underway to upgrade dilapidated prison facilities. 14. Still in the area of achievements, it should be noted that since 2006, a partnership has been established between the Ministry of Justice, the UNDP, the Niger Human Rights Defence Association and the European Union (in 2012) to post thirty (30) United Nations Volunteers (UNV) with legal background, to the prison facilities. By June 2014, thirty (30) UN Volunteer Lawyers had been posted to the twenty-three (23) prisons in the country. This intervention by the UNV made it possible to significantly improve the situation of detainees regarding the knowledge about their rights and duties, monitoring of their case files, completion of formalities in the courts, in particular, concerning their requests for bail and addressing file processing deadlines, among others. The organization of sensitization sessions within the prison facilities by the UNV made it possible to restore calm. 15. The increase in visits to the prisons by State institutions, NGOs and Human Rights Defence Associations brought about a change of behaviour on the part of the prisons’ staff towards the inmates. 2

-Judicial and Legal Assistance is a major concern in Niger. 16. Access to justice is a major concern for the Government of Niger which is working towards the deepening of democracy and the rule of law. In fact, to make justice accessible to all, the Government has adopted a lot of measures. They include, among others, the use of itinerant defence lawyers to address the issue of lack of lawyers and their high concentration in the capital city, the establishment of a public administrative body called the « National Legal and Judicial Assistance Agency» (ANAJJ). The task of ANAJJ is to manage the legal and judicial assistance mechanism and to make this available to certain categories of vulnerable persons as well as individuals without the necessary resources to pay the legal costs involved in lawsuits. 17. Furthermore, the government, by Order n° 0056/MJ/GS/PPG of 2 August, 2011, established the Information/Claims/Anti-Corruption and Influence Peddling Office (BIR/LCTI) for the provision of the necessary information to make defendants understand the judicial system. The BIR/LCTI informs the citizens about the costs of service delivery, the fees for different services, the timelines and the various forms of remedies available. It is important to point out that this Office has a telephone help line which was officially launched on 13 August 2011 to receive complaints and denunciations by citizens of happenings in the judicial sector. The actions of the BIR/LCTI and the green line are within the framework of moralizing justice and the promotion of the right to a fair trial. From August 2011 to July 2014, the BIR/LCTI received and handled five hundred and forty-five (545) complaints and denunciations by citizens. The analysis of Article 7 of the ACHPR will provide more details on efforts made by the government on legal and judicial assistance in Niger. -Continuing with actions to fight against the AIDS pandemic 18. The fight against HIV/AIDS is a concern for the government which established a National Anti-AIDS Council and put into effect a mechanism to galvanize the activities. Apart from the Inter-ministerial Coordination Committee against STIs /HIV/AIDS (CISLC), there is a Health Sector Unit at the Ministry of Health that deals with STI/HIV/AIDS issues. All these structures develop strategies to urgently provide the necessary response to the pandemic. The response to this scourge can be seen through the establishment of short and medium term plans and considerable progress has been achieved in the area of access to preventive care, treatment and healthcare programmes. Several actions were taken through awareness creation among the population, more specifically focused on the target groups. The awareness on the part of the population played a determining role in reducing the prevalence rate in Niger. According to reports of the national survey on the HIV prevalence rate from 2006-2012 published by the CISLS and the NGO CARE, the prevalence rate dropped from 1.7% in 2006 to 0.7% in 2012 in the Diffa region, the most seriously affected by the HIV pandemic. This rate was 1.6% in 2006 in the Agadez region, the second most affected region as against 0.5% in 2012. The total HIV prevalence rate among the population in Niger was 0.4% in 2012. - Continuing with efforts towards the effective implementation of the ACHPR, particularly by ensuring the mainstreaming of the gender dimension into all programmes, structures and related activities. 19. After the adoption of the National Policy for the Advancement of Women in 1996, Niger adopted a National Gender Policy (NGP) and its ten-year Action Plan (2009-2018) on gender mainstreaming. The National Social Development Policy, one of the sectoral strategies for the advancement of women also contributes to the effective promotion of women’s rights. Moreover, it has been noted that the institutionalization of the gender approach has led to the establishments of units in the various Ministries for an effective inclusion of gender in their activities. These different achievements will be developed in the analysis of Article 18 of the ACHPR. -Taking appropriate measures towards the ratification of the Protocol on the Rights of Women in Africa

20. Niger has not yet ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). The Protocol was signed and two attempts were made towards its ratification, first in 2006, then in 2007 when the government presented it to the National Assembly. In spite of the opposition to it by the National Assembly, mainly due to social and religious constraints, the Ministry of the Population, Women’s Advancement and Child Protection and Civil Society Organizations (CSO) working in this thematic domain, are making efforts to get the above Protocol ratified. -Ensuring the adoption, promulgation and the effective implementation of the Draft Code of the Family. 21. The adoption of the Code of the Family was beset with a host of social and religious- related problems. But in 2009, with the inception of the Gender Equity Consolidation Programme (PREG), a new Code dubbed the Code on Personal Status was launched by an Ethics Committee under the auspices of the Ministry of Population, Women’s Advancement and Child Protection. Forums were organized in all the regions of the country by members of the Ethics Committee to enrich the Draft Personal Status Code. A Workshop was then organized to validate the document and debates on its adoption are currently ongoing. - Ensure that a quota system is established for the benefit of women to enable them to take part in the management of public affairs. 22. Conscious of the gender inequalities to which women are victims in Niger, the Government took several measures for the enforcement of and compliance with Law No. 2000-008 of 7 June 2000 instituting a quota system for any one of the sexes in elective positions (10%), in the Administration of the State and in Government (25%). They include, among others, the obligation of political parties to comply with the provisions of the said law before any validation of their electoral lists by the competent authorities, the creation in 2011 of a Directorate for the Development of Female Leadership at the Ministry for the Advancement of Women. It must be noted that a draft law intended to review these different quotas has just been adopted by the Government in respect of quotas of between 15 and 30% for elective positions and appointed positions respectively. This text has been submitted to the National Assembly for adoption. 23. All these measures which will be developed in the analyses of specific political rights of women have made it possible to significantly improve the representation of women in decision-making bodies. - Continuing with efforts towards the implementation of poverty alleviation programmes. 24. The government has initiated and implemented several policies and strategies intended to address poverty concerns. They include, among others: - The Development Strategy for Poverty Alleviation was adopted in 2003. Its objective is to improve the living conditions of Nigeriens; -The Economic and Social Development Plan (PDES) for 2012-2015 is mainly intended to accelerate growth and significantly improve the living conditions of the population. The PDES falls within the general objective of promoting the economic, social and cultural wellbeing of the population. It is structured around five complementary strategic axes, namely, the consolidation of the credibility of public institutions, the establishment of sustainable conditions for balanced and inclusive development, food security and sustainable agricultural development, the promotion of competitive and diversified economy for accelerated and inclusive growth and the promotion of social development. 25. The annual monitoring report of the implementation of the PDES which covers 2012 and the first half of 2013 identified a huge mobilisation of human and financial resources in several sectors for the implementation of the various programmes under the Priority Action Plans of the PDES. The analysis of the economic situation showed a real gross domestic product (GDP) growth rate of 10.8% in 2012, which is far above the projected rate of 8% in the baseline scenario of the PDES as against a growth rate of 2.3% in 2011. Similarly, the 4

2012 report showed that at the sectoral level, significant achievements had been observed in the different sectors where interventions took place. Specifically, positive developments were recorded in the indicators from the following sectors: justice, decentralization, the 3N Initiative (les Nigériens Nourissent les Nigériens) or Nigeriens Feed Nigeriens, education, water, civil service and economic infrastructure. 26. In spite of the efforts made, some challenges still persist in the implementation of the PDES and the government is taking steps to provide speedy answers. - Encourage dialogue between the public human rights institutions and the Non- Governmental Organizations (NGOs) working in this thematic area through a greater involvement of the latter in the processes; - Greater involvement of the latter in the implementation process of regional instruments to which Niger is a party, in particular the African Charter on Human and Peoples’ Rights. 27. Generally, the government has good partnership relations with civil society organizations in all areas of intervention. With regard to NGOs working specifically in the area of human rights, they are involved in several human rights promotion and protection activities carried out by the Ministry of Justice through the Directorate General of Human Rights. In fact, as part of the annual working plan of the project dubbed “Access to Justice and Human Rights” linking the government of Niger to the UNDP, this Directorate undertakes a lot of activities with organizations and associations engaged in promoting and defending human rights (training, awareness creation and popularisation of legal instruments). 28. The monitoring and management of relations between the Ministry of Justice and civil society, NGOs and all national, regional or international human rights organizations are part of the mandate of the Directorate of Human Rights as set out by Order No. 00017/MJ/GS/PPG of 1st March 2012. 29. The Government has made participatory approach its preferred option in the preparation of its reports to treaty bodies. This approach was adopted for the preparation and presentation of the Universal Periodic Review and the Niger case, cited as an example, was put in the database of good practices by the Office of the High Commissioner for Human Rights,. 30. With specific reference to the African Charter on Human and Peoples’ Rights, NGOs were involved in the implementation process just as in the case of other human rights legal instruments. Moreover, they were consulted during the drafting phase and participated actively in the validation workshop which brought together representatives of major federations of human rights associations such as the NGOs Coordination and Nigerien Women’s Associations (CONGAFEN) and the Collective of Organizations for the Defence of Human Rights and Democracy (CODDHD).

-Establishment of programmes adapted to the education of nomadic populations 31. To provide education for the children of nomads, the government initiated a strategy in 2004 for the enrolment of children of the nomadic population dubbed “Alternative Rural Schools” (ERA) which is based essentially on multi-progression of classes at the basic education level 1. Furthermore, an international forum on nomadic education was organized in 2013. The recommendations of the Forum were reviewed in particular by the Ministries of Education and the Executive Secretariat of the Development and Security Strategy in the Sahel (SDS).

32. The objective of this strategy is to provide a full primary education cycle in order to improve access to educational services for children of nomads in the rural communities and scattered settlements. The ERAs are integrated schools which are linked to the needs of the community and to the provision of education, the purpose of which is to strengthen the quality of education in the rural communities. They develop the interrelationships between the pupils, 5 parents, teachers and the community. To enable the teachers of these schools to handle their teaching/learning activities, the Ministry of Education designed teaching materials suitable for the schools called “Self-Tuition Units” (UA). The programmes pursued by the ERA pupils are the same as those of the traditional classes. 33. The experimental phase of the ERAs took off in 2006-2007 in twenty (20) schools in the Departments of Filingué and Ouallam. The positive results emerging from the evaluation, made it possible for the Ministry of Education to initiate, at the start of the 2007-2008 academic year, a first phase of extension of this type of schools in the Departments of Filingué, Ouallam, Abalak, Tchintabaraden, Tchirozérine and Arlit. This brought the number of such schools to seventy-five (75). 34. After this initial phase of extension, the Directorate of Curriculum and Educational Reform (DCRE) undertook a second phase of extension which involved one hundred (100) new schools. Today, the ERA innovation involves one hundred and seventy-five (175) schools established in sixteen (16) primary school inspectorates across six regions, namely: Agadez, Diffa, Maradi, Tahoua, Tillabéry and Zinder.

PART ONE: GENERAL INFORMATION ON THE LEGAL AND INSTITUTIONAL FRAMEWORK

CHAPTER 1: THE LEGAL FRAMEWORK

A) INTERNATIONAL HUMAN RIGHTS INSTRUMENTS RATIFIED BY NIGER FROM 2003 TO 2014 - The Optional Protocol to the Convention on the Rights of the Child, on the sale of children, child prostitution and child pornography; which was ratified on 17 November, 2003; - The International Convention against the Taking of Hostages, adopted in December 1979. It was ratified on 17 December 2003; - The Additional Protocol to the United Nations Convention against Transnational Organized Crime, to Prevent, Suppress and Punish Trafficking of Persons, in particular, Women and Children, adopted in November 2000. It was ratified on 29 July 2004; - The Optional Protocol to the CEDAW, ratified on 30 September 2004; - The Optional Protocol to the Convention on the Rights of the Child, on the Involvement of the Child in Armed Conflicts, adopted in June 2000. It was ratified on 13 March 2012; - The International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families , ratified by Niger on 27 January 2009; - The Convention on the Rights of Persons with Disabilities and its Optional Protocol. Niger ratified these two (2) texts on 24 June 2008; - The Protocol against Illicit Trafficking of Migrants by Land…by Air and by Sea, Additional to the United Nations Convention on Transnational Organized Crime. It was ratified on 24 December, 2008; - The Declaration on the Rights of Individuals who are not Nationals of the Country in which They Live, adopted in December 1985. It was ratified on 27 January, 2009.

B) MAIN DOMESTIC LEGISLATION ON HUMAN RIGHTS ADOPTED BY NIGER DURING THE PERIOD UNDER REVIEW

1) Constitutional and Legislative Measures -The Constitution of 25 November 2010; -Law No. 2004-50 of 22 July, 2004 on the organisation and competence of authorities in the Republic of Niger and its subsequent amending legislation; -Law No. 2006-12 of 15 May 2006 on the Control of Tobacco Use; -Law No. 2006-16 of 21 June 2006 on Reproductive Health in Niger; -Act 2006-26 of 9 August 2006 on the amendment of Ordinance No. 93-16 of 2 March 1993 on the Mining Act supplemented by Ordinance No. 99-48 of 5 November 1999; -Law No. 2007-08 of 30 April, 2007 on the Prevention, Care and Control of the Human Immuno-Deficiency Virus (HIV); -Law No. 2007-026 of 23 July 2007 on the general status of the Government Civil Service; -Law No. 2007-24 of 3 July 2007 on the amendment of Law No. 98-12 of 1st June 1998 establishing the orientation of the Nigerien education system; -Law No. 2008-10 of 30 April 2008 on the general mutual health insurance scheme in the Republic of Niger; -Law No. 2008-22 of 23 June 2008 amending and supplementing Ordinance No. 93-28 of 30 March 1993 on the Status of Traditional Authority in Niger; -Law No. 2008-37 of 10 July 2008 amending and supplementing Act 61-37 of 24 November 1961 regulating expropriation for purposes of public interest and temporary occupation; -Law No. 2008-42 of 31 July 2008 on territorial organisation and administration of the Republic of Niger; -Ordinance No.2010-09 of 1st April 2010 on the Water Law in Niger; -Ordinance No. 2010-028/P/CRSN of 20 May 2010 amending and supplementing Ordinance No. 93-012 PRN/MDS/P/PF/PE of 2 March 1993 on minimum rules for the social welfare of persons with disabilities ; -Ordinance No. 2010-35 of 4 June 2010 governing freedom of the press; -Ordinance No. 2010-54 of 17 September 2010 on the General Law on territorial authorities of the Republic of Niger; -Ordinance No. 2010-73 of 4 November 2010 on the creation of a public social welfare institution referred to as “Centre for Leather and Art Works of Niger (CMCAN)”; -Ordinance No. 2010-84 of 16 December 2010 on the Charter of Political Parties; -Ordinance No. 2010-86 of 16 December 2010 on Combating Trafficking in Persons; -Ordinance No. 2010-96 of 28 December 2010, on the Electoral Code; -Ordinance No. 2011-12 of 27 January 2011 amending and supplementing Law No. 61-27 of 15 July 1961 on the institution of the Criminal Code; -Ordinance No. 2011-13 of 27 January 2011 amending and supplementing Law No. 61-33 of 15 August 1961 on instituting the Criminal Procedure Code; -Law No. 2011-20 of 8 August 2011, determining the general civil administration of the Government and defining its missions;

-Law No. 2011-22 of 8 August 2011 establishing the former administrative posts into departments and determining the names of the major towns; -Law No. 2011-40 of 7 December 2011 determining the responsibilities, the composition, organisation and functioning of the Economic, Social and Cultural Council (CESOC); -Law No. 2011-42 of 14 December 2011, defining the applicable rules for legal and judicial assistance and creating a public institution with an administrative character dubbed “National Legal and Judicial Assistance Agency”; -Law No. 2012-08 of 26 March 2012 determining the mandates, the composition, the organisation and functioning of the Court of Auditors; -Law No. 2012-24 of 2 May 2012 on the creation of a public social welfare institution dubbed the “National Employment and Vocational Training Observatory (ONEF)”; -Law No. 2012-34 of 7 June 2012 on the composition, powers, organisation and functioning of the Higher Communication Council; -Law No. 2012-35 of 19 June 2012 determining the organisation and functioning of the Constitutional Court and the proceedings brought before it; -Law No. 2012-44 of 24 August 2012 determining the composition, organisation, powers and functioning of the National Human Rights Commission (NHRC); -Law No. 2012-48 of 25 September 2012 on the Labour Code of the Republic of Niger; -Law No. 2012-69 of 31 December 2012 on the creation of a public social welfare institution referred to as the “Pension Fund of Niger”; -Law No. 2013-02 of 23 January 2013 determining the composition, organisation, powers and functioning of the Council of State; -Law No. 2013-03 of 23 January 2013 determining the composition, organisation, powers and functioning of the Court of Cassation; -Organic Law No. 2004-50 of 22 July 2004, determining the organisation and the competence of the Courts in the Republic of Niger, as amended and supplemented by Law No. 2013-29 of 12 June 2013; -Law No. 2011-18 of 8 August 2011 instituting the Mediator of the Republic, as amended and supplemented by Law No. 2013-30 of 17 June 2013.

2) Regulatory Measures - Decree No. 2005-64/PRN/MFPT of 11 March 2005 on the approval of the Statutes of the National Social Security Fund (CNSS); -Decree 2005-316/PRN/MSP of 11 November 2005 granting free Caesarean section services in public health institutions; -Decree No. 2007-261 / PRN/MSP of 19 July 2007 instituting free services on female cancers provided by public health institutions; -Decree No. 2008-030 PRN/MJ of 31 January 2008 determining the organisation and powers of the central services of the Ministry of Justice; - Decree No. 2008-226/PRN/MFPT of 17 July 2008 defining the organisation and modalities for the Operation of the Continuing Vocational Training and Learning Support Fund (F.A.F.P.C.A.); -Decree No. 2008-244/PRN/MFP/T of 31 July 2008 on the modalities for the implementation of Law No. 2007-026 of 23 July 2007 on the general status of the Government public service; -Decree No. 2009-224/PRN/MU/H of 12 August 2009 determining the modalities for the implementation of specific provisions of Law No. 61-37 of 24 November 1961 governing

8 expropriation for purposes of public interest and temporary occupation, as amended by Law No. 2008-37 of 10 July 2008, on involuntary displacement and resettlement of populations; -Decree No. 2011-443 bis/PRN/MP/PF/PE of 16 September 2011 on the adoption of the National Social Protection Policy; -Decree No. 2012-543/PRN/MJ of 13 December 2012 determining the statutes of the National Legal and Judicial Assistance Agency; -Decree No. 2012-082/PRN/MJ of 21 March 2012 determining the organisation, the composition and functioning of the National Anti-Human Trafficking Coordination Commission (CNCLTP); -Decree No. 2012-083/PRN/MJ of 21 March 2012 determining the organisation, the composition and functioning of the National Agency for Combating Trafficking in Persons (ANLTP); -Decree No. 2012-358/PRN/MFP/T of 17 August 2012 fixing the minimum salaries of professional categories of workers governed by the Inter-Professional Collective Bargaining Agreement; -Decree No. 2012-359/PRN/MFP/T of 17 August 2012 fixing the new minimum hourly rate of the guaranteed minimum salary (SMIG); -Decree No. 2012-329/PRN/MP/AT/DC of 1st August 2012, on the adoption of the 2012- 2015 Economic and Social Development Plan; -Decree No. 2012-400/PRN/MP/AT/DC of 21 September 2012, on the adoption of the 2012- 2015 Priority Economic and Social Development Action Plans; -Decree No. 2013-247/PRN/MP/PF/PE of 5 July 2013 on the adoption of the National Integrated Development Policy Paper for the young child in Niger and its Action Plan (PNDIJE age group 0 to 8 years) ; -Decree No. 2013-344/PRN/MP/PF/PE of 23 August2013 on the adoption of the framework document on the protection of the child in Niger and its action plan; -Decree No. 2014-004/PRN/MJ of 3 January 2014 determining the criteria and modalities of proof of indigence to benefit from judicial assistance; -Decree No. 2014-117/PRN of 17 February 2014 on the responsibilities, organisation and operations of the High Authority for the Consolidation of Peace; -Order No. 0015/MSP/LCE/DGSP of 27 January 2006 on the modalities for the implementation of the Caesarean Decree; -Order No. 65/MSP/DGSP/DPHL/MT of 7 April 2006 granting free contraceptives and condoms; -Order No. 079/MSP/MFE of 26 April 2006 providing free antenatal consultation and care for children of between 0 and 5 years; -Order No. 0013/MJ/DH/DDH/AS of 17 March 2010 on the establishment of a Report Drafting Committee to Treaty Organs.

CHAPTER 2: INSTITUTIONAL FRAMEWORK 35. The institutional architecture, apart from institutions within the three branches of Government, is made up of other institutions that are vital to the spread of democracy and the rule of law.

A.THE THREE BRANCHES OF GOVERNMENT 1) The Executive Branch 36. It consists of: - The President of the Republic who is the guarantor of national independence, national unity, territorial integrity, respect for the Constitution, international treaties and agreements. He ensures the smooth running of government and continuity of the State. - The Government: It is headed and facilitated by a Prime Minister, Head of Government who directs, leads and coordinates government action. He ensures the implementation of the legislation. 2) The Legislative Branch 37. The legislative power is exercised by a single Chamber called the National Assembly whose members are called national deputies. The National Assembly passes laws and levies taxes. It controls government action. 3) The Judicial Branch 38. In Niger, the judiciary is independent from the legislative and executive powers. The judicial power is exercised by the Constitutional Court, the Court of Cassation, the Council of State, the Court of Auditors, the Courts and the Tribunals. 39.-The Constitutional Court: It is the competent authority in constitutional and electoral matters. The mandate of this body is to ensure the constitutionality of legislation, Ordinances and the consistency of international treaties and agreements with the Constitution. It interprets the provisions of the Constitution. It controls the dependability, the transparency and sincerity of the referendum, presidential and parliamentary elections. 40. – The Court of Cassation: This Court is the highest authority of the Republic in judicial matters. 41.-The Council of State: The Council of State is the highest authority in administrative matters. It sits over abuse of power by the administrative authorities as a first and last resort as well as applications for interpretation and appreciation of the legality of administrative acts. 42. –The Court of Auditors: It is the highest authority in the area of control of public finances. It exercises jurisdictional competence, control and advisory powers. 43. - The High Court of Justice : the High Court of Justice is the competent authority to judge the President of the Republic in matters purported to be high treason committed in the exercise of his functions. It is also competent to try members of the Government as a result of acts deemed to be criminal or offences committed in the exercise of their functions. 44.-The Courts and tribunals: They are two (2) Courts of Appeal, ten (10) higher courts and thirty (30) district courts.

B. OTHER INSTITUTIONS AND COMMITTEES: 45. –The Economic, Social and Cultural Council (CESOC): established by Law No. 2011- 40 of 7 December 2011 (determining the mandate, the composition, organization and functioning of the Economic, Social and Cultural Council). It assists the President of the Republic and the National Assembly in the economic, social and cultural spheres. It gives opinions on draft laws and legislative proposals that are of economic, social and cultural nature with the exception of Finance Laws. 46.-The High Communication Council (CSC): It was established by Law No.2012-34 of 7 June 2012 on the composition, mandate, organisation and functioning of the High Communication Council. It is an independent administrative authority tasked with ensuring and safeguarding the freedom and independence of the audio-visual means of communication,

10 the print and electronic media for compliance with the law. The CSC replaced the National Communication Observatory (ONC) established in 2010. 47. –The National Human Rights Commission (NHRC): was established by Law No. 2012-44 of 24 August 2012 and its tasks are laid down in Articles 19, 20 and 21 and they relate to the consideration of complaints, the power of self-seizure and investigation in the event of any human rights abuses; to the respect for the observance of human rights, awareness creation among the citizenry on their rights, the development and implementation of human rights education programmes, among others. This Commission replaced the National Observatory for Human Rights and Fundamental Freedoms (ONDHL/F) established in 2010. 48. –The Mediator of the Republic : It was established by Law No. 2011-18 of 8 August 2011, amended and supplemented by Law No. 2013-30 of 17 June 2013. It is an independent authority which receives claims on the functioning of the administrative apparatus of the Government, local governments, public institutions and any other body tasked to carry out a public service in their relations with the governed. 49. –The National Anti-Human Trafficking Coordination Commission : It was established by Decree No. 2012-082/PRN/MJ of 21 March 2012 determining the organisation, composition and functioning of the National Anti-Human Trafficking Coordination Commission (CNCLTP). It is a body which initiates, designs and develops policies and programmes relating to the prevention of trafficking in persons; -50. The National Committee tasked with the Drafting Reports to Treaty Organs: It was instituted by Order No. 013/MJ/DH/DDH/AS of 17 March 2010 on the establishment of a National Committee for Drafting Reports to Treaty Bodies. This Committee is tasked with preparing initial and periodic reports for submission to Treaty Organs and the Universal Periodic Review (UPR) and the monitoring of recommendations emerging from the presentation of these reports; 51. The National Legal and Judicial Assistance Agency: It was established by Law No. 2011-42 of 14 December 2011, which sets out the relevant rules for legal and judicial assistance and establishes a public administrative body dubbed “National Legal and Judicial Assistance Agency”, which is tasked to provide legal and judicial assistance to certain categories of vulnerable persons and others who do not have the necessary financial resources to pay legal fees. 52. The High Peace Consolidation Authority: established in 2011, it is tasked, as per the terms of Decree No. 2014-117/PRN of 17 February 2014 on the responsibilities, structure and functioning of the High Peace Consolidation Authority, to cultivate the spirit of peace, dialogue among the different communities of the country and maintain the spirit of mutual trust, tolerance and respect in a common will to live together. 53. The High Commission for the 3Ns Initiative (Nigeriens Nourishing Nigeriens): was established by Decree No. 2011-407/PRN on 06 September 2011 and it is based on a consistent set of personal measures and investment actions to be achieved in the short, medium and long terms. The 3Ns initiative should make it possible for Niger to make a qualitative leapfrog both from the perspective of investments for developing the rural communities and related agri-food trade in local agro-sylvo-pastoral products. 54. The High Anti-Corruption and Related Offences Authority (HALCIA): It is a permanent Governmental body established by Decree No.2011-215/PRN/MJ of 26 July 2011 and it is placed under the President of the Republic. The HALCIA is tasked to: - Monitor and evaluate the government anti-corruption programme; - Collect, centralize and deal with denunciations brought to its attention for practices , deeds and acts of corruption and related offences; - Carry out studies or investigations and propose any legal and administrative measures and practices likely to forestall and stem corruption;

- Identify the causes of corruption and propose to the competent authorities measures likely to eliminate the practice in all public and parastatal agencies; - Undertake any other task entrusted to it by the President of the Republic. 55. The High Commission for State Modernization: established by Decree No. 2005- 361/PRN/PM of 30 December 2005, it is tasked, in conjunction with concerned Ministries, to design, supervise, coordinate, monitor and evaluate all actions geared towards the modernisation of the State and local authorities in accordance with the guidelines outlined by the government. It is also required to implement the national policy paper on State modernization adopted by Decree No. 2013-249/PRN/PM/HCME of 12 July 2013; 56. Traditional Authority: It is governed by Ordinance No. 93-28 of 30 March 1993 on the status of chieftaincy as amended by Law No. 2008-22 of 23 June 2008, Article 15 new of which stipulates that “the traditional chief shall have the power of conciliation of parties in customary, civil and commercial matters. It shall rule according to custom on the use of agricultural and pastoral lands by families or individuals, over which the customary community it has oversight responsibility of, has established customary rights. In any case, it prepares reports on these conciliatory or non-conciliatory issues which must be written in a temporary register, a copy of which is transmitted to the administrative authority and competent jurisdiction. The conciliation reports signed by the parties may receive the seal of enforceability by the competent jurisdiction, on the initiative of one of the parties”.

PART TWO: PROGRESS REPORT ON THE IMPLEMENTATION OF THE CHARTER SINCE 2003

CHAPTER 1: CIVIL AND POLITICAL RIGHTS A) THE RIGHTS TO LIFE AND PHYSICAL INTEGRITY (Article 4) 57. The Constitution of 25 November 2010 establishes the right to respect for the human person. Indeed, the Article 11 indicates that “the human person is sacred. The State has an absolute obligation to respect and protect it”. Article 12 in turn stipulates that “every person has a right to life, health, physical and moral integrity, to a healthy and well-balanced diet, potable water, education and learning under conditions laid down by law. The State shall ensure that the needs and essential services of every individual as well as the full development of every individual are met. Every individual has the right to freedom and security under conditions laid down by law”. 58. The Nigerien Criminal Code, in its Chapter III entitled “murders and capital punishments”, cracks down on very serious offences, including offences against life. In fact, homicide, murder, parricide, infanticide and poisoning are provided for and are punishable under Articles 237 to 241. These offences are to a large extent punishable by life imprisonment. 59. In the Republic of Niger, capital punishment is still in force. However, it is only applied in cases of felony such as assassination, murder, parricide or poisoning. However, the mother who is the main culprit for the murder or assassination of her new-born child shall escape from this ultimate sanction. Indeed, she will be punished only for a term of imprisonment of between 10 to 20 years. 60. However, these offences may lead to the imposition of the death penalty in the cases provided for in Article 242 of the same Code which specifies that “any person found guilty of

12 murder shall be punished by life imprisonment. However, murder shall attract the death penalty: - If it has been preceded, accompanied or followed by another crime; - If it has been intended to either prepare, facilitate or carry out a crime, or cause an evasion or ensure impunity of the perpetrators or accomplices of the crime”. 61. With regard to minors who fall foul of the law, Article 33 of Ordinance No. 99-11 of 14 May 1999 instituting juvenile courts lays down favourable provisions in case offences have been committed, even those deemed to be most serious. In fact, the above article stipulates that “if it is decided that a minor of eighteen years acted knowingly, the following punishments shall be imposed: - If it carries the death penalty or life imprisonment, he shall be sentenced to between ten and thirty years; - If it attracts a criminal punishment of imprisonment of between ten and thirty years, he shall be sentenced to between two years and less than ten years; - If it carries a correctional penalty or a minor offence, he will only be sentenced to half of the penalty to which he would have been sentenced if he was eighteen (18) years”. - 62. In the case of a pregnant woman, Article 14 of the Criminal Code provides that “If a woman sentenced to a term states that she is pregnant or it is ascertained that she is pregnant, she will not serve the term until she has given birth”.

63. Notwithstanding all these provisions, Niger remains a de facto abolitionist State as the last execution dates back to 1976. Indeed, the sentences imposed are not carried out and the process is ongoing to arrive at a de jure abolition of the death penalty. This process was initiated in 2010 by the transitional Government which took several steps towards developing a case through a phased approach; this includes awareness creation among the general public (religious leaders, traditional chiefs, NGOs, associations, political parties, State institutions) and integrating social groups into the project and submitting it to the Advisory Council for adoption. The process is still ongoing, and it will finally lead to the adoption of a legislation abolishing the death penalty. This action will facilitate the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights seeking to abolish the death penalty.

64. Moreover, this ratification is part of the recommendations accepted by Niger during the Universal Periodic Review in 2011. To ensure its effectiveness, the Ministry of Foreign Affairs, Cooperation and African Integration and Nigeriens in the Diaspora initiated the ratification process of the said Protocol in 2014, in collaboration with the technical Ministries concerned. The Nigerien Civil Society also organized a campaign in 2012 towards the ratification of the above-mentioned Protocol.

65. It is important to emphasize that any person sentenced to death has the right to enter a petition for pardon from the President of the Republic. Under the provisions of Article 55 of the Constitution, it is the prerogative of the President of the Republic to grant pardon. When a death penalty is imposed conclusively, the convicted person can be executed only when the presidential pardon he applied for, has not been accorded him. 66. However, some events leading to the death of people have unfortunately been recorded. But the Government has always found a way out to quickly punish the perpetrators. Thus, for instance, on 6 and 7 December 2011, during the clashes between demonstrators and the police in Zinder, two people (a student and a woman) lost their lives. The Government, through its spokesperson, announced to the nation the circumstances surrounding the case and affirmed its commitment to shed light on the matter. The government decided to suspend the regional Police Commander of Zinder and dismissed the IGP and his deputy as preventive measures. 13

The police inspector, the alleged perpetrator of the act was arrested when the judicial authorities were seized of the case file.

B) PROHIBITION OF SLAVERY, TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING PUNISHMENT AND TREATMENT (Article 5) 67. The Constitution of 25 November 2010 prohibits slavery under article 14 which stipulates that “no person shall be subjected to torture, slavery, abuses or cruel, inhuman or degrading treatment. Any individual, Government worker, who is found guilty of any acts of torture, abuses or cruel, inhuman or degrading treatment in exercising their functions, either through his own initiative or based on instruction, shall be liable to punishment under the law”.

1) Prohibition of slavery 68. In order to incorporate its international commitments as a result of the ratification of legal instruments on the prohibition of slavery, the Government of Niger, following the constitutional prohibition of slavery, amended the Criminal Code in 2003 in order to reinforce the deterrence of this offence. Thus, Articles 270.1 to 270.5 defined and criminalized the offence of slavery. 69. The resultant effect of Article 270.1 is that “slavery” is the state or condition of an individual on whom the attributes of the rights of property or some of these attributes are exercised. “The slave” is an individual with the said status or condition. The “person of servile status” is someone who has been placed in the status or condition which is the result of one of the slavery institutions or practices in particular concerning: 1) servitude or any form of submission or total dependence on a master; 2) any institution or practice under which: a) a woman, without any right to refuse, is promised or given in marriage, on payment of a consideration in money or in kind to the master; b) the master of a woman considered as a slave has the right to transfer her to another person for value received or otherwise; c) the master has a right to have sexual intercourse with a slave woman; 3) Any institution or practice under which a minor of less than eighteen years is transferred, either by their parents, guardian or by their master to another person, whether or not against payment, for purposes of exploitation or work of the said minor. 70. Under Article 270.2 of the Penal Code, the crime of slavery is constituted by the “(…) fact of someone holding another person in slavery or inciting another person to alienate their freedom or dignity or another person in his care, to be held in slavery”. He shall be punished for a term of imprisonment of between 10 and 30 years and a fine of between CFAF 1.000.000 and 5.000.000 francs. The same punishment is applied for “the fact that a master or his accomplice: - Engages in sexual intercourse with a woman considered to be a slave or the spouse of a man considered to be a slave; - Places a woman considered as a slave at the disposal of another person for purposes of having sexual intercourse. The complicity and the attempt to commit such offences as provided for in the preceding articles are subject to the same penalties set out in this Article”. 71. The offence of slavery, just like an attempt, is cracked down in accordance with the provisions of Article 270.4 under which “any person found guilty of the offence of slavery shall be punished by an imprisonment of between five years but less than ten years and a fine of between 500.000 and 1.000.000 CFA francs. The attempt to commit the offences is meted out with the punishment specified in the preceding sub-paragraph”.

72. Moreover, the concern to ensure maximum deterrence has compelled the lawmaker to empower recognized public interest organizations statutorily engaged in anti-slavery campaigns to seek legal remedy in the courts to obtain reparation for an act of slavery. Thus, Article 270.5 of the Criminal Code states that “any association that has been officially approved for a period of at least one year prior to the material time and which by its statutes, has the goal of combating slavery or related practices, is empowered to bring civil action to obtain reparation for the injury caused by the offences to the criminal law on slavery”. 73. This leeway, has for example, served as a legal basis for the remedy sought by the NGO TIMIDRIA in respect of the Hadijatou Mani Koraou case both in the domestic courts and the sub-regional ones on behalf of the victim. In this particular instance, the ECOWAS Community Court of Justice delivered a judgment on 27 October 2008 which imputed responsibility to the Nigerien government for inaction on the part of its agencies for failing to take the necessary measures to prevent the victim from being held in slavery. It must be noted that the Government of Niger complied with the aforementioned ruling.

Summary of the Hadijatou Mani Koraou’s Case

The Community Court of Justice of the Economic Community of West African States (ECOWAS) delivered judgment in a case on 27 October 2008, against the Republic of Niger for “inaction” on the part of its administrative and judicial authorities in the Hadijatou Mani Koraou’s case. Hadijatou had been sold into slavery as a fifth wife at the age of 12 years for 240.000 CFA francs (366 euros). According to the judgment of the Court of Justice, “this transaction was carried out under a customary practice called the Wahaya, in the Republic of Niger, and it consists of the acquisition of a young girl, generally, under conditions of servitude, to serve as a domestic servant and a concubine at the same time. The slave woman bought under such circumstances is referred to as « Wahaya » or the fifth wife, meaning a woman outside the legally married ones who cannot exceed four in accordance with recommendations under Islam ». The verdict also specifies that the Wahaya generally carries out « domestic chores and services the master. The latter can, at any point in time, both day and night, have sexual intercourse with her ». Hadijatou was held in slavery for almost 9 years, a victim of forcible sexual relations since the age of 13 years including any other form of acts of violence on the part of her « master». The Court sentenced the Government of Niger to pay her compensation amounting to CFAF 10 million for the injury suffered by the victim. The Government of Niger complied with the Court’s decision.

74. In a more recent case, the court of Assizes of Birni N’Konni, following its ruling No. 20 on 26 May 2014, sentenced a 63-year old man to 4 years in prison and a fine of 250,000 CFA francs for committing a crime of slavery. By the same ruling, the court requested the defendant to pay the NGO Timidria, Complainant in this case, the sum of 500.000 CFA francs for damages. The Court took formal note of the remarriage between the defendant and the victim on 1st January 2012 and of the latter’s failure to file a civil action. In this particular case, Mr. Elhadj Djadi R. who claimed to have bought the said Ramatou Garba for a modest sum of 200.000 CFA francs (about 400 US dollars), had subjected the latter to become his 5th wife. He was denounced in 2010 by the NGO Timidria (which has made the elimination of slavery in Niger its priority) and arrested for slavery. This ruling makes it abundantly clear that the Nigerien authorities and the courts are determined to discourage slavery and related practices through maximum deterrence.

75. As part of the progress made by Niger in this respect, it must be noted that the Government adopted Ordinance No. 2010-086 on 16 December 2010 and the rationale, in line with Article 3 of the legislation, is to: - Prevent and combat human trafficking, in particular of women and children; - Protect, support and assist the victims of trafficking by ensuring that their fundamental freedoms are respected; - Punish the traffickers for any offence relating to trafficking; 15

- Facilitate cooperation between the State Parties to the United Nations Convention Against Transnational Organized Crime and its Additional Protocol to Prevent, Repress and Punish Trafficking in Persons, particularly of women and children. 76. Article 2 of this Ordinance defines trafficking in persons: “as being any operation or action intended to recruit, transport, accommodate or receive persons through threat of the use or use of force or other forms of coercion, of abduction, deception or of abuse of power or of a position of vulnerability or of the offer or acceptance of payment of benefits to obtain the consent of the person in a position of authority over another person for purposes of exploitation”. The correctional or criminal penalties for the offence of trafficking are laid down in Articles 10 et seq of this Ordinance which, in any case, provides for a civil reparation scheme applicable to this offence. 77. Trafficking is a difficult phenomenon to understand as a result of the geographical position of Niger which makes it a departure, transit and destination country for migrants. A survey carried out by the Nigerien Human Rights Defense Association (ANDDH) in 2005, in 1540 households all over the country revealed that trafficking in persons actually exists. The technical agencies (the Police, Gendarmerie and the Courts) confirmed the existence of this trafficking. Indeed, according to these agencies, trafficking of women and children is growing on a larger scale in Niger and it takes different forms, such as : over exploitation of domestic servants, internal trafficking of girls accommodated in closed houses, trafficking of young girls (Nigeriens, Nigerians and Ghanaians in particular) to other countries. 78. A national survey carried out by the National Human Rights and Fundamental Freedoms Commission (CNDH/LF) in 2008 also revealed, “the existence of a number of practices akin to slavery in the rural communities and some nomadic societies based on the caste system”. In 2009, a conviction was handed down by the criminal court of N’Guigmi for enslavement. 79. In order to effectively address the issue of slavery and trafficking in persons, two structures were created in accordance with the final provisions of the aforementioned Ordinance No. 2010-086. That is the National Coordination Commission for Combating Trafficking of Persons (CNCLTP) and the National Anti-Human Trafficking Agency (ANLTP). These two structures are already operational and they collaborate with the other national, regional and international bodies operating in this sphere (Articles 96 and 97). A Special Compensation Fund for victims of trafficking has also been established. 79 bis. Moreover, a great deal of efforts made by the government in various respects, such as prosecution of the perpetrators of offences relating to trafficking, protection of the victims and the prevention of the phenomenon have been recognized by the Surveillance and Anti-Human Trafficking Office. In fact, in the 2014 Report (Trafficking in Persons Report 2014) published by the US State Department , Niger maintained its position in the 2nd Tier of the world ranking of States affected by the human trafficking phenomenon.

2) Prohibition of Torture, Cruel, Inhuman and Degrading Punishment and Treatment 80. Torture is prohibited in Niger. In fact, the Constitution of 25 November 2010, stipulates in its Article 14, that “No person shall be subjected to torture, slavery, cruel abuses or inhuman or degrading treatments. Any individual, government employee who will be found guilty of acts of torture, abuse or cruel, inhuman or degrading treatment in exercising his/her functions, either on his/her own initiative or under instructions shall be punished in accordance with the law”. 81. Similarly, the Criminal Code in its articles 208.1 to 208.4 prohibits torture and other cruel, inhuman or degrading treatments in an implicitly simple manner. The provisions of these articles read together, show that these acts below are viewed as criminal offences: - torture or other inhuman treatments, including biological experiments ; - legally unjustifiable acts and omissions that are likely to compromise the health, physical or mental integrity of persons protected by one of the Conventions on the 16

protection of the sick and wounded, shipwrecked persons, in particular any act which would not be justified by the state of health of these persons or which will not be consistent with generally recognized rules governing medical practice. 82. However, the Nigerien criminal law has, to date, not established a single independent offence referred to as torture. 83. All the provisions of the criminal code which make reference to torture concern offences provided for or punishable by law under different terms. The existence of these provisions which, in itself, is a significant improvement of our positive law, could imply that there are no obstacles to the adoption of legislation on torture. Thus, the non-existence of a definition for torture in the Criminal Code has not ruled out the prosecution and conviction of perpetrators of acts of torture committed against citizens. 84. To address the lack of awareness about international instruments prohibiting torture and strengthen the capacity of employees responsible for the enforcement of the law, several training sessions have been organized for them. These training sessions have had the effect of minimizing cases of torture in places of detention (in cells and in jails). 85. Furthermore, Niger has incorporated into its Criminal Code, the different Geneva Conventions, Protocols I and II which enjoin States to prohibit the subjection of an individual to a medical or scientific experiment without his or her free consent. It is in this respect that Article 208.3 on war crimes lists serious offences which constitute war crimes punishable in accordance with the related chapter thereof. 86. In 2008, a survey was conducted by the ANDDH in places of custody within the Niamey Urban Community (CUN) to investigate the conditions in places of detention. This survey made it possible to collect reliable data for the correction of shortcomings identified during the survey conducted on torture in 2007. 87. Based on this survey in the CUN, in 2008, the investigators did not find proven cases of torture in the detention centres visited. The survey rather showed improvements in conditions in the cells and jails in the last few years. This improvement is due to political developments in Niger and several factors such as the implementation of the Convention against Torture and other punishments or cruel, inhuman and degrading treatment as well as other international instruments ratified by Niger; to prison visits conducted by human rights defence associations, the presence of the United Nations legal Volunteers in many places of detention and finally due to the training of police officers, gendarmes and the national guard personnel in human rights in view of the fact that the latter personnel play the role of prison staff. 88. It must also be recalled that to prevent cases of maltreatment, Article 71 sub-paragraph 5 of the Criminal Procedure Code imposes an obligation on crime officers (OPJ) to accompany a person referred to the Public Prosecutor’s office together with a medical certificate to prove that the person has not been subjected to any abuses while in police custody.

C) PROHIBITION OF ARREST OR ARBITRARY DETENTION (Article 6) 89. There has not been any legislative or regulatory development on this subject matter since the submission of the last report. However, Nigerien courts are ensuring that the prohibition is strictly complied with as established by Articles 248, 265 to 270 of the Criminal Code. 90. It must be recalled that Article 71 of the Criminal Procedure Code governing custody of persons stipulates that “where for purposes of investigations, the crime officer has to keep one or several persons against whom there is evidence of guilt; he cannot keep them in custody for more than forty-eight hours. Beyond this deadline, he must release them or send them to the Public Prosecutor’s office. However, the Public prosecutor can authorise that the period be extended again for another forty-eight hours.

The suspect is notified about his right to have a legal counsel from the 24th hour in custody failure of which renders the procedure void. This deadline shall start from the period of arrest.”

D) EQUALITY BEFORE THE LAW (Article 3) 91. This principle is recalled by Article 8 of the Constitution of 25 November 2010 according to which “The Republic of Niger is a State governed by the rule of law. It guarantees equality before the law without distinction on grounds of sex, social, racial, ethnic or religious origin. It respects and protects all beliefs. No religion or belief can arrogate to itself political power or interfere in the affairs of the State. Any personal propaganda of a regionalist, racial or ethnic nature; any demonstration of racial, social, sexist, ethnic, political or religious discrimination are punishable by law.” 92. Apart from the aforementioned criminal sanctions, disciplinary sanctions are provided for against possible offenders by the different statutes governing the defence and security corps.

E) RIGHT TO A FAIR TRIAL (Article 7) 93. The Constitution of 25 November 2010 reaffirmed the right to a fair trial in similar terms like the preceding ones. 94. Moreover, the criminal procedure code contains all the necessary guarantees for a fair trial. However, shortcomings have been noted, particularly with regard to the rights of the defence as a result of the concentration of court officials in the capital. In fact, 95 % of lawyers and 70 % of other judicial officers (bailiffs and solicitors) are based in Niamey, while in some regions; it is rare to find any lawyers. But the Government, through the Ministry of Justice, has taken supporting measures to ensure that the rights of defendants are effectively guaranteed, particularly by designating public defence counsels and organizing mobile legal assistance for defendants. 95. Access to justice has improved, among others, with the creation in December 2011 of a Public Administrative body called “the National Legal and Judicial Assistance Agency” (ANAJJ) and the provision of the necessary financial backing to fulfil its mandate. The ANAJJ is tasked in particular with managing the legal and judicial assistance mechanism and making the latter available for the benefit of certain categories of persons, right from the preliminary investigations stage. 96. In Niger, access to the courts is open to all without any discrimination. The principles of the right of appeal, of the requirement for judges to show the reasons underpinning their decisions, the equality of arms and the adversarial principles, independence and impartiality of the courts are established and rigorously enforced. 97. Thus, Article 55 of Law No. 2007-05 of 22 February 2007 on the status of the judges makes provision for disciplinary errors that could warrant sanctions against a judge as being, among others, “excessive slowness in handling cases” or “unjustified delay in drafting judicial decisions”. 98. Finally, there is the need to point out that in Niger, judges are irremovable and independent.

F) FREEDOM OF ASSIOCIATION (Article 10) 99. The right and freedom of association as well as the right to form unions are guaranteed in Niger. In fact, Article 9 of the Constitution stipulates that “within the context of freedom of

18 association recognized and guaranteed by this Constitution, political parties, groups of political parties, unions, non-governmental organizations and other associations or groups of associations shall be formed and shall exercise their activities freely in compliance with the laws and regulations in force. 100. The political parties and groupings contribute to the exercise of the right to vote. The same rights are accorded to every Nigerien citizen enjoying civil and political rights and who meets the conditions for eligibility provided for by law. The political parties with ethnic, regionalist or religious motivations are prohibited. No other party can be created with the aim of promoting an ethnic group, a region or a religion, under penalty of sanctions laid down by law”. 101. There has not been any progress in the freedom of association system since the last report. However, in respect of union rights, new legislative texts have emerged (new General Civil Service Statute and the new Labour Code) and they reaffirm the freedom of association established by the legal texts amended by these new Statutes. 102. At the political level, the citizens can freely form political parties subject to compliance with the legal provisions. Ordinance No. 2010-84 of 16 December 2010 on the Charter of Political Parties, defines political parties as “non-profit-making associations which, in line with the Constitution, bring together citizens of Niger around a social project or a political programme in order to exercise the expression of universal suffrage and participate in the political life through peaceful, democratic and political means”. 103. The aforementioned Ordinance makes it obligatory for political parties to ensure the training and sensitization of their members and to contribute to the shaping of opinion for the preservation and consolidation of national unity, peace, security and economic, social and cultural development of Niger. 104. The exercise of the freedom of association is expressed by the increase in the number of associations, Non-Governmental Organisations (NGOs), trade unions and political parties. Thus, from 2011 to 2013, 585 NGOs, 320 associations and 8 political parties had received authorisation to carry out their activities in Niger (Source: Three (3)-year Progress Report on the Implementation of the Renaissance Programme). By 12 June 2014, the update was as follows: -1082 associations; -1557 NGOs; -71 political parties; -13 labour federations and a coordination of non-affiliated unions, with a membership of more than 250 unions. 104 bis. There is no restriction to freedom of association apart from prohibitions contained in the aforementioned Ordinance which centre on ethnic and regionalist associations. This can be explained by the concern of the authorities to preserve national unity, peace and social cohesion. 105. The associations are therefore freely formed and any member is free to join the association of his choice. A provisional receipt of a three-month (3) validity period is issued to enable the association to start its operations. The authorisation to exercise its activities shall be by Order of the Minister of the Interior, Public Security, Decentralization and Religious Affairs, after it has been found that the association has complied with the relevant legislation. It can only be turned down for reasons specified by law. The procedure for the establishment of labour unions is still more simplified. In fact, in pursuance of Conventions 87 and 98 of the ILO, ratified by Niger, the trade unions follow a system of prior approval.

106. The cooperative groups are recognized by the sub-regional authorities (Sub-prefects and mayors). The right of association is also accorded to foreigners who come together to form associations. G) FREEDOM OF WORSHIP AND RELIGION (Article 8) 107. It is established by the Constitution of 25 November 2010. As the Republic of Niger is a secular State, all religions are accepted. In pursuance of this right, several religious associations have been formed. 108. There are provisions for the freedoms of thought, conscience and religion which are guaranteed in Niger. The respect of the freedom of thought, conscience and religion is governed by the provisions of Article 8 according to which: “the Republic of Niger is governed by the rule of law. It guarantees equality of all before the law without distinction as to sex, social, racial, ethnic or religious origin. It respects and protects all beliefs. No religion nor belief can arrogate to itself political power nor interfere in the internal affairs of the State. Any sectional propaganda of regionalist, racial or ethnic character and any demonstration of racial, social, gender, political or religious discrimination are punishable by law”. 109. In fact, Article 30 of the Constitution states that “every individual has the right to the freedom of thought, opinion, expression, conscience, religion and worship. The State shall guarantee the free exercise of religion and expression of beliefs. These rights shall be exercised in the respect of public order, social peace and national unity”. 110. In Niger, all religious denominations co-exist without any problems. In fact, though the country is mainly constituted by Muslims, the latter peacefully live side by side with Christians and animists. 111. The Constitution endorses an absolute principle regarding freedom of conscience, religion and worship and exercising it is non-derogable. The law punishes any improper use of the freedom of conscience or an infringement on the exercise of this right which it considers to be a criminal or correctional offence of a racial, regionalist or religious nature. Thus, Article 102 of the criminal code specifies that “any act of racial or ethnic discrimination, as well as any regionalist propaganda, any activity that is contrary to the freedom of conscience and freedom of worship, likely to incite some citizens against others, shall be punishable by a term of imprisonment of between one and five years and refusal of stay. Where an act of racial or ethnic discrimination, regionalist propaganda or the activity contrary to the freedom of conscience or worship may have been intended or had the effect of one of the offences or crimes in breach of State security or the territorial integrity of the Republic, its perpetrator or its instigator shall be prosecuted as an associate or an accomplice as the case may be”. 112. By invoking the duty and freedom of parents and/or legal guardians to ensure the religious and moral education of their children in accordance with their own convictions, Article 23 of the Constitution states that “parents have the right and duty to nurture, educate and protect their children. The descendants have the right and duty to assist and support the ascendants. Either of them shall be supported in this task by the State and other public authorities”.

H) FREEDOM OF ASSEMBLY AND DEMONSTRATION (Article 11) 113. Assemblies and demonstrations are not subject to prior authorisation of the authorities but a prior declaration. The freedom of assembly and demonstration is not subject to any limitation except in the event of a potential threat to public order. 114. Any demonstration must be brought to the attention of the authorities by indicating the organizers, the venue, the date and the route for the demonstration as the case may be. The organizers of the demonstration must take all the necessary measures to safeguard the security

20 of persons and property. They may call on the law enforcement agencies for protection during the demonstration, where necessary. 115. Public demonstrations are officially organized by trade unions and political parties. I) FREEDOM OF EXPRESSION (Article 9) 1. Status of press freedom in Niger 116. The Constitution of 25 November 2010 promotes and protects public freedoms including freedom of the press. In fact, Article 30 of the Constitution states that “every person has the right to freedom of thought, opinion, expression, conscience, religion and worship. The State shall guarantee the free exercise of religion and expression of one’s beliefs. These rights shall be exercised by respecting public order, social peace and national unity”. 117. Article 158 paragraph 1 also specifies that “Audio-visual, written, electronic communication including print and broadcasting are free, subject to the respect of public order, freedom and human dignity” (Article 158 paragraph 1 of the Constitution). 118. The same provision is set out in Ordinance No. 2010-035 of 04 June 2010 on the freedom of the press, Article 1 of which states that “The print, electronic media and the audio-visual communication as well as the printing and broadcasting are free. The right to information is an inalienable right of the human person”. 119. Before 2010, freedom of the press was characterized by a rather repressive system: press offences were punishable by terms of imprisonment, and preventive detention was more frequent in cases of press offences. Furthermore, political power had all the latitude to close down media houses that were deemed to be malicious. 120. Since 2010, Niger has made significant strides in terms of promoting and protecting freedom of the press. These advances have been recorded in the following areas: - Adoption of the Ordinance of 4 June 2010 on the freedom of the press. This Ordinance establishes decriminalization of press offences (defamation, insults). This legislation prohibits custodial sentences and preventive detention of journalists exercising their professional duties. The Ordinance of 4 June 2010 is the result of a consensus between public authorities and socio-professional organisations of the media sector following the General Conference on the press held in March 2010. The terms of imprisonment have been replaced by fines; - Adoption of the Charter on Access to Information and Administrative Documents. As the administration of the State had become too jail-minded, this legislation contributed to stemming a recurrent problem affecting the practice of journalism : access to sources of information without discrimination is a requirement for the effectiveness of the freedom of the press; - Signing of the Declaration of Table Mountain by the President of the Republic, on 30 November, 2011. By this signing, the President of the Republic of Niger is the first Head of State to have signed this Declaration, which prohibits terms of imprisonment for journalists exercising their professional duties and puts back freedom of the press into the centre-stage of public discourse in Africa; - Establishment of a National Press Freedom Day by the Government, paving the way for the celebration of press freedom on 30 November every year in remembrance of the signing of the Declaration of Table Mountain. The 1st National Press Freedom Day will be celebrated on 30 November 2014. 2. The Nigerien Media Landscape 121. The regulation of the sector is carried out by the High Communication Council (CSC), which is an independent administrative authority. This Government institution has powers to sanction journalists and media houses for contravening the Ordinance on press freedom and the Professional Journalists’ Charter deposited with the Council. 122. The area of self-regulation is within the purview of the Nigerien Independent Media Observatory on Professional Code of Conduct and Ethics (ONIMED), which is a court for the 21 peers. The establishment of the ONIMED is a follow up to the General Conference held in March 2010. Such an action stems from the determination of journalists to police themselves by instituting punishments for any shortcomings in professional media standards and the code of ethics. The punishments by the ONIMED are moral by nature. 123. In order to support the press as a general concern, the Government created a Press Assistance Fund which is administered by the CSC. This institution disburses the funds according to objective criteria approved by it. The fund is aimed at building technical, material and editorial capacity of the private press houses. 124. An amount of 200 million CFA francs is allocated annually into the Fund. A campaign is ongoing for an upward review of this allocation in view of the potentially high number of media houses eligible for the Fund. 125. This campaign is about to be concluded successfully as the Minister of Communication and Institutional Relations has publicly acknowledged its importance. 126. Today, the media landscape in Niger comprises the following: - 02 public television networks; - 10 private television networks; - 1 public radio station; - 36 private radio stations; - 134 community and association radio stations; - 02 public newspapers; - About fifty private newspapers, out of which twenty appear more or less regularly; - Several news websites. Online press has developed considerably in recent years. Unfortunately, there is no specific legislation to ensure supervision of their operations. This gives room for blunders that undermine freedom of information, code of ethics and professional standards. 127. Currently, 26 applications to open private radio and television stations are being considered by the CSC. 3. Challenges 128. Freedom of the press can be effective only when challenges such as economic and financial viability, pluralism and responsibility are addressed. - the challenge of economic and financial viability 129. In Niger, the quest for media organizations never ceases. The threat to press freedom is real as the media and journalists, looking for the vital minimum, give in to pressure groups or groups seeking political and economic interests. 130. The discussions initiated focus on improving the Media Assistance Fund, the adoption of the law on media advertisements (the process is ongoing). - The challenge of pluralism 131. The Nigerien media landscape is free and pluralistic. This trend must be preserved to consolidate freedom of the press, avoid monopolies and generate sufficient media platforms to provide sources of information and expression to the general public. 132. At the end of a mission to Niger in 2011, the Reporters Without Borders Association commended the progress made in the area of press freedom in the country in an investigative report entitled: "A page is turning, hope for press freedom in Niger and Guinea". The government must guarantee media pluralism which nurtures press freedom. - The challenge of responsibility 133. In 2011-2012, Niger recorded an improved position in the ranking by Reporters without Borders from 104th to 29th.The following year, the country dropped in the rankings as a result of the behaviour of some journalists which fell below the mark of professional journalistic

22 standards due to the poor knowledge about the spirit underpinning decriminalization of press offences. But, decriminalization is not a licence to publish or broadcast everything, or much more to show lack of respect for ethical standards and the code of professional conduct. Freedom is synonymous with responsibility. 134. The material insecurity in which journalists find themselves is often advanced to justify the lack of respect by certain journalists for ethical standards and professional code of conduct. The draft professional bargaining agreement which has already been drafted for media employees is now awaiting signing by employers and employees. Once implemented, the collective agreement would make it possible to protect journalists. 135. As declared by the International Federation of Journalists, there cannot be freedom of the press when journalists live under poor conditions.

J. FREEDOM OF MOVEMENT AND TO SECURITY 1) Freedom of movement (Article 12) 136. The Constitution affirms the principles of free movement of persons and the choice of their residence. In fact, with regard to the first principle, Article 32 establishes that, “the State acknowledges and guarantees the freedom of movement, freedom of association, of assembly, procession and demonstration under conditions laid down by law”. Regarding the second principle, it is established by Article 42 which states “the State shall protect the rights and legitimate interests of Nigerien citizens abroad. The citizens of other countries in the Republic of Niger shall enjoy the same rights and freedoms as Nigerien citizens under conditions stipulated by law”. 137. Within the context of the freedom of movement, Niger has ratified several regional and international legal instruments including the ECOWAS Convention on the Free Movement of Persons and Goods and the Convention on the free establishment of certain liberal professions. 138. However, the aforementioned rights have restrictions, particularly the ones provided for by Article 99 of the Constitution which refers to areas of the law for measures to be adopted on: “ - obligations imposed on citizens, on their person and their property in the interest of national defence, safety and public assistance. - obligations imposed on citizens, upon their person and their property in the interest of national defence and public safety”. 139. Concerning the conditions of entry into Nigerien territory, they are stipulated in Article 3 of Ordinance No. 81-40 of 29 October 1981, on entry and stay of foreigners in Niger. The aforementioned Article emphasizes that for any foreigner to enter Niger, he/she must have documents and visas required by International Conventions to which Niger is a party and by regulations in force. 140. Article 2 of Decree No. 87-076/PCMS/MI/MAE/C of 18 June 1987, regulating the conditions of entry and stay of foreigners in Niger stipulates that the foreigner shall also be in possession of a vaccination certificate and guarantee their repatriation by producing a non- transferrable, inaccessible and non-negotiable return ticket, valid for one (1) year, including proof of a certified banking institution from the country of origin guaranteeing the repatriation of the persons concerned in the event where they are not in a position to pay the expenses. 141. The citizens of States which have entered into a reciprocity agreement with the Republic of Niger to remove the visa requirement are authorised to enter Niger without visas. It must be noted at this stage that Niger is party to several ECOWAS Protocols, including those on entry, stay and movement of goods within the Community.

142. To facilitate integration within the ECOWAS and UEMOA zones, the holding of « national identity cards of member countries » has been instituted to enable holders of these cards to move freely within the Community. 143. This legal opening is overly exploited by the migrants of ECOWAS countries who enter en masse into Niger (their numbers cannot be controlled because majority of them are not registered at the border posts). Though the free movement of persons and goods as set out in the ECOWAS texts is basically intended to ensure human and social integration of the populations concerned, it must be underscored that however laudable this goal may be, it is completely misrepresented by asylum seekers who migrate to Europe via the Maghreb. 144. The conditions of stay by foreigners are determined by the related Ordinance and its implementing Decree. Thus, to exercise a regulated professional activity, the foreigner must justify the possession of a work contract approved by the competent departments of the Ministry responsible for the work or an authorisation from the departments concerned. 145. The foreign student must obtain a residence permit, a registration or enrolment certificate in a faculty, a school or private educational institution. The foreigner staying for purposes of tourism must abide by the commitment not to engage in any professional activity unless a subsequent authorisation to do so (Article 15 of the aforementioned Ordinance) has been issued. 146. The foreigner must show proof of sufficient means of subsistence if he does not intend to undertake any professional activity or in case he/she is a tourist or student. The residence permit shall be withdrawn in the event of expulsion, long stay (6 months) outside Niger, lack of employment or regular resources for more than 3 months, in case the resident permit was issued on the basis on false information, identity cards or documents. 147. With regard to the renewal of the residence permit, the law stipulates that it can only be done where the foreigner has fulfilled the same conditions as in the case of his establishment, which is the justification of resources or the exercise of a professional activity. The applicant must also support the application with a medical certificate issued by a doctor resident in Niger. This application for renewal must be filed by the person concerned during the last quarter preceding the expiry of the validity of the residence permit. 148. Any foreigner living in Niger, must, by a period of 3 months after his arrival, have a residence permit. The exercise of a paid or unpaid professional activity may be prohibited or subjected to authorisation by Decree. 149. The law however provides rules to the contrary for purposes of safeguarding national security, public order, health or public morality, or the rights and freedoms of others. The measures must be consistent with the other rights established by the International Covenant on Civil and Political Rights. 150. With regard to the arbitrary deprivation of the right of entry into one’s own country, Article 16 of the Constitution stipulates that “No citizen may be compelled to go into exile or be deported. The pressure to go into exile or deportation of a citizen is considered as a crime against the nation and punishable by law”. In its recent history, Niger has not recorded any case of this kind of pressure or any such case that has been publicly declared. 151. Following the Libyan, Ivorian, Malian, Central African and Nigerian crises, there was a massive return of Nigerien citizens residing in these countries (about 300,000) in addition to more than a hundred thousand refugees, mostly of Malian nationality. The authorities, with the support of the technical and financial partners put in place a reception and welcome arrangement, to provide care and assist in the repatriation of those who so desired.

2°) The right to security 152. The enjoyment of the right to security is guaranteed by the State through the mobilisation of defence and security forces: National Police, National Guard, Gendarmerie and the Armed forces to ensure social tranquillity. Patrols are carried out both day and night by these forces 24 to provide security for the population. Joint patrols (involving several groups of defence and security forces) are also organized periodically and these actions made it possible to dismantle several criminal gangs and to fight against criminal organisations. Furthermore, the unity of the emergency crime police was reinforced in terms of its operations and its personnel considerably increased. 153. It can further be noted that special units were created to address the challenges posed by the porous borders. At this level, joint patrols were organized with the neighbouring countries (Mali, Nigeria, Chad and Algeria), as part of Inter-State agreements aimed at wiping out residual banditry and combating terrorism. 154. Within the framework of the Conseil de l’Entente, the meeting of Ministers of Security of the Member States was enlarged to bring Mali on board, and at its meeting held on 27 March 2002 in Niamey, it adopted the following resolutions: 1) combating police harassments on the highways; 2) establishment of an information system on security issues. 155. These measures were adopted to encourage the Member States to establish a communication network among their security agencies on the one hand, and still within the context of the same network, to look for and disseminate information on subversive groups, armed robberies, organized carjacking , child, drug and arms trafficking etc., on the other. 156. However, notwithstanding the existence of this mechanism, some violations have been observed since the presentation of the initial report by Niger. This applies to the issue of the conflict that broke out in February 2007 between the Nigerien Justice Movement (MNJ) and the Nigerien armed forces which led to the death of several persons and contributed to the kidnapping of expatriates working mostly in the major nuclear groups working in the northern part of the country. Over the same period, cases of mine laying in some towns also came to light, particularly in places such as Niamey, Tahoua and Maradi. In August 2008, in Gouré (Zinder region), at a time when former rebels were handing over arms, a mine exploded, killing one person instantly and injuring others.

157. In July 2007, the MNJ kidnapped a Chinese executive of the Chinese firm CNEC (China Nuclear Engineering and Construction Corporation). On 22 June 2008, four executives of the French Nuclear Group, AREVA were kidnapped in a uranium mine (SOMAIR) by members of the Nigerien Justice Movement (MNJ). On 14 December 2008, the United Nations Secretary General’s Special Envoy to Niger, Mr. Robert Fowler, his Assistant, Mr. Louis Guay, both of Canadian nationality, and their Nigerien driver were kidnapped about forty kilometres away from Niamey, while they were returning from the Samira goldfield site. 158. During this war in 2007 between the army and the MNJ rebels, in an attempt to preserve the security of foreigners, the Government declared a state of emergency in the Agadez region in August 2007. This measure made it possible to significantly improve the security situation, finally leading to the peace agreements between the two parties. The implementation of these agreements (in the area of demobilization, disarmament and integration of ex-combatants) and the creation of the High Authority for the Restoration of Peace and Consolidation of Democracy assisted in establishing sustainable peace in the country. 159. Programming Acts for 2008-2013 were passed to strengthen the capacity of the defence and security agencies. These laws, among others, made it possible to recruit 1000 additional personnel every year for each of the security agencies, namely the police force, the gendarmerie and the armed forces. The laws also made it possible to provide these forces with substantial material resources. 160. In December 2009, Al-Qaeda in the Islamic Maghreb (AQIM) claimed several attacks against the positions of the Nigerien defence and security forces and the abduction of expatriates. These mainly included: - The attack on the Tiloa military base on 8 March 2010 ; 25

- The abduction of the Frenchman Michel Germaneau in In Abangharit, on 20 April 2010. He was killed three (3) months later by his abductors on Malian soil ; - The abduction of seven (7) expatriates working for AREVA and SATOM companies, on 16 September 2010 in Arlit. The hostages were made up of five (5) French nationals, one (1) Togolese and one (1) Madagascan. They were all freed through the efforts of the Government of Niger. 161. The occupation of the North of Mali by terrorist forces and drug traffickers in 2012-2013 compelled the Government of Niger to make a substantial increase in the budgetary allocation to ensure the security of its territory. The Government had to resort to a supplementary budget to support the war effort mainly due to the deep involvement of the Nigerien armed forces in the liberation war of territories occupied in Northern Mali in order to maintain the security of its own territory. This participation cost Niger reprisal attacks from these terrorists who carried out three attacks in May and June 2013 in the mining city of Arlit, the Agadez garrison and the Niamey prison, which attacks were quickly put down by the defence and security agencies. 162. As a response to the terrorist activities, the neighbouring States of the Sahara (Niger, Mali, Mauritania and Algeria) created a joint command based in Tamanrasset (Algeria). Bilateral Agreements were also signed between the States to strengthen surveillance and tracking of the terrorist groups. One of such agreements was the one between Niger and Mali. 163. The Government, through the National Commission for the Control and Collection of Illicit Weapons (CNCCAI) and its partners, mainly the UNDP and the International Organization for Migration (IOM) thereafter started with the mine clearance in some of these zones. Similarly, in collaboration with its technical and financial partners, the Government initiated many training and sensitization sessions on the dangers posed by these mines. Furthermore, several training sessions on the management of emergency situations and international humanitarian law were organized for the Defence and Security Forces (FDS). 164. It is important to note that a major innovation was introduced in the Constitution of 25 November 2010, which instituted in Article 65 thereof, a National Security Council, to deal with issues of national security and defence as well as the vital and strategic interests of the Nation. 165. To strengthen the mechanism for the crackdown on acts of terrorism, a special judicial unit for the fight against terrorism was established at the Niamey Special Regional Court of Justice, through Ordinance 2011-11 of 27 January 2011 (amending Law No. 2004-50 of 22 July 2004 on the structure and competence of courts in the Republic of Niger. 166. Recently, new initiatives were developed around a strategy dubbed “Integrated Strategy for the Sahel” with the objective of alleviating poverty to effectively address the determinants of insecurity prevailing in the zone. These initiatives which fall within the overall framework of peace and development are supported by organizations such as the European Union, the United Nations System, and the African Union etc. 166bis. Finally, it must be noted that Niger became a member of the Sahel G5 in February 2014 on the initiative of the Heads of State of Burkina Faso, Mali, Mauritania, Niger and Chad.

CHAPTER 2: ECONOMIC, SOCIAL AND CULTURAL RIGHTS 166. bis The analysis of economic, social and cultural rights comprises the review of progress made to ensure a better enjoyment of rights relating to property, labour, health, education, culture, housing, social security, food, water and sanitation and a right to the protection of the family.

A. PROPERTY RIGHTS (Article 14) Legislative and practical measures taken to ensure the peaceful enjoyment of property rights. 167. The protection of property rights is guaranteed by the Constitution which stipulates in Article 28 that “Every person has the right to own a property. No person can be denied his or her property unless for purposes of public interest but subject to a fair and prior compensation”. Article 27 of the same Constitution stipulates that “The household is inviolable. No search, arrest or questioning may be ordered unless under the conditions and procedures prescribed by law.” 168. Moreover, the Nigerien Criminal Code, in Articles 306 to 377 thereof, devotes a full Chapter to crimes and offences against property. For example, Article 271 of the Criminal Code states that “Any individual, who enters the premises of another person by using threats or violence, shall be punishable by a term of imprisonment of between three months to two years and a fine of 10.000 to 100.000 francs or one of the two punishments only.” The criminal courts ensure the effective implementation of these provisions. They are equally competent just as the civil courts to rule on possible civil damages in case the victim suffers an injury. Status of laws governing the conditions and modalities for nationalisation and expropriation of property, including the conditions that have been instituted to ensure that the procedures are transparent and are in the general interest. 1. Legislation 169. Several texts govern the conditions and modalities for nationalization and expropriation of property in Niger. They include, among others: - Law No. 61-37 of 24 November 1961 governing expropriation in the public interest and temporary occupation, amended by Law No. 2008-37 of 10 July 2008 ; - Ordinance No. 99-50 of 22 November 1999, on the determination of rates for the disposal and occupation of State lands in the Republic of Niger; - Decree No. 2009-224/PRN/MU/H of 12 August 2009 laying down the implementation modalities of specific provisions of Law No. 61-37 of 24 November 1961 governing expropriation in the public interest and temporary occupation, amended by Law No. 2008-37 of 10 July 2008, on unintentional movement and resettlement of the population. 2. Procedure for expropriation in the public interest 170. According to Article one (new) of Law No.2008-37 of 10 July 2008 amending and supplementing Law No. 61-37 of 24 November 1961 governing expropriation in the public interest and temporary occupation, “Expropriation is the procedure by which the State, in the public interest and subject to fair and prior compensation, can compel a person to assign ownership of a building. Expropriation can only be invoked when public interest has been declared and that the prescribed formalities have been complied with as indicated in Chapter 2 of this Title (…)”. 171. Thus, expropriation can only be foreseen in the case of an immovable property. In the event where the authorities want to enter into possession of the property, they should first and foremost establish proof of public interest justifying that action and proceed to the payment of a fair and prior compensation to the owner of the property being expropriated. The public interest is invoked by decree of the Council of Ministers based on the joint proposal by the Minister of Finance and the Minister under whose jurisdiction fall the public works to be executed, the operations to be carried out or the measures to be implemented. The declaration of public interest is followed by an investigation conducted by an investigative commissioner. The property to be expropriated shall be designated only after the investigation has been validated. The expropriating authorities then notify the owners concerned, the deed identifying the properties covered by the expropriation, and thereafter start the compensation 27 procedures. The declaration of public interest may be opposed at the Council of State level, as an appeal can be made before it for abuse of power. Measures taken to ensure that the compensation made for public acquisition of property actually compensates the rights of the individual or the larger interests of the society 172. The fair and prior compensation referred to by the Law in matters of expropriation in the public interest presupposes either an amicable settlement between the authorities and the owners of the properties to be expropriated, or the determination by a special court of the amount of compensation based on objective criteria provided to it by the parties. In any case, the compensation is paid prior to the assignment of the property. Measures taken to ensure that members of vulnerable and deprived groups, particularly indigenous communities/populations that are victims of historical land injustices have access to and independent use of their lands and have the right to claim their ancestral rights and that they are duly compensated for the destruction or historical and current alienation of their wealth and resources 173. There are no indigenous peoples in Niger. For this reason, there is no issue at all regarding this matter.

Measures taken to ensure equality and non-discrimination in gaining access to, acquiring, possessing, inheriting and controlling land and houses, especially by women and low- income groups 174. Gaining access to, acquiring, possessing, inheriting and controlling land and houses are rights accorded without any discrimination to all citizens of Niger. However, the inheritance system in favour of women poses a lot of difficulties, especially when done according to customary practice. In fact, in Niger, the legal regime of inheritance is marked by the existence of two groups of relevant rules: law and custom. Though, under the law, the egalitarian principle is not subject to any restriction, customary practice, where it is applicable, establishes an unequal inheritance system between men and women, as the latter is condemned into receiving just half of the inheritance given to men. The difficulty lies in the practical implementation of the texts in this area. In fact, the principle is that no custom which is found to be at variance with the laws and/or Conventions duly ratified by Niger can thrive. But the courts often are hesitant to implement this principle and generally, the parties do not complain about them. However, the victims always have appropriate legal remedies to make their cases heard (national and regional courts).

B.RIGHT TO WORK (Article 15) 175. It is established under Article 33 of the Constitution of 25 November 2010 under which states that “The State accords the right to work to all citizens and strives to create the right conditions for the actual enjoyment of this right and guarantee the worker a fair wage for his/her services and production. No person can be a victim of discrimination at his/her workplace.” Legislative and administrative measures taken to prohibit slavery, forced labour and economic exploitation of children and other members of vulnerable and deprived groups (provide details of criminal laws and examples of the implementation of these laws) 176. The offence of slavery was introduced into the Nigerien Criminal Code following the passage of Law No. 2003-25 of 13 June 2003. Under the terms of Article 270.1 of the aforementioned Code, “slavery is the state or condition of an individual on whom the attributes of property right or some of them are exercised; “The slave” is the individual who has this status or condition. The “person under a servile condition” is one who is placed in a status or condition which results from one of the institutions or practices of slavery, in particular:

1) servitude or any other form of submission or absolute dependence on a master; 2) any institution or practice under which: a) a woman, without the right to refuse, is pledged to or given in marriage in return for a consideration in cash or in kind to be paid to the master; b) the master of a woman considered to be a slave has the right to give her out to a third party, for consideration or otherwise; c) the master has the right to have sexual intercourse with the slave girl; 3) any institution or practice under which a juvenile of less than eighteen years, is given out by his parents or by his guardian, by his master or the master of one or both parents , a third person for payment or no payment for purposes of exploitation of the person or the person’s labour.” 177. Article 270.2 punishes the authors or accomplices of this offence with a term of imprisonment of between 10 and 30 years and a fine of between 1,000,000 and 5,000,000 CFA francs. To demonstrate his determination to prevent and deter the offence of slavery, the Nigerien lawmaker, through Article 270.5 of the aforementioned Code, recognized the right to exercise civil action for reparation of injury caused by offences to the criminal law on slavery by any association duly registered for at least one year prior to the date of the events and, according to its statutes, with a set objective of combating slavery or related practices. 178. The review of the Labour Code in 2012 by Law No.2012-45 of 25 September 2012 also prohibited forced or compulsory labour and at the same time, it took into consideration the worst forms of child labour. Under the terms of Article 4 of the aforementioned law, “Forced or compulsory labour is prohibited. The term “forced or compulsory labour» means any work or service exacted out of an individual under threat of punishment of any kind and for which the said individual did not willingly accept. The fact of requesting forced or compulsory labour is an offence punishable under this Code…” Article 107 also states that “(…) In any case, the worst forms of child labour are prohibited. The worst forms of child labour are: 1. Any forms of slavery or related practices, such as the sale and trafficking of children, servitude for purposes of debt and bondage, including forced or compulsory labour as well as forced or compulsory recruitment, including forced or compulsory recruitment of children for their use in armed conflicts; 2. The use, recruitment or offer of a child for purposes of prostitution, production of pornographic material or pornographic performances; - 3. The use, recruitment or offer of a child for illicit activities , especially for the production and trafficking of narcotic substances asset out by related international conventions; 4. Jobs which by their very nature or conditions in which they are carried out, are likely to endanger the health, safety and the morality of the child. The fact of subjecting a child to the worst forms of child labour is punished in accordance with the provisions of this Code. The list of jobs indicated in this Article and the categories of companies from which children are prohibited have been laid down by regulations.” 179. Article 337 of the same Code punishes offenders of the provisions on the prohibition of forced or compulsory labour with a fine of between five hundred thousand (500,000) and two million (2,000,000) CFA francs and an imprisonment of between two (2) and (5) years or one of the two punishments. In the case of a repeat offence, the fine is doubled and the term of imprisonment is between ten (10) and fifteen (15) years.

180. To guarantee decent and productive work, Niger has to date ratified 36 ILO Conventions including the eight (8) fundamental conventions. These instruments were translated into national languages. The labour inspectors and controllers ensure the implementation of this social legislation. There are 9 labour Inspectorates in the country. The teaching of the International Labour Standards (ILS) was introduced into the training curricula of the National School of Administration and Magistracy (ENAM). 181. Finally, to be able to appropriately handle issues of employment and social security, a Ministry of Employment, Labour and Social Protection was established in 2013. Legislative and administrative measures taken to promote the right to form a union (the collective bargaining right and the right to strike) 182. The trade-union rights are established first of all in Article 34 of the Constitution of 25 November 2010 according to which “The State recognizes and guarantees union rights and the right to strike which are exercised under conditions set out in the prevailing laws and regulations.” The new Labour Code and the General Statute on the Civil Service reaffirmed union rights already accorded to workers both in the public and private sectors by amending some laws. In fact, Article 183 of the Labour Code states that “Persons exercising the same profession, similar trades or related professions leading to the establishment of selected products or the same liberal professions can freely form a professional union. Any worker or employer can freely join a union of his choice as part of his/her profession. The same applies to persons who have stopped working or left their profession subject to having exercised this profession for at least one year.” According to Article 320, “All salaried workers have the right to strike according to conditions and procedure set out in the first section of this Chapter. They cannot be dismissed for striking unless for reasons of gross negligence.” 183. Law No. 2007-26 of 23 July 2007 on the General Statute of the Civil Service sets out in Article 15 that “the right to strike is accorded to employees of the Civil Service for the defense of their material, moral and professional collective interests. It is exercised under conditions prescribed by law”. Freedom of association is guaranteed by union pluralism with the establishment of thirteen (13) labour federations, non-affiliated unions and two (2) employers’ organisations. Details on efforts made to ensure satisfactory protection from arbitrary, unfair and unjustified dismissals and induced resignations as well as other unfair labour practices 184. Discipline among public sector employees is administered through a long and rigorous procedure, from investigations to seizure of joint bodies made up of representatives of the Government and the workers’ representatives, before any final decision is taken on the case. This procedure is contradictory and the decision resulting from it can be appealed against in the competent courts. 185. Under the terms of Article 77 of Law No. 2012-45 of 25 September 2012 on the Labour Code of the Republic of Niger, “The fixed-term employment contract shall end at the expiry of the specified period without redundancy benefits nor prior notification. However, compensatory allowances in lieu of leave shall be payable. It can be terminated in anticipation only by force majeure, mutual agreement or gross negligence by one of the parties. Any termination declared in violation of the abovementioned rules shall result in payment of damages. Where the unlawful termination has been caused by the employer, these damages shall correspond to salaries and allowances of any kind which the salaried employee should have earned during the remaining period up to the expiry of the contract.” 186. Article 78 also states that “The fixed-term employment contract shall come to an end at any time depending on the will of the employee. It can be brought to an end depending on the

30 will of the employer if he has a legitimate cause relating to the capability or conduct of the employee or based on the compelling needs of the operations of the company, the establishment or the department. The following shall not be legitimate reasons for dismissal, among others: - The details referred to in Article 5 of this Code; - The fact of seeking office as, having acted or acting in the capacity of a workers’ representative; - The fact of having brought a complaint or participated in proceedings against an employer as a result of alleged violations of his obligations or presented an appeal before the competent administrative authorities; - The marital status, pregnancy, temporary leave as a result of illness or an accident.” 187. The termination of a fixed-term employment contract, except for gross negligence, shall be subject to the respect for prior notification to the employee. In any case, when the proposed dismissal is related to the conduct of the employee, the latter shall be informed and the actions imputed against him must be explained to him. Dismissals relating to economic or technical reasons or the organization of the company shall be in strict compliance with the law. It is mainly subject to consultation with the employees’ representatives and arbitration by the labour inspector. Dismissal under these conditions shall under no circumstances be carried out in a discriminatory manner. 188. Finally, the dismissal of workers’ representatives shall, in any case, be subject to the favourable decision of the labour inspector. In the event where the latter refuses, the employer shall avail himself of other remedies at the Ministry of Labour, and where necessary, appeal to the competent courts. Any dismissal of employees’ representative in disregard of these provisions shall be deemed to be without any effect. The Nigerien courts may, in any case, be seized by any worker who feels he has been a victim of unfair dismissal or any practice deemed to be unfair.

Practical measures taken to implement the right of every individual to earn their living by a work freely chosen and accepted (job creation) 189. One of the major concerns of the Government of Niger is employment creation, especially for young graduates. It set for itself a target in 2011 to create 250,000 jobs for the youth in the various growth potential sectors for the next five years. But by April 2011 to April 2014, already 470,226 jobs had been created including 86,777 permanent jobs and 383,449 temporary ones, distributed as follows in the following table:

Distribution of employment per sectors of activity Sectors of Business Permanent Temporary Total Jobs Jobs Jobs Agriculture/ Cattle rearing 1,217 56,220 57,437 Water Resources, Environment and 996 230,961 204,957 Sanitation Health 3,773 3 3,776 Education 25,883 0 25,883 Mining and Oil Industry 1,889 90 1,979 Water -Electricity 180 0 180 Warehousing -Transport-Communication 807 96,528 97,335 31

Building-Public Works and Town Planning 1,430 3,342 4,772 Bank-Insurance-Finance 1,563 0 1,563 Trade – Tourism – Arts & Crafts 2,002 11,021 13,023 Other Public Institutions 7,385 0 7,385 Public Sector -Total 47,125 371,165 418,290 Private Institutions 39,652 12,284 51,936 Total 86,777 383,449 470,226 Source: General Directorate of Employment and Integration of the Ministry of Employment, Labour and Social Security. The public sector and the private sector account for 88.96% and 11% respectively. 190. Out of the 47,125 permanent public jobs created, more than 20,241 represented the recruitment of young graduates into the public service. This shows a clear determination of the Government to reduce the unemployment of young graduates. During the same period, the Government also agreed to substantial increment of salaries for all employees in the public sector. The personnel of some sections of this sector benefitted from significant improvements in their working conditions especially with the adoption of independent statutes in their favour. That particularly is applicable to the personnel of the health sector. 191. For non-civil servants, the government adopted two decrees on 17 August 2012 and the first (Decree No. 2012-358/PRN/MFP/T) established new minimum salary thresholds, taking into account the cost of living, per occupational group and per category for workers governed by the Inter-Professional Collective Bargaining Agreement. 192. The second (Decree No. 2012-359/PRN/MFP/T of 17 August 2012) sets out the hourly rate of the guaranteed minimum wage (SMIG) which is now 173.35 francs for all workers, or 30,047 francs monthly salary. It was 18,898 CFA francs between 1997 and 2008 and 28,347 CFA francs from 2008 and 2012. 193. As part of the development and implementation of the new Poverty Reduction Strategy, in 2009, Niger adopted the National Employment Policy Framework Document which must be taken into account in any national or regional and local economic and social development. The document comprises all the priority aspects to be translated into operational action programmes and projects to be carried out within the framework of the implementation of the Accelerated Poverty Reduction Development Strategy. In this respect, an emergency programme dubbed the “Three-year Action Programme for the Promotion of Youth Employment in Niger 2010-2012” has been adopted. 194. The public employment agencies found out that at the end of 2012, Niger had 6,782 businesses as against 6,600 in 2011, or an increase of 182 new enterprises established. The number of employees employed by these enterprises stand at 94,992 salaried employees (as against 82,321 in 2011), accounting for an increase of 12,671 new jobs recorded in the private sector. The distribution of these enterprises per business category is as follows:

Distribution of institutions per branch of activity and per group of employees in 2012

100- 200- 250- 500 et 0-9 10-14 15-19 20-49 50-99 TOTAL Workforce 199 249 499 + Agriculture Hunting and 254 Fishing 105 64 41 28 15 1 0 0 Extractive Industries 3 2 1 8 11 3 2 3 33 Manufacturing Industries 1,013 141 104 74 36 17 6 4 2 1,397 Electricity, Gas and Water 127 64 60 5 9 8 2 4 1 280 Public Works and 903 Buildings 568 192 25 26 14 76 2 32

Transportation, Warehousing and 796 226 157 132 9 96 94 53 1,563 Communication Trade Hotels and 717 Restaurants 615 52 18 11 8 5 2 6

Banking Insurance and 349 Loans 194 32 9 17 93 4 0 Social Services 675 318 108 107 41 15 11 8 3 1,286 Overall Total 4,093 1,092 524 401 233 233 120 77 9 6,782 Source: Nigerien Employment Promotion Agency 195. In 2012, 23,442 people applied for jobs and the figures were recorded by the ANPE and private employment placement organizations.

The following table presents the characteristics of these job seekers:

Applications recorded by age and sex Less + 60 Sous Age 18 - 21 22- 24 25- 29 30-39 40 - 49 50 - 59 TOTAL than 18 ans total

Women 15 420 939 1,379 1,276 333 50 11 4,423 23,442 Men 85 1,679 3,432 5,405 5,690 2,081 552 95 19,019

Total 100 2,099 4,371 6,784 6,966 2,414 602 106 23,442 23,442

Percentage 0.43% 8.95% 18.65% 28.94% 29.72% 10.30% 2.57% 0.45% 100.00% Source: Nigerien Employment Promotion Agency 12 558 job offers were recorded in 2012 out of which 12,553 vacancies were filled, representing a satisfaction rate of 99.96%.

Job Vacancies filled according to lines of business and sex

Transportation Electricity Public Businesses Banking Extractive Manufacturing Warehousing Social Agriculture Gas and Works and Hotels and Insurance Industries Industries and Services Sub Water Construction Restaurants Loans Sex Communications Total Total

505 1,746 905 495 964 1,064 739 332 5,808 12,558 12,558

Male 397 1,344 824 418 929 630 544 179 3,953 9,218 12,553

Female 108 397 81 77 35 434 195 153 1,855 3,335 Source: ANPE The trends observed among salaried employees from 2008 to 2012 both in the private and and semi-public orgnanizations and the Civil Service are presented in the following tables: Private and Semi-public –Salaried Employees according to occupational category Occupational Categories 2008 2009 2010 2011 2012 Overall 63,214 61,053 70,608 82,321 94,992 Apprentices 1,412 1,127 1,302 1,372 5,200 Labourers 6,562 6,194 7,539 9,038 14,407 Highly Skilled Junior Workers 12,762 9,958 7,498 8,449 16,999 Qualified Workers 8,005 10,039 10,981 13,856 17,091 33

Office Workers 22,308 21,729 25,737 29,692 15,600 Supervisers 8,373 8,155 12,957 13,905 13,845 Engineers, Senior Managers 3,792 3,851 4,594 6,009 11,850 Source: ANPE/Statistical Yearbook of Niger 2009-2013

Civil Service Staff by Status and Sex as at 31 December Status-Sex 2008 2009 2010 2011 2012 Overall Total 35,065 34,682 40,404 40,857 48,206 Men 24,891 24,545 28,229 28,264 32,423 Women 10,174 10,137 12,175 12,593 15,783 Public Office holders Total 28,044 28,186 34,017 34,213 41,611 Men 19,332 19,446 23,186 23,011 27,203 Women 8,712 8,740 10,831 11,202 14,408 Ancillary Staff Total 6,239 5,736 5,534 5,361 5,252 Men 4,876 4,435 4,287 4,117 4,028 Women 1,363 1,301 1,247 1,244 1,224 Contract Workers Total 782 760 853 1,283 1,343 Men 683 664 756 1,136 1,192 Women 99 96 97 147 151 Source: ANPE/ Statistical Yearbook of Niger 2009-2013

196. The ANPE also leads to several support programmes for the job-seekers. They include, among others: -The Integration Programme for Young Graduates (PIJD): meant to initiate the beneficiaries into professional life. This programme consists in providing a six-month internship in business enterprises, renewable once. It is intended for young Nigerien graduates looking for their first jobs. As part of this programme, 444young graduates were integrated into internship programmes for initiation into professional life in 2012. - The Integration Programme into Small and Medium-Scale Enterprises (PIPME) which is meant for young school dropouts and the illiterate ones between 15 and 30 years, the objective of which is to teach the beneficiaries a technical trade. In 2012, 176 young persons were trained in technical trades in the following areas: auto-vehicle mechanics, wood and metal works, welding and locksmith trade. -The Self-Employment Programme is intended for job-seekers who have developed micro- enterprise initiatives and projects. It is based on the young promoter in the different stages of the development and implementation of his business plan, particularly in the area of feasibility, sourcing of funds and project implementation stages. In 2012, 58 promoters were trained; the breakdown was 31 in Niamey and 27 in Tahoua. - The Retraining Programme for the Unemployed (PRC) is meant for job-seekers whose profile requires additional training in order to meet the current needs of the job market. It aims at providing additional short-term training for the beneficiaries to develop their profile to meet current job demands. In 2012, 62 job-seekers from the Tahoua and Tillabéry regions were given training in computer science, dressmaking and maintenance of agricultural equipment.

197. In terms of vocational training, in an effort to ensure greater effectiveness, the Government undertook several initiatives aimed at establishing new vocational and technical training institutions or strengthening already existing ones through the establishment of institutions with growth potential. In fact, until 2010, Niger had only two vocational and technical schools. But between 2010 and 2014, six (6) new ones have been established, which shows the critical importance government attaches to the education sector. The objective of the Government is to ensure in particular that eventually, 60% of Nigerien children get access to the vocational and technical centres at all levels, in particular at the primary, secondary and tertiary levels. By 2016, Niger hopes to attain a 25% attendance rate for Nigerien children who will attend vocational and technical training centres whereas the rate was only 8% in 2010. By this option, the Nigerien government intends to provide Nigerien children, with a trade after they leave school and also contribute to the development of the country. In the same vein, the government has started a process of establishing a technology university in all the regional capitals in educational domains that will be specifically geared towards the use of the country’s own resources. 198. It should also be noted that the creation of the Continuing Vocational Training and Apprenticeship Assistance Fund in 2008 (F.A.F.P.C.A.) was aimed at contributing to the implementation of government policy in the area of continuing vocational training and apprenticeship for the socio-economic development of the private sector. Similarly, a Centre for Arts and Leather Craft Works of Niger (CMCAN) and a National Employment and Vocational Training Observatory (ONEF) were established in 2010 and 2012 respectively. Legislative and administrative measures taken to guarantee the right of every individual to fair and satisfactory working conditions (occupational hygiene, equal pay for equal work, rest, leisure and a reasonable limit to working hours, periodic paid vacation, paid public holidays and parental leaves) 199. Both the new Labour Code and the new General Civil Service Statute of the State reaffirm the old provisions relating to the development of fair working conditions for all. Thus, non-discrimination is an unavoidable requirement in the enjoyment of working conditions particularly, rest, leisure, limitation of the working hours (viewed against the nature of the work, and the sector of activity), periodic paid vacation, paid public holidays and parental leaves. Legislative and administrative measures taken to guarantee equality and non- discrimination in access to decent work, to the development of members of vulnerable and disadvantaged groups without any discrimination whatsoever 200. In the State’s civil service, the principle of equal access to public employment is a fundamental one and no discrimination is allowed between nationals fulfilling the required conditions for the jobs concerned. In the same vein, Article 5 of the new Labour Code states that “Subject to the express provisions of this Code or to any other legislative or regulatory text protecting women and children including the provisions governing the condition of foreigners, no employer can take into account the sex, age, national or social origin, race, religion, colour, public and religious opinion, disability, HIV/AIDS, sickle cell anaemia, membership or non-membership of a union and the activities of a workers’ union to stop the decisions concerning, in particular, hiring, management and distribution of work , vocational training, promotions, development, remunerations, granting of fringe benefits, discipline or the termination of a work contract. Any contrary provision or act shall be null and void.” Articles 338 et seq of the same Code penalize offenders of these provisions with terms of imprisonment or of a fine. 201. However, it must be underscored that persons with disabilities enjoy a positive discrimination during recruitments both in the public and private sectors. In fact, under the terms of Article 21 of Ordinance No. 93-012 of 2 March 1993 setting out the minimum rules on social protection for persons with disabilities, any public or private institution employing

35 at least 20 salaried workers must reserve 5% of positions for persons with disabilities. Thereafter, Law No. 2012-45 of 25 September 2012 on the Labour Code of the Republic of Niger establishes the same positive discrimination in Article 10 which declares that “Any employer must reserve at least 5% of vacant positions for persons with disabilities…” The implementation of the provisions of this Article made it possible to recruit about 300 persons with disabilities between 2007 and 2014. 202. To strengthen the non-discrimination based on disabilities, Article 339 of the Labour Code makes it punishable by “a fine of five hundred thousand (500 000) to one million (1000 000) francs, for any employer who uses the disability of person as grounds for decision- making concerning, in particular, the hiring, the management and distribution of work …”. 203. The constraint in this area is the shortage of decent work due to the predominance of informal sector activities, notably in the rural communities and in the agricultural sector, the low implementation of standards and the lack of a match between demand and supply. But the growing development of the private sector, the revitalization of activities in the mining and oil sectors, and especially the avowed political will of the authorities to make employment a priority are promising signs.

C. RIGHT TO HEALTH (Article 16) 204. The right to health has always been taken into account by the different Constitutions of Niger. In this regard, Article 13 of the Constitution of 25 November 2010 states that “Any person has the right to enjoy a better physical and moral health. The State shall guarantee the establishment of ideal conditions for the provision of medical services and medical assistance to all in case of illness. The law sets out the implementation modalities of this provision.” 205. Other texts also guarantee the enjoyment of this right by the population. They include Ordinance No. 93-13 of 02 March 1993 instituting a Code of Public Hygiene, Law No.2006- 12 of 15 May 2006 on Anti-Tobacco Campaign, Law No.2007-08 of 30 April 2007, on prevention, care and control of the Human Immune Deficiency Virus (HIV), Ordinance No. 97-002 on pharmaceutical legislation, Decree No.2005-316/PRN/MSP/LCE, granting free services to women in respect of Caesarean operations carried out in Public Health Institutions , Decree No. 79/MSP/LCE/ME/F on free antenatal consultation and healthcare of children between 0 and five years and Law No.2006-16 of 21 June 2006 on Reproductive Health in Niger. Legislative and administrative measures taken to guarantee the supply of essential drugs to those who need them as defined periodically in the WHO programme of action on essential drugs, and in particular antiretroviral drugs

206. In the area of production, supply and distribution of medicines, Niger has one unit for the production, supply and distribution of drugs, seventeen (17) purchasing depots and a network of public (44) and private (119) pharmacies as well as ninety-one (91) community and village depots. The government budget for the purchase of drugs, reagents and consumables does not always meet the coverage of these products. It was 1,758,187,033 CFA francs in 2009, 778,448,395 CFA francs in 2010, 622,983,730 F CFA in 2011, 1,135,279,560 CFA francs in 2012 out of which 778,448,395 CFA francs were mobilized as well as 1,426,712,540 FCFA. It must however be noted that partners contribute to the improvement in the availability of medicines and medical consumables, especially ARVs, anti-malarial drugs, reagents and anti- tuberculosis drugs etc. The level of stock-outs of essential drugs has significantly reduced but it remains higher than the target. Furthermore, the system of free treatment accorded to certain categories of tuberculosis, leprosy, HIV, gynaecological cancers and ailments of children under five (5) years promotes access to certain basic drugs. The existence of an illicit informal market is a real public health concern in Niger. The Government has stepped up its awareness creation campaigns on the dangers of this phenomenon. At the same time, seizures

36 and destruction of this low quality, fake, wrongly-labelled or counterfeit drugs are organized on regular basis. Legislative and administrative measures taken to ensure universal immunization against the most infectious diseases as well as measures to ensure prevention, treatment, control of epidemic and endemic diseases 207. The implementation of the Expanded Programme on Immunization (EPI) 2002-2006, with the assistance of the GAVI programme made it possible to improve the immunization performance with effect from 2003. The coverage rate for the DTC3 increased from 31% in 2001 to 52% in 2003. The BCG was 67% and the VAR, 60% in 2003. The rate of coverage of DTC3 increased from 75% in 2007 to 97.3% in 2008, which was an improvement way beyond the 2008 target of 65%. This performance is due to the improvement, among others, in the supply of vaccines, and the ones obtained by the MSP on behalf of GAVI, the European Union, China and the Common Fund. 208. It must be noted that Niger, with the assistance of the technical and financial partners, has more than doubled the coverage of the DTC vaccines in the last ten years (36% in 2001 according to the 2001 EPI review and 75% according to the 2010 EPI partial review- WHO/UNICEF coverage). National Immunization Days have been organized to complement the EPI as a matter of routine for immunization against poliomyelitis with the aim of achieving 100% coverage for children of between 0 and 59 months, representing 21.3% of the population. 209. The proportion of children fully immunized was 51 % in 2010 (ESM 2010) and 52% in 2012 (Multiple Indicator Demographic and Health Survey-IV 2012) with variations of 73% in Niamey and 42% in Diffa. However, a decline in the rate was observed in the coverage of Penta 3 which dropped from 78 % in 2010 to 68% in 2012 (EDSN-MICS-IV 2012).

210. It is important to emphasize that the efforts of the Government of Niger to ensure universal immunization are confronted with economic difficulties. The main weakness identified is the mode of financing of vaccines and the immunization activities. In spite of the existence of a budgetary line for the vaccines, the appropriations and the payment of the expenses are inadequate, a situation that has led to disruptions in the flow of vaccine stocks. 211. In spite of the political will expressed on many occasions and the efforts made over the years, the health situation is still worrying and it is characterized by the predominance of many transmissible endemic and endemo-epidemic diseases: malaria, cholera, meningitis, tuberculosis and the emergence of non-transmissible diseases (hypertension, diabetes, cancers, sickle cell anaemia and mental ailments …). Moreover, the excessive vulnerability of the country brings about an almost regular onset of emergency situations (food crises, natural disasters) which the country is always ill-prepared to face. 212. To improve the health situation, the Health Development Plan (PDS) has provided for the intensification of the fight against diseases targeted for integrated surveillance, capacity building of health facilities in detecting and providing healthcare, developing and implementing new strategies to manage diseases, with a lot of emphasis on primary prevention, integration of operational interventions in the PMA/PCA, on sensitization of the population about the major risk factors for diseases, the continued integration of traditional medicine into the health system and promotion of health, the promotion and extension of Telemedicine/Tele-health for an improved organisation and a more effective health care delivery for patients as well as the incorporation of climate change into health forecasts. 213. High-impact interventions have been identified and regularly carried out in respect of the following areas: - Fight against malaria : distribution of treated mosquito nets for children under five (5) years of age and pregnant women, Intermittent Preventive Treatment (IPT) among pregnant women, care for simple cases by using artemisinin-based combination therapies (for children, pregnant women and adults) and management of severe cases with quinine salts, environmental sanitation and communication for behavioural change ; 37

- Fight against HIV/AIDS : voluntary testing and provision of ARVs for children, pregnant women and adults, therapy for resistance among children and adults (first and second-line anti-malarial medicines), co-trimoxazole prophylaxis for pregnant women, adults and children of HIV-positive women and management of STIs; - Fight against tuberculosis: collection of slides of sputum within the community, decentralization /capacity building of laboratories, DOTS and re-treatment of patients infected with tuberculosis; - Fight against neglected tropical diseases: de-worming in the health facilities and during mass treatment campaigns, particularly for children and pregnant women, testing and management of complications (elephantiasis, hydrocoelis…); - Response to epidemics: a system of response to epidemics exists and response plans to the meningitis epidemics are developed in line with strategies recommended by the WHO. Funding remains one of the major problems for the management of epidemics because the MSP/LCE does not have permanently available funds when the need arises; - HIV/AIDS: an improvement was observed in the overall HIV prevalence rate which declined from 0.7% in 2006 to 0.4% in 2012. In fact, according to national HIV prevalence survey published by the Inter-sectoral Coordination for the Control of STIs /HIV/AIDS and the NGO CARE, the overall HIV prevalence rate among the population of Niger was 0.4% in 2012. Moreover, the cumulative number of sick persons under ARV treatment increased from 2846 at the end of 2008 to 10406 on 30 June 2012 including 547 children. The HIV prevalence rate among pregnant women received on their first visit for Antenatal Consulting dropped from 0.06% in 2006 to 0.03% in 2007. The HIV prevalence rate among pregnant women decreased from 1.7% in 2009 to 0.91% in 2012 (sentinel surveillance survey 2009 and 2012). The improvement can be attributed to the free healthcare consisting of ARV therapy, the adoption of a law on prevention, care and control of HIV/AIDS and the growing acceptance of voluntary screening. 214. Concerning non transmissible diseases, the following measures have been taken: - the introduction of a cancer Register since 1992; -the ratification of the WHO Framework Convention against Tobacco in 2005; - the adoption by the National Assembly of Law No. 2006-12 of 15 May 2006 on the fight against Tobacco; - the introduction of Decree No. 261PRN/MSP of 19 July 2007 instituting free services for female cancers provided by public health institutions. These services relate: consulting after testing, examinations, provision of care including radiotherapy, hospitalization, medical and surgical acts, medicines, control and monitoring matters; - organization of early testing campaigns and management of cancers; - construction of the National Anti-Cancer Centre in partnership with the International Atomic Energy Agency (IAEA); - adoption by the National Assembly of Law No. 2011-16 of 08 August 2011, on the establishment of a Public Administrative Institution dubbed “National Anti-Cancer Centre”; - adoption of Order No. 000016/MSP/SG/DGSP of 25 January 2012, on the establishment, structure and responsibilities of the National Programme to Fight against Non Transmissible Diseases (PNLMNT). Indicate how the national plans and policies adopted and implemented by the Government meet the requirements set out in paragraph 67 (6) to (18), in particular how the plans aim at ensuring access by all to care and adequate medical treatments in case of illness or accident. This should include the proximity of the individual to affordable and quality health services

215. After the adoption of the health policy in 2002, Niger also adopted the strategic health development guidelines for the first decade of the 21st century (2002-2011), and developed the 2005-2009 Health Development Plan (PDS) in accordance with the United Nations Development Assistance Framework (UNDAF), the National Reproductive Health Programme and the Roadmap for Actions aimed at Reducing Maternal and Neonatal Mortality in Niger (2006-2015). Currently, Niger is implementing the 3rd PDS covering the period (2011-2015). This PDS is fully consistent with the major axes of the national health policy, the Millennium Development Goals (MDGs), the Economic and Social Development Plan (PDES) 2012-2015 and the United Nations Development Assistance Framework (UNDAF).

216. The offer of care is ensured by a network of structured health institutions at three (3) hierarchical levels. At the peripheral level, there are 853 Integrated Health Centres (CSI), to which are linked 2510 health posts including 2368 functional ones (94.34%). The first referral care is provided by 33 District Hospitals (HD). Twenty-eight (28) District Hospitals (HD) are equipped with a surgical block out of which 26 are operational. At the regional level, second referral care is provided by 6 regional hospitals and two (2) regional referral maternity clinics. Seven (7) Mothers & Children Centres have been built and are operational. At the national level, three (3) national hospitals and a national referral maternity centre have been listed. Apart from these public institutions managed by the Ministry of Health, the health system comprises public health institutions under other public administrations (military garrisons, National Social Security Fund …) and private institutions (283 out of which there are 57 clinics, 36 physicians’ clinics and 5 non profit-making private hospitals) mainly oriented towards curative activities; they are concentrated in the urban centres.

217. The human resources of the health sector are 11,125 workers, out of which there are 648 contract workers, 2,465 community health workers, 842 ancillary staff, and 5,712 active staff. Some of them, including 232 are on secondment or on leave of absence. The active staff are basically made up of 958 doctors (1/16 420 inhabitants), 3782 nurses (1/4 159 inhabitants) and 943 mid-wives (1/3670 FAP) and 20 United Nations Volunteers (UNV). About half of the personnel (doctors, nurses and mid-wives) work in Niamey and in the other major urban centres. But, it must be noted that following the 2012 recruitment, 207 doctors out of 536 employed, have been posted to type II Integrated Health Centres (CSI). With forty-two (42) doctors posted to the HD, 38 of the 42 health districts (90%) have had the number of doctors increased. In a nutshell, 1,784 workers were recruited and they included 767 nurses, 232 midwives and 185 other executives.

Table N°2: Ratio of health personnel per number of inhabitants

Staff Number Population 2012 Ratios Ratios/WHO 15 730 754 inhabitants Doctors 958 1/16 420 1/10 000

Nurses (IC, IDE, 3 782 1/4 159 1/5 000 TSSI) Midwives 943 1/3 670 FAP 1/5 000 FAP

The recruitment of personnel in 2012 significantly improved the medical staff/population ratios: The physician to population ratio which was 1/41200 in the second half of 2011 improved to 1/16420 in the second half of 2012. The nurse to population ratio also improved from 1/5660 in 2011 to 1/4159 inhabitants in 2012. Concerning the ratio of midwives to women of childbearing age (FAP), it improved from 1/5400 FAP in 2011 to 1/3670 FAP in 2012.

Health Financing 219. The health sector is confronted with the problem of mobilizing internal resources. The funds allocated to the sector are inadequate in the face of ever growing needs. Between 2004 (24.54 billion) and 2009 (70.38 billion) the budgetary allocation for the health sector increased but it dropped in 2010 (50.1 billion). The increase was inadequate since it boosted the budget per inhabitant by only 12 7821CFA francs, accounting for about 26 $ US (1 $ = 500 FCFA). 220. From 2011 to 2013, a total of 404,333,280,185 CFA francs was estimated, but an amount of 243,547,552,565 FCFA was mobilized and the expenditure was 222,831,055,758 FCFA, representing a 60% mobilization rate, showing a 91% rate of absorption and a financial implementation rate of 55%. The budget allocated to health in absolute figures increased from 60,785,016,621 CFA francs in 2011, then to 66,571,087,312 FCFA in 2012 and to 82,273,960,517 FCFA in 2013. 221. Thus, these budgetary allocations accounted for 6.36% in 2011, 4.53% in 2012 and 5.55% in 2013 respectively. Based on the commitments made by the Heads of State in Abuja in 2001 to allocate 15% of the Government budget to health, Niger will need to redouble its efforts to achieve the target within a reasonable period of time.

Graph No 4: Budget trends for the health sector in relation to the overall government budget from 2003 to 2012. 222. However, conscious of the poor performance in the area of health financing, the Government hopes to increase the financial allocations of this sector in the coming years. Health coverage 223. The physical accessibility (0 to 5 Km) by the population to facilities providing the minimum package of activities (PMA) is not making any significant progress. The rate was weak relative to the estimated target of 57% in 2012, improving from 46.91% in 2011 to 47.48%. This indicator increased very slightly from 42.67% in 2008 to 44.79% in 2009. Only Agadez and Niamey regions achieved the national target of 64.37% and 98.39% respectively. The lowest rate was observed in Zinder with 37.12%. The failure to comply with already established plans, inadequate staffing and the weak financing of public activities are partly to blame for this situation.

Current strategies to improve accessibility 224. Several strategies have been tested to improve access to services for the Nigerien population. They include, among others:

1 CNS 2011 40

- the organisation of pre-planned public activities which made it possible to promote the use of preventive care. The involvement of communities in exercising oversight responsibility over the project enhanced its sustainability; - the mobile clinics presented another type of strategy to develop access to healthcare. They implemented mobile activities to create access to healthcare for the people who were hitherto in very isolated locations. The addition of curative activities to these strategies improved the attractiveness of this type of healthcare. These strategies also helped to develop an information/sensitization campaign among the population (spacing of births, risk of HIV/AIDS), immunization activities, antenatal consultations and monitoring of infants; -the organisation of itinerant surgery; -the establishment of a social pharmacy and the introduction of a social fund in some national or regional hospitals to enhance financial accessibility; -the construction of health posts enhances access to healthcare by using Community Health Workers with extensive training; -the construction of integrated health centres, first contact health facilities to assist in quickly attending to the health needs of the population; -the policy for surgery at the District level has brought about an improvement in surgical services, in particular, obstetrical complications. In fact, the number of district hospitals with a functional surgical block increased from 8 in 2005 to 28 in 2012. 225. To provide access to vulnerable groups, the Government introduced free health care for Caesarean sections in 2005, including free care for children of less than 5 years of age, antenatal consultations, family planning consultations and female cancers in 2006. The total amount of invoices issued from 2006 to 30 November 2013 amounted to 44 881 246 036 FCFA out of which a total of 18 239 498 250 CFAF was paid back, accounting for 40.64% reimbursement rate. The main difficulties encountered in the management of the free healthcare, among others, were the late payments for bills, thus leading to stock-outs of pharmaceutical products. 226. The implementation of the free healthcare has brought about a definite and gradual improvement in several indicators, especially in the coverage of antenatal consultations and anti-measles vaccines, the contraceptive prevalence rates, management of obstetrical complications, Caesarean sections and assisted births by a qualified birth attendant and the use of curative methods. Legislative and other measures taken to ensure that any privatization of the health sector will not pose any threat to the availability, accessibility, acceptability and the quality of the property and services of health institutions 227. The practice of the health profession on private basis has been carried out with authorisation from the Ministry of Health which ensures that the practice does not have any effect on quality, accessibility and availability of healthcare. Law No. 98-016 of 15 June 1998 on authorization for private practice and its implementing Decree n° 98-329/PRN/MSP of 19 November 1998 set out the modalities and conditions for private practice by professionals in the health sector. 228. The health professions exercised privately are intended to be a contribution to the: - promotion of health among the population; - improvement of health coverage in the country; - socio-economic development of the population; - training of personnel and promotion of research in the health sector. 229. The control of private practice in the area of health and the operation of private health facilities is within the purview of the competent departments of the Ministry of Health and they touch on: - the conformity of infrastructure, personnel and equipment with the prevailing standards;

- the compliance and implementation of the legislative and regulatory texts; - the quality control of services. Legislative and other measures taken to protect individuals and the people from environmental, industrial and occupational hazards, by protecting air, soil and water pollution and minimizing the adverse effects of urban development, industrialisation, global warming and ensuring food security 230. In the area of hygiene and sanitation, the results achieved did not change significantly between 2008 and 2012. According to the EDSN-MICS IV, 81% of households did not have enough toilets in 2012. Concerning household garbage, only 47% were collected by the municipal authorities. The proportion of the population with access to a better sanitation system is currently 8.4% whereas hygiene and sanitation are critical health determinants. 231. In the area of access by the population to drinking water, considerable efforts have been made. In fact, the coverage improved from 50.1% in 2008 to 53.09% in 2011 (with variations depending on the locations extending from 48.04% in the rural areas to 73.70% in the urban communities) and 67% in 2012. 232. However, Niger has incorporated climate change into the priorities under the PDES for the period 2012-2015. It signed and ratified the United Nations Framework Convention on Climate Change (UNFCCC) on 11 June 1992 and 25 July 1995 respectively, then the Kyoto Protocol on 23 October 1998 and 17 March 2004 respectively. It is equally a party to the Libreville Declaration on the establishment of the Strategic Alliance for Health and the Environment and the Luanda (Angola) Declaration, calling on African countries to implement a set of important public health measures to improve the capacity for adaptation of the health sector to climate change. The priority interventions in this area relate to the transfer of technology both for mitigation and adaptation to climate change, capacity building for research and systematic observation, and for actions related to information, sensitization, education and training. A strategic paper for the resilience of the health sector in Niger to climate change has been developed by the Ministry of Health. Legislative and other measures taken to safeguard the right not to be used for medical or scientific trials without a free and informed consent 233. Since 1999, this right has been established by Decree No. 99-434/PCRN/MSP of 1st November 1999 on the establishment, composition of the National Ethical Advisory Council. The Council is tasked with: - providing advice on the moral problems facing man in the area of health; - amending the health research protocols; - monitoring the implementation of research protocols; - raising and discussing any ethical issues in matters of health. Legislative and other measures to ensure the recognition, acceptance, development, effectiveness, modernization and integration of traditional medicine into the public health system 234. Ordinance No. 97-002 of 10 January 1997 on pharmaceutical legislation governs the practice of traditional medicine in Niger, where studies have shown that close to 80% of the population resort to it. A national strategy was developed to determine the guidelines and strategic actions to be carried out to ensure the development of traditional medicine; but also the integration of positive practices and traditional medicines into the national healthcare system. It is also geared towards the promotion, preservation and production of plant medicines and research. About 315 species have been identified and more than 1300 traditional medical practitioners are in the traditional medicine practice out of which 80% are herbal practitioners. The diseases administered by the herbal practitioners (malaria, haemorrhoids, diabetes, sickle cell anaemia, sexually transmissible infections etc.) show that 42 traditional medicine can appropriately contribute to the reduction of the rates of morbidity and mortality of these diseases. 235. The participation by the community and civil society in the management of the health system is done at the various levels through health committees, management committees, non-governmental organizations, associations and mutual health insurance schemes. Legislative and other measures taken to ensure that the obligations laid down in paragraph 67 (24) to (37) of the Principles and Guidelines concerning the rights of vulnerable and marginalized persons are complied with and particularly in respect of the following: a) specific measures to encourage the members of vulnerable and disadvantaged groups to study medicine and public health and join the health system as service providers 236. The Ministry of Health has since the year 2000 being carrying out a policy of granting scholarships for paramedical training of students in zones that are difficult to access. There are no specific measures to encourage the members of vulnerable and disadvantaged groups to study medicine and the health system and to join the health system as service providers. The access to these schools is open to all without any discrimination whatsoever and the scholarships are awarded based on merit. b) Legislative and other measures including the criminalization, social mobilisation, information and education to discourage negative traditional practices, in particular female genital mutilation which is an obstacle to the right to health 237. The reform of the Criminal Code in 2003 took into account the need to discourage nefarious traditional practices, in particular, female genital mutilation. Thus, Article 232.1 states that “Female genital mutilation means any infringement on the woman’s genital organ by total or partial removal of one or several of the parts, through excision, infibulation, anaesthetisation or by any other means.” Article 232.2 punishes the author of such an offence with a term of imprisonment of between 6 months to 3 years and a fine of between 20.000 to 200.000 CFA francs. Where the mutilation leads to the death of the victim, the perpetrator shall be punished with a term of imprisonment of between 10 and 20 years. Article 232.3 states that if the perpetrator belongs to the medical or paramedical staff, then the maximum penalty will be applied. A prohibition to practice the profession may further be imposed for a period not exceeding 5 years.

238. Since 2009, the NGO CONIPRAT, in collaboration with the Ministry of Child Protection, with the technical and financial support of UNICEF, has tried out a human rights - based approach to bring a change into the social standards, particularly, female genital mutilation within the communities with a high prevalence rate in the Western part of the country. After 5 years of intervention, 20 village communities in the rural District of Makalondi, with a prevalence rate of over 60% as against the national rate of 2%, made a public declaration of having done away with the practice. It is the first of its kind in the history of the practice of excision in Niger. Moreover, criminal proceedings have been initiated against families which dared to remove the genital parts of young girls of between the ages of 7 months and one year, following collaboration with vigilante committees established in several villages 239. At the community level, steps have also been taken to bring about a social change in the practice of child marriages. This applies to the implementation of the community-based protection programme. For that purpose, awareness was created in the communities through disclosure of cases (between 2009 and 2012, 446 cases managed by the Government agencies) and early interventions to dissuade the parents. c) Measures intended to ensure the availability of health services specifically targeted at persons with psychological, intellectual and physical handicaps such as early diagnosis and access to healthcare and a humane and dignified treatment to enable them to fully enjoy life 43

240. There are no specific services to cater for the health needs of persons suffering from mental disabilities apart from the traditional healthcare facilities. Nevertheless, facilities are provided to them as part of the financial accessibility to healthcare. An example is Decree 96- 456 PRN/MSP of 20 November 1996 governing the system whereby the national hospitals provide services and exempt persons with disabilities from payment of hospital fees. Specific measures taken to protect individuals infected or otherwise affected by epidemic, endemic, professional and other diseases, in particular malaria, HIV/AIDS, tuberculosis, neglected tropical diseases and other infectious diseases 241. Specific programmes have been created to make it possible for an improved care for persons with or affected by epidemic diseases min particular malaria, HIV/AIDS, tuberculosis and neglected tropical diseases. The Government and partners provide free healthcare and supply of medicines. Measures taken to guarantee sexual health and reproduction in accordance with the obligation of the Government outlined in paragraph 67 (64) to (70) of the Principles and Guidelines. A particular emphasis must be laid on the statistics illustrating the efforts made to reduce the maternal mortality rate, the stillbirth and infant and child mortality rates. Youth and Adolescent Health 242. As part of the improvement of access by the youth to reproductive health services, the Ministry of Health with the support of its partners established 27 youth-friendly centres and 25 guidance centres. The prevalence of the HIV/AIDS among the youth and adolescents dropped from 0.4% in 2006 to 0.1% in 2012. The prevalence of STIs among the youth and adolescents dropped from 9% in 2006 to 1.6% in 2012. Maternal mortality 243. The reduction of the maternal mortality rates is a persistent concern for the Government of Niger. The maternal mortality rate remained the same (7%) up to the year 2000 and beyond. It was in 2005 that a slight decline was observed in the rate which dropped from 7% to 6.48%. From 2010, major efforts were made by Niger and the Technical and Financial Partners (TFP) leading to a drop in the ratio of maternal mortality from 648 maternal deaths for every 100 000 live births in 2006 to 554 maternal deaths for every 100 000 live births in 2010 (according to the Survival and Mortality Survey of 2010). It is 535 per 100,000 live births according to EDSN-MICS 2012. 244. The factors contributing to this reduction are mainly: – The extension of healthcare to women with the construction of new maternity blocks, the transformation of health posts to Integrated Health Centres (CSI); – Equipping the maternity clinics with equipment and consumables by the SONU with the support of TFPs of the health sector; – Upgrading of the capacity for antenatal care at all levels; – Improvement of the rate of assisted births by a qualified staff, which rate increased from 17.35% in 2009 (Statistical Yearbook 2009) to 29% in 2012; – The repositioning and strengthening of Family Planning (FP) services which reflected in a 5% upward adjustment in the use of contraceptives in 2006 to 12.2% in 2012 (EDSN MICS IV 2012); – The capacity building of employees in the SONU, SONNE, SEN and Surgery within the districts; – The upgrading and operationalization of 36 surgery wards undertaking Caesarean sections in the various health districts all over the country; – The continuation of free antenatal consultations (CPN) and Caesarean section operations; – Equipping the health facilities with CPN kits, delivery and Caesarean kits; – The geographical multiplication and expansion of Prevention of Mother-to-Child Transmission (PMTCT) sites which have increased over the years, from seven (7)

pilot sites in 2003 to 276 in 2009, and to 749 in 2013, with some disparities however between the rural areas and the urban centres; – The strengthening of the IEC/CCC in favour of reproductive health. Infant mortality 245. The implementation of innovative and growth strategies made it possible to make a very significant reduction from 198% in 2006 (EDSN MICS III 2006) to 127 % in 2012 (EDSN MICS IV 2012), at the same time as a reduction of the infant mortality rate from 81% in 2006 (EDSN MICS III 2006) to 51% in 2012 (EDSN MICS IV 2012).

Graph N° 2: Developments in the infant and child mortality rates from 1990 to 2012 246. If this trend is maintained, Niger could attain the MDG 4 in 2015. It is the result of the joint efforts of the Nigerien Government and its technical and financial partners, as they jointly implemented high impact strategies and a multi-sectoral anchor. These strategies are mostly: – The effective implementation of free healthcare for children between 0 and 5 years at the national level from 2006; – The targeting of health of mothers and children as a priority under the Health Development Plan for the period 2011-2015; – The strengthening of antenatal, obstetrical and emergency neonatal care in order to reduce morbidity and neonatal morbidity risks (through the training of service providers under the SONU, SONNE, SEN, district surgical operations and provision of equipment to the health facilities); – The strengthening of the Prevention of Mother-to–Child Transmission of HIV (PMTCT); – The strengthening of the implementation of the survival strategy of the child at all levels; – The generalization of the IMCI in the clinics and in the communities through the strengthening of the skills of the service providers and equipping the health facilities with therapeutic inputs, equipment and medical equipment; – The promotion of essential family practices; – The promotion of family and environmental hygiene which has made it possible to reduce morbidity and mortality caused by diarrhoeal diseases, pneumonia and malaria; – The reduction of the incidence of malaria among children thanks to the use of MIILDA for its prevention among children and pregnant women; the introduction of ToR Palu and ACT at all healthcare levels; – The strengthening of the IEC/CCC for mothers and babysitters;

– The strengthening of the fight against food and nutritional deficiencies among pregnant women and children at all levels with the support of NGOs; – The improvement of the immunization status of children between 0 and 24 months : introduction of the pentavalent vaccine at the national level, strengthening of the routine EPI and increase in additional immunization activities (JNV/JLVPolio coupled with micronutrient supplementation ); – The strengthening and integration of family planning services in the healthcare package provided to mothers at all levels; – Mass campaigns against measles and meningitis; – De-worming campaigns and distribution of vitamin A.

D. RIGHT TO EDUCATION (Article 17) 247. The right to education is guaranteed in Niger in Article 12 of the Constitution of 25 November 2010 which stipulates that: “Every individual shall have the right to life, to health, to physical and moral integrity, to healthy and sufficient food, to drinking water, to education and schooling under conditions laid down by the law…” Legislative measures for children to enjoy their right to free and compulsory primary education 248. With regard to the right to education, Law No. 98-12 of 1 June 1998 on the Niger Education System Policy (LOSEN), as amended and supplemented by Law No. 2007-24 of 3 July 2007, is the reference text. It lays down the fundamental principles governing the education system in Niger. Article 2 stipulates that: “Education is a right for all citizens of Niger. The State shall guarantee the education of children between the ages of four (4) and eighteen (18)”. Article 8 stipulates that: “All persons shall have the right to education, without distinction as to age, sex, or social, racial and ethnic origin or religious belief”. 249. In accordance with Niger’s international commitments, including that of the World Education Forum (Dakar, 2000) and in line with its National Accelerated Development and Poverty Reduction Strategy, Niger has reiterated its commitment to the right to education through its Constitution of 25 November 2010. As such, the Constitution incorporates the provisions of the LOSEN law. 250. The enactment of the LOSEN law made the various education stakeholders to conduct an in-depth review of several elements and components of the education system. This led to the adoption of the Ten-Year Education Development Programme (PDDE) 2003-2013. This programme covered pre-school education, primary education and non-formal education. Its objectives included ensuring universal access to primary education and increasing the 2002 rate of 24.2% to 93% in 2012. The implementation of the PDDE led to an increase in primary education access and coverage. In fact, the gross enrolment rate increased significantly from 49.8% in 2002, including 41.3% girls, to 98.7% in 2010, including 92% girls, with an overall increase of 48.9%. During the same period, there was a significant increase in the gross percentage of children in full-time education which rose from 41.7%, including 33.3% girls, to 72.9%, including 63.9% girls.

251. Following the PDDE which covered the period from 2003-2013, Niger adopted a new national education policy which takes into account what was provided for in the PDDE and which was yet to be achieved. The policy is aimed at consolidating the gains of the PDDE and also lays the foundation for the Education and Training Sector Programme (PSEF). The new national education policy includes the following: - it ensures consistency among the various segments of the education system in Niger by establishing an efficient and effective comprehensive education and training strategy;

- it encompasses the education categories (formal, non-formal, informal and special education) of Law No. 98-12 of 1 June 1998 on the Niger Education System Policy which it proposes to amend in order to adapt it to the new context and, in the short-term, lead to the drafting of an Education Code combining all regulatory and procedural texts of the sector; - it reaffirms the commitments made by the President of the Republic in his Niger Revival Programme to make education and training his priority and that of his government as stated in the Prime Minister’s Policy Statement made in Parliament on 16 June 2011. - it takes into account the quantitative and qualitative progress made by the system since the implementation of the PDDE, and aims particularly at addressing all the shortcomings identified in the Report on the Status of the Niger Education System (RESEN/2010). 252. In fact, the Education Policy Paper, prepared and adopted by the Government in May 2012, is aimed at achieving the objectives of the Sustainable Development and Inclusive Growth Strategy (Niger/2035) and the Economic and Social Development Plan (PDES/2012/2015), taking into account Education for All (EFA). The objectives in this area are set out in the table below. Objectives of the education policy paper 2010 2015 2020 Education indicators reference objective objective situation Gross pre-school rate 4.6% 7% 15% Access rate to first year primary education (TBA) 97.8% 100% 100% Basic cycle 1 completion rate (primary) 49.3% 69.7 90% Gross basic cycle 2 education rate (college) 17.8% 46% 81% Percentage of basic cycle 2 repeaters 16.3% 10% 5% Survival rate in basic cycle 2 education 44.6% 67.3% 90% Percentage of enrolment in rural colleges in overall enrolment 8% 25% Percentage of literate adults and adolescents from 15 years and above 29% 34% 50% Junior cycle contract teachers 55.4% 28.2% 0.8%

- the percentage of students completing the fourth year will be targeted at 50% in general education, 25% in technical education and 25% in vocational education in 2015; - the overall enrolment of Niger students will increase from 22,072 (excluding self-funded students enrolled abroad) in 2010 to 50,000 in 2015 and 80,000 in 2020; - the number of lifelong education homes (FEP) will increase from 149 in 2010 to 449 in 2015 and 849 in 2020. Source: Niger’s Education Policy Paper 253. Moreover, in order to ensure access to education for all children, the Government has begun a programme for the construction of 2,500 classrooms a year, teachers’ training colleges and community kindergartens in all parts of the country. In order to ensure high quality education, the Government, with the assistance of its technical and financial partners, has adopted some measures which include the following: -the “Meet the challenge of quality in 2008” initiative; -the establishment of a monitoring and quality department at the Ministry of Primary Education (MEP);

-the development of an in-service training programme for teachers; and - the opening of the department of “training of general education teachers” at the Higher Teachers’ Training College. Legislative and administrative measures taken to implement policies aimed at abolishing or reducing primary school fees, in particular by providing subsidies, free or subsidised uniforms (prohibiting compulsory uniforms), free school manuals, free or subsidised transportation, and free school meals to promote school attendance for underprivileged children. 254. Measures taken to reduce school fees include the following: -the non-institutionalization of uniforms; and -free textbooks: textbooks are distributed free of charge in basic cycles 1 and 2. It should however be noted that given the Government’s limited resources, it is unable to satisfactorily meet the needs in this area. 255. In addition to these measures, the establishment of school canteens in nomadic schools has significantly increased access to primary education. There is a department at the Ministry of Primary Education in charge of school canteens (in total, 1,500 schools have school canteens). A school feeding strategic plan has also been developed and approved by the Ministry of Primary Education, with the support of its technical partners, which is aimed at: -promoting access to education and reducing gender social disparities; -promoting local purchasing initiatives among small-scale producers; -strengthening partnership between stakeholders and their capacity to plan and implement the school feeding programme; and -contributing to making the school feeding programme sustainable in Niger. 256. In addition to these efforts made by the Government, several NGOs and groups of NGOs are making a significant contribution to children’s education in Niger, especially the education of girls. The following tables present data on the distribution of dry rations to female students: Table: 1- Status of canteens and dry rations distributed between 2009 and 2012 Year Number of Number of Number of Number of Total Dry rations canteens beneficiary special students in number of distributed (primary students schools special canteens and in tonnes schools and schools special colleges) schools 2009/2010 890 135,381 8 441 135,822 610.55 2010/2011 922 144,001 8 441 144,442 673.55 2011/2012 984 164,818 13 703 165,521 771 Source: Department of School Canteens DRFM/MEP/A/PLN/EC

Table 2: Status of amount (in CFAF) allocated for the management of school canteens between 2009 and 2012 YEAR AMOUNT 2009/2010 416,231,707 2010/2011 617,631,665 2011/2012 990,031,645 Source: Department of School Canteens DRFM/MEP/A/PLN/EC

Legislative and administrative measures taken to ensure that secondary education is generally available and accessible for all by all necessary means and, in particular, through the gradual introduction of free education 257. Measures taken include the following: -the adoption of LOSEN, Article 2 of which provides that: “Education is a right for all citizens of Niger. The State shall guarantee the education of children between the ages of four (4) and eighteen (18)”; -the implementation of the Education and Training Sector Programme (PSEF) which is a strategy document adopted by the Government for the period 2014-2024; -orientating all primary school leavers to enter secondary schools, to engage in vocational training, youth and sports; and -the establishment of 758 rural colleges. Legislative and administrative measures taken to ensure that tertiary education is generally available and accessible for all by all necessary means and, in particular, through the gradual introduction of free education 258. Extensive information has been provided on this item under the heading “right to work”, in particular with the establishment of new vocational training institutions and new disciplines in existing vocational education high schools in order to increase the number of youth who are fit for employment. Report on measures taken to ensure continuing education 259. LOSEN has instituted a Continuing Vocational Training and Learning Support Fund (FAFPCA). The resources of this fund are used in financing continuing vocational training and learning for the socio-economic development of the private sector towards making it competitive at the national, sub-regional, regional and international levels. 260. It should be noted that the Government’s first priority area regarding education and training development is the development of a basic education with a single 10-year cycle. This is contained in the education policy paper. The objective is not to extend primary education from 6 to 9 years but rather to bring together and ensure consistency between basic 1 and basic 2 to enable learners to acquire the necessary skills for survival and participate in community activities. Basic education lasts for 10 years, in addition to pre-school which takes two (2) years. 261. This change in the structure of basic education requires: -reform of the mode of passing from the sixth to the seventh year of primary education; -recruitment of qualified teachers in sufficient numbers; -setting up school infrastructure; -establishing rural colleges and gradually transforming primary schools into basic schools; and - establishing reorientation classes towards vocational and technical education. Indicate the manner in which national plans and policies adopted and implemented by the Government address the requirements of Paragraphs 71 (3 to 15) of the Principles and Guidelines and, in particular measures that have been taken to ensure: a) That the teaching of African national languages is introduced in primary education 262. The education policy frameworks (Outline Law on the Niger Education System, 1998, and PDDE, 2003-2013) put the institutionalization of bilingual education at the centre of the education reform in Niger. LOSEN provides, for basic cycle 1, for the mother tongue of pupils as the language of instruction from the first to the third year of primary education, and provides, as from the fourth year, for the gradual use of French as the language of instruction.

263. In 2008, the MEP/A/PLN/EC decided by Order No. 112 and Order No. 113 of 19 August 2008 to gradually extend bilingual education in Niger by opening, every year, 400 bilingual schools (50 per region); launching bilingual disciplines for the training of teachers in Primary Teachers’ Training Colleges; finalizing teaching materials for the first five languages (Fulfulde, Hausa, Kanuri, Songhay/Zarma and Tamajeq representing 97% of speakers); and developing the five languages that are yet to be “equipped”. 264. Moreover, since 2004, Niger has conducted an extensive curriculum reform with the introduction of national languages. The reform is mainly based on: - Law No. 98-12 of 1 June 1998 on the Niger Education System Policy (LOSEN), as amended and supplemented by Law No. 2007-24 of 3 July 2007; - The Policy Statement of the Prime Minister, Head of Government, of 16 June 2011; - The Poverty Reduction Strategy Paper (SRP, 2003); - The Ten-Year Education Development Programme (PDDE), in the area on “Diagnosis, orientation, objectives and strategies”; and the “quality”, “access” and “plans of action” components; - The Education Policy Paper for 2013-2020; and - The Education and Training Sector Programme (2014-2024). 265. The PSEF lays emphasis on bilingual education which it considers as one of the conditions for quality education as follows: “Improving the quality of education is a high priority objective. The Government has chosen to introduce and gradually generalize bilingualism. Every child shall be instructed in his/her mother tongue during the first years of education. The French language – the official language, will first be taught orally as a subject before gradually being used as a language of instruction, while the national languages will in turn be taught as subjects. A learner-centred approach is used as the general reference framework for developing study programmes. This policy advocates for the construction of knowledge and skills development approaches by learners, instead of pedagogic approaches of simply transmitting contents. The option chosen is the Situation-based Approach (APS), which is a component of the Skills-based Approach (APC)”. b) The freedom of parents and guardians to choose schools other than public schools, and to freely choose the religious and moral education of their children 266. There are many private schools that are authorized to operate in Niger in order to offer a variety of choices to parents and guardians. In order to properly manage private schools, the Government established a department of private education which ensures the quality of education in private institutions. Parents are free to choose schools for their children. By way of information, the number of private institutions in Niger is as follows: -198 pre-schools; -315 basic cycle 1 schools; -201 secondary schools; and -87 schools of higher learning, in all disciplines. 267. Parents are also free, in accordance with the provisions of the Convention on the Rights of the Child of 20 November 1989, ratified by Niger, to choose the religious and moral education of their children. c) Academic freedom and the institutional independence of all institutions of higher learning 268. In Niger, universities and institutions of higher learning are managed independently. Universities are considered as public institutions of a scientific, cultural and technical nature. Measures taken to implement the obligations set out in paragraphs 71 (1) to (25) of the Principles and Guidelines with regard to vulnerable and disadvantaged groups, in particular the obligation to ensure that all children, including children of such groups,

50 enjoy equal access to education. Indicate measures taken to ensure gender equality at all levels of education. 269. In order to encourage underprivileged parents to enrol their children in school and ensure their education, several actions were taken by the Ministry of Basic Education, with the support of its technical and financial partners. These include: - Preparation of the national education and training policy for girls; - Setting up an inter-ministerial group for the education of girls, comprising seven (7) ministries; - Preparation of a policy framework for girls’ education (SCOFI); - Establishment in 2006-2007 of alternative rural schools (ERA) which replaced the former nomadic schools2; - Establishment of inclusive classrooms in primary and secondary education to include children with disabilities, in the education curriculum; and - Establishment of school canteens in 63 rural colleges, with 20,691 students receiving food rations. 270. The major obstacles faced in the implementation of this right include the limited number of qualified personnel, limited infrastructure, limited pedagogic materials and stationery, and often the inadequate matching of training to the needs of the nation’s economy.

E. RIGHT TO CULTURE (Article 17) 270 bis. Article 17 of the Constitution stipulates that: “Every individual shall have the right to freely develop his or her personality in all its dimensions, material, intellectual, cultural, artistic and religious; provided that it does not violate the rights of others, infringe constitutional order, the law and public morals”. Indicate how national plans and policies adopted and implemented by the Government ensure that the right to culture protects positive African values in accordance with international human rights standards. 271. At the institutional level, a cultural entrepreneur’s guide and a book development strategy have been prepared. A National Agency for the Promotion of Cultural Enterprises and Industries (APEIC) has also been established. The National Centre for Cinematography has been given a new boost. 272. In the area of sports, several sports infrastructures have been rehabilitated and a sports hotel has been constructed at the technical centre of the Niger Football Federation in Niamey. Capacity-building cycles were launched on a regular basis for stakeholders in the various disciplines. 273. The historic centre of Agadez, a city in the northern part of the country, was included on the UNESCO World Heritage List on 22 June 2013. Measures taken to ensure the protection and promotion of languages of minorities and indigenous peoples/communities 274. In Niger, the promotion and protection of national languages is guaranteed in the Constitution which stipulates in Article 5 that: “All the communities that make up Niger shall enjoy the freedom to use their languages while respecting those of the other communities. These languages shall, with equal status, have the status of national languages. The State shall ensure the promotion and development of national languages. The modalities for the promotion and development of national languages shall be laid down by law…”

2 Nomadic schools constituted an education system whereby the Government assigned teachers who travelled along with nomadic populations in order to ensure the education of their children in the same conditions as those of non-migratory children. However, they have now been replaced by “alternative rural schools (ERA)”. In total, there are 175 schools established in sixteen (16) primary education inspectorates across six regions (Agadez, Diffa, Maradi, Tahoua, Tillabéry and Zinder).

The Government demonstrated its genuine commitment to promote national languages as early as 1972-73 by establishing the first bilingual schools (French–national language). Several texts have been adopted and implemented in this regard. The most important ones include:

-Law No. 2001-037 of 31 December 2001 establishing the modalities for promoting and developing national languages: Article 2 of the Law provides that: “the following have been proclaimed national languages: Arabic, Buduma, Fulfuldé, Gulmancema, Hausa, Kanuri, Sonray-Zarma, Tamajaq, Tassawaq and Tubu ”. -Law No. 98-12 of 1 June 1998 on the Niger Education System Policy (LOSEN), as amended by Law No. 2007-24 of 3 July 2007, which devotes a special section to the development of bilingual education (in particular Articles 10, 19 and 21); -Order No. 112/MEN/DGEB/DFIC/DECB1 of 19 August 2008 launching bilingual disciplines in Teacher Training Colleges; - Order No. 113/MEN/DGEB/DFIC/DECB1 of 19 August 2008 establishing fifty (50) bilingual schools in all the eight (8) regions of Niger; -Decree No. 2011-155/PRN of 21 April 2011 appointing members of Government, as amended by Decree No. 2011-129/PRN of 16 June 2011 instituting for the first time a Ministry of National Education, Literacy and Promotion of National Languages (MEN/A/PLN) which has been changed to the Ministry of Primary Education, Literacy, Promotion of National Languages and Civic Education (MEP/A/PLN/EC) and which has a department for the promotion of national languages. 275. This legislative framework has enabled the realization of many activities to promote national languages. In 2009 and 2010, 306 new bilingual schools were established, bringing the total number of bilingual schools in the country to 499. Between 2005 and 2007, 120 teachers of teacher training colleges and 600 students were trained in four national languages, bilingual teaching manuals and guides were produced, and several books were published in national languages. Even though only five of the ten recognised national languages are currently being used in formal education, the Government has made the generalization of bilingual education in Niger one of its priorities in the years ahead. 276. With regard to media coverage, all national languages are used in radio and television programmes, especially the private media. Legislative and other measures taken to eliminate harmful social and cultural practices 277. Social and cultural practices considered as harmful have been addressed under the right to health and specific rights, in particular the rights of women and children. Measures taken to promote and protect cultural works and traditional knowledge systems 278. Since the presentation of the last report, much has been done by the Government to ensure the enjoyment of this right. As such, several cultural facilities have been rehabilitated (administrative buildings, the Niamey and Zinder museums, the centre for training and music promotion, etc.), new cultural infrastructures have been created (martial arts academy) during major sports and cultural events hosted by Niger, in particular the 5th Francophonie Games of December 2005. The documentation fund of reading and cultural centres (CLACs) has been increased. About thirty Niger cultural promoters and artists received training on music creation at the Centre for Training and Music Production (CFPM El Hadj Taya of Niamey). 279. Other activities were initiated towards ensuring the well-being of the population and promoting social peace. Such initiatives include the monthly editions of enhancing relations, the SUKABE festival, the traditional dance and music festival, the salt cure, and the Niger film festival. In the area of cinematography, several co-production agreements have been signed with more advanced foreign centres such as Faso Film of Burkina Faso, the Morocco National Centre for Cinematography, Turkey, etc. 52

The main challenge faced is the limited development of the cultural and artistic sector which is as a result of the low participation of the population in cultural activities, limited number of cultural and artistic facilities, and the low level of professionalism among artists.

F. RIGHT TO HOUSING Legislative measures taken to ensure that the State refrains from conducting and protects forced evictions from homes and lands as stipulated in the Principles and Guidelines and in accordance with international law. Provide data on forced evictions and other evictions conducted during the preparation of the report 280. Since the presentation of the last report, Niger has adopted, in the area of land ownership, the following legislative and regulatory measures: - Law No. 2008-03 of 30 April 2008 on the urban planning and land development policy (LOUAF), which repeals the provisions of Ordinance No. 97-005 of 17 January 1997 instituting operational urban planning documents and mechanisms for monitoring the use of urban land and subsequent amending texts; - Law No. 2008-22 of 23 June 2008 amending Ordinance No. 93-028 of 30 March 1993 on the status of traditional chiefdoms in the Republic of Niger; - Law No. 2013-28 of 12 June 2013 repealing Law No. 2008-03 of 30 April 2008; - Law No. 2008-37 of 10 July 2008 amending and supplementing Law No. 61-37 of 24/11/61 to regulate expropriation in the public interest; - Law No. 2013-28 of 12 June 2013 establishing the fundamental principles of urban planning and development (repealing Law No. 2008-03 of 30 April 2008 and Law No. 59-113/PCN of 11 July 1959 in Articles 4 and 18 and 95 to 97); and - Decree No. 2009-224/PRN/MU/H of 12 August 2009 establishing the procedure for implementing specific provisions of Law No. 61-37 of 24 November 1961 on expropriation in the public interest and temporary occupation. Statistical data on evictions is not available. Legislative measures taken to guarantee for all a degree of security of tenure under legal protection for persons, households and communities deprived of protection, including people without any official document testifying ownership of property, house or land which protects them from forced eviction, harassment and other forms of threat 281. Security of tenure is guaranteed in Niger through the rigorous management of the expropriation procedure which is stated under the right to property, and through the provisions of Ordinance No. 96-016 of 18 April 1996 on the lease code. In fact, Article 11(2) of the Ordinance stipulates that: “Without prejudice to the criminal provisions in force, if the lessor carries out acts of threat or violence against the lessee or occupants of the leased property, or if the lessor violates the lessee’s privacy, the judge seized of the matter shall require the lessor to pay damages that shall not be lower than the equivalent of three (3) months’ rent. If the lessor, without any court document, evicts or causes the eviction of the lessee from the leased property, the damages to be paid shall not be lower than the equivalent of six (6) months’ rent”. A lease agreement is terminated either by mutual agreement or after the expiry of a period of notice laid down by law. Administrative evictions of occupants without official land documents are conducted after notifying the individuals concerned. Measures taken to ensure at least shelter for all. In this regard, provide information on the extent of the problem of homeless people 282. The housing situation is marked by limited supply in relation to very high demand. Current needs are estimated at 40,000 houses to be built every year across the country. 53

According to the provisional report on “the characteristics of housing and living conditions of the population” produced in 2007 by the INS, more than half of the people of Niger (57.14%) live in traditional houses built with local materials (adobe, clay, wood and straw), huts (25.80%), cement brick houses (8.80%); while buildings, villas and shacks are the less common types of houses with 0.06%, 0.77% and 0.16% respectively. 283. The Government prepared a programme in 2011 which includes the following objectives: - Construct 1,000 social housing units every year; - Develop 2,000 plots every year; and - Reduce house rents by promoting the local building material industry and improving access to housing loans. After three years of implementing this programme, there have been concrete results. In order to cover the deficits in decent housing, several activities were conducted, including the enactment and popularization of the law on urban planning and development, the acquisition of 88 ha of land reserve on 3 sites in Niamey for the construction of public-private partnership houses, the ongoing construction of 100 good standard houses by the state-owned Niger Urban Planning and Real Estate Construction Company (SONUCI), the completion of 114 out of the 174 houses planned to be constructed on the “SaryKoubou” site in Niamey, and the development (still by SONUCI) of 280 ha of land in Niamey. 284. As part of the public-private partnership, 8 construction projects and programmes totalling 11,900 social housing units are currently being negotiated. These include: -The project to construct 5,000 houses in Niamey and other regions across the country, in partnership with China Geshouba Group Company Limited (CGGC), at the cost of 101.5 billion CFAF; -The pilot project for the construction of 500 social housing units in Niamey, in partnership with the DB IMMO company, at the total cost of 5,336,393,400 CFAF; -The project to construct 1,000 social housing units with the Niger company DB IMMO and ECOBANK-Niger at the total cost of about 9 billion CFAF; -The project to construct 1,000 social housing units with the Nigerian company SADUBEL and CBAO-Niger bank at the total cost of about 10 billion CFAF; -The project to construct 2,000 social housing units with the Italian company DEAPIQUADRO and ECOBANK-Niger at the cost of about 21 billion CFAF; - The project to construct 1,000 social housing units with the Nigerian company UPSAND and CBAO-Niger bank at the cost of about 10 billion CFAF; -The programme for the construction of 400 social housing units (private villas) in Niamey by the Consortium Sadubel Consulting Limited (SDC) to be funded by the promoter which will ensure the management of the houses in partnership with a local partner bank which will buy the houses from the promoter; and - The programme for the construction of 1,000 social housing units by the UPSTAND PROJECTS LIMITED-Niger Group. 285. Moreover, in order to promote real estate development, authorizations have been granted to 5 private and national real estate promoters for the construction of hostels and/or for the development of land in and around Niamey. Legislative measures taken to meet the obligations under paragraphs 79 (4) to (13) of the Principles and Guidelines, in particular those aimed at: a) Implementing housing programmes, including subsidies and tax incentives for developing the construction of houses in order to meet the needs of all categories of the population, in particular low-income families

286. In order to develop the construction of houses and meet the needs of the population in the area of decent housing, the Government has begun, in addition to the programmes and measures highlighted above, the construction of two new cement companies (in Malbaza and in Keita). In the long term, this will result in a drop in cement prices and will promote access to housing for all. b) Giving priority, in national plans and policies, to providing shelter to all persons in desperate and urgent need of housing 287. The Government’s activities in this area have included the management of floods, the management of returnees and refugees victims of armed conflict in some countries of the sub- region, and providing assistance to victims of fire and inter-community violence. Heavy rains and overflowing rivers caused flooding in 2011 and 2013 in all the regions across the country. Flooding led to the loss of 134 lives and rendered 42,690 households homeless, with 341,702 people affected. To respond to these disasters, large-scale measures were taken with the support of partners to the tune of 22,072,617,895 CFAF. These measures included providing food and other forms of assistance, in particular the distribution of free food supplies, mosquito nets, kitchen utensils, blankets; providing housing support in new sites; and providing health care, water, hygiene and sanitation. 288. The Government also prepared and adopted a draft integrated programme for reducing flooding risks and strengthening the resilience of affected communities which will cost 138,624,868,141 CFAF, of which 52 billion CFAF has already been obtained from the World Bank. 289. Lastly, a law prohibiting construction in flood-prone areas has been enacted and is being popularised in the regions. Decisions are being taken at the various regions to prevent reconstruction and possible exposure to flooding. G. RIGHT TO SOCIAL SECURITY Legislative and other measures taken to ensure access to a social security scheme which provides a minimum coverage for individuals and their families, in particular regarding health and pension benefits 290. The social security system is essentially managed by the National Social Security Fund (CNSS), which was transformed into a public social institution by Law No. 2003-34 of 5 August 2003. The statutes of the Fund were approved following Decree No. 2005- 64/PRN/MFPT of 11 March 2005. The risks covered by the Fund are divided into the following schemes: a) the pension scheme which covers old age, disability and survivors; b) the family allowance scheme which covers the birth of a child into the family of a worker; and c) the scheme for occupational safety and health (AT/MP). 291. Public sector workers are covered by the National Pension Fund (FNR) which will soon be replaced by the Independent Pension Fund (CARENI), a public social institution established by Law No. 2012-69 of 31 December 2012. In the area of health, government workers receive 80% coverage for hospital expenses and medical tests from the national budget. With the enactment of Law No. 2008-10 of 30 April 2008 on the general health insurance scheme in the Republic of Niger, this system will soon be replaced by the Civil Servants’ Insurance Fund (MSAE) which will benefit civil servants, auxiliary employees and retired civil servants. In order to effectively coordinate the Government’s activities in this area, a directorate-general for insurance, one of the departments of which deals with mutual insurance companies, has been established within the newly created Ministry of Employment, Labour and Social Security. 292. In addition to these social security systems, there are other forms of organisations dealing with health insurance at the level of insurance companies and health insurance operated by some companies. 293. Lastly, it should be noted that Niger has a National Social Protection Policy, adopted in particular through Decree No. 2011-443 bis/PRN/MP/PF/PE of 16 September 2011. With regard to the right to social security, the main challenge is the exclusion of the majority of the 55 population from the social protection system, as a result of the predominance of the informal sector and non-compliance with decent working standards in this sector. There is also the agricultural sector where the labour force is not covered by the social security system. Nonetheless, the Government plans to extend social protection to include these sectors that are excluded and especially the informal sector.

H.RIGHT TO FOOD Legislative measures taken to guarantee the right of all persons to be protected against hunger and to reduce hunger even in times of natural and other disasters 294. Niger is a party to almost all international human rights legal instruments on the right to food, in particular the Universal Declaration of Human Rights, Article 25, and the International Covenant on Economic, Social and Cultural Rights, Article 11. This right is explicitly recognised and guaranteed in the Constitution of 25 November 2010 which stipulates in Article 12 that: “Every individual shall have the right to life, to health, to physical and moral integrity, to healthy and sufficient food, to drinking water, to education and schooling under conditions laid down by the law. The State shall ensure the basic needs and services of all individuals and their total wellbeing.” Article 146 (3) of the Constitution stipulates that: “government policies must promote food sovereignty, sustainable development and access to social services for all, as well as improve living conditions”. Moreover, Article 153 stipulates that: “the State shall invest in priority areas, in particular agriculture, livestock, health and education; and in establishing a fund for future generations”. 295. The Constitution also affirms, in its Preamble, the commitment of the people of Niger to human rights as enshrined in the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Economic, Social and Cultural Rights. These international legal instruments, which form an integral part of the Constitution of Niger, clearly guarantee the right to food as a fundamental human right. 296. It should also be underscored that Niger is a party to the Millennium Declaration adopted by the UN General Assembly in 2000, the Universal Declaration on the Eradication of Hunger and Malnutrition adopted on 16 November 1974 by the World Food Conference, and the FAO Voluntary Guidelines adopted in 2004 to facilitate the realisation of the right to food at the national level. 297. Lastly, it should be noted that the legal framework comprises several legislative and regulatory provisions aimed at achieving food and nutrition security. 298. However, despite the fact that the right to food is guaranteed by the Constitution, Niger is yet to have a framework law to guarantee seeking redress through the courts in the event where this right is violated. Measures taken to ensure access for all without discrimination to food and protection against hunger 299. In order to give effect to the right to food, in accordance with its national, regional and international commitments, the Government has adopted several strategic and institutional measures. As such, it has implemented a food security programme based on a national contingency plan under the section on food and nutrition security. 300. At the strategic level: the Government has initiated several strategies and policies aimed at ensuring the food and nutrition security of the population. In 2003, Niger adopted a Rural Development Strategy (SDR) whose main objective is to “reduce the incidence of rural poverty from 66% to 52% by 2015, by creating conditions for sustainable economic and social development that will guarantee the food security of the population and a sustainable management of natural resources”. Between 2003 and 2009, the SDR was implemented through the “Special Programme of the President of the Republic”. However, its 56 implementation did not prevent the country from experiencing three cases of serious food crises in 2004-2005, 2009-2010 and 2011-2012, due to a combination of several factors including the influence of desert conditions and the limited financial resources for the SDR priority programmes. These food crises affected 3.6 million, 7.1 million and 6.4 million people respectively. 301. It should be noted that the SDR was discontinued in April 2012 and replaced by a new strategy called the 3N Initiative “Les Nigériens Nourrissent les Nigériens” (Nigeriens Feed Nigeriens). The overall objective of the strategy is to “contribute towards protecting the Niger population against hunger and guarantee them the conditions for full participation in national production and improvement of their income”. In order to achieve this objective, five key areas of intervention were identified: (i) increasing and diversifying agricultural, forestry, livestock and fisheries production; (ii) regular supply of rural and urban markets with agricultural products and foodstuffs; (iii) improving the population’s resilience to the effects of climate change, crises and disasters; (iv) improving the nutrition of the people of Niger; and (v) sustaining and coordinating the 3N Initiative. 302. The coordination, development and implementation of programmes and projects of the 3N Initiative is managed by the 3N Initiative High Commission which replaced the High Authority for Food Security (HASA) which was mandated to supervise national food security institutions. The 3N Initiative is included in the Economic and Social Development Plan (PDES) for 2012-2015 aimed at promoting the economic, social and cultural wellbeing of the people of Niger. The PDES is mainly aimed at accelerating growth and significantly improving the living conditions of the population towards achieving the right to food. Strategic area 3 of the Plan deals with food security and sustainable agricultural development. 303. At the institutional level: it should be noted that the Government has established institutions to promote, protect and realize the right to food. As early as the beginning of the 1980s, Niger established a National Mechanism for Food Crisis Prevention and Management (DNPGCA) which was transformed in 2012 into the National Mechanism for Disaster and Food Crisis Prevention and Management (DNPGCCA). The DNPGCCA has technical operational units and the following structures: - The DNPGCCA Permanent Secretariat; - The Food Crisis and Disaster Management Unit; - The Early Warning System and Disaster Prevention Coordination Unit; - The Social Nets Unit; - The National Committee for Disaster and Food Crisis Prevention and Management CNPGCCA; - Regional and Sub-regional Committees for Disaster and Food Crisis Prevention and Management; - Line ministries dealing with disaster and food crisis prevention and management; and - The Niger Foodstuffs Office (OPVN) in charge of maintaining the national food security stock and ensuring the logistical management of food aid. 304. In addition to these structures, non-state stakeholders such as national and international NGOs contribute towards the realization of the right to food. National NGOs include the Consortium for the Right to Food and Food Sovereignty (AEC, ANDDH, AREN, MOORIBEN and TIMIDRIA) which contributes, through advocacy, towards the realization of the right to food in Niger. Since 2007, this Consortium has conducted monitoring activities to assess the impact of government support plans on the food and nutrition situation of households and vulnerable people. The food security programme 305. Being a country in which food crisis has become recurrent; Niger adopted a National Contingency Plan (PNC) in 2007, with a section on food and nutrition security, with the overall objective to reduce the impact of food and nutritional crises on the population. As the reference framework for the management of food crisis, the PNC outlines the emergency 57 response intervention framework, actions to be taken with regard to the different types of crises, and the principles for organising relief to people affected by crisis. It is based on this instrument that the Government develops annual support plans taking into account the extent of each crisis and its impact on the living conditions of households. 306. The summary table of government support plans on the food and nutrition situation of households and vulnerable people from 2010 to 2013 indicates all efforts made by Niger to ensure the food security of the population. The situation for this period is as follows:

Government Support Plan (PSG) Budget 2010 193,156,522,827 2011 66,301,391,020 2012 198,702,252,599 2013 127,240,834,240 Total 585,401,000,686

307. Moreover, the implementation of the 3N Initiative between 2012 and 2013 contributed to the following results in the agricultural sector: -with regard to land development, 1,983 ha of new hydro-cultural development, 12,472 ha of new irrigation areas, 850 household kits in plots of 250 m2, 7,679 wells, and 454,497 linear metres of irrigation were constructed. In addition, 1,454 ha were rehabilitated under hydro-cultural development and 1,900 garden wells were dug or rehabilitated. Also, 475,600 linear metres of barbed fence and 69,980 linear metres of wire fence were constructed. -with regard to construction projects, 16 dams and 28 weirs were constructed or rehabilitated, and 54 ponds were developed or deepened -with regard to agricultural inputs and materials, the following were provided: 16,387 tonnes of cereal (millet and sorghum), 3,732 tonnes of pulses (cowpeas and groundnuts) for cultivation in the rainy season, 1,055 tonnes of cereals and pulses for cultivation on irrigated land, 8,533 kg of vegetable seeds, 2,525 tonnes of potato seeds, and 42,068,000 cassava and sweet potato cuttings. 308. The following were also provided: 63,259 tonnes of fertilisers, 205,695 litres of pesticide, 328,474 sachets of pesticide, 28,000 sachets of rat poison, 1,167 ULV treatment equipment and 2,564 pressurized treatment equipment. Agricultural materials provided to farmers include: 10,187 motor pumps, 47,867 ploughing kits, 7,507 animal-drawn kits, 2,681 carts, 116 heavy-duty tractors, 61 threshing machines, 36 submersible pumps, and 11 power cultivators. 309. With regard to the construction of warehouses and stores, the following were constructed: 236 warrantage warehouses, 26 storage warehouses, 4 pesticide warehouses, 1,019 cereal stores, 288 farm inputs stores, and 3 control posts. Cereal banks and farm inputs banks were supplied with 16,430 tonnes and 852 tonnes respectively. 310. In total, 14,147,000 ha of rainy season and 195,342 ha of irrigation were sown which enabled the production of 8,958,000 tonnes of cereal and 654,294 tonnes of irrigated crops, and 5,047,063 tonnes of high market value plant production, with a monetary value of over 1,504 billion CFAF. The production of irrigated crops includes: 152,351 tonnes of high nutritive value plant production (Moringa, carrot, pumpkin), with a monetary value estimated at 46.9 billion CFAF, and 501,864 tonnes of dry cereal substitute products (potato, cassava and sweet potato) with a monetary value estimated at about 94 billion CFAF. For the overall production of these cash crops, the monetary value is estimated at over 1,644 billion CFAF.

311. In order to enable producers to fully enjoy their labour, the Government facilitated the funding of the campaign for the commercialisation of onion by the Agricultural Bank (BAGRI) to the tune of 600 million CFAF in 2012. In order to firmly establish a community support-counselling mechanism for rural producers, 293 workers were assigned to the various structures of the Ministry of Agriculture. 312. These results were achieved as a result of the appropriate budget allocated for the agricultural sector in the past years. The following table showing expenditures for the realization of the government’s programme between 2011 and 2013 clearly demonstrates that the agriculture budget reaches 10% of the national budget, making Niger to be one of the countries in Africa to have complied with the 2003 Maputo Declaration which calls on African governments to invest a minimum of 10% of their budget in the agricultural sector. Comparison between targeted expenditure and key sector achievements

Key sector Allocation Amount budgeted Amount provided Allocation in planned (in billions) in 3 years 3 years (in billions) Education 25% 1,559,709 513,847 17.10% Health 10% 623,884 232,7 7.74% Water 10% 623,884 121,324 4.04% Food security 15% 935,825 371,041 12.35% Infrastructure 10% 623,884 211,362 7.03 % and energy Source: Appraisal of the 3 years of implementation of the recovery programme 313. In spite of these efforts, it should be noted that Niger still faces serious challenges in realizing the right to food. Climate change now poses a new threat to agricultural production, and consequently affects food security both in arid and semi-arid areas which are drying up and in other regions where production is destroyed by flooding. This situation is compounded by the increase in prices which is an obstacle for households to have access to food. The impact of soaring food prices is particularly severe for poor rural households. This is because agricultural producers, who generally sell their products at a time when prices are at their lowest, buy from the market at a time when cereal prices are at their highest, and business transactions are completely to the disadvantage of stockbreeders. The right to food is also often compromised by the combined effect of the Niger population growth rate, which is one of the highest in the world, and the limited area of farmland. Measures taken for food production surplus to be stocked in anticipation of famine, drought and other harsh conditions 314. The national food security stock is kept on a regular basis in anticipation of food crises. It includes a physical stock called National Security Stock (SNS) comprising cereals (millet, sorghum or corn) and a financial stock called Food Security Fund (FSA). The National Stock Reserve (SNR) is used only in a year where there is a serious food crisis at the national or regional level. The SNR maximum level is 110,000 tonnes of cereal, divided into 50,000 tonnes of cereal for the National Security Stock and a purchase capacity of 60,000 tonnes for the Food Security Fund. The National Stock Reserve is managed by the Niger Foodstuffs Office (OPVN) which is an operational structure of the DNPGCCA, placed under the Ministry of Trade. At about 22,000 tonnes in 2011, the National Security Stock was increased to 174,317 tonnes for a forecast of 150,000 tonnes in order to reduce the impact of cereal deficit in 2011. The stock was stabilized at 108,000 tonnes in 2013. However, given that Niger experiences a deficit every one in three years, this stock is not always kept from the surplus national production. 59

Measures taken to ensure that food aid is not prejudicial to producers and the local markets, is targeted at those who need it most, and is accompanied by programmes to ensure the food self-sufficiency of beneficiaries 315. The National Contingency Plan has different instruments to address food crises. These include: cash for work, food for work, cash transfer, the sale of foodstuffs at moderate prices, targeted free food distribution, strategic de-stocking of animals, health security of livestock, and providing food for cattle. In 2013, the Government prioritized cash for work, food for work and the sale of foodstuffs at moderate prices at the expense of free food distribution which weakens the self-promotion efforts of the population. This option is based on the finding that traditional food aid contributes to promoting the idea of depending on assistance among the population and to weakening the stability of local production systems and agricultural markets. According to the National Contingency Plan, emergency response has to avoid negative effects such as the idea of being dependent on assistance, the weakening of existing adjustment and solidarity mechanisms, and market destabilisation. Emergency response should not also go against general economic policy trends or development activities conducted simultaneously. 316. The Government, with the support of the international community, is adopting responses which help to effectively manage food crises without compromising the response capacity of households, and to improve in a sustainable manner the food security of the population. Legislative measures taken to ensure that the Government does not destroy or contaminate food sources and to protect food sources from destruction and/or contamination 317. Niger has a law establishing the Public Hygiene Code (Ordinance No. 93-13 of 2 March 1993 instituting the Public Hygiene Code and Decree No. 98-107/PRN/MSP of 12 May 1998 on Food Hygiene) and a decree instituting imported and exported food safety control (Decree No. 98-108/PRN/MSP of 12 May 1998). Article 2 of the Decree stipulates that: “the objective is to guarantee good food hygiene, and prevent the contamination of foodstuffs and the presence of factors that are harmful to human health. Foodstuffs must present all guarantees of harmlessness, must comply with certain nutritional requirements and have certain organoleptic characteristics”. Section 59 of the Public Hygiene Code stipulates that: “foodstuffs for importation, exportation or on transit in the national territory must be subjected to mandatory food safety control”. 318. There is also a plant health legislation comprising Ordinance No. 96-008 of 21 March 1996 and its implementing decree (Decree No. 96-68/PCSN/MDR/H/E of 21 March 1996). The implementation of this regulation is aimed at preventing the introduction and circulation of poor quality goods in the country. Lastly, it should be noted that Regulation No. 0072007/CM/UEMOA on the safety of plants, animals and food in WAEMU countries is applicable in Niger. Legislative measures taken to ensure that access to food is not used as a political tool for compensating supporters, punishing opponents or recruiting militias 319. Access to food in Niger is not used as a political tool for compensating supporters or punishing opponents. Moreover, the country has not experienced any recent recruitment of militias. 320. Moreover, the Constitution of 25 November 2010 recognises the right to food in Niger as an inalienable human right. Article 12 of the Constitution stipulates that: “Every individual shall have the right to life, to health, to physical and moral integrity, to healthy and sufficient food, to drinking water, to education and schooling under conditions laid down by the law”. Thanks to this provision, Niger is one of the rare countries in Africa to have met one of the most important obligations of States parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR), which is the obligation to give effect to the right to food.

321. Article 8 of the Constitution affirms the equality of all citizens before the law and as such prohibits any form of discrimination that may be among citizens. In practice, no incident likely to be interpreted as discrimination on the basis of political affiliation has been noted. Measures taken to develop and reform existing agricultural systems 322. Given the importance of agriculture to food security, the Government has taken several measures to develop and reform existing agricultural systems in order to achieve the development and maximum sustainable and efficient use of natural resources. These measures relate to land security and increasing and diversifying agricultural, forestry, livestock and fishery production. -Land security 323. Land security, which is the ultimate goal of the Rural Code process, has witnessed significant progress in recent years. This was possible as a result of the establishment of a good training and communication mechanism which led to effective land management and an increase in the number of land tenure documents issued. Securing land tenure for individual and collective producers is done through establishing land commissions, structures of the Rural Code which issue land transaction documents (attestation of sale, donation, loan, lease or customary pledge), and which represent a certain guarantee of the rights of producers. According to an assessment of the implementation of the rural land policy in Niger conducted in 2013, the process for issuing these documents was iterative and improved with time, in particular with the gradual introduction of publication measures and the joint verification of land boundaries and/or third party rights. The procedures are being improved with the preparation of manuals and the systematisation of training when establishing land commissions. Even though progress in obtaining land tenure documents is generally slow, these documents are welcomed by producers who have understood their importance and advantage compared to customary law which is based on collective memory to the extent that there are more customary ownership documents and sales documents than others. The registration of documents in rural registers kept by the Permanent Secretariat of Departmental Land Commissions is an additional security measure. - increasing and diversifying agricultural, forestry, livestock and fishery production 324. This is a measure adopted by the Government to reform the existing agricultural systems. Increasing and diversifying agricultural, forestry, livestock and fishery production is one of the five strategic areas of the 3N Initiative. 325. Despite these achievements, Niger still faces challenges in the area of land management. These challenges include the advancing of the desert and the degrading natural and land resources as a result of the impact of nature and human activity. Other contemporary natural phenomena (in particular climate change and ozone layer depletion) which lead to flooding and recurrent drought affect agricultural production and the regeneration of natural timber resources. The commercialisation of rural land, which is experiencing an increasing sales value, is also a major source of concern for the Government in the area of land management.

I.RIGHT TO WATER AND SANITATION Indicate the legislative and other measures taken to ensure access to a minimum essential amount of water, sufficient and safe for personal and domestic use, including disease prevention and access to a decent health system 326. In Niger, Ordinance No. 2010-09 on the Water Code, adopted on 1 April 2010, is the legal reference framework for the management and protection of water resources across the country. The Code also outlines the conditions for organising water supply to the population and livestock. 327. Access to drinking water is a fundamental right in Niger within the meaning of Article 12 of the Constitution of 25 November 2010 which stipulates that: “the fundamental principles of the Water Code and food security shall be determined by the law” (Art.100). The Water Code guarantees the fundamental right of access to water of every citizen (Section 4). As such, the 61

State has the obligation in this area to “make available sufficient and good quality water to every individual, at an acceptable cost and at all times wherever required” (Section 5). 328. Ordinance No. 2010-09 of 1 April 2010 on the Water Code in Niger defines the right to water as “the fundamental right to sufficient supply, physically accessible and at an affordable cost, of safe water of an acceptable quality, for the personal and domestic use of everyone” (Section 3). 329. Several legislative and regulatory texts have been adopted to lay down the procedure for implementing the Ordinance. There are also policy and strategy documents emphasising some of the provisions, including: - The National Water Supply and Sanitation Programme 2011-2015 (PN-AEP 2011- 2015) which also includes in the sub-sector the achievement of the Millennium Development Goals (MDGs) and a full section on hygiene and sanitation; and - The “Strategy for the Promotion of Hygiene and Basic Sanitation in Niger 2013-2018” document which will soon be adopted by the Government. In order to implement the Water Code and the various policy and strategy documents, Niger has taken institutional measures by establishing a separate ministry (cf. Decree No. 2013-327/PRN of 13 August 2013 to appoint members of Government, amended and supplemented by Decree No. 2013-355/PRN of 26 August 2013): the Ministry of Water and Sanitation, which has a Directorate General for Water and a Directorate General for Sanitation (Decree No. 2013-459/PRN to organise the Ministry of Water and Sanitation). Indicate the legislative and other measures taken to ensure safe physical access to facilities or services supplying sufficient, reliable and regular water, with an adequate number of water points to avoid queues and located at reasonable distances from houses, schools, places of work and health facilities 330. The National Water Supply and Sanitation Programme 2011-2015 (PN-AEPA 2011-2015) outlines the main activities of the drinking water supply and sanitation sector. These include: 1) In urban areas: increase drinking water supply from 74% in 2009 to 85% in 2015, and access to basic sanitation facilities from 79% in 2009 to 100% in 2015. Also, about 40 big centres will be integrated into the farming perimeter. 2) In rural areas: increase needs coverage from 74.6% in 2010 to 88% in 2015, and access to drinking water from 48.24% in 2010 to 58% in 2015. With regard to basic sanitation, the percentage of people with latrines will increase from 7% in 2009 to 25% in 2015. 331. Determining the size of a system is particularly based on unit consumption estimates (M3/D) or specific consumption estimates in litres per day and per inhabitant (L/D/I) and the population growth rate (generally that of the Department). 332. Moreover, Section 61 of the Water Code stipulates that: “in order to guarantee the exercise of the right to water of every citizen, the State and local authorities are tasked, within their respective general responsibilities, with the organisation and functioning of public service drinking water supply”. 333. The criteria used for allocating modern water points (MWPs) are those of the International Drinking Water and Sanitation Decade (IDWSD) that were retained in the Economic and Social Development Plan 1987-1991 and the Blueprint for the Development and Management of Water Resources (1993). As a result: - Every administrative village, regardless of its population, must have a MWP; - Every inhabitant must have 25 litres of water a day; - Every village or hamlet of over 250 inhabitants, even non-administrative villages, must have a MWP;

- Every village or hamlet, even of less than 250 inhabitants, must have a MWP if it is located more than 5 km from another MWP; and - As from two thousand (2,000) inhabitants, the village may have a mini-AEP. It goes without saying that the number of installations varies according to the standards, and that the above criteria are indicative. They should therefore be interpreted taking into account the realities on the ground, in particular the geological inputs, the difficulties in accessing MWPs, the presence of other concurrent water points, sociological aspects, and the population’s capacity and willingness to manage water points. Report on the legislative and other measures taken to ensure that the obligations under paragraphs 92 (4) to (15) are met, in particular obligations ensuring: a) That the private ownership of water services and sanitation systems and/or the privatisation of water and sanitation services is not implemented in the absence of a clear and effective regulatory framework which ensures sustainable access to water and sanitation systems that are reliable, sufficient, physically accessible and affordable 334. Article 48 of Ordinance No. 2010-09 of 1 April 2010 on the Water Code in Niger provides that a decree signed in the Council of Ministers shall outline, among others, the modalities and procedures of concession and authorisation for the use of water and water exploitation projects and installations. Section 102 of the Water Code provides for a decree that will define the modalities and timeframe in which owners of installations or projects submitted for declaration, authorisation or concession will be expected to declare the said installations and projects constructed or exploited prior to the entry into force of Ordinance No. 2010-09 of 1 April 2010 on the Water Code in Niger. It is within this framework that Decree No. 2011-404/PRN/MH/E of 31 August 2011 was signed determining the list of developments, installations, projects, works and activities to be submitted for declaration, authorisation and concession for the use of water, as well as Decree No. 2011-405/PRN/MH/E of 31 August 2011 laying down the modalities and procedures of declaration, authorisation and concession for the use of water. b) That the procedures for disconnecting water services and sanitation systems are reasonable and that disconnection is only done after the relevant information is provided, including legal remedies and legal assistance 335. The water distribution service regulation approved by Decree No. 2013-004/PRN/MH/E of 4 January 2013 provides in Article 55(3) that: “subscribers shall have up to fifteen (15) calendar days following the date of issue of bills to pay the amount consumed”. Article 55(4) stipulates that: “Failing to pay the amount within the fifteen (15) days stated above, the Niger Water Corporation (SEEN) shall be authorised to suspend the supply of water…If despite the suspension of service and reminders from SEEN payment is not made within forty-five (45) calendar days following the date of issue of the bill, SEEN may apply a penalty fee of 10% of the amount due. If in spite of these measures the bill is not paid within sixty (60) days following the date of issue, SEEN may cancel the subscription…” 336. As such, in application of these provisions, at the bottom of each water bill is mentioned the deadline for payment, and the date from which SEEN is authorised to act as indicated above. c) That natural water resources are protected from contamination by harmful substances and pathogens. This protection includes strict control of the use and pollution of water resources for industrial purposes, in particular by extractive industries in rural areas 337. Section 3 of the Water Code defines “drinking water” as “water in its natural state or processed whose organoleptic (taste, odour, colour…), aesthetic, physical, chemical and microbiological characteristics meet the standards of quality water in force. It is water that is fit for human consumption”. According to the Water Code, water supplied for the consumption of the population must be drinking water. The national quality standards of water (water safety) for human consumption are established by means of regulatory texts. As such, the ministries in charge of water and public health establish the conditions for monitoring the quality of water

63 distributed and ensure compliance with the national quality standards of water for human consumption (Section 72). 338. It should be noted that recently national drinking water standards were adopted in accordance with the drinking water standards NN 03-02-002 of February 2006. In the past, the standards applied in Niger were WHO guidelines. Regarding liquid waste, the national standard NN 03-02-001 was adopted in December 2004. 339. Section 44 of the Water Code stipulates that shall be submitted for authorisation or declaration, depending on the case, activities conducted by any individual or entity, public or private, and leading to dumping, spilling, discharge and deposit, directly or indirectly, permanently or periodically, polluting or non-polluting. The authorisation shall establish, as appropriate, the requirements to be met by the beneficiary towards prohibiting, reducing or compensating the hazards or negative impact on water and water ecosystems. 340. Every citizen has the obligation to contribute towards protecting and improving his or her environment. The Code guarantees the conduct of an Environmental Impact Assessment (EIA) for all development activities, projects and programmes which, given the extent of their scope or impact on nature and humans, may have an impact on the latter (Section 31). 341. The Government has worked hard to facilitate access to drinking water and basic sanitation facilities by the population.

Access to drinking water 342. Geographical coverage of modern water points witnessed a slight improvement, increasing from 75.9% in 2010 to 76.29% in 2013. Access to drinking water in rural areas increased from 48.24% in 2010 to 49.83% in 2013 (source: Appraisal of the 3 years of implementation of the recovery programme). Distribution, per region, of the construction and rehabilitation of modern water points and rural water indicators

Region

Agadez Diffa Dosso Maradi Niamey Tahoua Tillabéri Zinde TOTAL MWPs (1) constructed 293 263 1,444 1,496 55 1,094 1,289 609 6,542 MWPs rehabilitated 180 185 383 252 50 300 605 214 2,169 Geographical coverage of 68.96 67.86 80.30 82.89 95.14 78.03 77.37 65.14 76.29 MWPs in 2013 (%) Access to drinking water 54.83 49.74 62.45 49.67 82.50 44.36 51.27 44.06 49.83 in 2013 (%) (1) MWPs = Modern Water Points Source: Appraisal of the 3 years of implementation of the recovery programme An update on public water distribution per region between 2008 and 2013 is presented in the table below:

Public water distribution – installation per region

2008 2009 2010 2011 2012

Across Niger Capacity installed (m3/h) 10 572 10 572 10 572 10 572 10 801 Storage tanks 73 73 73 73 75 Capacity of tanks (m3) 51 870 51 870 51 870 51 870 52 370

Agadez Capacity installed (m3/h) 617 617 617 617 617 Storage tanks 4 4 4 4 4 Capacity of tanks (m3) 2 750 2 750 2 750 2 750 2 750

Diffa Capacity installed (m3/h) 288 288 288 288 288 Storage tanks 4 4 4 4 4 Capacity of tanks (m3) 1 200 1 200 1 200 1 200 1 200

Dosso Capacity installed (m3/h) 670 670 670 670 670 Storage tanks 9 9 9 9 9 Capacity of tanks (m3) 5 200 5 200 5 200 5 200 5 200

Maradi Capacity installed (m3/h) 889 889 889 889 996 Storage tanks 12 12 12 12 13 Capacity of tanks (m3) 5 630 5 630 5 630 5 630 5 880

Niamey Capacity installed (m3/h) 6 000 6 000 6 000 6 000 6 000 Storage tanks 10 10 10 10 10 Capacity of tanks (m3) 18 300 18 300 18 300 18 300 18 300

Tahoua Capacity installed (m3/h) 879 879 879 879 879 Storage tanks 17 17 17 17 17 Capacity of tanks (m3) 8 550 8 550 8 550 8 550 8 550

Tillabéri Capacity installed (m3/h) 471 471 471 471 593 Storage tanks 8 8 8 8 9 Capacity of tanks (m3) 3 150 3 150 3 150 3 150 3 400

Zinder Capacity installed (m3/h) 758 758 758 758 758 Storage tanks 9 9 9 9 9 Capacity of tanks (m3) 7 090 7 090 7 090 7 090 7 090

Source: Niger Water Corporation (SEEN)/ Niger Statistical Yearbook 2009 -2013

Public water distribution – Subscribers and consumption per region (Volume and consumption in 1000 m3)

2008 2009 2010 2011 2012

Across Niger Subscribers 95 322 102 677 108 628 115 675 123 380 Volume pumped 48 612 52 396 54 335 57 693 61 662 Consumption 40 252 44 224 47 092 49 542 52 196 Administration 5 566 6 196 6 283 6 294 6 857 Standpipes 9 182 9 763 10 056 10 346 10 417 Individuals 22 219 24 901 27 228 29 265 31 307 Others 3 285 3 364 3 525 3 637 3 615

Agadez Sub scribers 6 236 6 493 6 788 7 080 7 838 Volume pumped 2 777 2 984 3 179 3 260 3 521 Consumption 2 449 2 731 2 917 3 021 3 257 Administration 472 576 573 603 651 Standpipes 599 646 722 733 742 Individuals 1 273 1 412 1 530 1 596 1 776 Others 105 97 92 89 88

Diffa Subscribers 3 136 3 489 3 735 3 893 4 118 65

Volume pumped 1 016 1 183 1 300 1 397 1 525 Consumption 829 1 021 1 112 1 151 1 233 Administration 170 201 218 217 268 Standpipes 157 165 180 176 167 Individuals 483 633 688 732 776 Others 19 22 26 26 22

Dosso Subscribers 5 941 6 583 6 873 7 273 7 701 Volume pumped 2 948 3 105 3 300 3 527 3 754 Consumption 2 261 2 423 2 545 2 676 2 804 Administration 338 394 353 333 373 Standpipes 644 648 673 677 685 Individuals 1 239 1 347 1 478 1 619 1 705 Others 40 34 41 47 41

Maradi Subscribers 15 499 16 214 16 724 17 578 18 702 Volume pumped 5 559 6 049 6 173 6 550 7 060 Consumption 4 964 5 186 5 636 5 722 6 215 Administration 455 463 509 463 548 Standpipes 1 661 1 690 1 823 1 893 2 018 Individuals 2 715 2 924 3 194 3 251 3 529 Others 133 109 110 115 120

Niamey Subscribers 41 243 44 457 49 570 50 990 54 198 Volume pumped 26 000 27 707 28 952 30 824 32 977 Consumption 20 993 23 062 24 825 26 442 27 719 Administration 2 999 3 328 3 414 3 427 3 651 Standpipes 2 886 3 126 3 201 3 270 3 212 Individuals 12 366 13 736 15 209 16 629 17 759 Others 2 742 2 872 3 001 3 116 3 097

Tahoua Subscribers 10 557 11 664 12 317 13 017 13 849 Volume pumped 4 454 4 932 5 011 5 380 5 511 Consumption 3 906 4 440 4 587 4 848 4 916 Administration 462 469 502 504 529 Standpipes 1 428 1 564 1 544 1 618 1 627 Individuals 1 958 2 344 2 465 2 647 2 688 Others 58 63 76 79 72

T illabéri Subscribers 3 978 4 321 2 496 4 865 5 110 Volume pumped 1 403 1 493 1 639 1 556 1 950 Consumption 1 194 1 288 1 431 1 527 1 771 Administration 242 278 311 328 417 Standpipes 263 260 298 337 427 Individuals 666 727 798 838 900 Others 23 23 24 24 27

Zinder Subscribers 8 732 9 456 10 125 10 979 11 864 Volume pumped 4 455 4 943 4 781 5 199 5 364 Consumption 3 656 4 073 4 039 4 155 4 281 Administration 428 487 403 419 420 Standpipes 1 544 1 664 1 615 1 642 1 539 Individuals 1 519 1 778 1 866 1 953 2 174 Others 165 144 155 141 148 NB: “Others” include businesses, authorities, industries, subsidised offices, supported institutions and diplomatic representations. Source: Niger Water Corporation (SEEN)/ Niger Statistical Yearbook 2009-2013

343. Access to basic sanitation facilities in urban areas increased from 38% in 2006 to 64.77% in 2012. The increase in rural areas was lower, from 6.7% in 2006 to 7.22% in 2012 (source MH/A). 344. In order to change the behaviour of the population with regard to basic sanitation, the Government, with the support of partners, began constructing demonstration latrines for the population to get used to these facilities, which will help to prevent many diseases. Between 2011 and 2013, 31,527 projects were executed, including 30,422 household latrines, 1,070 public latrines (school latrines and public toilets) and 34 grey water drainage projects in Niamey. The Community-led Total Sanitation (CLTS) approach is practiced in 1,060 villages.

Distribution of sanitation projects per region

Region

Agadez Diffa Dosso Maradi Niamey Tahoua Tillabéri Zinder Total Household latrines 1,600 4,193 2,572 9,273 1,762 4,978 2,369 3,675 30,422 Public latrines 6 20 42 387 64 251 116 185 1,071 Villages using CLTS 49 30 131 127 0 145 278 300 1,060 Source: MH/A- Appraisal of the 3 years of implementation of the recovery programme 345. Some cases of water pollution, particularly by extractive industries, are often noted in mining sites. This will be further developed under the section on “peoples’ right to a healthy environment”. 346. The main challenges faced in the water sector include limited funding and investment, lack of maintenance and ageing facilities especially in rural areas, the large nature of projects and/or the poor quality of water in some areas. With regard to the sanitation sector, the main challenges include the population’s low level of hygiene education with high health risks, limited promotion of latrines in rural areas, lack of maintenance of existing sanitation facilities (gutters, public waste bins…), lack of initiative by councils and municipalities to promote activities, and limited investment in sanitation facilities in cities.

J. FAMILY’S RIGHT TO PROTECTION (Article 24) 347. Article 21 of the Constitution of Niger stipulates that: “Marriage and the family shall be the natural and moral basis of the human community. They shall be protected by the State. The State and public authorities shall ensure the physical, mental and moral health of the family, in particular maternal and child health”. -Measures taken to guarantee freedom of consent to marriage 348. In Niger, marriage is governed by two different regimes to be chosen by the future spouses: the law or custom. The law, through the Niger Civil Code, makes consent one of the essential conditions for the validity of marriage. In this regard, Section 147 of the Code stipulates that “without consent, there is no marriage”. The lack of consent therefore constitutes grounds for the annulment of marriage by the competent courts before which a matter is brought by any interested party. According to custom, the consent of the parties is expressed through their legal representatives, which is not sufficient to establish consent. 349. As such, even though the written law is clear on the necessity of consent, it is not the case for customary law where consent is not always guaranteed. However, even though the principle of applying custom is allowed, it is superseded by the law when it goes against the law. Therefore, every interested party has the right to seize the competent courts for his or her consent to be respected.

-Legislative measures taken to abolish customs that may undermine the freedom of choice of spouses 350. Article 63 of Law No. 2004-50 stipulates that: “without prejudice to duly ratified international conventions, legislative provisions or fundamental regulations concerning public order or the freedom of persons, the courts shall apply the custom of the parties: (1) in matters concerning their capacity to litigate, the status of persons, the family, marriage, divorce, filiation, inheritance, donations and bequests”; (2) in matters concerning ownership or real estate property and the rights arising therefrom; except in the event where the dispute is about a registered piece of land or land acquired or transferred legally”. Article 68 of the same law provides that: “if for a dispute one of the parties is governed by the law and the other by custom, the dispute shall be settled in accordance with Article 66”. According to Article 66, “in case of conflict of customs, the matter shall be settled: 1) According to the custom of the woman if the latter is a citizen of Niger; and if this is not the case, according to the custom of the husband, for matters concerning marriage and divorce or the award of custody of children and the fate of the wife in the case of termination of marriage by divorce, repudiation or the death of one of the spouses; 2) According to the custom of the donor, for matters concerning donations; 3) According to the custom of the deceased, for matters concerning inheritance and bequests; 4) According to the custom of the defender, for other matters”. 351. In any case, the principle is that any custom which is inconsistent with the law and/or international conventions duly ratified by Niger cannot prevail. Victims always have appropriate judicial remedies to have their case heard. -Measures taken to ensure that the parties to marriage are 18 years and above 352. Regarding the age of marriage, Section 144 of the Civil Code provides that: “men less than eighteen years of age and women less than fifteen years of age cannot enter into marriage”. As such, the age of marriage for girls is lower than the matrimonial age contained in the Convention on the Rights of the Child. 353. However, the reality is that marriage of minors is still being practiced in Niger. According to the 2012 Multiple Indicator Demographic and Health Survey, the medium age for the first marriage of women between the ages of 25 and 49 is estimated at 15.7 years, and it is almost the same for the age of first sexual intercourse (15.9 years). This medium age for first marriage varies between 15.3 years in Maradi and 19.5 years in Niamey. The medium age for the first marriage of men is estimated at 24.6 years, and it is most delayed in Niamey and among men with a level of education, at least secondary education. 354. There are ongoing legislative reforms to put an end to child marriage. These reforms include the preparation of a draft Children’s Code and the adoption of a draft law to protect girls who are schooling. However, as a result of some social factors, the process of enacting these draft laws is slow. -Equal rights of spouses during marriage and upon dissolution of marriage 355. Even though spouses have rights and obligations upon coming together in marriage, these rights and obligations are not the same for marriages under civil and customary law. Even though the Civil Code recognises the husband as the head of the family, it places on the woman the obligation to contribute to household expenses under Section 203. The said Section stipulates that: “Both spouses, on the basis of marriage, shall have the obligation to feed, support and raise their children”. Moreover, Section 212 of the Code provides that: “Spouses shall owe each other fidelity, help and assistance”. Section 213 stipulates that: “The husband shall be the head of the family. He shall exercise this role in the interest of the household and the children. 68

The wife shall work with the husband to ensure the moral and material wellbeing of the family, contribute to supporting the family, raising the children and preparing their wellbeing. The wife shall replace the husband in his role as the family head if he is unable to manifest his willingness as a result of his incapacity, absence, estrangement or for any other reason”. Section 214 stipulates that: “If the marriage contract does not outline the contribution of the spouses to the responsibilities of the marriage, they shall contribute according to their respective abilities. The husband shall have the primary obligation to shoulder these responsibilities. He is obliged to provide the wife with all the necessary needs in life according to his abilities and status. The wife shall contribute to the responsibilities of marriage through contributions from her bride price or during marriage and from savings from personal resources managed by her. If one of the spouses fails to meet his or her obligations, he or she may be made to do so by the other spouse using the procedures laid down in Section 864 of the Civil Procedure Code”. 356. With regard to customary marriage, the husband is solely responsible for the expenses of the family. The Civil Code recognises only two grounds for the dissolution of marriage, namely the death of one of the spouses or a legally pronounced divorce (Section 227 of the Civil Code). 357. As a means of dissolution of customary marriage, there is also divorce which may be pronounced by the legal authorities at the request of one of the spouses, and in particular repudiation which is the husband’s unilateral recognised right to dissolve a marriage. However, given the harmful consequences of this procedure, more and more cases are being brought before judges, generally by repudiated women, mainly for a decision regarding the custody of children and alimony.

- Special measures taken to guarantee equality and non-discrimination, and the rights of members of vulnerable and disadvantaged groups

358. The principles of equality and non-discrimination are enshrined in the Constitution in Articles 10 and 22 respectively; and the rights of members of vulnerable groups will be addressed under the section on specific rights.

CHAPTER 3: SPECIFIC RIGHTS A.RIGHTS OF WOMEN (Article 18) At the institutional level 359. The Ministry of Population, Women’s Empowerment and Child Protection is the government structure in charge of gender promotion. As such, it is mandated to ensure the implementation of the commitments made by the Government to promote gender equality and equity. After the adoption of the National Policy for Women’s Empowerment in 1996, Niger adopted a National Gender Policy (PNG) in 2008 and its 2009-2018 ten-year plan of action towards the integration of gender issues. The Gender Policy has four areas: 1) Equal promotion of the social status and position of women and men in the family and in the community 360. This measure is aimed at promoting a change in the mentalities of men and women, as well as attitudes and practices that promote equal recognition and equal treatment for women, including building women’s decision-making and implementation capacities, and promoting women’s access to basic social services which is known to contribute significantly to a country’s capacities and human capital.

2) Equal promotion of the potential and position of women and men in the household economy and the market economy 361. This strategic measure is aimed at increasing productivity, women’s production capacity and improving their income level. 3) Strengthening the effective implementation of the rights of women and young girls, the fight against gender-based violence, and the equal participation of men and women in the management of power 362. In Niger, the equal rights of all persons – men and women, boys and girls, is guaranteed in the Constitution. However, the full enjoyment by women and girls of their rights is not effective particularly as a result of ignorance of the laws and socio-cultural factors. 363. Democratisation brought about civic awareness among women who have learned to use it to claim and exercise their right to participate in the management of public affairs. In spite of the progress made, women are still limited to individual actions and decision-making, which leads to their under-representation in decision-making institutions. 4) Strengthening the intervention capacities of the institutional framework for implementing the Gender Policy 364. The establishment of an effective mechanism at the institutional level and ensuring the harmonisation and synergy of activities in the area of gender are conditions that are necessary for the effective implementation of the Gender Policy. At the level of institutionalising a gender approach 365. As part of the implementation of the gender policy, the Government has established units to replace the former gender focal points which was limited to an individual and who did not often have the power to amend the gender reports of his or her institution. These units comprise people of different levels of responsibility and with the power to ensure the integration of a gender dimension into the activities of the various ministries. These people were trained in order to internalise the methodological tools for institutionalising gender in the activities of their institutions. This initiative was launched in nine (9) ministries in 2006 and produced satisfactory results. It is for this reason that it was extended to all the other ministries. At the socio-economic level 366. Niger experiences serious poverty among its population. Poverty among the population is essentially marked by the serious and continuous deterioration of the living conditions of disadvantaged and vulnerable groups, in particular women and children. Even though 48.2% of the Niger population is affected by poverty (in 20113), three out of four poor people are women. This finding reveals the close link between economic development and human development. It also shows the growing impact of gender inequalities on women’s living conditions, potential and capacity. 367. However, efforts have been made to reduce poverty among households, in particular women. These include: - the implementation of the “Increasing the Monetary Income of Women (ARMF)” project in the Dosso region, with the main objective of creating conditions for the massive involvement of women in development activities. The first phase of the programme included an amount of 3,708,799,592 CFAF for activities to reduce the procedure and credit for income-generating activities (IGAs) in 2011. The results obtained after implementing the first phase made the authorities to launch a second phase to the tune of 3,278,000,000 CFAF for the period 2010- 2013; - the implementation, by the Government and partners, of programmes and projects aimed at giving effect to gender equality, including:

3 ECVMA Report produced by the National Institute of Statistics (INS) 70

 The Gender Initiative in Niger (IGN) project;  The Gender Equality Enhancement Programme (PREG);  The Gender Equality Support Fund (FAES), etc. - the institutionalisation of the Crafts Fair for Women (SAFEM); - the allocation of USD 4,000,000 (one billion eight hundred and seventy-three million one hundred thousand (1,873,100,000) CFAF) in the form of credit to women of 5,000 women’s associations for their income-generating activities from 2001 to 2008; - the granting of dairy cattle and breeding stock for cattle fattening; - the installation of grain mills and small drinking water supply systems; and - providing women with equipment for reducing women’s domestic workload (ATD) and agricultural tools (threshing machines, mills, hulling machines, power pumps, carts, grain dryers, improved cooking stoves, borehole, farm inputs, etc.). 368. As stated above, under the section on the right to food, the Government launched the 3N programme in 2011 aimed at improving agricultural, forestry and livestock production among others, by supporting women’s initiatives. At the level of legislation 369. It should be recalled that in Niger, legislation is characterised by a legal regime of dualism in the areas, among others, of inheritance and the status of individuals. In such areas, there are two sources of law, which include the law (Civil Code) and custom (not codified, which is a set of values and rules handed down from generation to generation and which establish the supremacy of men over women). The coexistence of these two sources of law – with more people being tilted towards custom which takes more into account, in the eyes of the majority, the socio-cultural realities of the country, has the impact of diluting the principle of equality among citizens, which is affirmed both in national laws and in international instruments ratified by Niger. 370. It should be noted that Niger is a party to the Optional Protocol to the CEDAW since March 2004. However, the lifting of reservations made during its accession to the CEDAW in 1999 is still facing some problems that the Government is trying to resolve, with the support of its technical and financial partners. Likewise, Niger which was part of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is yet to ratify the instrument as a result of the reluctance of parliament due to recurrent social pressure. In fact, the draft law to ratify the instrument adopted in the Council of Ministers meeting and presented in the National Assembly witnessed two (2) ratification attempts in January 2006 and in May 2007. 371. In 2009, with the Gender Equality Enhancement Programme (PREG), the preparation of a new Code was launched under the name “Personal Status”, under the aegis of the ministry in charge of women’s empowerment. An ethics committee chaired by a Muslim cleric was later established with the mandate to enrich the draft Status. In this regard, forums were organised in all the regions by members of the ethics committee. A workshop was organised to adopt the document. The process to adopt the document is still ongoing. At the level of health 372. Within the framework of improving healthcare for women, the Government has made efforts by enacting several texts aimed at improving maternal and child health. These include: Law No. 2006-16 of 21 June 2006 which makes reproductive health a right, adopting a gender perspective by affirming that with regard to spouses this right shall be exercised not by one of the spouses but by both spouses; Decree No. 2005-316/PR/MSP of 11 November 2005 instituting free healthcare for caesarean deliveries in public hospitals; Decree No. 2007- 261/PRN/MSP of 19 July 2007 instituting free healthcare for the cancer treatment of women in public hospitals; Order No. 0015/MSP/LCE/DGSP of 27 January 2006 on the modalities for implementing the decree on caesarean deliveries; Order No. 65/MSP/DGSP/DPHL/MT of 71

7 April 2006 instituting free contraceptives and condoms; and Order No. 079/MSP/MFE of 26 April 2006 instituting free antenatal consultation and free healthcare for children below the age of 5. 373. With the support of its technical and financial partners and some NGOs, the Government has also provided free healthcare services to women and ensured the social reintegration of women living with fistula. As such, the Government has conducted several free surgery campaigns.

At the political level 374. The implementation of Law No. 2000-008 of 7 June 2000 instituting a gender quota system for elective positions (10%) and in the Administration and Government (25%) helped to significantly increase women’s representation in decision-making institutions both in elective and appointed positions taking into account the above percentages. As stated earlier, a draft law amending the different quotas has been approved by the Government and sent to the National Assembly for adoption. The draft law increases the quotas to 15% and 30% for elective and appointed positions respectively. 375. Progress made regarding women’s candidatures for the 2011 general elections was as follows: - Presidential elections: for the first time, a woman presented her candidature out of the 10 candidates (10%); - Legislative elections: 15 women were elected out of the 113 members of parliament (12.38%); - Local elections: 639 female councillors were elected out of the 3,477 councillors (18.37%). 376. In the Government in 2014, 7 out of 36 are women (19.44%). Out of the 270 local councils there are 8 women mayors (2.96%). For the city councils, there are 17 elected women out of a total of 104 councillors (16%). For the regional councils, there are 36 elected women out of a total of 260 councillors (13.84%).

377. In 2013, there were 40,819 workers in the public service as follows:  Women: 14,303 (35.04%); and  Men: 26,516 (64.95 %). 378. Regarding diplomatic representations, six (6) out of 19 ambassadors are women (13.57%). In order to increase women’s representation in decision-making institutions, the Government of the 7th Republic established in 2011 a Department for Enhancing Women’s Leadership in the General Directorate for the Promotion of Women and Gender. Literacy 379. In Niger, only 28.7% of women are literate. The Government is making every effort to increase literacy in general and in particular among women. The following table shows the distribution of literacy centres across the country in 2012-2013: Table 1: opening of literacy centres in 2012-2013 per type and region Projection Opening % Opening Region Male & Male & Male & Male Female Female Total Male Female Female Total Male Female Female Total Agadez 26 60 74 160 22 51 35 108 84.62 85.00 47.30 67.50 Diffa 16 26 0 42 18 35 7 60 112.50 134.62 142.86 Dosso 69 153 105 327 27 136 139 302 39.13 88.89 132.38 92.35 Maradi 148 313 282 743 82 276 132 490 55.41 88.18 46.81 65.95 Niamey 11 85 100 4 38 42 36.36 44.71 42.00 72

Tahoua 33 139 95 267 45 70 63 178 136.36 50.36 66.32 66.67 Tillabéri 43 163 77 283 6 48 139 193 13.95 29.45 180.52 68.20 Zinder 167 205 166 538 81 106 152 339 48.50 51.71 91.57 63.01 Across Niger 513 1,144 803 2,460 285 760 672 1,717 55.56 66.43 83.69 69.80

B. RIGHTS OF THE CHILD (Article 18) 380. The different Constitutions of Niger have always provided for the promotion and protection of the rights of the child. Concerning the birth registration of children, the civil status law enacted in December 2007 makes it compulsory for parents or any other person having witnessed childbirth to declare birth within 10 to 30 days, failing which penalties shall be levied. However, it should be noted that there are difficulties in meeting these objectives for reasons including ignorance about the usefulness of civil status registration documents. The percentage of children below the age of 5 whose birth was registered in civil status registers increased from 32% in 2006 (25% in rural areas and 75% in urban areas) to 64% in 2012. 381. The Civil Code provides for the procedure for adopting abandoned children or children separated from their parents. In the case of a divorce, custody is granted to one of the parents taking into account the child’s interests. The Civil Code also regulates the administration of the property of orphans. 382. The Penal Code prohibits begging and increases the punishment of persons who use children for begging. It provides for and punishes infanticide, the rape of children below 13 years, sexual harassment, and female genital mutilation. It increases the punishment for the assault and battery of children below 13 years. The Labour Code stipulates that the minimum age for employment is 14 years and regulates the nature of work that may be given to children of this age. 383. Ordinance No. 99-11 on juvenile courts lays down all the protection measures contained in the Convention on the Rights of the Child. Delinquent children are prosecuted by juvenile courts and cannot be sentenced to death nor life imprisonment. Below the age of 13, children are not criminally responsible and are protected by judges. Ordinance No. 99-42 increases the punishment of persons who involve children in the importation, handling, transiting or exportation of drugs. Ordinance No. 99-68 provides for the establishment of a national support fund for children with disabilities. 384. A draft law to amend Ordinance No. 99-11 of 14 May 1999 on juvenile courts was adopted by the Government in April 2014. The draft law includes major improvements to enable Niger to comply with the relevant ratified international legal instruments. The draft law has been sent to the National Assembly for adoption. 385. The Outline Law on the Education System provides for the special education of children with disabilities and protects them against discrimination. There are other programmes for the realisation of the rights of the child such as the National Action Plan for Child Survival, Protection and Development and the Juvenile Justice Project which ended in 2010. 386. Child labour remains an issue of concern for the authorities of Niger, despite government efforts to eradicate the phenomenon. In fact, the number and percentage of children concerned are still high. The following table presents a breakdown of the types of employment for children who have not attained the minimum employment age but who are subjected to child labour under ILO Conventions Nos. 138 and 182.

Children in employment Agriculture/livestock Industry Commerce Domestic Other Total services services

Sex

Number 228,324 52,870 127,298 425,427 55,947 889,866 Boys Percentage 25.7% 5.9% 14.3% 47.8% 6.3% 100.0% Number 34,381 43,969 208,612 680,718 41,542 1,009,222 Girls Percentage 3.4% 4.4% 20.7% 67.4% 4.1% 100.0%

Age Number 13,7365 40,695 180,020 704,553 12,217 1,074,850 5 to 11 years Percentage 12.8% 3.8% 16.7% 65.5% 1.1% 100.0% Number 49,512 14,898 68,392 170,980 33,547 337,329 12 to 13 years Percentage 14.7% 4.4% 20.3% 50.7% 9.9% 100.0% Number 75,828 41,246 87,498 230,612 51,725 486,909 14 to 17 Percentage years 15.6% 8.5% 18.0% 47.4% 10.6% 100.0% Number 262,705 96,839 335,910 1,106,145 97,489 1,899,088 Percentage 13.8% 5.1% 17.7% 58.2% 5.1% 100.0%

All (Source: ENTE conducted by the INS)

387. The Government has conducted several activities as part of its efforts to combat the worst forms of child labour. These efforts include the creation of alternative employment for children (establishment of schools to enrol children who are still of schooling age, initiation of other activities that are compatible with children’s condition, etc.). 388. The phenomenon of street children is reaching alarming proportions, especially in urban centres. According to the CODDHD 2011 report on the human rights situation in Niger, there were more than 11,000 street children. A large number of children are partially or completely deprived of a stable family to ensure their wellbeing, and several others are left to fend for themselves. As a result, these children are exposed to exploitation, begging, prostitution, theft and drug addiction. In order to address this situation, synergies have been created by stakeholders in the area of child protection and include both prevention and protection activities.

C. RIGHTS OF PEOPLE WITH DISABILITIES (Article 18) 389. Ordinance No. 93-012 of 2 March 1993 lays down the minimum rules for the social protection of people with disabilities. In implementing the said Ordinance, two decrees were signed in 2010, one establishing the National Committee for the Promotion of People with Disabilities, and the other on the organisation, responsibilities and functioning of the Committee. Under Article 9 of Decree No. 96/456/PRN/MSP, people with disabilities receive 100% coverage for hospital bills. Under Article 21 of the Ordinance, any public or private company employing more than 20 workers is required to reserve 5% of its workforce for people with disabilities. The implementation of the provisions of this Article has led to the recruitment of about 300 disabled people with degrees into the public service between 2007 and 2014. 390. According to the RGP/H 2001 survey, out of the total population of Niger, there are 0.73% of people with disabilities (44,025 men and 36,010 women). 45% of children with disabilities are girls. The most common cases of disability include the lame (13.37%), deaf (10.61%), blind (11.47%), and mentally retarded (10.23%). There is a large proportion (33.44%) of children with more than one type of disability.

391. According to the RGP/H 2012 survey, there are 222,811 people with disabilities (1.3% of the population of Niger). The number4 per type of disability is as follows: -physically handicapped: 92,462; -deaf: 86,571; -blind: 63,510; -mentally retarded: 50,508; and -lepers: 32,963.

392. The main violence suffered by people with disabilities is stigmatisation by society.

D. RIGHTS OF OLDER PERSONS (Article 18) 393. Niger pays particular attention to older persons. Article 25 of the Constitution of 25 November 2010 stipulates that: “The State shall protect older persons through a social protection policy. The conditions and modalities for their protection shall be laid down by law”. 394. The social protection policy has already been adopted by the Government and an institutional and regulatory framework for the promotion and protection of the rights and the management of vulnerable groups has been established. 395. Moreover, the Government has established a department for the empowerment of older persons at the Ministry of Population, Women’s Empowerment and Child Protection. The department is responsible for drafting and ensuring the implementation of legislative and regulatory texts relating to the rights of older persons. In this regard, and in accordance with Article 25 of the Constitution, a draft law on the protection of older persons is being prepared. Niger is also a party to the International Plan of Action on Ageing.

CHAPTER 4: PEOPLES’ RIGHTS AND STATES’ DUTIES UNDER THE CHARTER A. PEOPLES’ RIGHTS (Article 19) 1) Peoples’ right to equality 396. Niger gained its independence on 3 August 1960 and established its republican institutions in accordance with its Constitution. Niger has since witnessed a succession of Republics whose different Constitutions reaffirm the country’s commitment to its international obligations and to guarantee the rule of law and democracy. The Preamble of the Constitution of 25 November 2010 clearly affirms Niger’s commitment “…to the principles of pluralist democracy and human rights as enshrined in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, and the 1981 African Charter on Human and Peoples’ Rights”. There are nine ethnic groups in Niger which live together in harmony and in mutual respect without any form of discrimination. 2) Peoples’ right to self-determination (Article 20) 397. The Preamble of the Constitution of Niger, as earlier underscored, affirms the country’s commitment “…to the principles of pluralist democracy and human rights as enshrined in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, and the 1981 African Charter on Human and Peoples’ Rights”.

4 These figures take into account multi-disability, that is, people with more than one type of disability. 75

Article 1 of the Constitution stipulates that: “The Republic of Niger is an independent and sovereign nation…” In fact, the principle of self-determination and the fight for colonial liberation is no longer an issue in Niger, a country which has been independent since 1960. 3) Peoples’ right to freely dispose of their wealth (Article 21) 398. This right is contained in some Articles of the Constitution: Article 148 of the Constitution stipulates that: “Underground natural resources shall be the property of the people of Niger. The conditions for their exploration, exploitation and management shall be laid down by law”. Article 149 stipulates that: “The State shall exercise sovereignty over underground natural resources. The exploitation and management of natural and underground resources shall be conducted in a transparent manner and taking into account the protection of the environment and cultural heritage, and preserving the interests of the present and future generations”. Article 152 provides that: “Revenues obtained from natural and underground resources shall be divided into the State budget and the budgets of local governments in accordance with the law”. Lastly, Article 153 provides that: “The State shall invest in priority areas, in particular agriculture, livestock, health and education, and in the establishment of a fund for future generations”. 399. Law No. 2006-26 of 9 August 2006 to amend Ordinance No. 93-16 of 2 March 1993 on the mining law as supplemented by Ordinance No. 99-48 of 5 November 1999 provides precise information on this right. Indeed, Article 95 (new) of the Law stipulates that: “Mining revenues comprising mining royalties, area levies, fixed charges, artisanal mining tax, and proceeds from the sale of artisan miners’ cards (…) shall be divided as follows: -85% for the national budget; -15% for the budget of councils of the region concerned, to finance local development…” This initiative is aimed at boosting the socio-economic development of beneficiary councils. 400. Niger is a party to the UN Global Compact initiative, the Natural Resources Treaty and the ECOWAS Additional Protocol A/SP1/12/01 of 21 December 2001 on Democracy and Good Governance. 4) Peoples’ right to economic, social and cultural development (Article 22) 401. Initiatives taken by the Government in this area have been reported under the section on economic, social and cultural rights, in particular the right to food, right to health, right to education and right to culture.

5) Peoples’ right to international peace and security (Article 23) 402. With regard to this right, it should be noted that the situation has changed significantly since the presentation of the last report. Following the peace agreements signed between the Government of Niger and the armed movements in 2008, several programmes were developed. These include the demobilisation, disarmament and reintegration of former combatants through socio-economic projects. The implementation of the demobilisation phase led to the integration of former combatants into the defence and security forces. This measure helped to restore peace in areas affected by conflict. 403. As a conflict prevention measure, the Government established, at the presidency of the Republic, a High Authority for Peace Consolidation (HACP) with the mandate to “cultivate a spirit of peace and dialogue among the various communities in the country and foster a spirit

76 of mutual trust, tolerance and respect in a common desire to live together”. As part of the implementation of its mandate, the HACP conducts activities with the objective to: -prevent crises and conflicts in and between communities with all the stakeholders and structures concerned; -resolve, through negotiation, conflicts in and between communities; -facilitate consultation and dialogue among the parties affected by a crisis or in conflict; -promote and implement activities aimed at achieving national peace and unity; -contribute towards a safe environment throughout the country; -organise the disarmament, demobilisation, management and reintegration of groups that may pose a security threat; -identify, implement and monitor recovery programmes for communities affected by insecurity as a result of armed conflict and communities at risk; -implement development projects towards contributing to the resolution of problems of insecurity; -facilitate discussions on the new forms of threats to peace and security and their impact on sensitive areas; -implement projects in the areas of peace consolidation, development strategy and security in the Sahel-Saharan part of Niger; -supervise and monitor the socio-economic reintegration of vulnerable groups in collaboration with development partners; -participate in the voluntary return of persons displaced from sensitive areas as a result of conflict in collaboration with government services and technical and financial partners; -participate in regional and cross-border peace, security and development initiatives; and -conduct survey, investigation and research on peace consolidation issues. 404. Several other peace consolidation activities were conducted by the Government for the period 2011-2013. As such, a support fund for peace consolidation initiatives was established to the tune of four hundred and fifty million (450,000,000) CFAF. This fund was used to finance stock-fattening, livestock reconstitution and rural road rehabilitation activities. The Government has also implemented labour intensive public works projects (LIPWP) to the tune of over 2.5 billion CFAF. This amount was used to construct firebreaks, restore degraded land, rehabilitate community infrastructures, and promote hygiene and sanitation in sensitive communities. 405. The Government also financed, for the same period, micro-projects on income- generating activities (IGAs) to the tune of 2.2 billion CFAF. These projects are aimed at reducing vulnerability and poverty among the population, combating youth unemployment and idleness and promoting massive youth participation in efforts to preserve peace and security in the country. 406. It should be noted that in the past years, the security situation at the country’s various borders has been marked by the perpetration of armed banditry, the phenomenon of transnational organised crime, and the activities of terrorist groups. In order to address this situation, the Government has made great efforts to strengthen the operational capacities of the defence and security forces which organise daily joint patrols across the national territory. 407. These activities have led to the recovery of weapons, ammunition, several stolen goods and a huge quantity of drugs, as well as the arrest of several individuals. The impact has been a decrease in the number of armed robberies. 408. The Government has established several structures in order to respond effectively to organised crime. These include the anti-terrorism specialised judicial unit, the National

Coordination Commission for Combating Human Trafficking, and the National Agency for the Fight against Human Trafficking. 409. Several coordination mechanisms were also integrated at the sub-regional and international levels towards conducting concerted activities against terrorist movements in the region. As such, Flintlock operations were organised within the framework of the trans- Saharan counter-terrorism partnership which includes African, European and North American countries. 410. Niger is also part of strategies such as the unified strategy for the Sahel region initiated by the UN system and other multilateral partners. The strategy has two parts, security and development. There is also the implementation of conventions on mutual legal assistance and extradition, strengthening cross-border cooperation, police information and intelligence sharing, and strengthening coordination among services to combat trafficking in persons and smuggling of migrants. 411. Five Sahel countries, namely Niger, Mauritania, Mali, Chad and Burkina Faso, have decided to create a group called Sahel G5 in charge of coordinating and monitoring regional cooperation in order to effectively address threats from terrorist groups and other criminal organisations affecting them. The G5, with its Secretariat based in Niger, has developed a priority investment programme. Niger has already organised several meetings in this regard. A regional strategy is being developed. 412. Lastly, in 2014, other consultation forums were organised mainly bringing together countries bordering tension hotspots (Libya and northern Nigeria in particular) in order to identify common strategies for effectively combating these phenomena. 413. The challenges in this area remain the porous borders and the limited material, human and financial resources necessary to cover a vast country of 1,267,000 km². 6) Peoples’ right to a healthy environment (Article 24) 414. This right is guaranteed in Articles 148 and 153 of the Constitution of 25 November 2010. Several legislative and regulatory texts have been adopted in the area of environment. Moreover, plans and strategies have been developed and implemented, including the National Environment Plan for a Sustainable Development, the National Action Plan for Combating Desertification and Natural Resources Management, the National Strategy and Action Plan on Climate Change, and the Water and Sanitation Policy and Strategies. 415. In March 2013, the Government adopted a draft law prohibiting the production, importation, sale and storage of low density flexible plastic bags. The draft law was sent to the National Assembly for adoption. To accompany this law, the Government envisages as an alternative the production and importation of biodegradable plastic bags. 416. Moreover, Law No. 98-056 of 29 December 1998 establishing a framework for environmental management makes it compulsory for every citizen to contribute to preserving and improving their environment. It provides for an Environmental Impact Assessment (EIA) for all development activities, projects and programmes which, given the extent of their scope or impact on nature and humans, may have an impact on the latter (Article 30). 417. For several decades, Niger has been experiencing a deterioration of its environmental resources, often as a result of the activities of extractive industries such as gold and uranium mining which seriously affect the environment, water and health of the population. Indeed, the use of cyanide in gold mining produces liquid waste that is highly toxic for humans, animals and the environment. With regard to uranium, some studies have shown the existence of pollution in uranium mining areas. The Government is working together with mining companies towards finding the necessary solutions. 418. At a different level, the management of household waste remains poor. Even though the Government has instituted a refuse collection tax, waste is still being dumped and burned in inhabited areas. Councils lack adequate waste management resources. Used water is also

78 often thrown on the streets and in gutters. The refuse collection rate in Niamey is about 40%, according to the city’s sanitation department. 419. At the national level, the extent of the phenomenon of household waste led to the establishment of a ministry in charge, among others, of public sanitation.

B. STATES’ DUTIES UNDER THE CHARTER (Article 25)

1) Specific duties of State Parties under Article 25 of the Charter

420. Compliance with the rights and freedoms contained in the Charter is an essential obligation for each State Party. Niger has taken into account this obligation in Part II of its Constitution on the “Rights and Duties of Individuals”. This part mainly provides for the equal rights and duties of citizens, the right to life, health, education, security and freedom under conditions laid down by law. It also provides for the prohibition of torture and other cruel, inhuman or degrading treatment. It also covers, among others, the presumption of innocence, the right to a fair trial, the protection of the family, the youth and older persons, non-discrimination and the right to property. Article 11 stipulates that: “The human person is sacred. The State has an absolute obligation to respect and protect the human person”. The protection of the environment for future generations and the right to food enshrined in the Constitution are new elements introduced in the Constitution for public authorities to undertake the consequent obligations. 421. Regarding legislative measures, there is Law No. 61-27 of 15 July 1961 establishing the Penal Code amended by Law No. 2003-25 of 13 June 2003 which provides for and prohibits the violation of the physical and moral integrity of persons. Part III provides for and sanctions intentional assault and battery, murder and capital offence, crime and offence against children and the family, and indecent and immoral acts. Likewise, Part II of the Penal Code sanctions the violation of human dignity, in particular discrimination on grounds of race, region and religion (Section 102, Chapter 1, Part II), slavery (Section 210 and following), and malicious accusation. 422. With regard to defamation, it is provided for and sanctioned by the provisions of Ordinance No. 2010-35 of 4 June 2010 on press freedom. These provisions aim to protect citizens from acts constituting an attack on the honour and reputation of persons. 423. Regarding the implementation of the provisions of the Charter, the measures taken relate to the sensitisation of the population and popularisation towards the full awareness by the population of their rights, freedoms and obligations. In Niger, this implementation has included several lessons taught in schools and training institutions and relate to all human rights topics, in particular the rights of women, children and people with disabilities, international humanitarian law, public freedoms, etc. This training was extended to the defence and security forces, most of which have integrated these topics into their training modules. These activities conducted by the Government were supported by technical and financial partners. 424. In addition to these activities, other measures initiated focused on the organisation of seminars, conferences-discussions by civil society to support the efforts of the Government. These measures have helped to further promote the Charter among the various components of the Niger society. 425. At a different level, the courts of Niger, in particular the higher courts, directly apply, whenever necessary, international instruments, including the African Charter on Human and Peoples’ Rights, in settling disputes brought before them. As such, the Constitutional Court, in its Decision No. 007/CC/MC5 of 20 November 2008, concluded that by placing the obligation on the accused person to contribute to proving the prosecution’s case, Article 5 (1)

5 Consult www.cour-constitutionnelle-niger.org, the link on decisions on constitutional matters. 79 of the Ordinance on the suppression of illicit enrichment was inconsistent with Article 7(c) of the African Charter on Human and Peoples’ Rights and, consequently, declared that the said provision was unconstitutional, making it legally unfounded.

Excerpt from the Constitutional Court’s Decision No. 007/CC/MC of 20 November 2008

Considering that respect for the rights of the defence guaranteed in Articles 17(1) of the Constitution, 11(1) of the Universal Declaration of Human Rights and 7(c) of the African Charter on Human and Peoples’ Rights implies in criminal matters, the existence of a fair and equitable procedure guaranteeing a balance between the rights of the parties;

Considering that Article 4 of the contested Ordinance, through the obligations placed on the accused person and the consequences under Article 5 (1) in the event of any failure, requires the accused person to contribute to proving the prosecution’s case; that the right of the accused to avoid self- incrimination is a corollary of the rights of the defence;

Considering further that the excessive powers vested in the office of the public prosecutor bringing about information in disregard of the principle of separation of the authorities to prosecute and to investigate do not serve to guarantee a balance between the rights of the parties;

Considering therefore that since the rights of the defence were not guaranteed, the law could not depart from the presumption of innocence without violating the provisions of Articles 17(1) of the Constitution, 11(1) of the Universal Declaration of Human Rights and 7(b) of the African Charter on Human and Peoples’ Rights; that Articles 4 and 5 (1) of the contested Ordinance should be declared as failing to comply with the abovementioned provisions;

Considering that it should be noted that the failure of Article 5 (1) to comply with the Constitution has consequences on Article 6 which is related to it through the expression “in all other cases”; that Article 5 (1) having been declared to be at variance with the Constitution, it is incumbent on the office of the prosecutor to provide evidence on illicit enrichment; that therefore the expression “in all other cases” contained in Article 6 should also be declared to be at variance with the Constitution;

2) The duty to guarantee the independence of the courts (Article 26)

426. Under this provision, State Parties have the duty to guarantee the independence of the courts. In Niger, this independence is reaffirmed in Article 116 of the Constitution which provides that: “The Judiciary shall be independent of the Legislature and Executive”. The independence of judges is provided for in Article 118 which provides that: “In the performance of their official duties, judges shall be independent and shall be subject only to the law”. The security of tenure of judges is guaranteed in Article 119 (3) of the Constitution which provides that: “Judges shall enjoy security of tenure”. 427. The normal functioning of State institutions does not reveal any interference of the two other branches in the work of the judiciary. The three branches of government all work together towards ensuring respect for the principle of separation of powers. 429. However, the implementation of the principle of independence of the courts faces some challenges due to the limited number of judges and the lack of separation between the functions of public prosecutors and judges. However, the Government is making every effort to ensure this principle particularly by strengthening the role of the High Judicial Council. The justice summit held in this regard in Niamey from 26 to 30 November 2012 made relevant recommendations which the Government is striving to implement. A committee

80 tasked with monitoring these recommendations is currently working to ensure that the recommendations are implemented.

CHAPTER 5: EFFORTS MADE IN THE AREA OF THE RIGHT TO HUMAN RIGHTS EDUCATION

430. Since 2009, Niger embarked on a human rights education programme. As part of the implementation of the programme “improving access to justice and human rights promotion” signed between the Government of Niger and UNDP, an activity was created called “integrating human rights into training curriculums”. This activity, as the name indicates, is aimed at integrating a human rights dimension into training curriculums at all levels. In order to achieve this goal, a brainstorming workshop was organised in 2009 by the Ministry of Justice and the Ministry of National Education with the objective to develop training modules and determine the levels of education that will undergo curriculum reform. The process led to the preparation of a preliminary draft programme for the teaching of human rights in schools and training centres which is in the process of being adopted. 431. In the past years, the Government has conducted some sensitization and human rights education activities. These include: - Training of officials of all ministries on the human rights-based approach and on treaty bodies (2009); - Training of members of the inter-ministerial committee in charge of preparing initial and periodic reports for UN human rights mechanisms (2010); - Human rights training for the military and police officers (2010-2012); - Training and sensitization for NGOs on the Universal Periodic Review (2010); - Institution since 2006 of the 16 Days of Activism (25 November-10 December) against Gender Violence campaign which brings together the Government, civil society and technical and financial partners; and - The defence caravan comprised of lawyers who provide free legal services to accused persons and the population in general. 432. In order to effectively coordinate its activities, the Government has elevated the former Department of Human Rights and Social Affairs at the Ministry of Justice to the Directorate General of Human Rights, Juvenile Justice Protection and Social Affairs, with a broader mandate which includes human rights, juvenile justice protection and social affairs. 433. Lastly, the National Human Rights Commission provided for in Article 44 of the Constitution has effectively been established in accordance with the Paris Principles. In accordance with its mandate, the Commission conducts human rights promotion activities which include training. In 2013, the Commission conducted human rights training for its members and entire staff, in collaboration with the UN system in Niger. 434. The challenges faced in this area are as a result of the lack of human rights resources given the Government’s limited resources.

CHAPTER 6: CHALLENGES FACED IN IMPLEMENTING THE CHARTER WITH REGARD TO THE POLITICAL, ECONOMIC AND SOCIAL CONDITIONS 435. Niger’s democratic process has been interrupted on several occasions since it began in the 1990s as a result of political instability. The interference by the military in the political life of the country has meant starting the process all over which has led to economic sanctions imposed against Niger. As a result, cooperation initiatives for the implementation of projects and programmes were suspended. The serious political crisis of 2009 brought the military into politics on 18 February 2010. 436. In addition to political instability, there has been problems at the socio-economic level, in particular recurrent food crises as a result of poor rainfall which led to poor harvest, causing food insecurity for many people in Niger and forcing the country’s officials to seek international assistance in order to cover deficits and provide food assistance to people in need. After the 2011 general elections, which marked the handover of power from the military to the newly elected authorities, the new government embarked on creating favourable conditions for improving the living conditions of the population by promoting good governance at the political, economic and social levels. 437. However, the Government continues to make substantial efforts to address these situations towards creating conditions for a decisive economic take-off that will guarantee the wellbeing of the population. 438. At the political level, the institution of transparency in the management of affairs and accountability has enabled to create a new momentum that is conducive to the proper functioning of Government services. Performance enhancement and evaluation measures have been instituted to encourage deserving workers by making the competence and merit criteria the only means of promotion in public administration. The 2007 reform of the General Civil Service Regulations was conducted in this regard. 439. At the economic level, there is an improvement in the business sector with an enabling environment where the legal and judicial security of transactions is guaranteed. This has promoted the return of investors who are now present in all sectors of the economy, given the attractiveness of our country in terms of its rich mineral potential and for which the Government has chosen to diversify its partners. The exploitation of oil since 2011 has contributed in generating additional resources for the national budget, which enabled the Government to carry out development projects such as the construction of roads, dams, tanks and water points; the establishment of universities; the construction of medical facilities; and the massive recruitment of workers into the public service, in particular in the health and education sectors. These are some indicators which have had a positive impact on the country’s economy. In addition to this economic boost, there is also the construction of the trans-Saharan road, a strategic road that will link Algeria, Chad, Nigeria and Niger. The road will contribute to strengthening trade between these countries. Niger’s connection to the railway network which has started with the construction of the Niamey-Parakou (Benin) stretch will give Niger access to the various ports in the sub-region and will reduce its challenges as a landlocked country. 440. Lastly, at the social level, the Government has initiated programmes to address the food crisis, including by reconstituting stocks, distributing free food, selling cereals at a moderate price, supplying affected populations with agricultural inputs and improved seeds, and supporting off-season farming. The implementation of the 3N Initiative, whose impact on the population was welcomed in 2013 by the Food and Agriculture Organisation (FAO) (which also commended the Government), constitutes a sustainable solution to the recurrent food crises affecting the country. This initiative, adopted in April 2012, is aimed at addressing the structural causes of food and nutrition insecurity by promoting models of agricultural intensification and sustainable natural resources management which enable increased production and the availability of general consumption and/or high value agricultural products and foodstuffs. This initiative has been discussed further under the right to food. 82

441. These ongoing initiatives will, in the near future, contribute to improving in a substantial manner the living conditions of the population and will help in achieving some of the Millennium Development Goals (MDGs) which are being implemented by Niger, as well as contribute to meeting Niger’s commitments under international legal instruments, in particular the African Charter on Human and Peoples’ Rights.

CHAPTER 7: NIGER’S COMPLIANCE WITH THE CHARTER IN CONDUCTING ITS INTERNATIONAL RELATIONS

442. The Preamble of the Constitution of 25 November 2010 affirms Niger’s commitment to “the principles of pluralist democracy and human rights as enshrined in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, and the 1981 African Charter on Human and Peoples’ Rights” and to “regional and international legal instruments for the protection and promotion of human rights signed and ratified by Niger”. The Preamble also affirms Niger’s commitment to “African unity” and the determination of the people of Niger “to make every effort towards regional and sub-regional integration”. Article 171 of the Constitution stipulates that: “All duly ratified treaties or agreements shall, upon publication, take precedence over domestic legislation, subject, for each agreement or treaty, to their application by the other party”. 443. Through these provisions, Niger has reaffirmed its determination to comply with all its international commitments, including in particular its human rights commitments. Duly ratified international treaties and agreements have a supra-legal force in Niger. As such, the violation by any domestic legislation of an international human rights standard makes it liable to be found unconstitutional by the Constitutional Court and inconsistent with conventions by other competent courts. 444. In conducting its relations with other States, Niger remains committed to the principles of good neighbourliness, non-aggression, peaceful coexistence and non-interference in the internal affairs of other States. As such, Niger has always chosen the path of peaceful conflict resolution. It is for this reason that on two occasions Niger referred matters to the International Court of Justice (ICJ) to resolve its disputes with neighbouring countries. In 2005, Niger signed an agreement referring to the ICJ a matter relating to its territorial dispute with the Republic of Benin, a matter which was settled by the Court through its judgement of 12 July 2005. In 2013, Niger also brought a matter before the ICJ relating to an 86-year-old border dispute with Burkina Faso. The conflict was also settled through the ICJ’s judgement of 16 April 2013. 445. The management of international borders has always been a problem area of major concern to the authorities of Niger. In 1961, the relevant ministry embarked on mapping the borders and producing a report of administrative documents for implementation in order to prevent conflict. To this end, joint commissions are established with neighbouring countries. The most recent is the Niger-Chad joint commission established on 5 July 2013. 446. The geographical position of Niger which shares borders with countries experiencing instability and insecurity as a result of the activities of terrorist groups and drug traffickers puts the country under threat. Given this situation, Niger has signed bilateral and multilateral agreements and has been involved in all sub-regional, regional and international initiatives aimed at preventing conflict and, where necessary, restoring and maintaining peace in the world. As a member of WAEMU, ECOWAS, the African Union and the United Nations, Niger has signed almost all international human rights instruments. Moreover, Niger participates on a regular basis in peacekeeping operations across the world.

447. With regard to consolidating security in the sub-region, the authorities of Niger have made a significant contribution through the participation of peacekeeping contingents from Niger, mainly in Mali and Côte d’Ivoire, and the signing of military cooperation agreements including three signed in 2013 with countries such as Algeria, Nigeria, Iran and Turkey.

CONCLUSION

448. This report, which highlights legislative and administrative measures as well as new policies relating to the Articles of the Charter, shows that there has been a significant improvement in human rights and fundamental freedoms in Niger between 2003 and 2014. 449. The Government’s determination to incorporate a human rights dimension into its political, economic and social programmes is reflected in the significant progress made in the country’s legal and institutional framework, as well as the extent to which the people of Niger enjoy the various rights and freedoms enshrined in the African Charter on Human and Peoples’ Rights. 450. As shown in the analysis of the legal framework, Niger has ratified almost all international and regional human rights legal instruments. The country also has a comprehensive human rights protection law. Moreover, the Constitution of 25 November 2010 reaffirms, in its Preamble, the commitment of the people of Niger to human rights as enshrined in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, and the 1981 African Charter on Human and Peoples’ Rights. As such, these legal instruments have been incorporated into the Constitution of Niger. 451. Furthermore, the institutional structure is in conformity with the principles of democracy and the rule of law, given that Niger has established all the institutions provided for in the Constitution of 25 November 2010, including the National Human Rights Commission which is in accordance with the Paris Principles. 452. According to the analysis of the situation of civil and political rights, significant progress has been made between 2003 and 2014, including the decriminalization of press offences, improved access to justice, and constitutional provisions prohibiting slavery, torture and other cruel, inhuman or degrading treatment or punishment. In fact, the enactment of Law No. 2010-35 of 4 June 2010 on the decriminalization of press offences and the signing in 2011 of the Declaration of Table Mountain enabled Niger to have a good ranking (29th out of 179 countries) in the Reporters Without Borders 2011 world press freedom index. 453. Moreover, the gradual establishment of a legal and judicial assistance mechanism reflects the Government’s determination to improve access to justice, which is an implementation of one of the recommendations made by the African Commission on Human and Peoples’ Rights during the presentation of Niger’s initial report. 454. Niger is also fully committed to combating slavery and human trafficking, as shown by the various administrative measures adopted and the structures established to coordinate the fight against these phenomena. 455. The analysis of the situation of civil and political rights also highlights the Government’s efforts and determination to ensure the peace and security of the population in spite of Niger’s geographical position with regard to neighbouring countries which are affected by conflict and residual violence. 456. With regard to economic, social and cultural rights, the authorities are committed to finding a lasting solution to food insecurity. In addition to enshrining the right to food in the Constitution, Niger adopted, between 2003 and 2014, several policies and strategies aimed at

84 improving the living conditions of the population. This includes the 3N initiative which was implemented with great success and commended by FAO. 457. Regarding specific rights and peoples’ rights, the analysis shows that the various legislative and administrative measures as well as new policies adopted have brought about progress as compared to the situation in 2002. Worthy of note is the improved legal and institutional framework for specific rights and the Government’s commitment to protect the peoples’ right to freely dispose of their wealth and their right to peace and international security. 458. It should be noted that despite the progress made by Niger between 2003 and 2014 in protecting the rights and freedoms guaranteed in the African Charter, much still needs to be done, including in the areas of basic social rights and extractive industries. The recurrent food crisis and fair compensation for mining and energy resources are the major challenges faced by the country. 459. Conscious of these challenges, Niger is committed, with the support of its partners, to developing concrete initiatives which will certainly contribute towards ensuring the effectiveness of social rights. It should be noted that regarding the exploitation of mineral resources, Niger has opted to diversify its partners and is actively engaged towards ensuring fair compensation for mining and energy resources. 460. Finally, Niger remains committed to further promoting and protecting the rights and freedoms guaranteed in the African Charter on Human and Peoples’ Rights.