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Association Nigérienne de lutte contre la Corruption Section de Transparency International National Integrity System Assessment REPUBLIC of NIGER With the support of: 1 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 ©2011 Association Nigérienne de lutte contre la Corruption (ANLC) Section de Transparency International. All rights reserved. Transparency Ethiopia has published this study with the support of the European Investment Bank. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of January 2011. Nevertheless, ANLC cannot accept responsibility for the consequences of its use for other purposes or in other contexts. 2 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 I Introductory Information 4 Table of II About the NIS Assessment 8 III Executive Summary 13 Contents IV Country Profile 27 V Corruption Profile 31 VI Anti-Corruption Activities 33 VII The National Integrity System 39 1. Legislature 40 2. Executive 58 3. Judiciary 68 4. Public Administration 83 5. Law Enforcement Agencies 96 6. The Independent National Electoral Commission 105 7. Office of the Ombudsman 115 8. Court of Auditors 118 9. Anti-Corruption Agencies 127 10. Political Parties 129 11. Media 141 12. Civil Society 154 13. Business 162 VII Bibliography 172 3 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 I INTRODUCTORY INFORMATION I INTRODUCTORY INFORMATION 4 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 I INTRODUCTORY INFORMATION Report Author and Lead Consultant: Mr IDRISSA ALICHINA KOURGUENI, Economist, Demographer Authors Study Coordinator: Mr BOUREIMA GADO, External Relations Secretary of the Nigerien Anticorruption Association 5 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 I INTRODUCTORY INFORMATION It has been possible to carry out this study only due to the help and Acknowledge- collaboration with many people and institutions. The research team would like to acknowledge and wholeheartedly thank and express our ments gratitude to all the people who in many ways have been involved in the organisation process of this study addressing the National Integrity Systems (NIS) in Niger. We also wish to thank the donor, the European Investment Bank, for generous support of this project. 6 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 I INTRODUCTORY INFORMATION Acronyms NA National Assembly ANDDH Nigérien Association for the Defence of Human Rights ANDP Nigérien Alliance for Democracy and Progress ANLC Nigérien Anti-corruption Association, Transparency International Chapter CNN National Advisory Council CS Supreme Court CAB/PM Prime Minister / Cabinet CAGI General and Institutional Affairs Commission of the National Assembly CCAIN Niger Chamber of Commerce, Craft Industry and Industry CDS Democratic and Social Convention CENI National Independent Electoral Commission CSC Communication Higher Commission DGPN Directorate General of the National Police FNIS Intervention and Security National Forces FAN National Armed Forces FSEJ Faculty of Economics and Law Sciences FUSAD United Front for the Safeguarding of Democratic Gains GN National Gendarmerie LONANI Niger National Lottery M.J/GS Ministry of Justice MAE/C Ministry of Foreign Affairs and Cooperation MAT/DC Ministry of Country Planning and Community Development MDN Ministry of (National) Defence MEF Ministry of (Economy and) Finance MFP/T Ministry of (the Civil Service and) Employment MI/D Ministry of the Interior and Decentralization MNSD National Movement for a Development Society PJ Criminal Investigation Department PM Prime Ministry / Prime Minister Cabinet PNDS Democracy and Socialism Nigérien Party PRN Presidency of the Niger Republic SGG (Niger) Government (General) Secretariat SG-AG (Niger) Government (General) Deputy Secretariat NIS National Integrity Systems TI Transparency International UAMD Abdou Moumouni Dioffo University in Niamey, Niger 7 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 II ABOUT THE NIS ASSESSMENT II ABOUT THE NIS ASSESSMENT 8 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 II ABOUT THE NIS ASSESSMENT Numerous studies have shown that corruption hinders economic development. While present in all countries, corruption has been shown to be more deeply rooted in developing countries. It can take several different forms, the most visible one being that an appreciable volume of resources, allocated to improve the living conditions of populations, is diverted from their real objectives. These resources are used as “donations”, “gifts”, “grafts”, “baksheesh” or “traditional kola” in order to secure public or private procurements, to do someone a favour and so forth, all of which contribute to the general decline of institutions. Corruption is so widespread in underdeveloped countries, particularly African ones, that the International Monetary Fund (IMF) and the World Bank (International Bank for Reconstruction and Development / IBRD) recognize that prior to the introduction of any development policy, it is essential to set up structures to prevent the misappropriations of funds. Currently, before any international aid is granted, these institutions make it a compulsory condition that good governance criteria (freedom of expression, political accountability, political stability, the efficiency of the government, oversight mechanisms and respect of the rule of law and fight against corruption) are respected. Many poor countries’ sustainable development is therefore reliant on their determination of anti-corruption control. In order to combat this phenomenon, it is essential to know its roots and causes, as well as all the consequences it generates. This is the principal justification for undertaking National Integrity Systems (NIS) assessments in different countries. About the National Integrity Systems (NIS) The National Integrity System (NIS) assessment approach used in this report provides a framework to analyse the effectiveness of a country’s institutions in preventing and fighting corruption. The assessment has a strong consultative component involving the key anti-corruption actors in government, civil society, the business community and other relevant sectors with a view to building momentum, political will and civic demand for relevant reform initiatives. The NIS concept has been developed and promoted by Transparency International as part of its holistic approach to countering corruption. A well-functioning NIS provides effective safeguards against corruption as part of the larger struggle against abuse of power, malfeasance, and misappropriation in all its forms. However, when these institutions are characterised by a lack of appropriate regulations and by unaccountable behaviour, corruption is likely to thrive with negative knock-on effects on the goals of equitable growth, sustainable development and social cohesion. Strengthening the NIS promotes 9 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 II ABOUT THE NIS ASSESSMENT better governance across all aspects of society, and, ultimately, contributes to a more just society overall. The Niger NIS country report offers an assessment of the principal institutions of governance responsible for enhancing integrity and combating corruption in Niger. These governance institutions are generally considered to be comprised of a minimum of 13 “pillars”: Legislature Supreme Audit Institution Executive Anti-corruption Agencies Judiciary Political Parties Public Sector Media Law Enforcement Civil Society Agencies Electoral Management Business Body Ombudsman The assessment examines both the formal framework of each pillar, as well as the actual institutional practice, thereby highlighting discrepancies between the formal provisions and reality on the ground. Each pillar is assessed via a set of indicators which measure its following features: Capacity Governance Role within the governance system Resources Transparency Pillar-specific Independence Accountability Integrity Mechanisms In order to take account of important contextual factors, the assessment of the governance institutions is embedded in a concise analysis of the overall political, social, economic and cultural conditions in which these governance institutions operate. In addition, the assessment is based on a holistic approach to preventing corruption, since it looks at the entire range of relevant institutions and also focuses on the relationships among them. 10 NATIONAL INTEGRITY SYSTEM | REPUBLIC OF NIGER 2010-2011 II ABOUT THE NIS ASSESSMENT The research methodology uses qualitative information from legal documents, key informant interviews and secondary data sources collected by a lead researcher in-country and structured along the set of indicators for each pillar. The NIS presupposes that a lack of integrity in a single institution could lead to serious flaws in the entire integrity system. As a consequence, the NIS assessment does not seek to offer an in-depth evaluation of each pillar, but rather puts an emphasis on covering all relevant pillars and at assessing their inter-linkages. Its results are geared towards providing constructive recommendations for strengthening the overall integrity of the governance system, and can also be used as a benchmarking tool to measure progress over time, to compare performance across institutions, and to identify best as well as bad practices. The NIS assessment is led by a local civil society organisation which uses a consultative approach, involving the key
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