Follow-up to and implementation of recommendations and commitments made in the first

periodic review

40. The table below presents, by thematic area, the measures and actions

undertaken and/or carried out by the Niger over the last four years in order to act on

the recommendations made in the universal periodic review.

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

I. National policies, strategies and institutions A. National policies and strategies

1. Human rights awareness-building, education and training (76.10, 76.25–76.26, 76.29 and 76.30)

In progress • Awareness campaigns on FGM and the practice of Wahaya;

• Human rights education, training and awareness-building; a programme incorporating human rights into school lessons was developed and implemented;

• Human rights training programmes for magistrates and law enforcement officials;

• Awareness-building and training on Wahaya and other similar practices for magistrates, FDS and traditional leaders, provided by the ANLTP.

• 11,316 messages broadcast on radio and TV regarding the ban on FGM and early and/or forced marriages;

• 50 curriculum planners trained;

• Human rights training modules for teachers produced;

• Human rights perspective incorporated into the curriculum;

• 10 human rights awareness and training sessions held for 284 magistrates and 98 law enforcement officials;

• Study conducted on Wahaya and awareness-building on this practice provided to target groups; Rights Action Plan (76.8 and 76.9)

In progress • Adoption of the National Policy on Justice and Human Rights and its 2016-2025 action plan.

• Adoption of a citizenship and human rights education programme;

• Development of a four-year strategic plan by the National Human Rights Commission.

• The impact of these measures cannot be evaluated until after these programmes have been implemented.

B. National human rights institution National Human Rights

Institution (76.5–76.7)

Completed • A quasi-judicial National Human Rights Commission was established pursuant to article 44 of the Constitution.

• An operational body consistent with the Paris Principles;

• Activity report submitted to the National Assembly in 2013;

• 9 missions carried out on the ground in the country’s Regions, including in detention facilities;

CNDH Ongoing

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

• 27 complaints received and examined in 2013;

• Four-year strategic plan (2014-2017) available.

II. Governance (democracy, elections, the judicial system, transparency and the fight against impunity) A. Democracy and elections

Democracy and elections (76.16)

Completed Timetable for re-establishing democracy has been followed.

• Constitutional referendum on 31 October 2010;

• Municipal and regional elections on 11 January 2011;

• Legislative elections coupled with the first round of the presidential election on 31 January 2011;

• Second round of the presidential election on 12 March 2011.

Ministry of

B. Judicial system 1. Torture (76.23, 76.24 and 76.56)

In progress • Article 14 of the Constitution prohibits acts of torture and any other cruel, inhuman or degrading treatment.

• Consultations have been held on the adoption of a law criminalizing torture, as mentioned in the previous report (A/HRC/17/15/ADD.1).

• The bill to criminalize torture is under consideration for adoption.

Ministry of Justice, National Assembly

Short-term

2. Trafficking in persons (76.47–76.49 and 76.52)

In progress • Ratification of the United Nations Convention against Transnational Organized Crime and the Protocols thereto;

• Ratification of ILO Conventions 182 and 138. These conventions were incorporated into the Labour Code by the Act of 25 September 2012;

• The Order pertaining to the fight against trafficking in persons provides for a special fund to compensate victims;

• Adoption of the 2014-2019 Action Plan of the CNCLTP;

• In 2014, 142 trafficking cases were prosecuted by the courts;

• 10 training sessions organized by the ANLTP for 315 officials involved in the fight against trafficking in persons;

• 16 training and awareness-building sessions organized by the ANLTP for magistrates, FDS officers, traditional leaders, community radio presenters and

Ministry of Justice (CNCLTP, ANLTP), ME/T/SS

Ongoing

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

• Training provided by the ANLTP for those responsible for combating human trafficking;

• Outreach and awareness-building on the Human Trafficking Act.

civil society organizations.

3. Slavery (76.37–

76.46)

In progress • Prohibition of slavery enshrined in article 14 of the Constitution;

• In 2014, adoption of a National Action Plan to combat trafficking in persons and related offences, including slavery.

• 139 prosecutions against perpetrators of trafficking in persons and slavery.

Ministry of Justice, MP/PF/PE

Ongoing

4. Death penalty (78.21–

78.28)

In progress • Accession to the Second Optional Protocol on capital punishment; in 2014, voted in favour of the resolution adopted by the United Nations General Assembly calling for a global moratorium on the death penalty;

• Please refer to views on the

conclusions and/or recommendations made by the government following consideration of the first cycle report of the universal periodic review (A /HRC/17/15/Add.1, paras. 10-14)

• Death sentences are commuted to life imprisonment by the President when certain national events are commemorated.

Ministry of

5. Pastoral legislation (76.4)

In progress • Strengthening of the legal framework

• Two decrees adopted in 2013, the first establishing the operating procedures of joint commissions responsible for conciliating disputes between arable and livestock farmers, the second establishing the practical modalities for carrying out the national survey of pastoral lands and resources.

In progress • Strengthening of the legal framework;

increase in the number of women in elected office; bringing laws into line with the provisions of international legal instruments concerning the rights of women and children.

• Quota Act of 5 November 2014;

• Act of 5 November 2014 on the Nationality Code of the Niger;

• Act of 20 November 2014 establishing the powers, functions and operation of juvenile courts.

MP/PF/PE, Ministry of Justice

Short-term

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable

In progress • Strengthening of anti-impunity institutions.

• HALCIA established;

• The Office for Combating Corruption and Influence Peddling established, accompanied by a helpline.

Long-term

2. Torture (76.56, 78.30) In progress • The Criminal Code and the Code of Criminal Procedure are being revised with the aim of defining torture as a specific offence;

• Cases of torture brought to the attention of the courts are systematically prosecuted under other classifications provided by the Criminal Code.

• The bill to criminalize torture is under consideration for adoption.

3. Conflict between nomads and settled communities (76.54)

In progress • Implementation of the National Policy on the Prevention and Management of Rural Conflicts;

• In 2011, creation of the Directorate for Preventing and Managing Rural Conflicts, attached to the Ministry of Livestock;

• In general, conflicts between arable and livestock farmers are resolved through conciliation. In the event of any physical harm and/or death, the case is brought before the courts.

• In 2012 and 2013, awareness-building among stakeholders in 28 Communes in the Regions of Dosso and Tahoua; in 2015, a mission to build on conflict management in 17 Departments in the Regions of Tillabéry, Dosso, Tahoua, Maradi and Zinder and a mission to manage conflicts related to land and water resource management in the Region of Tillabéry;

• Rural and land disputes for the period 2012-2014: 2899 cases filed;

44 dismissed; 120 conciliated;

795 judged on the merits.

Ministry of

D. Victim assistance mechanisms

1. Slavery (76.50) In progress • Standardization of procedures for identifying victims of trafficking in persons; establishment of referral mechanisms.

• Discussions are under way on the establishment of victim assistance mechanisms.

2. Sexual violence (78.33)

In progress • Prevention of sexual violence and punishment of its perpetrators;

• 927 cases of sexual violence prosecuted between 2011 and 2014;

Ministry of Justice, MP/PF/PE,

Ongoing

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

• Medical, psychological and social assistance for victims;

• Establishment of a framework for consultation with stakeholders involved in combating gender-based violence;

• Awareness-building campaigns to change attitudes;

• Formulation of a national strategy to combat gender-based violence;

• Completion of a study on the scale and determinants of gender-based violence.

• 128 victims of sexual violence were provided with assistance by civil society organizations in 2011;

• Awareness-building among 1097 persons by civil society organizations led to commitment to inform and raise awareness among members of their communities in 2011;

• Awareness-building among 3200 persons at the launch of the 2011 sixteen-day activist campaign to counter violence against women and children, in Niamey, Tillabéry and Diffa.

MI/SP/D/ACR, civil society organizations

E. Transparency and good governance Transparency and good

governance (76.15)

In progress • The Court of Audit;

• Establishment of HALCIA;

• Establishment of the National Financial Intelligence Unit (CENTIF);

• The Extractive Industries Transparency Initiative (ITIE);

• Various agencies tasked with monitoring public services;

• In August 2011, an Order was adopted establishing a charter on access to public information and administrative documents;

• In 2015, creation of an economic and judicial unit.

• 3 reports published by the Court of Audit between 2012 and 2015;

• 15 cases processed by CENTIF between 2011 and 2014;

• 56 prosecutions for

misappropriation of public funds between 2011 and 2014;

• ITIE report published annually between 2010 and 2014;

• 76 audits of public procurement practices, 9 administrative inquiries into State companies and offices and projects and programmes between 2011 and 2015.

Office of the President, the Government, Court of Audit, Ministry of Justice

Long-term

III. International instruments and cooperation with international human rights mechanisms A. Improving cooperation with treaty bodies

1. Ratification (76.1, 76.2, 78.1–78.7 and 78.11)

In progress • Launch of the process for ratifying the Second Optional Protocol on civil and political rights;

• Draft bill authorizing the ratification of the Second Protocol transmitted to the National Assembly;

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

• Launch of the process for ratifying the Convention relating to the Status of Stateless Persons;

• Process for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance.

• Process for ratifying the Optional Protocol to the Convention against Torture;

• Launch of the process for ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR);

• Process of ratifying the Optional Protocol to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict.

• Convention relating to the Status of Stateless Persons awaiting ratification;

• International Convention for the Protection of All Persons from Enforced Disappearance ratified on 3 July 2015;

• Optional Protocol to the Convention against Torture ratified on 7 November 2014;

• Optional Protocol to the ICESCR awaiting ratification;

• Optional Protocol to the CRC on the involvement of children in armed conflict ratified on 13 March 2012.

MP/PF/PE

2. Withdrawal of reservations (78.8–78.10, 78.17 and 78.32)

In progress • Discussions continue on the withdrawal of reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), despite obstacles posed by sociocultural inertia;

• In 2014, a committee was set up to examine the possibility of withdrawing reservations;

• Three-year communications plan for the period 2015-2017 has been formulated in order to achieve the withdrawal of reservations.

• 3 meetings held by the committee.

• The results and impact will be evaluated as the implementation of the plan progresses.

MP/PF/PE,

3. Special Procedures (78.14–78.16)

In progress • Agreement reached in 2012 to extend to Special Procedures Mandate Holders a standing invitation to visit the Niger.

• Implementation of the universal periodic review recommendation on special procedures.

• In 2014, a visit from the Special Rapporteur on slavery;

• The Niger participated in the presentation of the report of the Special Rapporteur in September 2014.

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing) 4. Cooperation with

treaty bodies (76.17, 76.18 and 78.12)

• Resumption of interactive dialogue with the various treaty bodies.

• Presentation of periodic report on the CERD in 2015;

• Submission of CRC and first protocol, CEDAW and CRPD reports;

• Presentation of combined periodic report (2003-2014) on the implementation of the African Charter on Human and Peoples’ Rights in 2015.

MAE/C/IA/NE,

B. Technical assistance (76.3 and 76.75–76.77)

In progress • Organization of several activities for the promotion and protection of human rights, in collaboration with agencies of the United Nations system;

• Technical support from OHCHR, UNDP and OIF to the

Interministerial Committee responsible for drafting reports.

• Training of magistrates, members of civil society organizations, FDS officers, law enforcement officers, and traditional and religious leaders on human rights issues;

• 115 United Nations Volunteers (UNV), made available by UNDP to the population of the Niger, including 28 expatriates;

• Plan formulated to implement universal periodic review recommendations (2012-2015);

• 7 reports drafted between 2011 and 2015;

• UNV lawyers made available by UNDP to IMC.

MAE/C/IA/NE, Ministry of Justice

Long-term

C. National mechanism to monitor and coordinate the implementation of international obligations (76.12, 78.13 and 78.18)

In progress • Preparation of CEDAW and CRC reports;

• With regard to the recommendations of the African Commission on Human and Peoples’ Rights (ACHPR) concerning indigenous populations, the Niger does not recognize indigenous peoples, but rather minority peoples;

• In 2011, a division was set up to combat FGM.

• CEDAW and CRC reports transmitted to treaty bodies in August 2015;

• The IMC has prepared

10 reports, of which 3 have been presented and 5 transmitted, with 2 still pending;

• A collection of legal texts on gender and human rights was put together by the MP/PF/PE and validated in 2012.

MAE/C/IA/NE,

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

IV. Civil and political rights

A. Right to life and physical integrity 1. Death penalty (76.21,

78.21–78.23, 78.25 and 78.28)

In progress Refer to responses in section II.B.4 Refer to responses in section II.B.4 Ministry of Justice, family and marriage (78.32)

In progress • Articles 21-24 of the Constitution enshrine the right to protection of the family;

• Article 144 of the Civil Code defines the marriageable age;

• Refer to responses in section III.C.

• In 2013, the forum on “Women, Families and Social Values Systems in the Niger” was held, addressing topics such as the effect of crises on families, the role of women in managing conflicts, domestic violence, etc.

MP/PF/PE,

In progress • Articles 232.1-232.3 of the Criminal Code define and penalize FGM

• Appeal to traditional and religious leaders in Téra and Say (the areas most affected) on the subjects of reproductive health, FGM and human rights;

• Awareness campaigns with a view to the retraining of circumcisers;

• Training for community radio hosts in Téra and Say on the subjects of reproductive health, FGM and human rights.

• 279 prosecutions against perpetrators of abuse and other reported acts of violence in 2014;

• In 2011, a circumciser was convicted for having

circumcised seven girls between the ages of 23 days and 2 years;

• Awareness-building among 222 adolescents between the ages of 10 and 14, school attenders and non-school attenders, in 17 villages in Say and 20 villages in Téra, on the issues of reproductive health, FGM and human rights;

• Awareness-building among 64 traditional and religious leaders on the issue of FGM.

MP/PF/PE, Ministry of Public Health, Ministry of Justice

Short- and medium- term

B. Equality – non-discrimination 1. Gender equality

(76.19)

In progress • The principle of equality among citizens is enshrined in the Constitution;

• The proportion of women in public posts rose from 30.66 per cent in 2011 to 33.50 per cent in

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing)

• Labour law: the principle of equal access to public and private employment is established in the General Civil Service Regulations and the Labour Code. Any act of discrimination in this respect leads to cancellation of the appointment, without prejudice to any disciplinary, or even criminal, penalties, as the case may be.

2. Equality of persons with disabilities (76.20)

• The Niger has had a National Social Welfare Policy in place since 2011;

• Full medical coverage for disabled persons in public health facilities is planned;

• Persons with disabilities enjoy free legal and judicial assistance;

• The General Civil Service

Regulations guarantee a quota of five per cent to persons with disabilities in the recruitment process for public officials;

• the 2012 Labour Code requires all employers to reserve at least five per cent of their vacant positions for persons with disabilities;

• the educational system accommodates children with disabilities in the following three ways:

(a) Specialized schools host children with the same disability (e.g. the blind, the deaf) until they reach the end of primary education;

(b) Regular schools have integrated classes that host children with sensory impairments in one special class for four years, after which the children are integrated into a regular

• 650 certificates issued to persons with disabilities residing in Niamey between 2013 and 2015;

• 300 graduates with disabilities recruited between 2007 and 2014;

• 4 specialized schools;

• 26 integrated classes;

• 8326 children with disabilities enrolled in school, of which 438 are deaf and 240 blind.

MP/PF/PE, Ministry of Public Health, Ministry

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing) class in the fourth grade of primary

education (CE2);

“normal” children and children with disabilities in the same class beginning with the first grade of primary education (Cours d’Initiation).

C. Torture and cruel, inhuman or degrading treatment or punishment (76.23, 78.29)

In progress • Refer to responses in section II.C.2;

• Refer to responses in section III.A.1.

• Refer to responses in section II.C.2.

• Refer to responses in section III.A.1. persons, slavery and related practices (76.37–

76.41 and 76.46)

In progress • Refer to responses in section II.B.2 and 3.

• Refer to responses in section II.B.2 and 3.

In progress • Freedom of opinion and expression enshrined in article 30 of the Constitution;

• The Order of 2010 on rules governing freedom of the press enshrined the decriminalization of press offences;

• Higher Council for Communication established;

• Declaration of Table Mountain signed on 30 November 2011;

• Proliferation of audiovisual media and the written press;

• Journalists have founded the Niger Independent Observatory for Ethics and Professional Conduct in the Media.

• In 2014, the Niger was ranked 47th out of 180 countries, 7th in Africa and 2nd in Francophone Africa;

• Online media has grown in recent years;

• 0 journalists imprisoned since 2011;

• Press support fund regularly disbursed, and increased by 25 per cent in 2015;

• As of 2015, there are 14 TV channels (including 2 public ones), 2 TV service packages, 49 private radio stations, 134 community radio stations and more than 50 private newspapers.

F. Freedom of assembly and association (76.61)

In progress • Freedom of assembly and association enshrined in articles 32 and 34 of the Constitution;

• The 2012 Labour Code guarantees the freedom to form trade unions to

• Associations and trade unions freely assemble, including on public premises;

• Between 2011 and 2013, 585 NGOs, 320 associations and

Ministry of

A/HRC/WG.6/24/NER/1

Recommendations Status of

implementation Measures taken/proposed

Performance indicators (results) Impact of measures on the

implementation of recommendations and

commitments Responsible entities

Timetable (immediate–

short-term–

medium-term–

ongoing) public- and private-sector workers. 8 political parties were

authorized to carry out their activities;

• As of 2015, there are 2202 associations, 1557 NGOs, 79 political parties, 13 trade union federations and 1 association of non-affiliated unions, bringing together over 250 unions.

G. Participation in the conduct of public affairs (76.63)

Completed • Article 10 of the Constitution defines the framework for the exercise of the right to participate, referring to the law for the conditions of

participation.

• Electoral Code;

• Charter of Political Parties;

• Quota Act.

• Regarding elected positions:

17 out of 104 city councillors, 36 out of 260 regional

在文檔中 General Assembly A (頁 11-27)