General Assembly A

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United Nations A

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

General Assembly

Distr.: General 9 November 2015 English

Original: French

Human Rights Council

Working Group on the Universal Periodic Review Twenty-fourth session

18-29 January 2016

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21

^*

Niger

__________________

* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.

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Acronyms and abbreviations

ANLTP National Agency for Combating Trafficking in Persons CNCLTP National Commission to Coordinate the Fight against

Trafficking in Persons

CNDH National Human Rights Commission CSC Higher Council for Communication FDS Defence and Security Forces

FGM Female genital mutilation

HALCIA High Authority to Combat Corruption and Related Offences ILO International Labour Organization

IMC Inter-ministerial Committee for drafting reports to treaty bodies and the universal periodic review

MAE/C/IA/NE Ministry of Foreign Affairs, Cooperation, African Integration and Nationals of the Niger Abroad

MC/RI Ministry for Communications and Relations with Institutions ME/F Ministry of the Economy and Finance

ME/T/SS Ministry of Employment, Labour and Social Security MEP/A/PLN/EC Ministry for Primary Education, Literacy, Promotion of

National Languages and Civic Education

MFP/RA Ministry of the Civil Service and Administrative Reforms MI/SP/D/ACR Ministry of Internal Affairs, Public Safety, Decentralization

and Customary and Religious Affairs

MP/PF/PE Ministry of Population, Advancement of Women and Protection for Children

OHCHR Office of the High Commissioner for Human Rights OIF International Organization of la Francophonie PDES Economic and Social Development Plan UNDP United Nations Development Programme

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Introduction

1. The Republic of the Niger submits to the Human Rights Council its national report for the second cycle of the universal periodic review, pursuant to United Nations General Assembly resolution 60/251, to Human Rights Council resolutions 5/1 and 16/21, and to Human Rights Council decision 17/119.

2. It should be noted that during the previous cycle, the Niger received 112 recommendations, of which 110 were accepted and 2 rejected. Since the consideration of its report, the Niger has continued its efforts to improve the human rights situation on the ground. Indeed, with the support of its technical and financial partners, the Niger drew up a 2012-2015 Action Plan for implementing

recommendations and voluntary commitments resulting from the universal periodic review, in order to honour the commitments made during the first cycle. The implementation of this action plan was evaluated in a 2014 midterm report which took stock of the progress achieved in the implementation of the accepted recommendations.

3. Overall, the majority of recommendations have been acted upon, particularly those related to the ratification of legal instruments, the justice system, the rule of law, the fight against trafficking in persons, slavery, the rights to food, education and health, and the rights of children. Progress has been achieved in the form of several legislative, institutional, economic and other measures. However, other areas, such as women’s rights and third generation rights, continue to experience difficulties either because of insufficient financial resources to ensure effective implementation or on account of sociocultural inertia.

4. The present report describes the status of the implementation of

recommendations and commitments made during the universal periodic review. It is divided into 11 parts. The first part describes the methodology adopted. The second provides general information on developments in the legal and institutional

framework for human rights protection since the first cycle of the universal periodic review. The third part evaluates the promotion and protection of human rights on the ground, as well as compliance with international obligations. The fourth discusses cooperation with international human rights mechanisms. The report then provides a table of information on the follow-up to and implementation of recommendations.

The sixth, seventh, eighth and ninth parts discuss, respectively, the contribution of the international and regional community to the follow-up to and implementation of recommendations and commitments made during the universal periodic review, progress and best practices, difficulties and impediments, and serious human rights abuses and violations. The report then defines the country’s priorities, initiatives and commitments with respect to human rights. Finally, the report states the country’s expectations regarding capacity-building and technical assistance.

I. Methodology and consultation process

5. The present report was drawn up by the Interministerial Committee responsible for drafting the country’s reports to treaty bodies and the universal periodic review (IMC), which was created in 2010 and is composed of 25 members representing 10 technical ministries.

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6. For the drafting of this report, the IMC adopted a participatory and inclusive approach that proceeded in several stages, namely: meetings for setting objectives, the formulation of a timetable and the allocation of tasks, technical discussions with representatives of the International Organization of la Francophonie (OIF), the United Nations Development Programme (UNDP), the Office of the High Commissioner for Human Rights (OHCHR) and the Danish Institute for Human Rights. The National Human Rights Commission (CNDH), trade unions, and civil society organizations were first consulted at the drafting stage. They then took part, together with all the stakeholders, in the national workshop to validate the report, on 10 and 11 September 2015. The report was transmitted to the government on 13 October 2015 for adoption and transmission to the Human Rights Council.

II. Developments in the regulatory and institutional framework for human rights protection

The regulatory framework

7. Since the first cycle of the universal periodic review, Niger has made significant advances in the ratification of human rights instruments and has strengthened its national regulatory framework.

1. Ratification of international instruments

8. Between 2011 and 2015, Niger ratified several international instruments, as mentioned in section III.A.1, 2, 3, and 4 of the table showing the status of the implementation of recommendations.

2. National regulatory framework

9. Several legislative provisions have been adopted, including the following:

• the Order of 16 December 2010 on combating trafficking in persons;

• the Act of 8 August 2011 establishing an Office of the Ombudsman, modified and supplemented by Act No. 2013-30 of 17 June 2013;

• the Act of 7 December 2011 establishing the functions, composition, organization and operation of the Economic, Social and Cultural Council;

• the Act of 14 December 2011 establishing the rules applicable to legal and judicial assistance and creating a public administrative institution named the National Agency for Legal and Judicial Assistance;

• the Act of 14 December 2011 establishing the regulations of the High Court of Justice as well as the procedure to be followed before it;

• the Law of 26 March 2012 establishing the functions, composition, organization and operation of the Court of Audit;

• the Act of 2 May 2012 establishing a public social-welfare institution named the National Monitoring Service for Employment and Vocational Training;

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• the Act of 19 June 2012 establishing the organization and operation of the Constitutional Court as well as the procedure to be followed before it;

• the Act of 24 August 2012 establishing the composition, organization,

functions and operation of the National Human Rights Commission (CNDH);

• the Act of 25 September 2012 on the Labour Code of the Republic of the Niger;

• the Act of 31 December 2012 establishing a public social-welfare institution named the Independent Pension Fund of the Niger;

• the Act of 23 January 2013 establishing the composition, organization, functions and operation of the Council of State;

• the Act of 23 January 2013 establishing the composition, organization, functions and operation of the Court of Cassation;

• the Organic Law of 22 July 2004 establishing the organization and jurisdiction of courts in the Republic of the Niger, modified and supplemented by Act No.

2013-29 of 12 June 2013;

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

• the Act of 20 November 2014 on juvenile courts;

• the Act of 26 May 2015 on migrant smuggling;

• the Decree of 9 December 2010 establishing the procedures for awarding academic scholarships;

• the Decree of 16 September 2011 adopting the National Social Welfare Policy;

• the Decree of 13 December 2012 establishing the by-laws of the National Agency for Legal and Judicial Assistance;

• the Decree of 21 March 2012 establishing the organization, composition and operation of the National Commission to Coordinate the Fight against Trafficking in Persons (CNCLTP);

• the Decree of 21 March 2012 establishing the organization, composition and operation of the National Agency for Combating Trafficking in Persons (ANLTP);

• the Decree of 17 August 2012 setting minimum wages by occupational category for workers governed by the Inter-occupational Collective Agreement;

• the Decree of 17 August 2012 setting the new hourly rate for the General Minimum Wage;

• the Decree of 1 August 2012 adopting the 2012-2015 Economic and Social Development Plan (PDES);

• the Decree of 5 July 2013 adopting the Niger National Policy for the Integrated Development of Young Children, as well as its action plan. This policy covers children aged 0 to 8 years;

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• the Decree of 23 August 2013 adopting the Framework Document for Child Protection in Niger, as well as its action plan;

• the Decree of 4 January 2013 establishing the operating procedures of joint commissions responsible for conciliating disputes between arable and livestock farmers;

• the Decree of 23 January 2013 establishing the practical modalities for carrying out the national survey of pastoral lands and resources;

• the Decree of 3 January 2014 establishing the criteria and procedures for providing proof of indigence, in order to qualify for legal aid;

• the Decree of 17 February 2014 establishing the functions, organization and operation of the High Authority for Peace Consolidation;

• the Decree of 25 June 2015 adopting the action plan for the implementation of the national policy on the justice system and human rights.

III. National institutions for the promotion and protection of human rights

10. Constitutional Court: created in 2012, this court has jurisdiction over constitutional and electoral matters.

11. Court of Cassation: created in 2013, this is the highest court of the Niger for judicial matters.

12. Council of State: created in 2013, this is the highest court for administrative matters. It rules on abuses of authority by administrative authorities at first and last instances, as well as on applications for interpretation and assessment of the legality of administrative actions.

13. High Court of Justice: created in 2011, this court has jurisdiction to try the President of the Republic for high treason committed in the exercise of his or her duties. It also has jurisdiction to try members of the government for crimes or offences committed in the exercise or the course of their duties.

14. Court of Audit: created in 2012, this is the highest court responsible for the supervision of public finances. It exercises jurisdictional power, and supervisory and consultative competence.

15. National Human Rights Commission (CNDH): created in 2012, this is an independent administrative authority that ensures the promotion and effectiveness of rights and liberties enshrined in the Constitution.

16. Higher Council for Communication (CSC): created in 2012, this is an independent administrative authority that protects and guarantees the freedom and independence of audiovisual media and the written and electronic press, in accordance with the law.

17. Office of the Ombudsman: created in August 2011, this is an independent authority that receives, under the conditions established by law, claims relating to the functioning of State agencies, local governments, public institutions and any

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other public-service body, in their interaction with citizens. This law was modified and supplemented in 2013.

18. Economic, Social and Cultural Council: created in 2011, this council assists the President and the National Assembly in economic, social and cultural matters. It gives its opinion on government and private members’ bills of an economic, social and cultural, but not financial, nature.

19. National Commission to Coordinate the Fight against Trafficking in Persons (CNCLTP): created in 2012, this is the entity responsible for driving, designing, and developing policies and programmes aimed at preventing trafficking in persons.

20. National Agency for Combating Trafficking in Persons (ANLTP): creat ed in 2012, this is the operational structure responsible for executing and implementing national policies and strategies adopted by the CNCLTP, as well as for

implementing the associated action plan.

21. National Agency for Legal and Judicial Assistance (ANAJ J): created in 2011, this organization is responsible for making legal and judicial assistance available to certain categories of vulnerable persons and to those who lack the financial means to bear the costs of a trial.

22. High Authority for Peace Consolidation: created in 2011, this organization is responsible for “cultivating a spirit of peace and dialogue between the country’s various communities and maintaining a spirit of mutual trust, tolerance and respect, out of a shared desire to live together”.

23. Office of the High Commissioner for the 3N Initiative, Les Nigériens Nourrissent les Nigériens (lit. people of the Niger feeding people of the Niger):

created in 2012, this entity is responsible for helping the Niger make a qualitative leap in investments in rural development as well as in the related sectors of agribusiness and the trade in local agro-sylvo-pastoral products.

24. High Authority to Combat Corruption and Related Offences (HALCIA):

created in 2011, this entity is responsible for the following tasks: monitoring and evaluating the Government Anti-Corruption Programme; registering, centralizing and acting on any complaints filed with it regarding any practice, deed or act of corruption or related offences; conducting any studies or investigations, and proposing any legal, administrative or practical measures that are liable to help prevent and curb corruption; identifying the causes of corruption and proposing to the competent authorities any measures liable to eliminate corruption in all public and semi-public institutions; and accomplishing any other task conferred upon it by the President.

IV. Promotion and protection of human rights on the ground and compliance with international obligations

25. Civil and political rights have undergone remarkable developments since 2011.

Indeed, as part of efforts to improve access to justice, the Niger held the General Conference on Justice in 2012, which led to the formulation of a National Policy on Justice and Human Rights, as well as a Ten-year Action Plan for the period 2016- 2025.

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26. Moreover, the Niger has made significant progress in the promotion and protection of freedom of the press, particularly with the President’s signing of the Declaration of Table Mountain, which seeks to abolish the imprisonment of journalists for performing their professional duties. Likewise, in order to enhance the capacities of privately-owned media, the government has increased the budget of the press support fund, which is distributed annually among the different media based on previously defined criteria under the supervision of the CSC. Thanks to these various measures, the Niger was ranked 29th out of 179 countries in the 2011 World Press Freedom Index published by Reporters Without Borders.

27. Efforts have also been made to combat slavery and trafficking in persons. For example, in addition to enshrining the abolition of slavery in the Constitution (article 14), the Niger has authorized state-approved charities that are statutorily involved in the fight against slavery to file applications with the courts to obtain redress for acts of slavery. Likewise, the government has established the CNCLTP and the ANLTP in order to strengthen efforts to combat slavery and trafficking in persons. The Special Rapporteur on contemporary forms of slavery, including their causes and consequences, commended the Niger for its efforts in this area in her 2014 mission report.

28. Regarding freedom of association, political parties, groups of political parties, trade unions, non-governmental organizations and other associations or groups of associations may be set up and conduct their activities freely, in accordance with existing laws and regulations.

29. The right to security is guaranteed through the deployment of the Defence and Security Forces (FDS) and the creation of special units in order to address

challenges related to the immense size of the country’s territory and the porous nature of its borders. In order to better contain the terrorist threat, the Niger has established a counter-terrorism institutional framework, composed mainly of a National Security Council, a counter-terrorist judicial unit and a central counter- terrorism office. Despite all of these measures, as of 6 February 2015, the Niger has become the direct target of Boko Haram, whose attacks have caused major losses of human life.

30. Regarding the death penalty, it should be noted that the Niger is a de facto abolitionist country, as its death sentences are commuted to life sentences. The last execution took place in 1976. Moreover, since 2010, the government has initiated various actions aimed at abolishing the death penalty. These actions will be discussed in the responses to recommendations Nos. 78.21–78.28.

31. Progress has been made in the area of economic, social and cultural rights, particularly in regard to healthcare, education, employment and nutrition.

32. Regarding the right to education, the government has implemented public policies aimed at eliminating or reducing primary school fees. These policies include free textbooks for basic cycles one and two, the creation of cafeterias for nomadic schools, and the formulation of a strategic plan on school meals in order to encourage the most impoverished parents to enrol their children in school and to ensure that they remain enrolled. The details will be provided in the responses to recommendations Nos. 76.71–76.74.

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33. In order to improve public health, the Niger has prepared a Health

Development Plan, which provides for the implementation of strategies specific to issues such as free health care, the reduction of maternal and neonatal mortality rates, and STIs and HIV/AIDS. Free health care for children under five and women, including prenatal consultations, caesarean sections, family planning services, screening, and treatment for women’s cancers, obstetric fistulae and HIV/AIDS has made it possible to significantly improve the health of mothers and children. The details will be provided in the responses to recommendation No. 76.70.

34. In order to give effect to the right to food enshrined in the Constituti on, the Niger has adopted and implemented the new 3N Initiative, which has allowed the country to achieve the Millennium Development Goal 1 target of halving the proportion of people suffering from malnutrition. This achievement earned the country a distinction from the Food and Agriculture Organization in 2012 and 2015.

35. The right to work and other related rights are enshrined in article 33 of the Constitution. Trade union rights of public- and private-sector workers have been reaffirmed by the new Labour Code and General Civil Service Regulations. Several other measures discussed in the responses to recommendations Nos. 76.47–76.49 and 76.52 have been implemented.

36. Regarding the rights of specific groups, laudable efforts have been made in respect of women’s participation in politics, with the modification of the Quota Act (which raised the percentage of women in elected office from 10 per cent to 15 per cent) and, in economic terms, with the implementation of several socioeconomic projects aimed at increasing women’s monetary income.

37. Legislation protecting the rights of children has been strengthened, and several policies have been adopted to give these rights effect, such as the Niger National Policy for the Integrated Development of Young Children and the Framework Document for Child Protection.

38. Regarding the rights of persons with disabilities and of senior citizens, the main developments have been the adoption of a National Social Welfare Policy and the establishment of a regulatory framework aimed at improving support for these target groups.

V. Cooperation with international human rights mechanisms

39. Since the first cycle of the universal periodic review, the Niger has demonstrated its readiness to cooperate with the mechanisms instituted by treaty bodies. This willingness was expressed in a letter from the Minister of Justice to the Office of the United Nations High Commissioner for Human Rights dated

21 August 2012, in which the government extended a standing offer to Special Procedures Mandate Holders to visit the Niger upon their own request or on the initiative of national authorities. On the basis of this offer, the Niger received a visit in 2014 from the Special Rapporteur on contemporary forms of slavery, including its causes and consequences. The Niger actively took part in the presentation of her mission report, which took place in September 2015 during the thirtieth session of the Human Rights Council. More details on cooperation with treaty bodies will be given in the response to recommendations Nos. 76.17, 76.18 and 78.12.

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VI. Follow-up to and implementation of recommendations and commitments made in the first cycle of the universal

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.

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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;

• 2 conferences on Wahaya held in 2014.

Ministry of Justice, MP/PF/PE, MEP/A/PLN/EC, Ministry of Internal Affairs

Long-term

2. National Human 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

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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 Justice, Constitutional Court, Independent National Electoral Commission, MI/SP/D/ACR

Short-term

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

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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 Justice, MAE/C/IA/NE, Office of the President, Constitutional Court.

Medium-term

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.

Ministry of Livestock, MI/SP/D/ACR, Ministry of Justice

Medium- and long-term

6. Rights of women and children (76.13)

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

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short-term–

medium-term–

ongoing)

C. Impunity 1. General (76.55, 76.57)

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.

Ministry of Justice, MI/SP/D/ACR, Ministry of National Defence

Ongoing

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 Livestock, MI/SP/D/ACR, Ministry of Justice

Ongoing

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.

MP/PF/PE, Ministry of Justice, MI/SP/D/ACR

Long-term

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

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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;

MAE/C/IA/NE, Ministry of Justice, MI/SP/D/ACR,

Medium-term

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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, MAE/C/IA/NE, CNDH, civil society organizations

Medium-term

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.

Ministry of Justice, MAE/C/IA/NE, MP/PF/PE, Ministry of Transport

Short-term

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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, MP/PF/PE, Ministry of National Education, Ministry of Justice

Short- and medium-term

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, Ministry of Justice, Inter- ministerial Committee

Medium- and long- term

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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, Constitutional Court,

MAE/C/IA/NE, Office of the President

Medium-term

2. Protection of the 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, Ministry of Justice, civil society organizations, NGOs

Medium-term

3. Female genital mutilation (FGM) (76.27–76.31)

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 2013.

MFP/RA, MP/PF/PE, ME/T/SS

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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 of Justice, Ministry of National Education, MFP/RA, ME/T/SS

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short-term–

medium-term–

ongoing) class in the fourth grade of primary

education (CE2);

(c) Inclusive schools place

“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.

MAE/C/IA/NE, Ministry of Justice, MI/SP/D/ACR

D. Trafficking in 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.

Ministry of Justice, MI/SP/D/ACR

E. Freedom of opinion and expression (76.58–

76.60)

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.

Ministry of Justice, MC/RI, CSC

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 Justice, MC/RI, CSC,

MI/SP/DC/ACR

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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 councillors, 8 out of 270 mayors, and 15 out of 113 deputies in Parliament are women;

• Regarding appointed positions:

the President of the Constitutional Court and the President of the High Court of Justice are women; as for the Government, 7 out of 31 ministers are women;

• Gender has been integrated in 52 community development plans.

MI/SP/D/ACR, Ministry of Justice, MAE/C/AI/NE, Constitutional Court

Immediate and short- term

V. Economic, social and cultural rights A. Food and water

(76.67 and 76.68)

In progress • The right to food and water is enshrined in article 12 of the Constitution;

• The Order of 1 April 2010 establishing the Water Code;

• In 2012, adoption of the 3N Initiative with the goal of helping to free the people of the Niger from hunger and ensuring the conditions for full participation in national production and in boosting their income;

Provision of:

• 78,921.422 tonnes of various seeds, 62 million manioc and sweet potato cuttings;

• 34,001.5 tonnes of fertilizer, 187,895 litres of pesticides and 490,000 bags of fungicide, and 4624 phytosanitary treatment devices;

• 88 storage depots, 218 supply centres for agricultural equipment and inputs, 8 onion

Office of the President, Ministry of Agriculture, Ministry of Livestock, Ministry of Water and Sanitation, ME/T/SS

Ongoing

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short-term–

medium-term–

ongoing)

• Substantial budgetary resources have been allocated over the last four years;

• Food security programme in place based on the nutritional and food security section of the National Contingency Plan, the overall objective of which is to lessen the impact of food and nutritional crises on the population;

• Implementation of annual support plans for vulnerable persons with the support of the international

community;

• Adoption of the 2011-2015 National Programme for Clean Water Supply and Sanitation;

• In 2014, adoption of the National Stock-Watering Strategy.

trading centres, 334 inventory credit warehouses and 1207 cereal banks containing 17,778 tonnes of cereals;

• Construction of 20 hydro- agricultural dams and 51 water- spreading weirs, and restoration of 92 ponds;

• As of 31 December 2014, the rate of access to water in rural areas was 77.1 per cent;

• In urban areas, the MDG target has been exceeded by a wide margin, with an 88.85 per cent rate of access.

B. Fight against poverty (76.64–76.66)

In progress • Adoption of the 2012-2015 PDES, which aims to accelerate growth and improve living conditions among the population.

• Implementation of the PDES increased GDP by 10.8 per cent in 2012.

Ministry of Land- use Planning and Community Development

Long-term

C. Rights to education (76.71–76.74)

In progress • Adoption of the 2012-2020 Sectoral Education and Training Programme;

• Implementation of a sustainable development strategy (Niger/2035) and the 2012-2015 PDES;

• Recruitment of teachers for primary and secondary education;

• Number of teachers increased through signing contracts;

• Establishment of school cafeterias;

• Formulation of a strategy for enrolling girls in school;

• Awareness-building and

communication on girls’ education, as well as the implementation of incentives designed to support girls’

• Recruitment of 8382 teachers at the primary level and 1918 at the secondary level between 2010 and 2014;

• Contracts signed with 15,000 new teachers at the primary level and 5200 at the secondary level;

• 549 primary school cafeterias established in 2013, and 62 secondary school cafeterias in rural, nomadic areas in 2012;

• 12,416 primary school teachers trained in continuing

pedagogical training sessions and workshops;

Ministry of National Education, ME/F, technical and financial partners

Long-term

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short-term–

medium-term–

ongoing) access to education and their

retention in school;

• Increase in the budgetary resources allocated to education;

• Improvement of pedagogical training;

• Infrastructure development.

• 31 primary education inspectors and 131 educational advisers trained at the Ecole Normale Supérieure (Teacher’s College);

• 6665 primary education classrooms constructed out of permanent materials between 2011 and 2014.

D. Socioeconomic development plan and programme (76.11, 76.14)

In progress • The PDES is part of an overall objective of ensuring the economic, social and cultural well-being of the entire population of the country.

Refer to section V.A and section V.C.

Ministry of Land- use Planning and Community Development, Ministry of Justice, ME/F, MAE/C/IA/NE

Short-term

VI. Rights of specific groups A. Women’s rights

1. Access to health care and health services (76.69)

In progress • Adoption of the 2011-2015 Health Development Plan;

• Infrastructure development;

• Increase in nursing staff numbers;

• Resumption of mobile surgery in 2014;

• Establishment of an ad hoc committee to ensure that women’s health care continues to be free of charge;

• Implementation of reforms to improve the quality and ease of access of health care and health services for women and children in rural areas:

• Mobile consultation campaigns;

• Awareness and educational campaigns for men and women in order to eliminate FGM and harmful practices;

• Construction of 15 Integrated Health Centres, 10 health huts and 38 maternity clinics between 2011 and 2015;

• Recruitment of 536 doctors, pharmacists, surgeons and dentists, 1874 paramedics, 10 national UNV midwives, 10 international UNV doctors and 2290 other health workers by contract from 2011 to 2015;

• 4 mobile surgery missions carried out resulting in 693 operations, 2028 surgical consultations and 970 gynaecological consultations;

• 2 dental surgery missions carried out providing care to

2086 persons;

• 7 Mother and Child Health Centres put into service in the country’s Regions;

Ministry of Public Health,

MP/PF/PE, ME/F, Ministry of Land- use Planning and Community Development , Ministry of Justice, MAE/C/IA/NE

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short-term–

medium-term–

ongoing)

• Implementation of new community- based strategies to strengthen the response capacities of health-care facilities, as well as a review of the Minimum Care Package for health huts;

• 1036 “schools for husbands”

established in Zinder, Maradi, Dosso, Tahoua and Tillabéry.

2. Participation in the conduct of public affairs (76.62 and 76.69)

In progress See response IV. G See response IV. G MP/PF/PE,

Constitutional Court, Ministry of Justice,

MAE/C/IA/NE

3. Gender equality (78.19 and 78.20)

In progress For information on gender equality measures, refer to section IV.B.1.

Refer to section IV.B.1. MP/PF/PE, Ministry of Justice, MI/SP/D/ACR, MAE/C/IA/NE, civil society organizations

4. Violence against women (76.32 and 76.33)

In progress Refer to responses in section II.D.2 and section IV.A.3.

Refer to responses in section II.D.2 and section IV.A.3.

5. Right to health (76.70)

In progress • The right to health is enshrined in article 12 of the Constitution;

• Public Health Code;

• Reproductive Health Act;

• Adoption of a law on the prevention, treatment and control of HIV/AIDS;

• Free health-care services for children aged 0 to 5 years and for women, particularly prenatal consultations, caesarean sections, family planning services, screenings, and treatments for women’s cancers, obstetric fistulae and HIV/AIDS.

• Reduction in maternal mortality rate from 648 deaths per 100,000 live births in 2006 to 554 per 100,000 in 2010 and 535 per 100,000 in 2012;

• Reduction in infant mortality rate from 63.2 deaths per 1000 in 2010 to 51 per 1000 in 2012;

• Reduction in infant and child mortality rate from 130.5 deaths per 1000 in 2010 to 127 per 1000 in 2012;

• Reduction in neonatal mortality rate from 33 deaths per 1000 in 2006 to 24 per 1000 in 2012;

Ministry of Public Health,

MP/PF/PE, ME/F

B. Rights of the child 1. Trafficking, violence and sexual exploitation, and forced labour (76.34,

In progress • Refer to responses in section II.B.2 and 3, section II.D.2, and section IV.A.2 and 3.

Refer to responses in section II.B.2 and 3, section II.D.2, and section IV.A.2 and 3.

MP/PF/PE, MET/SS, MFP/RA,

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short-term–

medium-term–

ongoing) 76.35, 76.51 and 76.52) • Creation of CNCLTP and ANLTP in

2012;

• The Labour Code criminalizes child labour, thereby giving effect to ILO convention 182;

• ILO convention 29 and its 2014 Protocol;

• ILO convention 105;

• Launch of the project to combat forced labour and discrimination;

• In 2015, adoption of the law on migrant smuggling.

Ministry of Justice, MAE/C/IA/NE

2. Death penalty (76.22) Completed • Article 29 of the Act of 20 November 2014 on juvenile courts abolishes the death penalty for minors.

• 0 death sentences for minors. Ministry of Justice

Immediate and short- term

3. National Action Plan (76.53)

In progress • Formulation of a National Action Plan to Combat Child Labour.

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

MET/SS, MP/PF/PE, Ministry of Justice

79.1 and 79.2 Completed • The Niger reiterates its position on these recommendations as indicated in paragraphs 79 and 80 of the document A/HRC/17/15.

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VII. Contribution of the international and regional community to the follow-up to and implementation of recommendations and commitments made in the first cycle of the universal periodic review

41. Within the framework of implementing the recommendations made during the universal periodic review, the Niger has benefited from the support of the

international community (UNDP, OIF, OHCHR, UN Women) in the form of assistance provided by the Inter-ministerial Committee of experts, which helped prepare the action plan to implement recommendations and the mid-term report on the implementation of accepted recommendations. The UNDP, OIF and Danish Institute for Human Rights also contributed to the preparation of the present report.

VIII. Progress and best practices

42. Examples of progress and best practices include:

• The establishment of all the institutions provided for by the Constitution, including the National Human Rights Commission, which is consistent with the Paris Principles;

• The strengthening of the legal and institutional framework to combat trafficking in persons;

• The enshrinement in the Constitution of the abolition of slavery, torture and other cruel, inhuman or degrading punishment or treatment;

• The decriminalization of press crimes and the increase in the press support fund;

• The elimination of discrimination against women in the matter of transmission of a woman’s citizenship to her husband;

• The improvement of birth registration, particularly in rural areas, through conducting mobile court hearings to draw up birth certificates;

• The organization of human rights training sessions for various target groups;

• The creation of school cafeterias to increase the number of girls enrolled in primary education;

• The establishment of “schools for husbands”;

• The rehabilitation of degraded land to combat both desertification and poverty;

• The management of pastoral mobility;

• Compliance with the Extractive Industries Transparency Initiative;

• The establishment of the parliamentary network for transparency in extractive industries;

• The formulation and implementation of a programme to incorporate human rights into the curricula for primary schools, secondary schools and vocational training centres;

General Assembly A

United Nations A