Author: European Country of Origin in information network
Affiliated organization: The Austrian Centre for Country of Origin and Asylum Research and Documentation(ACCORD)
Type of publication: Periodical report
Date of publication: 11 March 2020
Respect for the Integrity of the Person, Including Freedom from:
Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were unconfirmed reports the government or its agents committed arbitrary or unlawful killings. For example, the armed forces were accused during the year of executing persons believed to be fighting with extremist groups in both Diffa and Tillabery Regions rather than holding them in detention. Early in the year, there were reports in the Tillabery Region that government security forces coordinated military operations alongside an armed group that recruited and used child soldiers.
In May when international partners made the government aware of these allegations, the government took steps to prevent this coordination. Malian militia groups such as the Movement for the Salvation of Azawad and Imghad Tuareg and Allies Self-Defense Group (GATIA) were accused of committing human rights abuses in the country, including kidnapping and killing persons believed to be collaborating with extremist groups.
The governmental National Human Rights Commission (CNDH) reported receiving several complaints about arbitrary and unlawful killings attributed to security forces and to Malian militias operating within conflict areas of the country. Armed terrorist groups, including Boko Haram and groups affiliated with al-Qaida, ISIS in the Greater Sahara (ISIS-GS), and ISIS-West Africa (ISIS-WA), attacked and killed civilians and security forces.
Disappearance
There were some reports of disappearances perpetrated by security forces in both the Tillabery and Diffa Regions.
There were also multiple instances of kidnappings by armed groups and bandits. For example, the kidnapping of tens of local chiefs throughout the year in the Diffa Region was attributed to Boko Haram.
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices; however, there were reports by domestic civil society organizations that security forces beat and abused civilians, especially in the context of the fight against terrorism in Diffa and Tillabery Regions. Security forces were also accused of rape and sexual abuse, which the government claimed to investigate.
There were indications that security officials were sometimes involved in abusing or harming detainees, especially members of the Fulani minority or those accused of affiliation with Boko Haram or other extremist groups. There were allegations that security forces and local leaders in the Diffa Region harassed or detained citizens they accused of collusion with Boko Haram, forcing the citizens to pay a “ransom” to end the harassment.
The CNDH investigated some allegations that security forces or agents of the government had committed extrajudicial killings, abuse, and disappearances. The government and military reportedly also investigated these accusations, although no information was available on their conclusions.
Prison and Detention Center Conditions
Conditions in the prisons were harsh and life threatening due to food shortages, overcrowding, inadequate sanitary conditions and medical care, and attacks by violent extremist organizations.
Physical Conditions: The government reported in December there were 41 prisons designed to hold 10,555 persons. According to the government, prisons held 10,723 inmates; however, human rights observers stated overcrowding remained a widespread problem. For example, the prisons of Niamey and Diffa were respectively designed to hold 445 and 100 persons but towards year’s end held 1,379 and 400 inmates. In Kollo Prison, prisoners slept outside in the courtyard due to lack of space inside the wards.
Prison officials held female inmates in separate quarters that were less crowded and relatively cleaner than men’s quarters. They generally held juveniles separately in special rehabilitation centers or in judicially supervised homes. Terrorist and high-threat offenders were separated from other criminal offenders. The prison system made no provision for special services for detainees with disabilities. Authorities held pretrial detainees with convicted prisoners.
Nutrition, sanitation, potable water, and medical care were poor, although officials allowed inmates to receive supplemental food, medicine, and other items from their families. Basic health care was available, and authorities referred patients with serious illness to public health-care centers. Observers noted judicial slowness, dilapidated prison premises (except at the Tillabery prison), an insufficiency of prison staff, a lack of funding for food, health care, and maintenance, and inadequacy of postrelease reintegration systems.
Administration: Judicial authorities and the CNDH investigated and monitored prison and detention center conditions and followed up on credible allegations of inhumane conditions. Prison management generally permitted prisoners and detainees to submit complaints to judicial authorities without censorship.
Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention, and the law prohibits arbitrary detention without charge for more than 48 hours and provides for the right of any person to challenge the lawfulness of his or her detention, with some exceptions. If the prosecutor receives a case in which an individual was not charged within 48 hours, the case must be dismissed.
An investigator can request a waiver for an additional 48 hours (total of 96 hours) before charging an individual. The law allows individuals accused of terror-related crimes to be detained without charge for 15 days, which can be extended only once, for an additional 15 days (total of 30 days).
Denial of Fair Public Trial
Although the constitution and law provide for an independent judiciary, the executive branch sometimes interfered with the judicial process. The government reassigned some judges to low-profile positions after they asserted independence in handling high-profile cases or rendered decisions unfavorable to the government. There were allegations the government interfered or attempted to interfere in high-profile court cases involving opposition leaders. Judicial corruption–exacerbated by low salaries and inadequate training–and inefficiency remained problems.
There were reports that family and business ties influenced lower-court decisions in civil matters. Judges granted provisional release pending trial to some high-profile defendants, who were seldom called back for trial and had complete freedom of movement, including departing the country, and could run as candidates in elections.
Customary courts and traditional mediation did not provide the same legal protections as the formal court system. Traditional chiefs may act as mediators and counselors. They have authority to arbitrate many customary law matters, including marriage, inheritance, land, and community disputes, but not all civil issues. Chiefs received government stipends but had no police or judicial powers.
Political Prisoners and Detainees
There were reports of political prisoners who remained incarcerated during the year. Saidou Bakari, a member of the leading opposition party, remained jailed since 2016 on corruption charges dating back to 2005, although a gendarmerie investigation found no proof of wrongdoing. Mallah Ari’s case–who was receiving medical treatment in France–remained pending at year’s end. Critics alleged the continuation of their cases and jailing were political in nature. Ide Kalilou was released on February 22, his case dismissed after 1,010 days of pretrial detention.
Of the 29 persons detained in connection with antitax demonstrations during 2018, one remained in pretrial detention: Sadate Illiya Dan Mallam (or Malam) was arrested in April 2018 in the city of Zinder. In May a Zinder judge heard Sadat’s case and released him due to insufficient evidence. As is common in the judicial system, within hours the local prosecutor filed an appeal, returning Sadat to jail. Sadat said his 13-month pretrial detention was political revenge for his activism against government corruption.
Respect for Civil Liberties, Including:
Freedom of Expression, Including for the Press
The constitution and law provide for freedom of speech, including for the press, but the government sometimes threatened and harassed journalists and members of the media.
Freedom of Expression: The government arrested civil society activists and pressured journalists who expressed criticism of the government.
Authorities occasionally subjected journalists and civil society activists to harassment apparently linked to their reporting. The government broadly excluded opposition journalists from official press conferences and events
From April to December, nine social media activists were either briefly detained, summoned, or arrested. In April Mohamedine Mohamed, a blogger, was arrested on the charge of working under the guise of a fake profile. On May 29, Bana Ibrahim Kaza, a young politician and blogger from Lumana-Africa, the largest opposition party, was detained for posting an article on his blog. On December 19, Kaocen Saidou Maiga was arrested for posting an article on social media about the December 10 terrorist attack in which 71 soldiers were killed at an army camp at Inates.
Violence and Harassment: Authorities occasionally subjected journalists and civil society activists to harassment apparently linked to their reporting. The government broadly excluded opposition journalists from official press conferences and events.
Internet Freedom
The government did not restrict or disrupt access to the internet, but it monitored online content and used Facebook postings as a basis to charge civil society activists with crimes. For example, Ali Tera, who was deported from the United States in April for overstaying his visa, was arrested based on his online activity in which he was critical of the government, including calling for the president’s assassination. Ali Tera remained in detention.
In June the National Assembly adopted a law intended to counter cybercriminality but regulates social media use by criminalizing “blackmail,” propagation of “fake news,” “defamatory writings,” “hate speech,” or “libel” on social media. Offenders could face from six months to three years in prison and pay a fine ranging from one to five million CFA francs ($1,700 to $8,500). Critics of the law believed it aims to silence social media, journalists, and bloggers from exerting their rights on the internet, since authorities were increasing restrictions on traditional press.
Freedom of Peaceful Assembly
Although the constitution and law provide for freedom of assembly, police sometimes forcibly dispersed demonstrators. The government retained authority to prohibit gatherings under tense social conditions or if organizers did not provide 48-hour advance notice.
On December 26, the Niamey Special Delegate’s Office, acting in its capacity of mayor, issued a statement banning a peaceful protest scheduled for December 29 by a coalition of civil society associations against recurring deadly terrorist attacks in the country and the presence of foreign military troops. The mayor justified the ban noting fears of outbreak of social upheaval. Civil society members planned to express their frustration with the government for the December 10 terrorist attack at the military camp in Inates in which 71 soldiers were killed. Despite the stated ban, a peaceful protest took place.
Internally Displaced Persons
The Office of the UN High Commissioner for Refugees (UNHCR) estimated there were more than 104,000 internally displaced persons (IDPs) in the Diffa Region, with almost 190,000 nationally, and 29,954 returnees displaced because of Boko Haram-instigated violence. These IDPs resided mainly in out-of-camp settings in the region. The government worked with foreign donors, international aid organizations, and NGOs to supply IDPs with shelter, food, water, and other necessities.
Intercommunal conflict between farmers and herders in northern Tillabery Region, combined with banditry and attacks by terrorist groups, resulted in population displacement. At the end of November, UNHCR reported approximately 55,030 IDPs in the Tillabery Region and 22,925 in the Tahoua Region
The government engaged in efforts to promote the safe voluntary return or resettlement of IDPs. In December 2018 the National Assembly adopted a law based on the 2009 African Union Kampala Convention for the protection and assistance of persons fleeing violence, floods, drought, and other disasters, which would primarily benefit IDPs.
Intercommunal conflict between farmers and herders in northern Tillabery Region, combined with banditry and attacks by terrorist groups, resulted in population displacement. At the end of November, UNHCR reported approximately 55,030 IDPs in the Tillabery Region and 22,925 in the Tahoua Region.
As of June between 20,000 and 60,000 refugees entered Maradi Region, fleeing violence in the Zamfara and Sokoto States of Nigeria.
Protection of Refugees
As of year’s end, UNHCR managed three refugee camps in the Tillabery Region (Tabareybarey, Mangaize, and Abala) and one official “refugee zone” in the Tahoua Region (Intikane), where refugees could settle freely with their livestock and thus maintain their traditional pastoral way of life. UNHCR estimated that in addition to the IDPs mentioned above, there were an estimated 56,500 Malian refugees in Tillabery and Tahoua Regions.
A tripartite agreement between UNHCR and the governments of Niger and Mali, signed in 2014, provides a legal framework for voluntary returns respecting international standards. The parties considered conditions in parts of northern Mali were not yet conducive to returns in safety and dignity and therefore return was not being promoted
UNHCR also managed one refugee camp in the Diffa Region with 14,500 refugees. UNHCR estimated that in addition to the 104,000 IDPs, there were more than 119,000 Nigerian refugees in the Diffa Region. More than 88 percent of refugees in the Diffa Region resided outside of formal camps.
A tripartite agreement between UNHCR and the governments of Niger and Mali, signed in 2014, provides a legal framework for voluntary returns respecting international standards. The parties considered conditions in parts of northern Mali were not yet conducive to returns in safety and dignity and therefore return was not being promoted.
Freedom to Participate in the Political Process
Recent Elections: President Issoufou of the Nigerien Party for Democracy and Socialism (PNDS) won his second mandate in the 2016 presidential election, while a coalition led by the PNDS won 118 of 171 National Assembly seats in the legislative elections. The constitution limits residents to two terms in office.
The opposition MODEN-FA Lumana party secured 25 seats, and the National Movement for the Development of Society won 20 seats. PNDS party member Brigi Rafini retained his post as prime minister. The African Union certified the election as free and fair over the criticism of some domestic observers, who noted the jailing of the leadership of the main opposition party, among other irregularities.
In anticipation of presidential elections in 2016, the government postponed local elections scheduled for 2015. Subsequent legislation allowed the government to authorize the continued service of locally elected officials who should have run for election in 2015 but had not done so by year’s end. The process of extending the mandate of elected local officials every six months was limited by legislation to four years, meaning local elections were to be held during the year, but CENI scheduled them to precede the presidential election in December 2020.
The government dissolved several elected regional councils and removed several elected mayors from office on the ground of mismanagement, replacing them with government appointees.
Corruption and Lack of Transparency in Government
Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. The government publicly acknowledged corruption was a problem, and there were several reports of government corruption during the year.
Corruption: Civil servants often demanded bribes to provide public services. A poorly financed and trained law enforcement establishment and weak administrative controls compounded corruption. Other contributing factors included poverty, low salaries, politicization of the public service, traditional kinship and ethnic allegiances, a culture of impunity, and the lack of civic education.
The High Authority for the Fight Against Corruption and Related Offenses (HALCIA) actively investigated official corruption and made several official reports, some of which led to punitive action by the government, including arrests. Presidential control of its budget, however, limited HALCIA’s independence.
HALCIA received a complaint that members of the national agency that assists citizens in performing the Hajj received bribes to use particular vendors and did not use payments by citizens on the Hajj for promised services.
Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the use of child labor and the employment of children younger than 14. The law, however, does not apply to types of employment or work performed by children outside an enterprise, such as self-employment or in the informal sector. Children who are 12 or 13 may perform nonindustrial light work for a maximum of two hours per day outside of school hours with a labor inspector’s authorization, as long as such work does not impede their schooling.
Light work is defined as including some forms of domestic work, fruit picking and sorting, and other nonindustrial labor. Children may not perform work that requires force greater than their strength, may damage their health or development, is risky, or is likely to undermine their morals.
The government did not effectively enforce child labor laws, in part due to an insufficient number of child labor inspectors in the Ministry of Labor and Civil Service. Penalties for violations include fines and imprisonment, but these were not adequate to deter violations. The laws rarely were applied to work performed by children in the nonindustrial/informal sector. The government worked with international partners to provide relevant education as an inducement to parents to keep their children in school.
Child labor was prevalent. According to a 2012 national survey, approximately 43 percent of children between ages five and 14 (an estimated 2.5 million) were engaged in labor. Most rural children regularly worked with their families from an early age, helping in the fields, pounding grain, tending animals, gathering firewood and water, and doing similar tasks. Some families kept children out of school to work or beg. Children were also forced into prostitution and domestic servitude, artisanal mining, and forced criminality.
There were reports that loosely organized clandestine international networks forced young boys from neighboring countries into manual labor or begging and young girls to work as domestic servants, usually with some degree of consent or complicity of their families.
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