Niger - Fifteenth to Twenty-First Periodic Reports of States Parties due in 1998 - Consideration of Reports submitted by States Parties under Article 9 of the Convention [2014] UNCERDSPR 2; CERD/C/NER/15-21 (24 February 2014)

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Consideration of reports submitted by States parties under article 9 of the Convention

1. Pursuant to article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Government of the Niger hereby submits its combined fifteenth to twenty-first periodic reports. The Niger presented its previous report to the Committee on the Elimination of Racial Discrimination on 26 September 1997.

2. In accordance with the Committee’s comments regarding the eleventh to fourteenth periodic reports of the Niger, this report describes the country’s efforts since the submission of the previous report. It also highlights the accomplishments and progress made in fostering a culture that condemns all forms of racial discrimination. The Government also takes advantage of the submission of the report to reply to the observations and comments made during its last dialogue with the Committee.

3. The Government is aware of the delay in submitting its reports to treaty bodies in general and of its report on the implementation of the Convention in particular. For this reason, as part of the preparation of initial and periodic reports required under international human rights conventions, the Ministry of Justice, which is responsible for human rights, set up an interministerial committee responsible for the drafting of such reports.

4. Several activities were carried out with a view to drafting this report, including:

5. At the end of this process, the draft report was approved at a national workshop run by the ministry responsible for human rights, with the participation of relevant ministries and institutions, civil society and the media. It was then adopted by the Council of Ministers.

6. By submitting the report to the Committee, the Government reaffirms its commitment to human rights values and cooperation with the United Nations bodies entrusted with protecting human rights.

7. The Niger is a party to almost all human rights protection instruments at the international, regional and national levels.

10. In the preamble to the Constitution of 25 November 2010, the people of the Niger reaffirmed its unequivocal opposition to any political regime founded on dictatorship, arbitrariness, impunity, injustice, corruption, extortion, regionalism, ethnocentricity or nepotism.

11. Article 8 of the Constitution stipulates that: “The Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law, without distinction as to sex or social, racial, ethnic or religious origin. The State respects and protects all beliefs. No proponents of a particular religion or belief may claim political power or interfere in the affairs of State. Any propaganda of a regionalist, racial or ethnic nature, or manifestation of racial, social, gender-related, ethnic, political or religious discrimination shall be punishable by law.”

12. Moreover, article 9 of the Constitution prohibits the establishment of political parties along ethnic or regionalist lines. No political party may be formed for the purpose of advancing a particular ethnic group, region or religion, subject to penalties under the law.

13. Article 10 of the Constitution states that: “All citizens of the Niger are born and remain free and equal in rights and obligations. However, access for certain categories of the population to elected office and public service may be facilitated by special measures provided for by law.”

14. Under article 102 of the Criminal Code: “Any act of racial or ethnic discrimination, any regionalist propaganda or any infringement of freedom of conscience or freedom of worship that is likely to set individuals against each other is punishable by 1 to 5 years’ imprisonment and restricted residence.”

15. Article 5 of the Labour Code stipulates that: “Subject to the explicit provisions of the present Code and of any other legislative or regulatory text protecting women and children and provisions relating to the status of foreigners, an employee’s sex, age, national extraction, race, religion, colour, political or religious views, social origin, disability, membership or non-membership of a trade union or trade union activity shall not be taken into account by any employer in making decisions relating, in particular, to recruitment, the conduct and distribution of work, staff development, advancement, promotion, remuneration, allocation of social benefits, disciplinary measures or termination of employment contract. Any conflicting provision or text is void.”

16. Since multiparty democracy was established in 1991, the country has seen five republics. The democratic process has been interrupted three times, the last being on 18 February 2010. The transitional regime, led by the Supreme Council for the Restoration of Democracy, completed the country’s return to a normal constitutional situation on 7 April 2011.

17. The Constitution of 25 November 2010 enshrined the separation of powers, i.e. the executive, legislative and judicial branches.

19. Other bodies helping to strengthen the rule of law and good governance include:

20. The Ministry of Justice has taken the lead in promoting and protecting human rights. Other divisions of the Ministry as well as technical departments of other ministries are also involved in these efforts; NGOs and associations also play a significant role.

21. Prevention, oversight and enforcement mechanisms have been set up to implement anti-discrimination measures. Thus:

22. The Niger is a Sahelian country in West Africa with an area of 1,267,000 km². The National Statistics Institute estimated the population to be 15,730,754 in 2011.

Table 1

		2009	2010	2011
Resident population	Total	14 693 112	15 203 822	15 730 754
	Male	7 339 392	7 594 565	7 857 845
	Female	7 353 720	7 609 257	7 872 909
Urban population	Total	2 911 066	3 104 574	3 309 954
	Male	1 458 250	1 555 187	1 658 102
	Female	1 452 816	1 549 387	1 651 852
Rural population	Total	11 782 046	12 099 248	12 420 800
	Male	5 881 142	6 039 378	6 199 743
	Female	5 900 904	6 059 870	6 221 057
Annual growth rate (%)		3.3	3.3	3.3
Urbanization rate (%)		19.8	20.4	21.0

Table 2

		2009	2010	2011
Total	Total	14 693 112	15 203 822	15 730 754
	Male	7 339 392	7 594 565	7 857 845
	Female	7 353 720	7 609 257	7 872 909
Agadez	Total	464 564	487 313	511 188
	Male	234 403	245 881	257 929
	Female	230 161	241 432	253 259
Diffa	Total	458 062	473 563	489 531
	Male	234 729	242 672	250 855
	Female	223 333	230 891	238 676
Dosso	Total	1 956 476	2 016 690	2 078 339
	Male	967 413	997 187	1 027 671
	Female	989 063	1 019 503	1 050 668
Maradi	Total	2 927 051	3 021 169	3 117 810
	Male	1 445 834	1 492 324	1 540 060
	Female	1 481 217	1 528 845	1 577 750
Niamey	Total	1 145 870	1 222 066	2 741 922
	Male	572 804	610 893	651 307
	Female	573 066	611 173	651 603
Tahoua	Total	2 576 390	2 658 099	2 741 922
	Male	1 276 193	1 316 673	1 358 190
	Female	1 300 197	1 341 426	1 383 732
Tillabéri	Total	2 430 149	2 500 454	2 572 125
	Male	1 223 265	1 258 651	1 294 729
	Female	1 206 884	1 241 803	1 277 396
Zinder	Total	2 734 549	2 824 468	2 916 929
	Male	1 384 751	1 430 284	1 477 104
	Female	1 349 798	1 394 184	1 439 825

Table 3

Distribution of resident nationals of the Niger, by ethnicity and region, 2001

Ethnicity	Total		Agadez	Diffa	Dosso	Maradi	Tahoua	Tillabéri	Zinder	Niamey U.C.
Ethnicity	Real	%	%	%	%	%	%	%	%	%
Arab	40 085	0.4	2.1	2.4	0.1	0.1	0.7	0.1	0.2	0.5
Djerma-Songhai	2 300 874	21.0	5.0	0.9	48.1	0.4	0.8	63.6	0.5	51.1
Gurma	39 797	0.4	0.0	0.0	0.1	0.0	0.0	1.9	0.0	0.4
Hausa	6 069 731	55.4	24.4	4.5	42.1	87.8	78.2	10.5	68.6	34.4
Kanuri Manga	513 116	4.7	4.7	60.2	0.1	0.2	0.2	0.1	13.1	1.4
Fulani	935 517	8.5	2.2	24.6	8.6	8.3	2.5	12.6	9.4	7.5
Tuareg	1 016 883	9.3	60.1	1.0	1.0	3.1	17.5	11.1	7.5	4.4
Toubou	42 172	0.4	1.3	6.2	0.0	0.0	0.0	0.0	0.7	0.1
Other (1)	5 951	0.1	0.2	0.2	0.0	0.0	0.0	0.1	0.0	0.3
Total	10 964 126	100.0	100.0	100.0	100.0	100.0	100.0	100.0	100.0	100.0

Source: Statistical yearbook for the fiftieth anniversary of the independence of the Niger, National Statistics Institute, 2010.

Table 4

Total	Total	2004	2005	2006	2007	2008	2009
	Male	6 097 426	6 389 591	6 617 370	6 851 313	7 091 818	7 339 392
	Female	6 127 396	6 402 484	6 630 619	6 864 920	7 105 783	7 353 719
Agadez	Total	355 504	383 510	402 406	422 177	442 874	464 564
	Male	179 375	193 506	203 040	213 016	223 459	234 403
	Female	176 129	190 004	199 366	209 161	219 415	230 161
Diffa	Total	383 087	400 131	414 059	428 340	442 998	458 062
	Male	196 309	205 043	212 180	219 498	227 010	234 729
	Female	186 778	195 088	201 879	208 842	215 988	223 333
Dosso	Total	1 664 416	1 728 063	1 783 482	1 839 972	1 897 603	1 956 476
	Male	822 999	854 470	881 873	909 805	938 302	967 413
	Female	841 417	873 593	901 609	930 167	959 301	989 063
Maradi	Total	2 471 149	2 572 525	2 658 175	2 745 723	2 835 293	2 927 051
	Male	1 220 639	1 270 714	1 313 021	1 356 266	1 400 510	1 445 834
	Female	1 250 510	1 301 811	1 345 154	1 389 457	1 434 783	1 481 217
Niamey	Total	782 491	882 214	942 455	1 006 324	1 074 046	1 145 870
	Male	396 246	441 006	471 120	503 047	536 900	572 804
	Female	386 245	441 208	471 335	503 277	537 146	573 066
Tahoua	Total	2 180 436	2 267 937	2 342 556	2 418 762	2 496 660	2 576 390
	Male	1 089 969	1 123 403	1 160 365	1 198 113	1 236 699	1 276 193
	Female	1 090 467	1 144 534	1 182 191	1 220 649	1 259 961	1 300 197
Tillabéry	Total	2 088 461	2 160 672	2 226 464	2 293 256	2 361 117	2 430 149
	Male	1 034 501	1 087 618	1 120 736	1 154 357	1 188 516	1 223 265
	Female	1 053 960	1 073 054	1 105 728	1 138 899	1 172 601	1 206 884
Zinder	Total	2 299 278	2 397 023	2 478 392	2 561 679	2 647 010	2 734 549
	Male	1 157 388	1 213 831	1 255 035	1 297 211	1 340 422	1 384 751
	Female	1 141 890	1 183 192	1 223 357	1 264 468	1 306 588	1 349 798

Source: Statistical yearbook for the fiftieth anniversary of the independence of the Niger, National Statistics Institute, 2010.

24. Administratively, the Niger is divided into 8 regions, 63 departments and 266 urban and rural communes.

25. The population of the Niger is mainly composed of Muslims, who coexist peacefully with Christians and animists. According to the 2001 General Population and Housing Census, the breakdown of the population by religion is as follows:

26. The population is distributed very unequally across the territory, with a density of 12.4 inhabitants/km² in 2011. According to demographic estimates by the National Statistics Institute, 79 per cent of the population was rural in 2010 and 21 per cent urban.

Table 5

Area of residence		2001				2010
Area of residence		Sex ratio (%)	Male	Female	*Total*	Sex ratio (%)	Male	Female	*Total*	Sex ratio (%)
Niger	Total	98.3	5 516 588	5 543 703	10 964 126	99.5	7 594 565	7 609 257	15 203 822	99.8
	Urban	100.4	899 764	898 737	1 798 501	100.1	1 555 187	1 549 387	3 104 574	100.4
	Rural	98.0	4 616 824	4 644 966	9 261 790	99.4	6 039 378	6 059 870	12 099 248	99.7
Agadez	Total	99.2	162 288	159 351	321 639	101.8	245 881	241 432	487 313	101.8
	Urban	-	79 762	80 146	159 908	99.5	139 148	136 885	276 033	101.7
	Rural	-	82 526	79 205	161 731	104.2	106 733	104 547	211 280	102.1
Diffa	Total	100.7	177 609	168 986	346 595	105.1	242 672	230 891	473 563	105.1
	Urban	-	25 296	24 211	49 507	104.5	44 119	41 340	85 459	106.7
	Rural	-	152 313	144 775	297 088	105.2	198 553	189 551	388 104	104.7
Dosso	Total	99.1	744 600	761 264	1 505 864	97.8	997 187	1 019 503	2 016 690	97.8
	Urban	-	57 869	60 002	117 871	96.4	100 971	102 498	203 469	98.5
	Rural	-	686 731	701 262	1 387 993	97.9	896 216	917 005	1 813 221	97.7
Maradi	Total	95.7	1 104 361	1 131 387	2 235 748	97.6	1 492 324	1 528 845	3 021 169	97.6
	Urban	-	118 327	120 988	239 315	97.8	206 444	206 662	413 106	99.9
	Rural	-	986 034	1 010 399	1 996 433	97.6	1 285 880	1 322 183	2 608 063	97.3
Niamey Urban Community		104.6	358 500	349 451	707 951	102.6	610 893	611 173	1 222 066	100.0
Tahoua	Total	97.1	986 139	986 590	1 972 729	100.0	1 316 673	1 341 426	2 658 099	98.2
	Urban	-	94 385	98 548	192 933	95.8	164 691	168 350	333 041	97.8
	Rural	-	891 754	888 042	1 779 796	100.4	1 151 982	1 173 076	2 325 058	98.2
Tillabéri	Total	98.0	935 955	953 560	1 889 515	98.2	1 258 651	1 241 803	2 500 454	101.4
	Urban	-	37 614	38 759	76 373	97.0	65 627	66 208	131 835	99.1
	Rural	-	898 341	914 801	1 813 142	98.2	1 193 024	1 175 595	2 368 619	101.5
Zinder	Total	99.6	1 047 136	1 033 114	2 080 250	101.4	1 430 284	1 394 184	2 824 468	102.6
	Urban	-	128 011	126 632	254 643	101.1	223 294	216 271	439 565	103.2
	Rural	-	919 125	906 482	1 825 607	101.4	1 206 990	1 177 913	2 384 903	102.5

Source: Statistical yearbook for the fiftieth anniversary of the independence of the Niger, National Statistics Institute, 2010.

27. In 2006, 47 per cent of potentially active women were economically active, i.e. 40 per cent had an occupation and 7 per cent were unemployed. In contrast, 86 per cent of potentially active men were economically active, i.e. 66 per cent had an occupation and 20 per cent were unemployed. The employment rate of women increases with age, rising from 32 per cent among 15- to 19-year-olds to 54 per cent among 45- to 49-years-olds. It also varies according to:

28. In 2008, women were concentrated more in the primary (66 per cent) and tertiary sectors (27 per cent). They represented only 7 per cent of workers in the secondary sector. Among active women, 97 per cent worked in the informal sector and only 3 per cent in the formal sector, (2.2 per cent as public sector employees and 0.8 per cent as employees in the private sector).

29. The female participation index is based on three indicators: participation in economic life and decision-making, participation in political life and decision-making, and control over economic resources. In 2007, the index was 0.33, up from 0.11 in 2000, but was still among the lowest in the world. The index is calculated based on the following data:

30. The participation of women in politics is measured by their presence in government institutions, political parties and international institutions.

31. Governance in the Niger was shaped by the adoption of Act No. 2000-008 of 7 June 2000, which fixed a quota system for the representation of either sex in appointed posts (25 per cent) and elected office (10 per cent).

32. Between 2000 and 2004, only one woman sat in the National Assembly. In 2008, there were 13 female parliamentarians out of 113 elected members, or 12.5 per cent, while the current legislature has 15 women out of the same number of members. In 2008, the Government consisted of 31 ministerial portfolios of which 8, or 25 per cent, were held by women. In 2011, there were 6 female ministers out of 24, or 25 per cent.

33. In the period 2004–2007, of 3,747 elected local councillors, 671, or 17.6 per cent, were women. This figure reflects the gradually increasing level of involvement of women in local decision-making bodies. In the same period, 6 out of 245 mayors were women.

Table 6

34. The implementation of the Health-Care Development Plan is based on the following principles and values:

35. Considerable progress has been made in women’s health thanks to the extension of health-care facility coverage in the country and better disease treatment and prevention, including vaccinations, prenatal consultations and infant care and the use of insecticide-treated mosquito nets. Health care for children under 5 and certain maternal health services became free in 2006, leading to greater use of treatment and prevention services.

36. Health-care coverage is 71 per cent, but the percentage of the population who has access to health-care centres offering the minimum package of services within a 5-kilometre radius remains low: 44.08 per cent in 2009 and 48.34 per cent in the first quarter of 2010.

37. To ensure that vulnerable groups have access to medical care, the Government has made the following services free of charge: caesarean sections (2005), health care for children under 5, prenatal consultations, family planning sessions, and the treatment of women’s cancers (2006), HIV and obstetric fistulas. Some 4,422,864 children under 5 received care in 2008 and 5,184,321 in 2009, while 5,698 caesarean sections were performed in 2008 and 8,799 in 2009.

38. Regarding action on obstetric fistulas, the Government has introduced free care for women suffering from fistulas. Between 2003 and 2009, several doctors were trained to operate on fistulas in Tahoua, Niamey and Zinder. Some 797 surgical procedures for fistulas were performed at the Niamey hospital. Regarding socioeconomic reintegration, over 600 women were able to return to their communities after receiving training in income-generating activities. Moreover, each of them received a grant of 50,000 CFA francs to set up economic activities enabling them to maintain their independence. The call to include fistula surgeries in reproductive health programmes and the national health-care development plans (2005–2010 and 2011–2015) was a noteworthy step forward in the campaign for the elimination of obstetric fistulas.

39. The maternal and infant/child mortality rates were 648 and 198 per thousand in 2009 and remain very high, making it difficult to achieve Millennium Development Goals 4 and 5.

40. Maternal mortality has barely improved: 648 women die during pregnancy or child birth for every 100,000 live births. This high rate is mainly attributable to incidents during child birth, but also to illness during pregnancy, post-delivery infections and anaemia.

41. Primary school enrolment of girls has doubled since 2000. Nevertheless, the gap between boys and girls is widening because enrolment of boys is progressing faster. The disparities increase further when moving from primary education to senior high school. Parity has been achieved only at the preschool level.

	Men	Women	*Total*	Women as % of total
Regional councillors	224	36	260	13
Municipal and district councillors	3 092	584	3 676	15
City councillors	87	17	104	16
Total	3 403	637	4 040	15

Table 7

42. Regarding technical education, there were 13,379 students in technical and vocational training institutions in 2007/08, or 8 per cent of secondary school students. Girls make up 54 per cent and boys 46 per cent. In 2006/07, the target population for this type of education was approximately 294,546 students. As for higher education, enrolment figures for the country’s universities in 2008/09 were: 9,854 at Abdou Moumouni University in Niamey; 1,091 at the Say Islamic University, including 197 women; and 89 at the University Institutes of Technology.

43. Female illiteracy remains a major impediment to women’s development. Nearly 12 per cent of women can read and write a simple text, compared to 28 per cent of men. This situation has changed very little since 1998, despite growing demand for literacy training. The number of persons enrolled in centres more than doubled over the period 1998–2008 and women make up 70 per cent of attendees. However, one third of women drop out of the programme and only half succeed.

44. The Government has taken a number of measures to improve women’s access to literacy and to training for certain trades. In 1998, it established community development training centres as public facilities providing hands-on training in minor trades and income-generating activities for children not enrolled in school or who have dropped out. The main branches are carpentry and metalwork, training for electricians and car mechanics, and home economics for girls and women. The courses last two years and those who complete them receive a professional qualification certificate. There are vocational training facilities for girls and women that have been operating in the country for several years. These are women’s centres offering instruction in home economics, sewing and knitting. In 2009, there were 126 such centres countrywide, including 62 private ones; however, only 64 of them are operational.

	2008/09	2009/10	2010/11	2011/12	Increase
Total	67.8	72.9	76.1	79.2	11.4
Boys	77	81.9	84.9	87.8	10.8
Girls	58.6	63.9	67.3	70.7	12.1
Urban	78	80.8	99.1	108.2	30.2
Rural	64.4	70.3	70	71.4	7
Girl/Boy parity index	0.76	0.78	0.79	0.8	0.05
Urban/Rural parity index	1.21	1.15	1.42	1.5	0.31

45. The Niger has ratified almost all the international legal instruments, and acceded to the International Convention on the Elimination of All Forms of Racial Discrimination on 27 April 1967. Article 8 of the Constitution of 25 November 2010 provides that: “The Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law, without distinction as to sex or social, ethnic or religious origin. The State respects and protects all beliefs. No proponents of a particular religion or belief may claim political power or interfere in the affairs of State. Any propaganda of a regionalist, racist or ethnic nature or manifestation of racial, social, gender-related, ethnic, political or religious discrimination is punishable by law.”

46. The principle of non-discrimination is incorporated in the Constitution and reflects the will of the Niger to respect its relevant international commitments. Several initiatives combating all forms of discrimination have been launched or implemented on the basis of policies and strategies drawn up and executed by the Government, and are reflected in actions at the legislative and institutional levels.

47. Article 5 of the Constitution gives equal treatment to all the national languages, which are used freely by different communities. They all hold the status of national languages and are spoken by eight ethnic groups in the Niger, namely the Hausa, the Djerma-Sonrai, the Fulani, the Kanuri, the Tuareg, the Gurma, the Tubu and the Arabs.

48. Article 8 of the Constitution requires the Niger to ensure the equality of all before the law, without distinction as to sex or social, racial, ethnic or religious origin. The same article requires the State to respect and protect all beliefs, while proclaiming the separation of State and religion. Furthermore, it declares that any propaganda of a regionalist, racist or ethnic nature or manifestation of racial, social, gender-related, ethnic, political or religious discrimination is punishable by law.

49. Article 9, paragraph 3, prohibits the formation of any political party of an ethnic, regionalist or religious nature. No political party may be formed for the purpose of advancing a particular ethnic group, region or religion, subject to penalties under the law.

51. Article 14 provides that “no one shall be subjected to torture, slavery or inhuman or degrading abuse or treatment” and article 18 adds that “no one shall be detained or charged except under legislation in force prior to the commission of the offence of which they are accused”.

52. Pursuant to article 22, the State is required to ensure the elimination of all forms of discrimination against women, girls and persons with disabilities and to adopt measures to combat violence against women and children in public and private life.

53. Article 33, paragraph 2, provides that “no person shall suffer discrimination in the workplace”.

54. Article 42, paragraph 2, protects the rights and freedoms of foreign nationals.

55. The following articles of Act No. 2003-025 of 13 June 2003, which amends and supplements Act No. 61-27 of 15 July 1961 establishing the Criminal Code, describe and lay down penalties for discrimination:

56. Article 57 prohibits political parties or groups of political parties founding their organization and activities on the basis of:

57. Speeches and abuse based on region of origin, ethnicity, gender or religion are also forbidden and punished in accordance with the law.

58. Article 2, paragraph 2, provides that: “Regional and ethnic associations are prohibited. Regional associations are defined as:

59. Although the provisions of article 102 of the Criminal Code and article 2 of the aforementioned Order prohibit the formation of regional or regionalist associations, the law authorizes the formation of cultural associations whose aims do not conflict with the aforementioned provisions. Under this law: “Any association founded with a cause or purpose contrary to legislation or regulations in force or to moral standards, or that aims to threaten public order, the integrity of national territory or the form of government, is null and void.”

60. Article 13 defines the conditions governing the acquisition of nationality of the Niger by foreign women who marry men from the Niger. Thus: “A foreign woman who marries a man from the Niger may choose to acquire nationality of the Niger within one year of the marriage by presenting documents to the civil court in the place where the marriage was celebrated, or to the consular authorities of the Niger if the marriage was celebrated abroad.”

61. However, the Nationality Code does not comment on the transfer of nationality by women of the Niger to foreign husbands. A study on bringing domestic regulations into line with international human rights regulations has been commissioned by the Government and will allow this concern to be examined.

62. Article 8 provides that “everyone has the right to education without distinction as to age, sex, or social, racial, ethnic or religious origin”.

63. Article 5 establishes restrictions on the powers of employers that may lead to discriminatory acts. Thus: “Subject to the explicit provisions of the present Code and of any other legislative or regulatory text protecting women and children, and provisions relating to the status of foreigners, an employee’s sex, age, national extraction, race, religion, colour, political or religious views, social origin, disability, membership or non-membership of a trade union or trade union activity shall not be taken into account by any employer in making decisions relating, in particular, to recruitment, the conduct and distribution of work, staff development, advancement, promotion, remuneration, allocation of social benefits, disciplinary measures or termination of employment contract.”

64. Article 52, paragraph 2, provides that: “Defamation of a group of persons specified in the preceding article who, because of their origins, belong to a specific ethnic group, region or religion, via any method of communication and aiming to incite hatred among citizens or inhabitants shall be punished by a fine of between 100,000 and 500,000 CFA francs.”

65. Under article 6: “Detainees are subject to the regulations governing all detainees in their category. They have equal rights to access the services provided at the prison where they are detained, according to their merits and aptitudes. There shall be no difference in the treatment of detainees based on race, colour, sex, language, religion, political opinion, national or social origin, property, birth or other status.”

66. Through the activities that it has launched and implemented, the State’s objective in the areas of political, economic, social and cultural life is to correct the disparities and inequalities that form the basis for discrimination. The effectiveness and impact of those activities should be analysed separately in order to measure and evaluate the State’s commitment to implementing the Convention.

67. The advent of democracy has allowed citizens to vote on laws and regulations, to vote in elections and to be elected. They are free to form associations, trade unions and political parties, subject to respect for the provisions of the law. Sectoral policies and programmes have been launched and implemented to promote equal opportunities among citizens, their right to participate in political life and gender equity.

68. Regarding communication, in May 2003 the State of the Niger adopted the National Policy on Communication for Development. The Policy, which is a flexible and evolving frame of reference for all development partners, aims to promote wider participation of both urban and rural populations in the development process. To that end, it helps to provide better and more widespread access for the population to the media and to democratic debate, reinforces social dialogue and encourages a culture of peace and social cohesion as part of development. It is also helping to establishing a permanent system for informing citizens, and raising their awareness, of all the priority development programmes in the Niger, for example on combating poverty, protecting the environment, better health-care coverage and the promotion of good governance.

69. The general objectives of the National Policy on Communication for Development therefore contribute to the implementation of the Convention in the Niger.

70. The State has an Accelerated Development and Poverty Reduction Strategy that serves as a unifying framework on which all sectoral strategies are based and is the State’s frame of reference for its economic, financial and social policies for the period 2008–2012. The Strategy aims to build a new economy to promote strong average yearly growth (7 per cent) to benefit the most disadvantaged groups and encourage sustainable human development. The objectives to be achieved by 2015 are:

71. The Accelerated Development and Poverty Reduction Strategy links these two sectors with the economic sector, whose objectives contribute to their development.

72. The Strategy recognizes that inequality has negative effects on growth and its contribution to poverty reduction. Effective mechanisms are planned to mitigate risk factors and provide social protection in order to create conditions for growth that benefits the poor. Additionally, several measures have been adopted in the different sectors to ensure the better distribution of productive resources and increase the opportunities for women, men, children, young people, older persons and persons with disabilities to participate in economic activity and to benefit from it.

73. Furthermore, in order to develop a mature, well-informed and responsible younger generation in the Niger, the Government will continue to implement the social protection programme for children and the training and employment programme for young people; the success of these programmes will prevent young people from falling into idleness, crime, drug abuse and delinquency.

74. The national gender policy reflects the Government’s vision of equality and equity between the sexes in all areas. Accordingly, its strategic priorities are based on a comprehensive approach that considers the needs of men and women, the various areas of life where balance needs to be restored and the multifaceted obstacles that lie on that path. The aims in implementing the national gender policy are to:

76. The political determination to promote the development of young people is reflected by the growing interest in this important group of the population. Thus, a National Youth Council has been set up and a Youth Parliament established to inform young people about the management of public affairs and better prepare them for participation in the process of developing the country.

77. In order to stimulate this participation and ensure that the Niger will be ready to meet the Millennium Development Goals, a series of national meetings is planned for young people from all the representative groups to collate their proposals regarding the problems and difficulties they face. Within this framework, reforms will be initiated to lead on to projects such as a review of the policy on young people with a view to adapting it to the national context and priorities. A series of measures affecting young people will thus be adopted, focusing on the following areas:

78. The National Policy on Social Development will serve as an operational framework for implementing the different measures intended to mitigate risk factors and ensure social protection. In particular, it will serve to enhance measures aimed at preventing extreme poverty, such as promoting labour-intensive projects in times of economic crisis and combating discrimination against persons with disabilities.

79. Similarly, it is planned to establish targeted safety nets, in particular through the distribution of food rations, the sale of goods at lower prices, contributory pension plans and mutual health insurance schemes, in order to reduce the impact of natural and economic shocks on vulnerable persons. More specifically, the following objectives will be pursued:

80. In response to the low level of social security coverage among the population, the absence of coverage against sickness and loss of employment and the inadequacy of social benefits, the Government is endeavouring to stimulate the social security system by: (i) promoting employment in the formal and informal sectors; (ii) launching a tripartite consultative process and encouraging the greater involvement of State and private-sector workers in issues surrounding social security; and (iii) supporting the financing of social security regimes. To that end, it will examine the possibility of extending social security coverage to population groups not covered by the current system, plan the introduction of a health insurance system, support the promotion of an employment policy and increase the benefits currently paid. It will also move towards a supplementary pension regime based on a capitalization scheme to allow employees to devote a bigger portion of their income to improving their living conditions after retirement, and encourage a participatory approach towards the implementation of health microinsurance.

81. There is no apartheid in the Niger and its Constitution prohibits all forms of discrimination. Article 8 of the Constitution states that: “The Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law, without distinction as to sex or social, racial, ethnic or religious origin. The State respects and protects all beliefs. No proponents of a particular religion or belief may claim political power or interfere in the affairs of State. Any propaganda of a regionalist, racist or ethnic nature or manifestation of racial, social, gender-related, ethnic, political or religious discrimination is punishable by law.”

82. The incorporation of these principles in the Constitution indicates the will of the State of the Niger to respect its international commitments. That same will is asserted in the Criminal Code, article 102 of which states that: “Any act of racial or ethnic discrimination, any regionalist propaganda or any infringement of freedom of conscience or freedom of worship that is likely to set individuals against each other is punishable by 1 to 5 years’ imprisonment and restricted residence.”

83. Racial segregation does not exist in the Niger. Nevertheless, the State of the Niger has made suitable provision for preventing and combating all forms of racial segregation, implemented by means of judicial and administrative mechanisms that can be freely accessed by any victim of such an offence.

84. The Constitution of 25 November 2010, in line with all the country’s Constitutions since 1999, provides for the creation of a National Human Rights Commission, an independent administrative authority tasked with ensuring the promotion and effectiveness of the rights and freedoms enshrined in title II of the Constitution (arts. 10 to 45). A process to bring the new Commission into line with the Paris Principles is under way.

85. The categorization of citizens based on race, colour or national or ethnic origin is forbidden and the State ensures respect for the principles of equality and social justice. For example, convictions in discrimination cases have resulted from legal proceedings before the courts. In its decision No. 11-119/P of 5 May 2011 in the case of Assibit Wannagara, Ilguinat Annakoye and the Timidria Association vs. the public prosecutor’s office and Tafane Abouzeidi, the judicial chamber of the Court of State voided a decision of the Niamey Appeal Court. The Appeal Court had acquitted Tafane Abouzeidi of slavery offences because it had failed to examine some reported factual elements, namely the servile status and the degrading, demeaning and humiliating treatment of the petitioners, and had thus declared Abouzeidi not liable for all the acts proving that he had kept the petitioners in a condition of servitude.

86. The State has established mechanisms to monitor any trends likely to cause racial segregation and ghettoization.

87. Ghettoization, which is defined as isolation resulting from many different discriminating factors such as social, racial or ethnic origin and poverty, does not exist in the Niger.

88. In addition to the measures adopted by the State, NGOs and development organizations are active in the fight against discrimination. They play a significant role in monitoring and raising the alarm, reporting all discrimination brought to their attention to the public authorities, and carry out awareness-raising and information activities relating to discrimination and its social and economic consequences for the country.

89. For example, as part of the celebrations of the sixty-second anniversary of the Universal Declaration of Human Rights, the Ministry of Justice and NGOs, in partnership with the United Nations Coordination Unit, led several activities to raise awareness of the fight against all forms of discrimination. They covered areas such as slavery, AIDS, persons with disabilities and women.

90. By ratifying the International Convention on the Elimination of All Forms of Racial Discrimination, the Niger committed itself to adopting all measures necessary to eliminate discrimination at the national level. This commitment is fulfilled through the incorporation of this principle in the Constitution and anti-discrimination legislation. In order to give effect to the Convention, protection measures for persons vulnerable to discrimination because of their ancestry or nationality have been adopted. For example, in the area of education, the Outline Act on the education system provides for free primary education, and all children, whether nationals of the Niger or not, benefit from that right as long as they are resident in the territory of the Republic.

91. The right to housing is enshrined in article 28, which provides that “All persons have the right to property. No one shall be deprived of his or her property except in the public interest and subject to fair and prior compensation.” This provision, which confirms that discrimination relating to the right to housing does not exist in the Niger, is supplemented by laws and regulations determining the conditions for exercising this right.

92. Through the different Constitutions in force since the advent of democracy in the country in 1991, the people of the Niger have expressed their resolute commitment to building a State governed by the rule of law that respects human rights, political pluralism, the strengthening of national unity, participatory development and the fight against all forms of discrimination.

93. As part of the fight against racial discrimination, the Niger has ratified the International Convention on the Elimination of All Forms of Racial Discrimination. It has also adopted legislative, administrative, judicial and institutional measures giving effect to the provisions of article 4 of the Convention.

94. It should be recalled that the Niger is party to several international human rights instruments and has always stated its adherence to the principle of the rule of law. Article 8 of the new Constitution provides that: “The Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law, without distinction as to sex or social, racial, ethnic or religious origin. The State respects and protects all beliefs. No proponents of a particular religion or belief may claim political power or interfere in the affairs of State.”

95. Title II, chapter 1, of the Criminal Code addresses crimes and offences of a racial, regionalist or religious nature. Article 102 of the Code therefore criminalizes and penalizes with 1 to 5 years’ imprisonment and restricted residence any act of racial or ethnic discrimination, any regionalist propaganda or any infringement of freedom of conscience or freedom of worship that is likely to set individuals against each other.

96. Paragraph 2 of the same article continues: “When the purpose or effect of an act of racial or ethnic discrimination or regionalist propaganda or an infringement of freedom of conscience or freedom of worship amounts to an offence against the security of the State or the integrity of the territory, the perpetrator or instigator shall be prosecuted as a co-perpetrator or an accessory, depending on the case.”

97. Similarly, article 208.3 of that Code provides that: “The following grave offences which, by action or omission, cause harm to persons or property protected under the Conventions signed in Geneva on 12 August 1949 and under Additional Protocols I and II to those Conventions adopted in Geneva on 8 June 1977 are war crimes punishable in conformity with the provisions of the present chapter: practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination.”

98. The Niger has adopted appropriate measures to give effect to article 4, paragraph (b), of the Convention, which requires that State parties declare illegal and prohibit associations, and also organized and all other propaganda activities, which promote and incite racial discrimination, specifically Ordinance No. 84-6 of 1 March 1984 on associations and Implementing Decree No. 84-49/PCMS/MI of 1 March 1984 concerning procedures for the implementation of the Ordinance on associations in the Niger.

99. Article 2 of the Ordinance provides that: “Any association based on a cause or founded for a purpose contrary to the laws and regulations in force or to morality, or for the purpose of violating public order, the integrity of national territory or the form of government is void.” Paragraph 2 of the article specifies that associations of a regional or ethnic nature are prohibited and, under paragraph 3, such associations are defined as follows:

100. Furthermore, the Ordinance permits the creation of other types of association, such as youth or school associations, sports and cultural associations and associations for foreigners.

101. Title IV of the Ordinance deals with the dissolution of associations. Article 26 states that any association that fails to conform to the provisions of the Ordinance may be dissolved by decision of the Ministry of the Interior after it has been given notice to regularize its situation within a specified time frame.

102. These administrative sanctions apply without prejudice to criminal proceedings against individual association members. The penalty may range from a prison sentence to the removal of some civic rights, or even restricted residence. Conviction is accompanied by the legal dissolution of the association.

103. To ensure social cohesion and strengthen national unity among the different ethnic groups that make up the population, the State has established the “joking kinship week”, which was extended to a month by Decree No. 2010-795 PCSRD/MCNTI/C of 16 December 2010. Aware of the dangers and conflicts of identity that increasingly threaten social cohesion and cultural practices, in 2007 the Niger decided to establish “joking kinship” throughout its territory. The practice helps to strengthen social solidarity, unity and harmony between the different population groups, who share the same joys and sorrows, in an atmosphere of complementarity and cohesion.

104. In order to promote this cultural practice across the subregion, and even across the world, in March 2011 the Niger prepared and submitted its application for “Practices and expressions of joking relationships” to be included on the United Nations Educational, Scientific and Cultural Organization (UNESCO) Representative List of the Intangible Cultural Heritage of Humanity.

105. With regard to rural land ownership, the land commissions constitute a framework for dialogue, reflection and decision-making regarding the management of natural resources and conflict prevention. They bring together all those involved (the administration, traditional authorities, civil society representatives, women and young people) and lead activities to raise awareness of the provisions applicable to the management of natural resources, namely the delimitation of community spaces, detailed analysis of natural resources, appraisal of land development and granting of land rights.

106. As part of the regulation of labour, the National Labour Council was created by Decree No. 2005-149/PRN/MFP/T of 12 June 2005. Pursuant to Article 2 of the Decree, the National Labour Council is a permanent tripartite body for consultation and dialogue in the area of labour and related social problems.

107. Other significant measures have been taken by the State of the Niger to celebrate national harmony through the observance on 24 April of a special day to mark the country’s commitment to the important humanist values of peace, fraternity, tolerance and unity.

A. The right to equal treatment before the tribunals and all other organs administering justice

108. The preamble of the Constitution of 25 November 2010 states that the sovereign people of the Niger is committed to building a State governed by the rule of law that guarantees, as fundamental values of its society, collective and individual rights, such as freedom, justice, dignity, equality, safety and well-being.

109. In addition, the principle of the equality of all before the public justice system is enshrined in article 8 of the Constitution, which states that “the Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law without distinction”. To ensure that equality is observed, law-enforcement officials (judges and legal officials) are trained in respect of human dignity, physical integrity, fair trials and human rights.

110. Judges and legal officials receive training in their field’s codes of ethics and conduct, which define appropriate behaviour for ensuring that justice is administered in keeping with the principles of fairness, equality, neutrality, impartiality and non-discrimination.

111. As part of the career training and staff development of judges and legal officials, schools and training centres have incorporated human rights in their curricula, including modules on civil, political, economic, social and cultural rights, the elimination of all forms of racial discrimination and of discrimination against women, the rights of children, persons with disabilities and migrant workers, the special procedures and the treaty bodies.

112. Thanks to the support of bilateral and multilateral partners, the Government has designed human rights training manuals for the police (2004), the National Guard (2006) and the judiciary (2010). In addition, a core group of judges has been trained by human rights instructors.

113. As part of capacity-building on human rights promotion and protection for members of the justice system, several training sessions were provided to judges and legal officials through a cooperation programme between the Niger and the United Nations system. Between 2009 and 2011, some 100 judges received training in standards for the promotion and protection of human rights. As to legal officials, two sessions were held for lawyers and one for criminal investigation officers.

114. Regarding the supervision of judges and legal officials, there are oversight and investigation mechanisms in place to ensure appropriate administration of justice: they provide administrative oversight (inspections) of the justice system to ensure that it runs smoothly and to punish individual acts committed by judges and legal officials in the performance of their duties.

116. Judges are obligated to abide by the law and procedures; failure to do so can result in decisions being set aside or overturned.

117. Lawyers, bailiffs and solicitors have their respective oversight bodies, namely, the bar association, the bailiff association and the law society. These professional associations take disciplinary action either of their own volition or in cooperation with the State or district prosecuting authorities.

118. When a complaint of discrimination is made against a judge, the Ministry of Justice launches an investigation to assess the allegations and determine a course of action.

119. Access to the civil service and to government jobs in general is open and not subject to any restriction, distinction or exclusion based on sex, race, ethnicity or any other grounds. The recruitment of judges and other law-enforcement officials as well as the practice of related professions are guided by the principle of non-discrimination.

120. These professions and occupations are open to all nationals of the Niger without discrimination on grounds of race, gender, ethnicity or social origin.

121. Regarding political parties, article 9, paragraph 3, of the Constitution stipulates that: “Political parties of an ethnic, regionalist or religious nature are prohibited. No political party shall be formed for the purpose of advancing a particular ethnic group, region or religion, subject to penalties under the law.”

122. Moreover, article 8, paragraph 3, of the Constitution states that: “Any propaganda of a regionalist, racial or ethnic nature or manifestation of racial, social, gender-related, ethnic, political or religious discrimination shall be punishable by law.”

123. Similarly, article 2 of Ordinance No. 84-06 of 1 March 1984 on associations states that: “Any association based on a cause or founded for a purpose contrary to the laws and regulations in force or to morality or founded for the purpose of violating public order, the integrity of the national territory or the form of government is void. Associations of a regional or ethnic nature are prohibited.”

124. Under article 102 of the Criminal Code: “Any act of racial or ethnic discrimination, any regionalist propaganda or any infringement of freedom of worship that is likely to set individuals against each other is punishable by 1 to 5 years’ imprisonment and restricted residence.”

125. “When the purpose or effect of an act of racial or ethnic discrimination, regionalist propaganda or an infringement of freedom of conscience or worship amounts to an offence against the security of the State or the integrity of the territory, the perpetrator or instigator shall be tried as a co-perpetrator or an accessory, depending on the case.”

B. The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution

126. To give effect to the provisions of the Convention, article 11 of the Constitution stipulates that “human beings are sacred; the State has an absolute obligation to respect and protect them”. Pursuant to article 12, paragraph 1, “every individual has the right to life, health and physical and moral integrity (...) under the conditions defined by the law”. Violations of these provisions constitute criminal offences punishable in proportion to the nature and severity of the violation.

127. Articles 108 to 133 of the Criminal Code set forth the acts that constitute a misdemeanour or an offence when committed by State officials, and their associated penalties.

128. Thus, murder and bodily harm, without discrimination on the grounds of race, ethnicity, social origin or gender, are subject to penalties laid out in chapter 2, articles 222 to 229, of the Criminal Code under the heading “Intentional assault and other intentional offences”.

129. Similarly, administering harmful substances and endangering a person’s life are punishable under articles 230 and 230.1 of the Criminal Code. Act No. 2003-25 of 13 June 2003 protects women, irrespective of their racial, cultural or ethnic origin, from female genital mutilation by criminalizing the practice under articles 232.1 to 232.3 of the Criminal Code. The Code also criminalizes castration.

130. Under civil law, human beings are entitled to respect for their privacy. Articles 7 and 8 et seq. of the Civil Code provide for the protection of one’s image.

131. Political rights are guaranteed under the provisions of the Constitution of the seventh republic. Article 6 stipulates that “the people exercises its sovereignty through its elected representatives and by way of referendums”. Article 7, paragraph 2, defines electors as “nationals of the Niger of either sex who are 18 on the day of the vote, or are emancipated minors, and enjoy their civil and political rights”. Under article 10, all nationals of the Niger are born free and with equal rights and obligations.

132. The basic Act of the Niger also guarantees that all nationals, irrespective of their social, racial or ethnic origin, can stand in presidential, legislative and local elections, subject to the conditions stipulated in articles 47 and 84; the same principles also apply to the territorial authorities.

133. However, access for certain categories of the population, such as persons with disabilities, women and young people, to elected office and government jobs may be facilitated by special measures provided for by law.

134. Ordinance No. 93-012 of 2 March 1993 sets forth the minimum rules regarding the social protection of persons with disabilities. Under article 21, all public or private businesses with at least 20 employees must reserve 5 per cent of their posts for such persons. Thus, between 2007 and 2009, 150 graduates with disabilities were recruited into the civil service. Moreover, pursuant to article 9 of Decree No. 96/456/PRN/MSP, persons with disabilities are 100 per cent exempt from hospitalization fees.

135. These rights are enshrined in the basic Act and other subsequent texts. Article 30 of the Constitution stipulates that: “All persons have the right to freedom of thought, opinion, expression, conscience, religion and worship.”

136. Ordinance No. 2010-35 of 4 June 2010 on freedom of the press, Act No. 2007-26 of 3 July 2007 on the civil service and the Labour Code all guarantee freedom of association, freedom of the press and opinion, freedom of association and open access to government jobs without discrimination on the grounds of race, ethnicity, religion or worship.

137. Article 10 of the Civil Service Act stipulates that: “Access to the civil service is open, on equal terms and without distinction, to all nationals of the Niger who meet the requirements of the post.”

138. Furthermore, article 14 states that: “Civil servants are entitled to the rights and freedoms set forth in the Constitution under the conditions defined in this Act. They may establish, join and hold a mandate in trade unions, insofar as current legislation allows. They are entitled to their political, philosophical and religious opinions; however, these must be expressed outside their duties, with the discretion becoming their office and in accordance with the law. No reference to their opinions may be made in their personnel file.”

139. In order to counter discrimination in employment, the Niger has ratified the ILO Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

140. All nationals of the Niger have the right to work without distinction as to race, ethnicity or social and cultural origin. Pursuant to article 33 of the Constitution, all citizens have the right to work and the State is obliged to create the conditions conducive to the enjoyment of this right and to fair remuneration of a person’s services or production. The Constitution also states that none may suffer discrimination in the workplace.

141. Article 10 of the Civil Service Act stipulates that: “Access to the civil service is open, on equal terms and without distinction, to all nationals of the Niger who meet the requirements of the post.”

142. Furthermore, article 14 states that: “Civil servants are entitled to the rights and freedoms set forth in the Constitution under the conditions defined in this Act. They may establish, join and hold a mandate in trade unions, insofar as current legislation allows. They are entitled to their political, philosophical and religious opinions; however, these must be expressed outside their duties, with the discretion becoming their office and in accordance with the law. No reference to their opinions may be made in their personnel file.”

143. Pursuant to article 2, paragraph 2, of Ordinance No. 96-039 of 29 June 1996 on the Labour Code, the determination of worker status is not contingent on the legal status of either the employer or the employee. Article 5 stipulates that: “Subject to the explicit provisions of the present Code and of any other legislative or regulatory text protecting women and children, and of provisions relating to the status of foreigners, an employee’s sex, age, national origin, race, religion, colour, political or religious views, social origin, disability, membership or non-membership of a trade union or trade union activity shall not be taken into account by any employer in making decisions relating, in particular, to recruitment, the conduct and distribution of work, staff development, advancement, promotion, remuneration, allocation of social benefits, disciplinary measures or termination of employment contract. Any conflicting provision or text is void.”

144. Article 148 states that: “Under the conditions set forth in this chapter, all employers must ensure that, for equal work or work of equal value, employees shall be remunerated equally, irrespective of their origin, sex, age or status.”

145. Moreover, article 149 stipulates that: “The various components of remuneration shall be based on the same standards for men and women. Occupational categories and classifications as well as criteria for promotion shall be the same for both sexes. In all cases, performance evaluation must be based on objective criteria relating primarily to the nature of the tasks involved in the job.”

146. Regarding private sector employees, the census carried out by the National Employment Agency in 2010 revealed that 18,853 out of the 66,614 employees were women. Their breakdown by sector is as follows:

147. The table below shows enrolment in vocational and technical education or training in 2011.

Institutions	Girls	Boys	*Total*
Community development training centres	1 583	1 735	3 318
Secondary schools and centres	434	2 656	3 090
Private institutions (80)	4 072	3 532	7 604
Total	6 089	7 923	14 012

148. Article 9, paragraph 1, of the Constitution of the seventh republic stipulates that: “Pursuant to the freedom of association herein guaranteed, political parties, groups of political parties, unions, NGOs and other associations or groups of associations can be formed freely, provided that they comply with the laws and regulations in force.”

149. Furthermore, article 34 stipulates that: “The State shall recognize and guarantee the right to organize and the right to strike, provided that they are exercised in compliance with the laws and regulations in force.”

150. Article 14 of Act No. 2007-26 of 23 July 2007 (the Civil Service Act) states that civil servants may establish, join and hold a mandate in trade unions, insofar as current legislation allows, without any discrimination. Under article 173 of the Labour Code, individuals in the same, similar or related occupations whose purpose is the production of specific products or those in the same liberal profession are free to form a trade union. All other trade union rights are provided for in articles 174 to 177 and 217 of the Act.

151. The recognition of the freedom of association has fostered trade union pluralism, as demonstrated by the establishment of 11 trade union federations and two employers’ organizations. There have been no cases of union dissolution.

152. The right to housing is covered in the provisions of article 12, paragraph 2, of the Constitution, which reads: “The State shall guarantee the satisfaction of each person’s basic needs, the provision of basic services and the full development of all.” These are rights inherent to human beings and whose fulfilment is a State obligation even if, owing to development constraints, it does not have sufficient resources to provide decent housing to all its inhabitants.

153. The goals of Act No. 98-54 of 29 November 1998 on the national housing policy are the following: to establish a national housing fund, a housing bank and an agency for urban restoration and planning; to improve existing housing; to institutionalize housing cooperatives and home savings schemes; and to encourage private investment in real estate. Current national demand is estimated at 40,000 units per year. More than one third of households in the urban community of Niamey live in homes with straw fences, a sign of insecure housing.

154. In 2010, the Government funded the construction of 174 social housing units worth 2 billion CFA francs. It plans to allocate 3 billion CFA francs to continue the programme in 2011.

155. The national housing policy has also led to the construction of housing by the private sector for the benefit of its staff.

156. The right of tenancy is enjoyed by all those living in the territory of the Niger, including foreigners.

157. Population distribution across the national territory occurred organically as a result of sociocultural, ethnic and linguistic factors. It is not a result of any discrimination on the grounds of race, ethnicity or religion.

4. The right to public health, medical care, social security and social services

158. The right to health is enshrined in articles 12 and 13 of the Constitution of the seventh republic. Article12 stipulates that: “Every individual has the right to life, health, physical and moral integrity, healthy and sufficient food, safe drinking water, education and instruction under the conditions defined by law. The State shall guarantee the satisfaction of each person’s basic needs, the provision of basic services and the full development of all. Each individual has the right to freedom and safety under the conditions defined by law.”

159. Article 13 stipulates that: “Every individual has the right to the highest standard of physical and emotional health. The State shall create the conditions for the provision of medical services and assistance to all in the event of illness.”

160. The right to health is also protected under article 21, paragraph 2, which states that: “The State and the public authorities have the obligation to ensure the physical, mental and emotional health of families, in particular mothers and children.”

161. However, the implementation of this provision is contingent upon financial resources and strong demographic pressure renders the State unable to guarantee adequate health-care coverage.

162. The recruitment of 1,608 health agents (doctors, nurses and midwives) would be necessary.

163. Social security is governed by the provisions of Act No. 2003-34 of 5 August 2003 on the establishment of a socially oriented government institution, or national social security fund, and by those of the ordinance on the Labour Code and the Civil Service Act.

164. Social security coverage is inadequate because of the predominance of the informal sector: 667,935 people, including 282,959 women, work in this sector and are not affiliated with the national social security fund. Agriculture sector workers are not covered by the social security system either. In order to include these sectors, the Government is considering expanding social protection to workers in the informal sector.

165. The right to education is enshrined in article 12, paragraph 1, of the Constitution, which stipulates that “every individual has the right to life, health, physical and moral integrity (...) education and instruction under the conditions defined by law”. This right is also covered in Act No. 98-12 of 1 June 1998 on the education system, amended by Act No. 2007-24 of 3 July 2007.

166. Article 2 of Act No. 98-12 stipulates that all nationals of the Niger have the right to education and the State is obliged to guarantee the education of children aged 4 to 18. Article 8 states that this right is granted to all, without distinction as to age, sex or social, racial, ethnic or religious origin. Similarly, article 14 sets forth the goals of the education system, which include guaranteed education for young people without discrimination and on the basis of equitable access.

167. Not only is education guaranteed for all nationals of the Niger without distinction, in 2008–2009, more than a dozen nationalities were represented at Abdoumoumouni University in Niamey.

Table 8

Nationality	Men	Women	*Total*
Beninese	39	18	57
of Burkina Faso	8	1	9
Cameroonian	27	27	54
Central African	1	0	1
Comorian	2	0	2
Congolese	2	3	5
Gabonese	2	0	2
Ivorian	5	0	5
Malian	5	3	8
Nigerian	4	0	4
of the Niger	7 737	1 944	9 681
Ugandan	1	0	1
Rwandan	1	0	1
Chadian	65	17	82
Togolese	19	16	35
Turkish	2	1	3
Total	7 920	2 030	9 950

Source: Statistical yearbook, Ministry of Secondary and Higher Education, Research and Technology, 2009–2010.

168. Pursuant to article 17 of the Constitution: “All persons have the right to the free development of their personality in its material, intellectual, cultural, artistic and religious dimensions, insofar as they do not violate the rights of others, the Constitution, the law or morality.”

169. The Constitution prohibits any discrimination in the enjoyment of this right on the grounds of race, religion or ethnicity. The annual national culture festival is testament, if such is necessary, to the fact that the entire population takes part in these activities on an equal footing and without any distinction whatsoever.

7. The right of access to any place or service intended for use by the general public

170. The right of access to any place or service intended for use by the general public is recognized and guaranteed as a general principle of law; therefore, access to government services is not subject to any exclusion.

171. In the Niger, marriage is governed by both customary and civil law; however, most marriages are customary. Act No. 2004-50 on the judiciary stipulates that customs are applicable in matters of family law provided that they do not conflict with international conventions duly ratified by the Niger.

172. The Civil Code provides that men under 18 and women under 15 may not marry; customary law does not provide for a minimum marriage age. Polygamous marriage is governed by custom and religion. Polygamous unions are very widespread in rural and urban areas alike. The rate has not noticeably changed: 38 per cent of women and 24 per cent of men were in polygamous unions in 2008, compared to 36 per cent and 22 per cent in 2006.

173. The courts and the customary authorities have jurisdiction over family disputes. To date, there is no codified family law.

174. National legislation distinguishes between migrant and non-migrant foreigners, based on their length and purpose of stay. Under article 9 of Ordinance No. 81-40 of 29 October 1981 on the entry and stay of foreigners, the following are considered as non-immigrant foreigners: members of diplomatic missions and/or consular offices and members of their families; foreign officers, civil servants and other officials authorized to enter the Niger, and their families, for the duration of their mission; and travellers in transit in the country.

175. Foreigners, including refugees and asylum seekers, who do not fall under any of the three categories above are considered immigrants.

176. Migrants in a regular situation are entitled, while in the territory of the Niger, to the same rights and freedoms as nationals, subject to conditions defined by law. However, foreign residents cannot vote in national, regional or local elections or be represented by political parties. They are nonetheless entitled to all fundamental personal rights, such as the right to life, security, equality before the law, freedom of expression, freedom of association, the right to property and freedom of movement throughout the national territory.

177. Pursuant to article 6 of Act No. 97-016 of 20 June 1997 on the status of refugees: “Persons claiming refugee status and recognized refugees may not be expelled, returned or extradited from the Niger except for reasons of national security and public order. Refugees may not be expelled, returned or extradited to territories where their life and/or freedom may be threatened because of their race, religion, nationality, membership of a given group or political opinions.”

178. Article 7 outlines strict conditions for the expulsion of a refugee who was regularly admitted to the Niger. Expulsion can only take place following a decision made in accordance with statutory procedure.

179. Under article 10, refugees regularly admitted to the Niger are treated equally with nationals with regard to access to education, health care and housing, personal safety, security of their possessions, freedom to choose their residence and freedom of movement.

180. Article 3 of Act No. 97-016 of 20 June 1997 on the status of refugees and its implementing decree No. 98-382/PRN/MI/AT of 24 September 1998 cover exclusion clauses regarding refugee status. Refugee status is denied to any person who has committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime outside the host country before being admitted as a refugee or has been convicted of conduct contrary to the objectives and principles of African unity or those of the United Nations.

181. Article 6 of the Act addresses the rights of persons claiming refugee status and recognized refugees. They may not be expelled, returned or extradited from the Niger except for reasons of national security and public order. Moreover, refugees may not be expelled, returned or extradited to territories where their life and/or freedom may be threatened. Article 8 stipulates that: “No expulsion measures against a refugee regularly admitted in the territory of the Niger may be executed during the appeal period or, if an appeal has been lodged, for the duration of proceedings. The same provisions apply to persons whose refugee status has been revoked or has expired until appeal periods have run out.”

182. With the support of the International Organization for Migration, the Government established two reception and humanitarian assistance centres for migrants in 2009. It also took a number of measures to address the massive influx of people fleeing conflict in Côte d’Ivoire and Libya; for example, it requested the assistance of international institutions, including the Office for the Coordination of Humanitarian Affairs, United Nations agencies working in the Niger and international and national NGOs, such as the International Organization for Migration and the International Committee of the Red Cross.

183. The Government set up the National Commission on Eligibility for Refugee Status via Order No. 208/MI/AT/SP/CNE of 14 July 2008 on the internal regulations of the National Commission.

184. The National Commission falls under the Ministry of the Interior, Security, Decentralization and Religious Affairs and is the government body responsible for the implementation of legal texts and instruments regarding refugees. Its mandate includes:

185. The National Commission consists of representatives of various ministerial departments involved in or concerned by refugee matters (e.g. the civil service, defence, public health, education, communication and culture), the National Assembly, civil society (e.g. charities, human rights defence associations, the Red Cross of the Niger, CARITAS-Niger) and, as an observer, the Office of the United Nations High Commissioner for Refugees.

186. To apply for refugee status, claimants must submit a written request to the National Commission along with an identity document and a consultation form. This procedure is free of charge. The National Commission’s decisions must be substantiated and notified to both the claimant and the Office of the United Nations High Commissioner for Refugees. Article 14 of Decree No. 98-382/PRN/MI/AT states that: “In the case of a massive influx of persons seeking asylum where it is materially impossible to determine their status individually, the National Commission may decide to grant them refugee status on a group basis.” Once the status has been granted, each refugee receives a refugee card and, if necessary, a travel document, as provided for in article 28 of the Convention relating to the Status of Refugees of 28 July 1951.

187. In order to better observe the rights of asylum seekers, the Government adopted Order No. 127/MI/D/DEC-R of 28 March 2006 on the establishment, mandate and functioning of a committee on discretionary remedies. The Order sets forth not only the mandate and composition of the committee, but also the terms of discretionary remedies and the competent authority. The committee’s mandate is to consider appeals against decisions of the National Commission, under the authority of the Ministry of the Interior, Security, Decentralization and Religious Affairs. Claimants must request a discretionary remedy within 60 days of notification of the decision of the National Commission regarding their eligibility. This procedure is free of charge. If claimants lose their appeal before the committee, they may, pursuant to the law, bring their case to the competent national courts.

188. In addition to the National Commission and the committee, a permanent secretariat has been set up under the National Directorate for Civil Status and Refugees. It is tasked with the technical preparation of asylum seekers’ files for submission to the National Commission and the committee. It also ensures that the decisions of both bodies are correctly executed.

189. Refugees are awarded six months’ humanitarian assistance to ease their social integration in the Niger.

190. The commitment to the rule of law and the principle of a pluralist democracy is expressed in the preamble of the Constitution. Article 8 thus states that: “The Republic of the Niger is governed by the rule of law and guarantees all persons equality before the law, without distinction as to sex or social, racial, ethnic or religious origin.”

191. The fact that all nationals of the Niger have equal rights and obligations is enshrined in article 10, while article 11 states that human beings are sacred.

192. Under article 102 of the Criminal Code: “Any act of racial or ethnic discrimination, any regionalist propaganda or any infringement of freedom of conscience or freedom of worship that is likely to set individuals against each other is punishable by 1 to 5 years’ imprisonment and restricted residence.”

193. Free and equal access to work for all without discrimination is guaranteed under the Labour Code. Anyone living in the territory of the Niger who meets the statutory conditions can aspire to a job without any discrimination whatsoever.

194. Thus, the legal framework guarantees the principle of non-discrimination and, consequently, the equality of all before the law.

195. Individuals who consider themselves to be victims of discrimination may apply to the courts for redress or reparation.

196. Article 117 of the Constitution stipulates that: “Justice is rendered in the national territory on behalf of the people and in strictest compliance with the rule of law and the rights and freedoms of each individual. All are subject to legal decisions, public authorities and individuals alike. They may only be challenged through the means and in the manner provided for by law.”

197. Act No. 2004-05 of 22 July 2004 on the order and jurisdiction of the courts provides for the general principle of appeals against judicial decisions.

198. Access to justice in the Niger is free and without charge. Thus, individuals who consider themselves to be victims of any type of discrimination can apply to the competent court for reparation. For example, a woman in a polygamous union who feels discriminated against can request a divorce.

199. The law provides for a number of options, including civil reparation pursuant to article 1382 of the Civil Code, which obliges any person who causes harm to repair it.

200. There are no recorded decisions of either the labour court or the labour inspectorate regarding racial discrimination.

201. In cases of racial discrimination, the types of reparation and redress provided for under national law are payment of damages and reinstatement with restoration of all prior benefits.

202. The Niger ratified the UNESCO Convention against Discrimination in Education in 1968 and adopted the Dakar Framework for Action: Education For All in 2000.

203. The Education Act provides for the right to education of children with disabilities, as does Ordinance No. 93-012 of 12 March 1993, which sets the minimum rules regarding the social protection of persons with disabilities. There are three schools for the hearing impaired (Niamey, Maradi and Zinder) and one for the blind in Niamey, as well as five inclusive classes for the blind in mainstream public schools (Konni, Maradi, Zinder, Agadez and Tahoua).

204. In 2007–2008, 995 children with disabilities attended specialized education institutions, compared to merely 424 in 2000. Girls represent 36 per cent of all enrolled children with disabilities.

205. The Government is taking steps in the area of special needs education, such as providing school meals to nomadic children.

206. Innovative projects have been under way since 2004–2005 to reach children in rural areas where settlements are dispersed and those in nomadic areas. Alternative rural schools provide primary education in multilevel classrooms to improve access to education. As explained by Louis-Martin Essono in Les Classes Multigrades: pour développer la scolarisation en Afrique: “Multilevel classes, as opposed to conventional single-level classes, group several levels or several divisions that are placed in the same room under a single teacher who is responsible for children of different ages, abilities and levels.”

207. The Niger acceded to the Convention on the Elimination of All Forms of Discrimination against Women in 1999. However, it expressed reservations as to certain provisions, such as the adoption of appropriate measures to abolish all customs and practices discriminatory towards women, especially in matters of inheritance, and the modification of social and cultural behavioural patterns regarding men and women.

208. Very few women have access to information owing to limited means of communication (radio, television, newspapers, civil society).

209. Despite these limitations, a number of initiatives have been put in place by the Government, with the assistance of the programme to support the justice sector and the rule of law, to make the justice system more accessible to the public. These have included services (e.g. legal assistance) for vulnerable groups, such as women and children. Organizations such as the Association des femmes juristes du Niger and the National Human Rights Defence Association have also been active in providing legal assistance to vulnerable population groups, especially children and women.

210. In order to increase awareness of and education about human rights in general and discrimination in particular, the Niger holds events every year to highlight, inter alia, the Day of the African Child, World AIDS Day, Human Rights Day, International Women’s Day, the International Day of Persons with Disabilities, World Humanitarian Day, the International Day for Mine Awareness and Assistance in Mine Action, World Refugee Day, 16 Days of Activism Against Gender Violence, International Women’s Day in the Niger, International Migrants Day, Universal Children’s Day, National Women’s Day and the World Day against Child Labour.

[*] This report contains in a single document the fifteenth to twenty-first periodic reports of Niger due in 1998. For the eleventh to fourteenth periodic reports of Niger and the summary records of the Committee’s meetings at which the reports were considered, see: CERD/C/299/Add.18 and CERD/C/SR.1297 and 1301.

	United Nations	CERD/C/NER/15-21
	International Convention on the Elimination of All Forms of Racial Discrimination		Distr.: General 25 February 2014 English Original: French

United Nations Committee on the Elimination of Racial Discrimination - States Parties Reports