Country Report on Human Rights Practices for 1991
NIGER
Under growing public pressures, the authoritarian
military-civilian regime, headed by General Ali Saibou,
peacefully turned over power to a National Conference which met
from July 29 to November 3. The Conference involved 1,200
conferees from a comprehensive array of nationally
representative groups. During its deliberations, it declared
itself the nation's authoritative governing body, suspended the
1989 constitution, dissolved other institutions (the National
Assembly and the National Council of Development) and dismissed
all ministers and turned over day-to-day government operations
to secretaries general. It also debated a wide range of
political, economic, and social reform policies and planned
presidential, legislative, and municipal elections for late
1992 or early 1993. In November the Conference chose Prime
Minister Amadou Cheiffou to head a 15-month Transitional
Government and also elected a 15-member High Council of the
Republic (HCR) to assure execution of conference decisions.
General Saibou was retained as ceremonial Head of State. At
year's end, Niger awaited a new constitution, to be submitted
to a national referendum in 1992.
The military, which had been in power since 1974, made no
effort to intervene in the reform process but remained a force
behind the scenes. In addition to the military, Nigerien
security organizations include the gendarmerie and the national
police. There were occasional reports of human rights abuses
by these organizations, although fewer than in previous years.
The National Conference directed the Directorate of State
Security, a political investigative organ which formerly
reported to the Presidency, to report to the Prime Minister
during the transition. Civilians headed the ministries charged
with supervision of the security services.
Niger is an extremely poor country with an economy based
largely on cultivating subsistence crops, raising livestock,
and exploiting some of the world's largest uranium deposits.
Drought cycles, desertification, a 3.4 percent population
growth rate, and the declining world demand for uranium have
undercut an already marginal economy. Due in part to the
nation's focus on major political changes, the economy and
World Bank reform programs reached a virtual standstill.
Respect for, and protection of, human rights expanded
significantly in Niger throughout 1991. In early 1991, human
rights organizations were formed, were fully recognized, and
operated without hindrance for the first time. Prior to the
July opening of the National Conference, and as pressure for
democratization increased. President Saibou instituted new laws
which widened freedoms of the press and of association and
fully legalized the multiparty system, first announced in
November 1990. At the National Conference, citizens from all
social strata had the opportunity to state their opinions,
become involved in politics, and criticize government policies
and officials, including the Head of State. The National
Conference held public hearings to explore the Government's
role in two 1990 incidents of human rights abuses. These
hearings revealed allegations of large-scale killings and
torture. Despite the steady improvement in human rights
policies, individual law enforcement officials continued to
commit human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for tlie Integrity of the Person, Including
Freedom from
a. Political and Other Extrajudicial Killing
There were no reports of political and extrajudicial killings
in 1991. The National Conference conducted a public hearing
into two 1990 incidents. One occurred on February 9, 1990,
when security forces fired on violent student protesters,
killing three. The other occurred in May 1990 when military
forces in Tchintabaraden and nearby villages responded to
antigovernment Tuareg assailants with excessive force, killing
many of the Tuareg. The Government claimed 63 were killed,
while others claimed there were upward of 300 deaths. The
conference also heard evidence that Tuareg insurgents in
Tchintabaraden had caused nine deaths and determined the need
to investigate those incidents more fully. The National
Conference suspended senior military, police, and civilian
officials implicated in both incidents, pending completion of
the investigations and possible trials. The investigations had
not been completed by year's end.
b. Disappearance
There were no reports of politically motivated abductions or
disappearances in 1991.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The National Conference denounced the authorities' use of
torture revealed during the public hearing of the 1990
Tchintabaraden case. There were no reports of systematic
torture of political prisoners or detainees during the year,
but random instances of abuse by individual law enforcement or
prison officers occurred. Specifically, they inflicted
physical pain on detainees to extract confessions. In one
instance in 1991, military personnel severely beat several
townspeople in retaliation against civilians who had attacked
an unarmed soldier.
d. Arbitrary Arrest, Detention, or Exile
Although the suspended constitution, still considered partly in
effect, contains legal prohibitions against arbitrary
detention, this prohibition was rarely respected in 1991. In
theory, the law requires that an arrested person be either
charged or released within 48 hours. In special cases, the
public prosecutor, who is also the head of the judicial police,
may authorize one renewal of the 48-hour detention period. In
practice, unauthorized delays beyond the established 48-hour
period frequently occurred, and prisoners often spent months in
jail awaiting trial. Failure of the police or public
prosecutor to respect the 48-hour rule does not require
dismissal of the case against a suspect.
Once charged, a suspect may be further detained by order of the
examining magistrate. In practice, however, charged suspects
are often held beyond the legal time limits prescribed
according to the nature of the crime and may be in jail as long
as a year awaiting completion of the magistrate's
investigation. Defendants are allowed access to a lawyer of
their own choice. Bail is available for crimes carrying a
penalty of less than 10 years' imprisonment. In practice,
widespread ignorance and lack of financial means prevent these
rights from being exercised fully. There were no new reports
of political detainees or prisoners in 1991.
Exile is not used as a means of political control in Niger, but
persons have exiled themselves voluntarily in the past. Many
exiles returned to Niger in 1991 to form parties and
associations and to participate in the National Conference.
e. Denial of Fair Public Trial
Niger's civil legal system is an amalgam of French, Islamic,
and customary law. Traditional courts often handle village
property disputes, which are brought to the civil courts when
not resolved. Civil and criminal cases not involving securityrelated
acts are tried publicly. Defendants have the right to
be present at their trials, to confront witnesses, and to
present evidence. Niger's penal code affirms the judicial
principle of presumption of innocence. Defendants have the
right to counsel at public expense if they are minors or if
they are indigent and face the prospect of a sentence of 10
years or more. Both the defendant and the prosecutor may
appeal the verdict, first to the Court of Appeals and then to
the highest court, the Supreme Court. Both Courts are
obligated to hear appeals. The Court of Appeals reviews
questions of fact and law while the Supreme Court reviews only
the application of the law.
The suspended constitution calls for an independent judiciary.
In practice, however, it has been common for government
officials and others to use their influence to affect judicial
proceedings through political pressure and family influence.
The State Security Court and the Special Court for Embezzled
Funds, the two courts which formerly functioned outside the
normal criminal framework and sometimes in secret, ceased to
function in 1991. The mandate of the State Security Court
expired when no new judges were named. The Embezzlement Court
was abolished by the National Conference. The executive
privilege of pardon for convicted criminals was not exercised
in 1991.
In April the Government tried before the State Security Court
44 Tuareg prisoners accused of introducing arms illegally into
Niger, undermining state security, and conspiring against the
State in Tchintabaraden in May 1990. The trial was held in
public, and all defendants were acquitted and freed due to lack
of evidence.
The National Conference created a commission on crimes to
investigate over 180 political, economic, and social "crimes
and abuses" committed since independence. The Conference
conducted public hearings on a selection of these crimes, which
at times began to resemble extrajudicial proceedings. The
Conference never passed final judgment on any crime, although
it suspended a few senior officials and placed others under
house arrest, pending the outcome of the investigations. The
crimes commission was charged with completing its work by
January 1993, with possible extension, and submitting dossiers
ready for trial to the High Court of Justice, a special court
created by the National Conference exclusively for this purpose.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
The police are required to have a search warrant to enter homes
and then may do so only between the hours of 6 a.m. and 9 p.m.
However, when in hot pursuit of a suspected criminal, the
police are permitted to conduct searches in homes and buildings
without a warrant, at any time. In practice, searches are
conducted at all hours. There were no reports in 1991 of other
violations of privacy, such as interference with correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedonj of Speech and Press
Freedom of speech and of the press increased dramatically in
1991, with free speech being most in evidence during the
National Conference. Buttressed by a national labor federation
strike, the Association of Nigerien Journalists declared
complete autonomy from the Government at the end of March
1991. This change led to a relaxation of many of the
restrictions on the government-controlled media prior to the
National Conference. Le Republicain, an independent weekly,
and several smaller private publications were launched in
1991. The National Conference was covered openly by the press,
including the government media. On October 29, the National
Conference issued Act 26, declaring full liberty for the media
and creating a Superior Council of Communication to guarantee
this freedom. Students and faculty at the university and
secondary-school levels and at professional institutions
continued to play a prominent role in the democratization
process. Academic freedom was respected.
b. Freedom of Peaceful Assembly and Association
Although the 1989 constitution authorized freedom of assembly
and association, these rights were fully exercised for the
first time only in 1991. Throughout the first half of 1991,
students, labor unions, and independent associations held
demonstrations, some of them violent, to protest government
policies.
In May the law governing associations was amended to permit all
kinds of groups, except those that are ethnically or regionally
based. The law previously limited the right of association to
six groups: youth, students, sports and culture, foreign,
religious, and charity. In 1991 the number of opposition
parties and associations mushroomed to include 3 human rights
organizations and some 25 political parties.
c. Freedom of Religion
Niger reaffirmed its status as a secular state at the National
Conference. While the population is nominally over 90 percent
Muslim, the practice of other religious beliefs is permitted.
Foreign missionaries may live, work, and travel in Niger but
must obtain permission to do so. On December 3, the Baha'i
faith was granted full legal status. Until then, it was
practiced despite a 1984 law prohibiting it.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Travel within Niger continued to be monitored. Police
checkpoints outside major cities and towns were kept in place.
though checks were less systematic in 1991. Some women are
cloistered and must be escorted outside the home by male family
members, usually only after dark. Neither emigration nor
repatriation is restricted. Niger is a party to the Protocol
Relating to the Status of Refugees and has cooperated with the
U.N. High Commissioner for Refugees (UNHCR) in assisting the
3,700 Chadian refugees registered in Niger as of May 1991. In
October about 1,500 Chadian refugees left Niger voluntarily,
primarily to go to Chad, Nigeria, or Cameroon. Approximately
2,000 refugees remained in Niger, most of them women and
children.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although the right of citizens to change their government was
not exercised through the electoral process, in 1991 citizens
changed their government through peaceful means. The National
Conference, composed of delegations representative of various
groups in Nigerien society, declared itself the nation's
authoritative governing body and proceeded peacefully to
consider multiple reforms in the executive, legislative, and
judicial areas. Neither President Saibou nor the military
resisted the transfer of authority. The conference continued
in operation for over 3 months, finally electing a Transitional
Government, headed by Prime Minister Amadou Cheiffou, to govern
Niger pending secret, universal, and multiparty elections,
projected for late 1992 or early 1993. President Saibou
continued as Head of State, but his office became strictly
ceremonial. A High Council of the Republic, composed of 15
civilians elected by the National Conference, was formed to
assure the implementation of the Conference's decisions
throughout the transition. It also was to share unspecified
legislative powers with the Prime Minister in the absence of an
elected national assembly.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Nongovernmental, independent human rights groups were created
for the first time in Niger in 1991. Three such groups
investigated allegations of human rights abuses reported to
them by volunteer sources. After verifying the reports, the
human rights groups protested to local authorities. Where no
action was taken, human rights groups contacted higher
authorities and, in some instances, issued public announcements
to promote corrective action. Throughout 1991 the three groups
operated freely and judged these procedures to be effective in
countering human rights abuses. In March, prior to the
expansion of the law governing associations, the Committee for
the Defense of Victims of the Tchintabaraden Repression was
formed to press for an investigation of the events of May 1990,
with a view toward eventual prosecution of implicated security
forces. Although it never acqiiired legal status, the Committee
was not constrained by the Government and was still operating
at the end of 1991.
Amnesty International (AI) visited Niger three times in 1991
prior to the National Conference. In February the Government,
citing safety concerns, refused AI permission to travel to
Tchintabaraden to investigate the killings in May 1990. With
this exception, there was no interference with AI visits,
including AI ' s attendance at the trial of 44 Tuareg prisoners.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
In 1991 the process of democratization ended the traditional
domination by the Djerma ethnic group (21 percent of the
population) in government and military service. The Hausa
(over 50 percent of the population), Tuareg, and Fulani (Peul)
ethnic groups participated fully in the National Conference and
received equal consideration for transition government
candidacies and positions. However, the Tuareg and Fulani
(together 21 percent of the population), two historically
nomadic groups in transition still have less access to
government services. Toward the end of the National
Conference, Tuareg members expressed increasing dissatisfaction
with continued government inattention to their problems. At
year's end, there were increasing numbers of Tuareg attacks on
government installations.
By tradition and practice, and through specific aspects of
Islam, women occupy a subordinate place in Niger ien society.
Males have considerable advantages in terms of education,
employment, and property rights. Male attendance heavily
outweighs female attendance at all educational levels. Only 25
percent of Niger ien children of primary school age actually
attend schools, with progressively smaller percentages
continuing into or through elementary and secondary school.
Approximately 60 percent of the children finishing primary
school are male. Consequeiitly, male literacy (15 percent) far
exceeds female literacy (6 percent). Child labor practices
outside the formal sector also inhibit education for young
girls and were sharply criticized at the National Conference.
Niger's traditions incline employers to favor men as
employees. Prevailing Islamic laws of inheritance, marriage,
and divorce discriminate against women.
Certain discriminatory social practices persist. For example,
girls as young as age 10 may be contracted into marriage,
despite legal prohibitions against marriage for girls younger
than 14. Violence occurs against women and children and
includes wife beating, but the extent of this problem is
unknown. Such violence is considered antisocial behavior in
Nigerien society, and women often turn to both traditional and
modern judicial authorities in cases of abuse. Female genital
mutilation (circumcision) occurs but is limited to a few small
ethnic groups. Niger has participated in international
conferences on this subject but does not regard it as a major
domestic problem and has not addressed the issue publicly.
A small number of women participate in the professions. About
one-third of Nigerien doctors and less than one-tenth of
Niger's magistrates are women. Women in the civil service, the
largest formal sector employer, represent only 24 percent of
all civil servants and are confined to lower level positions.
Though few in number, professional women receive wages
equivalent to those paid males.
The government-supported Nigerien Women's Association, with a
network which has developed commercial cooperatives and social
programs for village women, was criticized at the National
Conference for misrepresenting women's concerns and for its
affiliation with the former ruling party. Since 1988, several
women's associations have emerged, including associations of
female traders, educators, bankers, and, in 1991, jurists.
In May thousands of women, including members of the Nigerien
Women's Association, publicly protested the absence of women in
the preparatory committee for the National Conference. As a
result, 5 women were placed on the 72-member committee. Women
were also included in subsequent delegations to the Conference
and headed two conference committees. Three women were
elected to the 15-member High Council of the Republic.
Among the first complaints made to the National Conference were
complaints about the poor status of women. A subcommittee on
improving the condition of women and children proposed a number
of measures to reduce discrimination against women. The
conference discussed in depth measures to alleviate the heavy
physical labor required of rural women, to widen women's access
to credit, and to provide equal opportunity in the
administration, including at the ministerial level. The
Conference also recommended a wider mandate for family
planning, especially with respect to the use of contraception.
Section 6 Worker Rights
a. The Right of Association
Approximately 90 percent of Niger's work force is employed in
the largely subsistence rural sector, which is not unionized.
In the small modern economy, all workers have the legal right
to establish and join trade unions. The only existing labor
federation, the National Union of Nigerien Workers (USTN)
,
represents 27 unions, or 30 percent of the approximately 60,000
salaried workers in Niger. Another five unions are
nonaffiliated. All union organizations are independent of
Niger's new political parties and participated in the National
Conference as representatives of their constituencies.
In 1990 and 1991, prior to the National Conference, the USTN
used strikes, including the threat of a general strike, to
induce political and economic policy changes with an ultimate
view to democratization. Union intervention helped maintain
opposition control over the National Conference and also
widened freedom of the press. Workers also struck on the eve
of the National Conference as a tactic to obtain pay increases
and improvement of benefits before the Conference addressed
overall pay levels. Between 1990 and 1991, according to union
officials, 75 percent of unionized workers had participated in
a strike. In 1991 there were strikes by taxi and truck
drivers, industrial workers, water and electricity workers, and
diplomats. A strike at the public utilities company caused the
removal of its government-appointed executive managers.
Despite the frequency of politically motivated strikes in 1991,
the Government provided compensation for time lost during work
stoppages.
The USTN is a member of the Organization of African Trade Union
Unity and abides by that organization's policy of having no
formal affiliations outside the African continent. Individual
unions, however, such as the Teachers' Union of Niger, are
affiliated with international trade secretariats.
b. The Right to Organize and Bargain Collectively
Collective bargaining is legally authorized, but, in practice,
it is circumscribed by government participation in the
negotiating process. A government representative is present at
most negotiations and in certain circumstances acts as binding
arbitrator. A basic framework agreement, negotiated by the
USTN's predecessor, the employers, and the Government, has been
in force since 1972. The agreement covers basic work
conditions, work contract elements, and union activities, but
not wages. Individual unions may bargain for more favorable
work conditions.
The Labor Code, which is based on International Labor
Organization (ILO) principles, prohibits antiunion
discrimination by employers, and the USTN reported no such
discrimination in 1991. There are no export processing zones
in Niger.
c. Prohibition of Forced or Compulsory Labor
Niger's Labor Code prohibits forced or compulsory labor.
However, black or darker-skinned Tuaregs reported to the
National Conference that in remote areas of Niger white or
lighter-skinned Tuaregs subjected many of their group to slave
labor.
d. Minimum Age for Employment of Children
To work, children aged 12 and 13 must have special
authorization from local labor inspectors. Children between
the ages of 14 and 18 may be employed, subject to legal
provisions limiting hours (4.5 hours meiximum per day) and types
of employment (no industrial work) . Although child labor laws
apply throughout the economy, local labor inspectors who
enforce these laws inspect only workplaces in the formal
sector, located primarily in urban areas. However, children
generally do not work in the formal sector. Child labor is
common in the unregulated subsistence agriculture and informal
trade sectors, where most Niger iens are employed. Children
often work for their families under harsh conditions that do
not comply with the Labor Code's provisions.
e. Acceptable Conditions of Work
There is a legal minimum wage for salaried workers. According
to union officials, this wage is not sufficient to provide a
decent living for workers and their families. The legal
workweek is 40 hours. However, certain occupations requiring
irregular hours are authorized longer workweeks, with a maximum
of 72 hours. The Labor Code also prescribes occupational
safety and health regulations that are enforced by the labor
inspectors in the Ministry of Civil Service, Labor, and
Professional Training. Because of staff shortages, however,
this office focuses mainly on safety violations in the mining,
building, and industrial sectors. According to a ministry
official, compliance is often difficult to enforce because
workers may not be fully aware of the safety risks posed in
their jobs and may refuse to wear protective clothing due to
Niger's hot climate, although for the most part, employers
provide adequate safety equipment.
