According to a document produced by the United Nations Committee on the Elimination of Racial Discrimination, [UN English version] "[f]or the majority of Niger citizens, matters relating to marriage are governed by Muslim custom. It should, however, be pointed out that forced marriage is prohibited in accordance with the dictates of the Muslim religion. Each person freely chooses his spouse" (United Nations 26 Sept. 1997). However, the United Nations Committee on the Rights of the Child stated the following on the subject of consent to marriage in its October 2001 consideration of the report submitted by Niger under the Convention on the Rights of the Child:

[UN English version]

Article 144 of the Civil Code prohibits marriage before the age of 18 for boys and 15 for girls. However, it provides that consent from ascendants shall be necessary for marriages between minors.

It should be noted that the Civil Code is virtually never applied in Niger due to the existence of two other sources of law, one in the official sphere (Act No. 62-11 of 16 March 1962 on the organization of the justice system) and the other in the practical sphere (Muslim law).

Regarding official law, article 51 of the above-mentioned Act states that matters relating to marriage are governed by custom.

Most customs view marriage as a family or community affair, where the consent of those concerned is of only relative importance.

Muslim law makes the consent of the future spouses necessary. However, a father may propose a spouse of his choice in the interest of the children, especially daughters.

The application of custom to marriage often leads to early marriage without the consent of those concerned, leading in turn to serious social problems (prostitution, health problems, etc.). To improve this situation, the State and several associations and NGOs conduct extensive media campaigns to raise awareness of the risks involved in this practice (ibid. 17 Oct. 2001, paragraphs 22-27).

According to the United Nations Children's Fund (UNICEF), [UN English version] "44 per cent of 20-24 year old women in Niger were married under the age of 15" (ibid. Mar. 2001, 2). In 2002, early marriage was standard practice in Niger (AFP 4 June 2002; United Nations 3 Oct. 2002; Groupe Alternative 25 June 2002). According to the magazine Groupe Alternative, [translation] "[c]ustoms and parents' wishes take precedence over the civil code, which in article 144 states that 'no man under the age of eighteen and no woman under the age of fifteen may enter into marriage'" (ibid.). Another source added that, [translation] "[i]n more conservative communities, early marriage is often seen as a way of avoiding extramarital pregnancies that 'tarnish the honour' of a family" (AFP 4 June 2002).

Country Reports 2002 mentioned that in 2000, the Nigerois Minister of Justice formed a commission to examine early marriages, and that in 2001 the Nigerois National Assembly considered establishing a minimum age requirement for marriage (Mar. 2003, Sec. 5). However, the same source reported that by the end of 2002, no new legislation had been passed (Country Reports 2002 Mar. 2003, Sec. 5). Furthermore, Groupe Alternative indicated that the [translation] "principal" solution proposed by the minister of social development of Niger was [translation] "to apply the authorities, in particular the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women," in order [translation] "to popularize and respect these authorities, which protect children and women against all practices that violate their physical or mental well-being" (25 June 2002). According to the Website Dogori.com, a French site that broadcasts news about Africa, the tribal chiefs of Niger joined forces with UNICEF and pledged on 20 January 2002 to fight against early marriages (11 Feb. 2002). On 8 January 2003, the Afrik.com Website reported the arrest of the persons responsible for an early marriage between a 9-year-old girl and a 50-year-old man. According to the same source, [translation] "[t]he three men were taken into police custody for 72 hours. This is a first in Niger, where the practice of early marriage is widespread and theoretically is not subject to the law" (Afrik.com 8 Jan. 2003).

No information on the protection and the recourses available to young women who refuse to marry and who leave the family home could be found among the sources consulted by the Research Directorate within the time constraints for this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Afrik.com. 8 January 2003. Olivia Marsaud. "Le mariage de Zeinabou." http://www.afrik.com/jounal/decouverte/dec-679-5.htm [Accessed 23 May 2003]

Agence France Presse (AFP). 4 June 2002. "Au Niger, le marige précoce a la vie dure et fait le malheur des fillettes." http://hosting.afp.com/clients/coope/francais/niger/02064062541.2c91rzj8.html [Accessed 23 May 2003]

Country Reports on Human Rights Practices for 2002. March 2003. United States Department of State. Washington, D.C. http://www.state.gov/g/drl/rls/hrrpt/2002/18219.htm [Accessed 23 May 2003]

Dogori.com. 11 February 2002. Olivia Marsaud. "Les chefs traditionnels nigériens contre le mariage précoce." http://www.dogori.com/savoir/actu/actu-30-7.php [Accessed 26 May 2003]

Groupe Alternative [Niamey]. 25 June 2002. No. 270. Abba Hassane. "Mariage précoce : un fléau social au Niger." http://www.alternative.ne/hebdo/2002/270/s_fleau.htm [Accessed 23 May 2003]

United Nations. 3 October 2002. World Health Organization (WHO). Rapport mondial sur la violence et la santé. http://www5.who.int/violence_injury_prevention/download.cfm?id=00000005 [Accessed 26 May 2003]

______. 17 October 2001. Committee on the Rights of the Child. "Niger." Examen des rapports présentés par les États parties en application de l'article 44 de la Convention. (CRC/C/3/Add.29/Rev.1) http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/967523b5f0461cb3c1256b3a005578cb/$FILE/G0145200.pdf [Accessed 23 May 2003]

______. March 2001. United Nations Children's Fund (UNICEF). "Le mariage précoce." http://www.unicef-icdc.org/publications/pdf/digest7f.pdf [Accessed 23 May 2003]

______. 26 September 1997. Committee on the Elimination of Racial Discrimination (CERD). "Niger." Examen des rapports présentés par les États parties conformément à l'article 9 de la convention. (CERD/C/299/Add.18) http://www.hri.ca/fortherecord1998/bilan1998/documentation/tbodies/cerd-c-299-add18.htm [Accessed 27 May 2003]

Additional Sources Consulted

Association des femmes juristes du Niger

The Embassy of Niger could not respond to an information request within the time constraints.

IRB Databases

NEXIS

Web sites, including:

Amnesty International

BBC News

Centre for Reproduction Law

Human Rights Internet

Human Rights Watch

International Crisis Group

Union pour la promotion de la femme nigérienne

United Kingdom, Immigration and Nationality Directorate

United Nations Educational, Scientific and Cultural Organization (UNESCO)

United Nations High Commissioner for Refugees

WNC

Women Lawyers Associations of Other Regions of the World