Country Report on Human Rights Practices for 1988
NIGER
.
General Ali Saibou became President of Niger after the death
of Seyni Kountche in November 1987. Ruling by decree, he is
the head of an authoritarian military regime which has been in
power since 1974. The nation's highest policymaking body is
the Supreme Military Council, whose membership and meetings
are secret. In April the President announced that the
"National Movement of the Development Society" will eventually
be formed as the country's sole political party.
The Nigerien Armed Forces, numbering about 2,600 members plus
800 gendarmes (paramilitary police), help ensure internal
security. Other security organizations are: the Direction de
la Securite de L'Etat (Directorate of State Security), which
reports directly to the President; the Surete National (or
National Police) which is responsible for maintaining public
order and countering antigovernment activity; and a unit for
presidential protection.
Niger, one of the world's poorest countries, occupies a large
area in the arid Sahel region of West Africa. The economy is
based on subsistence farming, livestock raising, and some of
the world's largest uranium deposits. However, cycles of
drought, desertification, a 3.1 percent population growth
rate, and declining world demand for uranium since the early
1980 's have had a serious negative impact on the Nigerien
economy.
Human rights are circumscribed. The freedoms of assembly,
speech, press, and political activity continued to be tightly
restricted in 1988. However, there have been some positive
steps since Saibou assumed the Presidency in 1987. He has
freed over 100 political detainees, made some improvements in
prison administration, and formed a committee to draft a
constitution. The Government also finally brought to trial in
1988 a number of persons held since 1983 for an attempted coup
d'etat (although the Government's handling of the cases
pointed to the considerable extent of executive influence over
the judiciary) . In 1988 President Saibou also made clear the
limits to change. He stressed that the military will continue
to play a prominent role in the nation's political life and
announced that, when it returns to constitutional law, Niger
will not become a multiparty state.
RESPECT FOR HUI-IAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
No politically motivated disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There are no reliable reports that systematic torture of
detainees and prisoners takes place in Niger. Nevertheless,
cruel treatment, usually in the form of beatings, is often
meted out by officials charged with the custody of prisoners.
Non-Nigerien Africans resident in Niger are frequently
harassed by the police and occasionally suffer physical abuse
while in detention. There were no instances in 1988 of
officials being disciplined for such actions.
In the past, political prisoners or detainees were rarely
allowed family visits. Under President Saibou, political
prisoners have gained more visitation rights. Prisoners with
severe medical problems have normally received medical care.
d. Arbitrary Arrest, Detention, or Exile
With the Constitution suspended since 1974, there are no
specific statutory protections against arbitrary arrest or
imprisonment. Warrants are not required for an arrest, and
there is no right to judicial review of the legality of
arrests or detentions. For criminal offenses, the law holds
that detainees must be charged within 48 hours, but delays
sometimes occur as the result of lack of trained lawyers and
judges. In cases concerning political or security-related
matters, detainees have been held for extended periods without
charge, as in the case of the detainees held in connection
with the October 1983 coup attempt against President Kountche
(see Section I.e.).
The number of political detainees at the end of 1988 was not
known but was believed to be small. President Saibou released
in 1987 over 100 political detainees and prisoners, some of
whom had been held without charge or trial since 1974. Almost
60 of that number were released from house arrest, including
the former President, Hamani Diori, who had been detained in
prison for 6 years and then placed under house arrest for
almost 7 years.
There are no known instances of dissidents or political
opponents being exiled, although some dissidents have
voluntarily gone into exile. In an effort at national
reconciliation. President Saibou announced a general amnesty
shortly after taking office, inviting those in exile to
return. Among those who accepted is the current Minister of
Public Enterprises, Mohammed Abdoulaye, who was in exile in
Libya
.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Niger's legal system is an amalgam of French, Islamic, and
customary law. Civil and criminal cases not involving
security-related acts are tried publicly. Legal counsel is
provided by the State for indigent defendants accused of
felonies or other major offenses if they are under 18 years of
age, handicapped, or faced with the possibility of a sentence
of more than 10 years. Defendants may appeal verdicts first
to the Court of Appeals and, if desired, to the nation's
highest tribunal, the State Court, composed of civilian
magistrates, which serves as a final court of appeals. The
President has the right of pardon in criminal cases and has
invoked this right on several occasions in recent years. At
the village level, matters such as property disputes are
frequently resolved by traditional courts.
In June 1985, the Government of President Kountche formed a
special court to investigate civil service corruption. This
court met regularly in 1988. Stiff penalties were established
for these crimes, including the death penalty for conviction
of embezzlememt of over $500,000. Thus far, life imprisonment
has been the most severe penalty assessed.
Security-related cases are tried in the State Security Court
which operates outside the normal legal framework. This body
was established by presidential decree in 1974. It convenes
in secret, and little is known about its proceedings. Most of
its members are believed to be military officers.
The number of political prisoners in Niger is small. While
releasing most of the political detainees and prisoners in
November 1987 on assuming power, the Government brought to
trial in 1988 in the State Security Court 28 persons (4 in
absentia) for their involvement in the 1983 coup attempt
against President Kountche. The Court sentenced the 4 in
absentia to death and 3 others to prison terms, while
acquitting 21. In a surprising move, the Government did not
accept the verdict and brought the case to trial again. The
retrial took place in September--the proceedings were in
secret as in the first trial--and resulted in stiffer
sentences: the 4 in absentia again received death sentences;
16 received various prison terms: and 8 persons were
acquitted. The Government insisted that the Court had acted
independently, but it appeared that senior officials in the
Government did not agree with the "lenient" sentences given in
the first trial.
Seven Tuaregs are serving 30-year sentences for their attack
in 1985 on the police station in Tchin-Tabaraden.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The police have the right to enter homes between 5 a.m. and
9 p.m. and will enter at other times if they deem it
necessary. Court warrants are not required in such
instances. Violations of privacy such as interference with
correspondence, telephone tapping, and use of informer
networks are known to take place.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are restricted, although the National Charter
adopted in 1987 provides in principle for freedom of thought,
expression, assembly, and association. Institutions such as
an elected legislature do not exist.
Niger's major print and electronic media are government owned
and controlled. The Government uses the media to disseminate
government policies and to rally popular support for official
programs and the President and his advisers. While some
criticism of government policy or bureaucratic inefficiency is
allowed, especially in the weekly publication Sunday Sahel,
such criticism is expressed either at the behest of, or at
least with the knowledge and permission of, the Government.
Debates on aspects of the economy or cultural policy take
place in the media, but the boundaries of permissible
discussion are understood in advance by all participants.
Niger's first independent journal. The Economic Operator,
began regular circulation in late 1987. While not
controversial, it provides a vehicle for publishing material
that does not represent solely governmental opinion.
There have been no reports of censored or banned magazines or
other publications, but the Government is under no legal
constraints should it discover material that it deems
offensive. Foreign films are subject to censorship by the
Ministry of Interior on grounds of public morality and
political content.
b. Freedom of Peaceful Assembly and Association
Most forms of voluntary association, such as trade unions,
churches, and other religious groups, function with the
understanding that they must act in accordance with government
policy. Government permission is required for public
gatherings and is granted only to recognized groups.
1988 witnessed a major strike by university students that
lasted almost a month. The students struck over several
issues including: recognition of their association; universal
full scholarships; the return to classes of their colleagues
who had been sent to do their civilian service before
graduation as a disciplinary measure after earlier student
strikes; acceptance of all high school students into the
university; better accommodations; and student representation
on university boards and commissions. The Government resolved
the strike peacefully through negotiation.
For a discussion of freedom of association as it pertains to
labor unions, see Section 6. a.
c. Freedom of Religion
Niger is a secular state. While the population is over 90
percent Muslim, the Government permits the practice of other
religious beliefs. Foreign missionaires can live, work, and
travel in Niger. Religious groups are allowed to maintain
links with fellow believers in other countries.
The Government, cautious of the Islamic fundamentalist
violence that erupts periodically in nearby northern Nigeria,
monitors Muslim religious activity through the Islamic
Association. This Association is funded by the Government and
assists in an informal screening process of local religious
leaders. Islamic services that go beyond strictly religious
subjects are not permitted.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Travel within Niger is closely monitored, although there has
been some relaxation during the last year. Police checks,
often entailing thorough searches, take place upon entering or
leaving major towns and cities. These checks reflect a
governmental preoccupation with security and smuggling, a
concern over possible movements into the country of
foreign-based dissidents or criminal elements, and a policy to
discourage migration to urban areas. Nigeriens wishing to
travel abroad must obtain exit visas, which are usually
granted. Married women must have the permission of their
husbands to travel abroad.
The repatriation of Nigerien nationals is unrestricted. Niger
is a party to the U.N. Convention and Protocol Relating to the
Status of Refugees and has cooperated with the U.N. High
Commissioner for Refugees in handling the few registered
refugees currently in Niger.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the ability to change their government
through democratic procedures. Political power is
concentrated in the hands of the military, and President
Saibou has placed more government ministries in the hands of
the military. Ten of his 29 cabinet positions are held by
military officers. All of Niger's seven departments have
military governors, who have sweeping powers within their
departments
.
The President announced in 1988 that Niger will soon form its
sole political party. The National Movement of the Development
Society. The new party, when finally organized, will likely
be an outgrowth of the National Development Council (NDC)
system which has been in place since 1979. The NDC consists
of a hierarchical network of smaller councils at the village,
regional, departmental, and national levels. These councils
consist of elected and appointed members, although only at the
village level are members elected directly by the people. The
national-level council consists of Nigeriens from all walks of
life, who also serve on special committees to consider various
aspects of economic development, cultural policy, and social
issues
.
At the end of 1988, the committee to draft a new constitution
had begun its deliberations. Women occupy many midlevel and
lower level positions in the Nigerien Government. In 1987
President Saibou appointed the first woman to a cabinet-level
position and placed her in charge of women's affairs.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government has recently been very cooperative in answering
inquiries on the status of political prisoners of interest to
Amnesty International. There are no domestic groups which
monitor the human rights situation in Niger. Niger is not
active in regional and international human rights
organizations
.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Four major ethnic groups, each with its own language, make up
the bulk of the population. The two primarily nomadic groups,
Tuaregs and Fulani (peul), have less access to government
services, partly because their transient lifestyles make it
difficult for the Government to supply them with services.
The essentially traditional nature of Nigerien society helps
ensure that family and ethnic group ties remain strong and
supportive, but traditional practices and attitudes on
ethnicity, women, and education have some negative effects.
Males have considerable advantages in terms of education,
employment, and property rights. In cases of divorce, custody
of all children under 8 years of age is given to the husband.
Conscious of the adverse situation of women, the Government
has begun work on a new family code, tried to provide better
employment opportunities to women, given them a significant
role in the National Development Council, and supported a
national women's association. Women are paid comparable wages
to men and are active in the business community, although
commerce is dominated by men. The first professional
associations of women traders, educators, and bankers were
formed in 1988. About one-third of Nigerien doctors are
women, and many of the nation's magistrates are women. The
Government continues to encourage family planning and in 1988
legalized the use of contraceptives.
Section 6 Worker Rights
a. The Right of Association
Approximately 90 percent of Niger's work force is employed in
the rural sector. In the small modern economy, workers have
the right to establish and join trade unions, but all unions
by law must be organized under an umbrella group, the National
Union of Nigerien Workers (USTN) . The USTN is partially
funded by the Government and is usually responsive to
government policies. The head of the USTN is elected by its
members. The USTN represents about 30 percent of the
approximately 60,000 salaried workers in Niger. It publishes
a quarterly magazine, The Worker, which discusses USTN
activities. The USTN maintains relations with recognized
international bodies, e.g., the International Labor
Organization and the Accra-based Organization of African Trade
Union Unity.
Strikes in Niger are legal if conciliation and mediation
procedures have been exhausted. Uranium mine workers struck
in 1987 over housing and other issues. Fellow workers from
the nearby coal mine joined the strike, which ended with a
negotiated settlement.
b. The Right to Organize and Bargain Collectively
Collective bargaining is legally authorized, but the
Government is deeply involved in the process. There is a
general collective bargaining agreement which has been in
force since 1972 between the USTN, employers, and the
Government. The agreement covers wages and benefits and is
extensively applied to all sectors of the urban wage economy.
Individual unions are permitted to bargain for more favorable
agreements at their work sites. The Government promotes
voluntary worker-employer negotiations but does not sit at the
bargaining table in private sector negotiations. If these
negotiations fail, the Government becomes the arbitrator. The
collective bargaining agreement protects workers against
antiunion discrimination. Labor legislation is applied
uniformly throughout the country, and there are no export
processing zones in Niger.
c. Prohibition of Forced or Compulsory Labor
Niger's labor code prohibits forced or compulsory labor, and
it is generally not practiced. The last reported instance of
forced labor was during the 1985 drought emergency when
displaced herders, primarily ethnic Tuaregs and Fulanis, were
in some instances forcibly required to work in food-growing
projects
.
d. Minimum Age for Employment of Children
Children between the ages of 12 and 18 may be employed, but
there are strict provisions concerning the hours of employment
and types of employment for children in this age group. All
labor provisions, including those concerning child labor, are
applied in practice only in urban areas. In the subsistence
agricultural sector, which employs most Nigeriens, children
work on family plots under conditions which are not in
compliance with the provisions of the labor code.
e. Acceptable Conditions of Work
The minimum wage for salaried workers is approximately $66
per month. According to union officials, this wage is not
sufficient to provide a decent living for workers and their
families. USTN is negotiating with the Government, the
largest employer of salaried workers, to increase the minimum
wage rate. Because of the country's depressed economy, the
Government has not increased salaries since 1980, despite the
rising cost of living.
The legal workweek is 40 hours. However, according to the
labor code, certain occupations requiring irregular hours are
authorized longer workweeks, with a maximum of 72 hours. The
labor code also provides occupational safety and health
regulations which are to be enforced by the labor inspector's
office. Because of staff shortages, this office focuses
mainly on the mining, building, and industrial sectors for
safety violations. According to a ministry official,
compliance is often difficult to enforce because of the
attitude of the workers who are relatively uneducated and are
therefore not fully cognizant of the safety risks posed in
their jobs. They often complain and refuse to wear protective
clothing because of Niger's hot climate. For the most part,
employers have been responsive in providing safety equipment
