| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: NIGER HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
NIGER
After adoption of a new Constitution in December 1992, Niger
conducted in early 1993 its first multiparty presidential and
legislative elections since independence in 1960. In the
presidential elections, which international observers judged to
be free and fair, eight parties banded together against the
party created by the former military rulers to elect Mahamane
Ousmane as President of the Third Republic. Nine parties won
representation in the National Assembly elections. The
governing coalition, the Alliance of the Forces of Change
(AFC), led by Prime Minister Mohamadou Issoufou, consists of
six parties with 50 of the total of 83 Assembly seats. The
former ruling party, the National Movement for the Development
of Society (MNSD-Nassara), won 29 seats in the Assembly and now
leads the opposition.
The new Government moved quickly to address the Tuareg
insurgency in the north, and in March reached a 3-month truce
with the major Tuareg group, the Liberation Front of Air and
Azawak (FLAA). The March truce led to an exchange of all
prisoners and was extended in June for another 3 months. By
September, however, the Tuareg rebellion had split into three
principal factions only one of which, the Front for the
Liberation of Tamoust (FLT), agreed to renew the truce for
another 90 days. Despite the truces, some armed Tuaregs
continued throughout 1993 to attack convoys and government
outposts, raiding vehicles and taking food and fuel. By year's
end, the Government was continuing efforts to engage the Tuareg
factions in talks aimed at a comprehensive settlement offering
greater regional autonomy.
The main security forces consist of the army, the gendarmerie
(rural paramilitary police), and the national police. The new
Government experienced problems in maintaining control over the
security forces. In July some of the same elements that
mutinied in 1992 once again attempted an uprising, demanding
rejection of the Government's budget austerity measures,
payment of salary arrears, and implementation of longstanding
proposals to reorganize the military. Supporters of the newly
elected coalition staged large counterdemonstrations, and the
troops returned peacefully to their barracks. Following the
mutiny, the Government initiated disciplinary action, including
loss of rank, transfer, and removal, of personnel associated
with the mutiny.
Upwards of 90 percent of the population depend on traditional
subsistence farming or herding. Uranium mines produce the
single most important export. Persistent drought cycles, low
literacy rates, the declining demand for uranium, and
burdensome debt have further weakened an already marginal
economy. The Government's 1993 austerity budget cut the single
largest expenditure--civil service salaries, which comprise
half the formal wage sector. The labor unions have been
critical of the Government's program but at the end of 1993 had
agreed to the reductions.
Observance of human rights advanced with the introduction of a
new Constitution, with free elections and the installation of a
coalition Government, and with efforts to resolve the Tuareg
rebellion, including delineating electoral districts in the
National Assembly to ensure minority representation.
Nevertheless, there continued to be serious human rights
problems. In particular, during the fighting early in 1993,
both government and rebel forces committed human rights abuses,
causing some civilian deaths and property destruction.
Moreover, while generally respectful of human rights, the
transition government, which was in power in the first quarter
of the year, made numerous attempts to intimidate or otherwise
restrict its critics in the media. Some splinter Tuareg groups
continued throughout 1993 to commit serious abuses, including
killing noncombatants, but the Government's restrictive
information policy in the northern security zone made precise
information difficult to obtain.
The Tuareg rebellion has been fueled in part by historical
conflicts and by a centralized political system dominated by
the more numerous Hausa and Djerma ethnic groups. Serious
societal discrimination and domestic violence continue against
women, who also lack educational and employment opportunities.
The overloaded court system dispensed justice only very slowly
with long pretrial confinement.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The newly elected Government did not engage in political or
extrajudicial killings in 1993. However, early in the year,
under the transition government, there were reported instances
of extrajudicial killing. In August 1992, military and
paramilitary forces captured some 180 presumed Tuareg rebels in
raids. Some of the 180 have never been accounted for and must
be considered as having been killed extrajudicially.
Similarly, Tuareg rebels took an undetermined number of
captives early in 1993 who have disappeared and are presumed
dead. Additionally, the conflict between military forces and
Tuareg rebels in the north produced human rights violations
resulting in a number of civilian casualties (see Section
1.g.). Early in the year, the local press reported that two
policemen held by the rebels had died of malnutrition.
b. Disappearance
There were no reports of government-instigated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of cruel, inhuman, or degrading treatment
inflicted by either the army or Tuareg rebels after the truce
in March was signed. There were random instances of individual
law enforcement or prison officers abusing detainees and
prisoners, although such cases were much reduced from 1992.
Reports of abuse by police or prison officials involve
occasional instances of beatings of detainees or prisoners,
usually those believed guilty of sexual offenses or crimes
against persons.
d. Arbitrary Arrest, Detention, or Exile
The 1992 Constitution prohibits arbitrary detention. By law an
arrestee must be either charged or released within 48 hours.
In special cases the public prosecutor may authorize a 24-hour
extension. However, in practice, if a police officer has
failed to gather sufficient evidence within the detention
period, the prosecutor gives the case to another officer, and a
new 48-hour detention period begins. A case is not dismissed
if the limits on detention are not respected.
The judicial system is seriously overloaded; individual
magistrates hear upwards of 400 cases per year. There are no
statutory limits on pretrial confinement which frequently lasts
months or even years. As many as 80 percent of prisoners in
Niamey are awaiting trial. There are only two sessions of
criminal court per year, lasting 2 to 3 weeks each. If an
arrestee is finally judged innocent, compensation for
unjustified detention may be awarded.
Defendants are allowed to choose their own lawyer, and bail is
available for crimes carrying a penalty of less than 10 years'
imprisonment. Widespread ignorance of the law and lack of
financial means prevent these rights from being exercised fully.
In January the Government released 81 suspected rebel Tuaregs
in Agadez for lack of sufficient evidence. In February the
police in Zinder released an undetermined small number of
detainees suspected of being rebels. Outside its effort to
combat the rebels, the Government did not arrest people for
their opinions.
Shortly after national elections in March, the Government and
rebels signed a 3-month truce which was renewed for a second
3-month period. The initial truce was followed by a general
amnesty. All prisoners held by the Government and Tuareg
rebels were released. In September the Government and the FLT,
a Tuareg splinter group, extended the truce another 90 days.
From March to September, the truce accords were largely
respected by the main Tuareg factions, although attacks by
splinter groups continued to occur. Since September only one
Tuareg faction has agreed to a continued truce, and the
frequency of reported attacks has increased. The Government,
through French and Algerian intermediaries, has attempted to
arrange talks with all the Tuareg factions aimed at a
comprehensive settlement of the rebellion based on increased
local government autonomy and economic development assistance
to the northern region.
The new Constitution prohibits the use of exile as a means of
political control, and no instances of exile occurred.
e. Denial of Fair Public Trial
The formal legal system in Niger derives from French law.
Civil and criminal cases not involving security-related acts
are tried publicly. Defendants have the right to be present at
their trial, to confront witnesses, to examine evidence brought
against them, and to present evidence of their own. The new
Constitution affirms the presumption of innocence.
Nigeriens can have cases involving divorce or inheritance heard
by either a traditional chief or a customary court. Customary
courts, located only in large towns and cities, are headed by a
legal practictioner with basic legal education who is advised
by an assessor knowledgeable in the society's traditions. The
judicial actions of chiefs and customary courts are not
regulated by code. Cases unresolved by chiefs or customary
courts can be appealed to the formal court system. There are
no religious courts.
Minors and defendants charged with crimes carrying a sentence
of 10 years or more are eligible to be defended by counsel at
public expense, if they cannot themselves afford a lawyer.
Lawyers comply with government requests to provide counsel in
these cases but generally are not paid for their services.
Defendants and prosecutors may appeal a verdict, first to the
Court of Appeals and then to 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. Nigerien law prohibits execution
until the executive privilege of pardon is explicitly rejected.
The Constitution stipulates an independent judiciary. In the
departmental capital of Maradi, a judge dismissed a case
brought by the Government against members of an opposition
political party charged with organizing an illegal political
rally. The judge ruled the Government had not complied with
the law in attempting to suppress the rally and, therefore, the
rally must be considered legal. The integrity of the courts,
on the other hand, has been called into question by credible
reports of judges being influenced by family or business ties.
Official investigations continued into the 1990 and 1991
incidents in which government security forces killed civilians
during political demonstrations. The Government promised that
those responsible would be prosecuted, but by year's end there
had been no arrests.
The Government has the legal power to constitute a State
Security Court to try high crimes against the State, but had no
cause to call the Court into operation in 1993. Proceedings
may be held in secret at the discretion of the Court, and the
names of judges are not published. Due process provisions
apply in the State Security Court.
The newly elected Government launched an effort to combat
illicit enrichment, corruption, and influence peddling. The
Prime Minister instructed all ministers to ensure that their
staffs were fully aware of the relevant provisions in the Penal
Code. Shortly after the Prime Minister publicized the illicit
enrichment campaign, the first arrests of officials accused of
corruption were made in Maradi and Agadez.
At the end of 1993, there were no known political detainees
being held by the Government. In late 1993, the Government
detained several persons for questioning for their alleged
involvement in a plot to destabilize the Government. According
to a police source, only one or two suspects remained in
custody.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
By law the police are required to have a search warrant,
normally issued by a judge. The law stipulates that the police
may enter a home only between the hours of 6 a.m. and 9 p.m.,
unless in hot pursuit. The police may search without warrants
when they have strong suspicion that a house shelters criminals
or stolen property. Evidence thus gained is fully admissible
in court. Human rights organizations report that routine
searches are often conducted without warrants and at all
hours. There were no reports of interference with
correspondence.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Government security forces and rebel Tuareg groups engaged in
sporadic skirmishes during the first quarter of 1993, and there
were credible reports of violations of human rights. The
Government established a security zone in the north, and
journalists and others do not have ready access to the zones or
to information. Therefore, the number of civilian casualties
in the fighting was unknown, but incomplete reports indicated
that there were several deaths. For example, in January a
Tuareg commando killed nine people, including three members of
the Republican Guard, in Abala. Also, in February there were
reports that Arabs of the Tessara region, allegedly supplied
with arms by government forces during the period of the
transitional government, killed 13 Tuaregs at Intarikad.
Despite the truce, splinter groups of rebels or bandits
continued to attack civilian targets to obtain food, fuel, and
other supplies, often resulting in deaths. In August a Tuareg
raid left seven dead, four of whom were infants. To keep
supply lines open to the north, the Government organized armed
convoys. Although many of the attacks were attributable to
banditry, others were attributable to armed Tuareg factions
associated with the rebellion. The political goal of these
attacks reportedly was to demonstrate the Government's
vulnerability and inability to protect civilian populations.
While there were no reports of government forces perpetrating
acts of violence against noncombatants nor using excessive
force against rebels after the March truce, human rights groups
reported that the military used the security zone to obscure
its activities from public scrutiny. The press was not
expressly forbidden from the security zone but in practice
seldom ventured there. The Government was reluctant to talk
openly, much less publish detailed information, on the
rebellion for fear that it would compromise the truce and stop
further talks with the rebels.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution explicitly provides for the rights of free
speech and press and makes permanent the Superior Council of
Communication (CSC), created by the National Conference in
1991, to monitor communications policy. Although members of
the CSC have been elected, it is not yet operational due to a
dispute over who should represent the public press. Deputies
speak freely in the National Assembly and openly criticize the
Government.
The most important medium in reaching the public is the
government-operated national radio service. It disseminates
information in eight languages, including programs to explain
the meaning and function of democracy. The national radio
service covers opposition activities, and there is no
progovernment bias in its programming. In addition, the
Government publishes the daily Le Sahel, as well as a weekend
edition in French.
Several private newspapers came into existence bringing to
eight the total number of French and Hausa-language weekly
papers. During the transitional government's rule, there were
numerous attempts to intimidate the media, including a
recommendation by the Minister of Interior that publications be
deposited with the Government 48 hours before their
distribution. The recommendation was never implemented,
however. The newly elected Government made no attempts to
intimidate or interfere with the media. In fact, the media
criticized the Government and even published interviews with
Tuareg leaders after they were released from incarceration.
When the official daily failed to cover labor's views, several
independent weeklies carried full explanations of labor's
reasons for opposing the Government's economic austerity
program.
While Niger boasts an active association of editors of private
newspapers and an association of female communications
professionals, some journalists did not always substantiate
their stories. As a consequence, several government officials,
including the former Prime Minister, brought suits against
journalists for defamation or libel. The courts found several
journalists guilty of libel and in one case awarded the
plaintiff $1,000, a large sum for a financially fragile
independent newspaper. However, there did not appear to be a
pattern of high officials routinely bringing suits to
intimidate the press or inhibit press freedom.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association was exercised without
hindrance. The Government retains the authority to deny
permission for demonstrations under tense social conditions or
if notice is not provided to public authorities at least 48
hours in advance. However, permits are routinely granted.
Demonstrations are free to use loudspeakers, pamphlets, signs,
and other means of mass communication and openly criticize high
officials, including the President.
There were several incidents testing the transitional and new
Governments' commitment to free assembly. Security forces used
tear gas to disperse several demonstrations: in January to
disperse a demonstration demanding that the Government find the
finances to save the school year; in April to halt a political
rally protesting the election of the Prime Minister when
demonstrators invaded the National Assembly; and in August in
Maradi to disperse a demonstration against the mayor.
In the Maradi incident, the authorities made a dozen arrests
and wounded three after the crowd was sprayed with tear gas.
The Government claimed that the march organizers did not wait
the mandatory period and consequently jailed them for 5 days.
They were released when a judge ruled that the Government had
acted illegally in banning the demonstration. The organizers
have since sued the mayor saying they were illegally arrested
at night.
Under the Constitution, Nigeriens may form political parties of
any kind, except those that are based on ethnicity, religion,
or region. Eighteen political parties formally registered to
participate in the 1993 elections.
c. Freedom of Religion
Niger's population is over 90 percent Muslim. Despite the
objection of certain Islamic groups, the new Constitution
defines Niger as a "nonconfessional" State.
The right to practice other religions is respected.
Christians--Catholic, Protestant, and Jehovah's Witnesses--as
well as Baha'i, practice freely and establish houses of worship
and schools. Conservative Muslim leaders printed denunciations
of Baha'is, calling them heretics. Foreign missionaries live,
work, and travel freely in Niger but must be members of an
internationally recognized organization and register as a
Nigerien association. Dozens of such organizations operate in
Niger. Only a very few have ever been denied permission to
work.
Violence inspired by religious differences between the
mainstream Tijaniyya Muslims and the purist Izala sect
continued to occur. In August a marabout (Muslim religious
leader) of the Tijaniyya was killed, and many believed that
members of the rival Izala sect were responsible. An Izala
marabout was detained for questioning but was ultimately
released.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general, freedom of movement is not restricted. Among the
Hausa and Fulani people in eastern Niger, however, many women
are cloistered and can leave their homes only if escorted by a
male and usually only after dark. Security forces at
checkpoints monitored travel of persons and the circulation of
goods, particularly in and near major population centers.
Attacks by rebels or bandits on vehicles traveling on major
routes to the north severely restricted movement. Neither
emigration nor repatriation is restricted.
There are currently 3,605 Chadians (mostly women and children)
in eastern Niger being supplied food, medical assistance, and
educational fees by the United Nations High Commissioner for
Refugees (UNHCR). In addition to Chadians, Niger is host to
some 4,000 Malian Tuaregs who, according to the UNHCR, will
soon gain refugee status in order to be repatriated to Mali
with international assistance. Niger also hosts a small number
of Togolese, Rwandese, Burundian, and Zairian refugees. There
were no reports of forced repatriation of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercised this right in early 1993 in parliamentary
and two rounds of presidential elections. Citizens aged 18
years and over enjoy the franchise. Just prior to the
elections, in December 1992, citizens voted overwhelmingly (by
nearly 90 percent) to accept the new Constitution establishing
the Third Republic. It sets forth a system of checks and
balances, with a strong Presidency, an 83-seat National
Assembly, and an independent judiciary and enumerates 30
specific civil liberties. A close working relationship has
been established between the Presidency and the Prime Minister,
and the coalition Government has functioned well, despite a
deteriorating economic situation.
Women do not traditionally take part in political
decisionmaking. Nevertheless, the new coalition Government
appointed 5 women to ministerial positions in a 28-member
Cabinet. Women's organizations and other human rights groups
conduct educational campaigns aimed at increasing the
participation of women in the political process.
The traditional practice of husbands voting their wives'
proxies was widely used during the National Assembly elections
and the first round of presidential elections. The attempt by
some men to vote for as many as four wives caused the Electoral
Commission to tighten up on the use of the proxy before the
second round of presidential elections. Human rights groups
seek to eliminate the practice of men voting the proxy of their
wives.
The Electoral Commission (made up of officials and private
citizens appointed by the Government) drew electoral districts
to ensure that minority ethnic groups (Toubou, Fulani, Tuareg,
and Arabs) would be fairly represented. Citizens elected
members of each group to the National Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Independent human rights groups and associations addressed
human rights concerns without governmental hindrance. Several
organizations are active: the Nigerien Association for the
Defense of Human Rights; Democracy, Liberty, and Development;
the National League for Defense of Human Rights; and Adalci
("Dignity" in Hausa). In addition, there are women's groups
and the Network for the Integration and Diffusion of Rights in
the Rural Milieu (known as "Ridd-Fitila").
Human rights organizations acted mainly through public
declarations, private demarches, and articles and appeals in
the press to try to raise public awareness of human rights
issues. The International Committee of the Red Cross is active
in Niger and had access to Tuareg detainees and rebel-held
hostages during the transition period. Amnesty International
has visited without government hindrance to examine human
rights practices.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination based on sex, social
origin, race, ethnicity, or religion.
Women
Despite the Constitution, the deep-seated traditional belief in
the submission of women to men results in discrimination
against females in many areas, including in the political
process (see Section 3), in education (see below), and in
employment and property rights. The situation is particularly
discriminatory in rural areas where women do much of the
subsistence farming as well as the child-rearing. For example,
when the transitional government appointed the first female
prefect (governor), the local citizens objected so strenuously
that the appointment had to be rescinded.
Women do not enjoy equal legal status with men. For example,
while the head of household has certain legal rights, divorced
or widowed women, even with children, are not considered the
head of their household. With the draft family and rural codes
now under consideration by the National Assembly, women's
rights groups are attempting to strengthen women's rights in
inheritance, land tenure, and child custody, and in particular
to end the practice of repudiation. This latter practice
permits the husband to obtain an immediate divorce without
having further responsibility for the wife or children.
While tradition strongly inclines employers to favor men as
employees, there is a small, but increasing, number of women
professionals. About one-third of the doctors, perhaps 10
percent of magistrates, and 24 percent of the civil service are
women serving mostly at the lower ranks. The first female
police officers and soldiers were widely publicized in the
popular press. Still, even in urban areas, women remain
severely underrepresented in middle and high-ranking positions,
in both the public sector and the formal private sector.
Domestic violence against women and children is widespread,
though neither the Government nor women's rights groups have
firm statistics on its extent. Women's groups report that wife
beating is common even in upper social strata. Families often
intervene to prevent the worst abuses, and women may (and do)
divorce for physical abuse. While women have the right to seek
redress in the customary or modern courts, few do so out of
fear of the stigma of being labeled a bad wife. Furthermore,
the majority of women are economically dependent, and to speak
out is to risk immediate divorce by repudiation. Women's
rights organizations report that prostitution is often the only
economic alternative for a woman who wants to leave her husband.
There were isolated incidents of violence against women
attributed to religious motivation. Some extremists physically
abused African women wearing Western clothing because a
religious leader had blamed the failure of the rains on immoral
women.
Children
The Government's responsibility to children is reflected in the
Constitution which provides that the State's public services
must be directed to promote the physical and moral health of
the family, particularly the mother and children. The
Government focuses its limited resources on programs which
support women and children. In addition, public education
through grade six is mandatory and free. Child labor is
strictly limited by law.
Cultural discrimination against females starts early. The vast
majority of young girls are kept home to work. Only about 25
percent of children of primary school age actually attend
school and about 60 percent of those finishing primary school
are male. Young girls rarely get more than a few years of
formal schooling. As a result, the male literacy rate is 18
percent; for females it is 7 percent. Families of young girls
enter marriage agreements on the basis of which girls are sent
at the age of 10 or 12 to join their husband's family under the
tutelage of their mother-in-law.
Female genital mutilation (circumcision) has been condemned by
international health experts as dangerous to both physical and
mental health. In Niger it is limited to one small ethnic
group.
National/Racial/Ethnic Minorities
Ethnic minorities--Tuareg, Fulani, Toubou, Kounouri, and Arab--
assert that the far more numerous Hausa and Djerma ethnic
groups discriminate against them. The new Government has
attempted to address this issue by providing for greater
representation in the National Assembly (see Section 3) and by
other measures, such as providing schools and clinics in the
remote parts of the country. Still, nomadic peoples--Tuaregs
and many Fulani--continue to have less access to government
services, largely due to their nomadic way of life. The Hausa
with about 50 percent of the population, and the Djerma with
about 21 percent are sedentary, mostly urbanized, peoples who
have historically dominated commerce, the professions, and the
civil service.
People with Disabilities
The Constitution charges the State with responsibility for the
handicapped. In the formal economy, the handicapped (except
occasionally those crippled by polio) are rarely employed. The
education of those with special needs is beyond the means of an
underfunded educational system. There is neither legislation
mandating accessibility for the disabled nor the financial
means to implement such regulations.
Section 6 Worker Rights
a. The Right of Association
The right of workers to establish and join trade unions has
been practiced since the 1940's and is codified in the new 1992
Constitution and in the Labor Code of 1962. However, 90 percent
of Niger's work force is employed in the largely subsistence
agricultural sector, which is not unionized.
In the industrial sector, the labor federation, the National
Union of Nigerien Workers (USTN), comprises 42 unions
representing about 70 percent of the 60,000 salary and wage
earners in Niger. The vast majority of its membership is made
up of government employees, i.e., civil servants, teachers, and
employees in state-owned corporations like the national
electrical utility. The USTN and the Teachers Union (SNEN)
have stated policies of political autonomy, but all unions have
informal ties to political parties. Labor challenged the
Government on a wide range of issues, notably in 1993 on the
reductions in the government budget.
Several unions representing professionals and high-level civil
servants remain unaffiliated with the USTN. In addition, there
are a hundred or more trade associations which are required,
like unions, to file their bylaws with the State and must
refrain from overt affiliation with any political party.
The Constitution provides for the right to strike. A minimum
3-day notice is required, and the motives for the strike must
be listed. The security forces and police are prohibited from
striking. In 1993 the USTN called a series of strikes by
public sector employees over back pay of up to 4 months. There
were general strikes for 2 days in June, 3 days in July, and 5
days in September. In the July and September strikes, the USTN
also protested the Government's austerity budget and its
planned deep cuts in civil service salaries. In the 5-day
September strike, the USTN demanded smaller salary cuts and a
reduction in the number of ministerial portfolios. Late in the
year, doctors and medical workers (all state employees) and the
national electrical utility went on strike, each for a few
days. All these strikes were legal, and the Government did not
attempt to suppress the strikes or punish strikers. Employer
retribution against strikers is prohibited.
By the end of 1993, the National Assembly delayed further
consideration of a new labor code, including new provisions
regarding civil servants' right to strike, until March 1994.
Features of the draft law include: mandatory conciliation
before a strike could be legal, 7 days' notice before a strike
could begin, and docking pay for the days civil servants are on
strike. Private sector workers already have their pay reduced
for days out on strike.
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. However, it
enjoys assistance from some international unions, and
individual unions, such as the Teacher's Union, are affiliated
with international trade secretariats.
b. The Right to Organize and Bargain Collectively
In addition to the Constitution and the Labor Code, there is a
Basic Framework Agreement, negotiated by the USTN's
predecessor, employers, and the Government, which has been in
force since 1972. The Agreement defines all classes and
categories of work, establishes basic conditions of work, and
union activities. In the private, public, and state-owned
enterprise sectors, unions widely used their right to bargain
collectively with management without government interference
for wages over and above the statutory minimums as well as for
more favorable work conditions. Collective bargaining exists
in the public sector. However, since most organized workers
are government employees, the Government is actually involved
in most bargaining agreements. The USTN represents all workers
in the bargaining, and labor/management agreements are applied
uniformly to all employees.
The Labor Code is based on International Labor Organization
(ILO) principles and protects the right to organize and
prohibits antiunion discrimination by employers. Labor unions
reported no such discrimination in 1993. A Ministry of Labor
official acts as a binding arbitrator in certain circumstances
defined by law, such as reductions in force or firing of a
union delegate. In addition, the Government is involved in
negotiations to resolve strikes.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, except for
legally prosecuted prisoners.
d. Minimum Age for Employment of Children
Child labor in nonindustrial enterprises is permitted by law
under certain conditions. Children under 14 must obtain
special authorization to work, and those aged 14 to 18 years
are subject to limitation on hours (a maximum of 4.5 hours per
day) and types of employment (no industrial work) so that
schooling may continue. Employers are required by law to
ensure minimum sanitary conditions for working children (and
women).
Law and practice prohibit child labor in industrial work.
Child labor laws are enforced by the labor inspections of the
Ministry of Labor. In practice, child labor is practically
nonexistent in the formal (wage) sector. Instead, economic
necessity forces children to work in the unregulated
agricultural, commercial, and artisanal sectors, usually for an
immediate relative. Often the only alternative for urban
children to working under Niger's difficult economic conditions
is begging in the streets.
e. Acceptable Conditions of Work
A minimum wage for salaried workers of each class and category
is established by law. The lowest minimum is about $70 (18,000
CFA Francs) per month. Additional salary is granted for each
family member and for such conditions of work as night shifts
and required travel. The minimum wages are not sufficient to
provide a decent living for workers and their families. Most
households have multiple earners (largely informal commerce)
and rely on the extended family for support.
The legal workweek is 40 hours. However, certain occupations
involving irregular hours are authorized longer workweeks, with
a maximum of 72 hours. The Labor Code also establishes
occupational safety and health standards enforced by the
Ministry of Labor inspectors. Because of staff shortages,
however, inspectors focus on safety violations in the mining,
building, and industrial sectors. Although generally satisfied
with the safety equipment provided by employers, citing in
particular adequate protection from radiation in the uranium
mines, unions say workers should be better informed on the
risks posed by their jobs. Workers who remove themselves from
dangerous work are likely to be fired, with no legal right to
be reinstated.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.