User talk:T L Miles/ForNiger/links 2008-02

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HISTORICAL ARCHIVE OF PARLIAMENTARY ELECTION RESULTS

Results of parliamentary elections held in the following years can be accessed from this page:

   * 1999
   * 1996
   * 1995
   * 1993
   * 1989
   * 1970 (PDF)

http://www.investir-au-niger.org/ Centre de Promotion des Investissements Sis à la Chambre de Commerce d'Agriculture, d'Industrie et d'Atisanat du Niger.

Place de la Concertation, BP 209 Niamey-Niger Tél. : +227 20 73 25 73 Fax : +227 20 73 46 68 Mail : dmcpiniger@yahoo.fr cham209n@intnet.ne —Preceding unsigned comment added by T L Miles (talk • contribs) 04:05, 2 February 2008 (UTC)

http://www.ipu.org/parline-e/reports/2237_arc.htm

http://www.peacecorpswiki.com/index.php?title=Niger http://fr.groups.yahoo.com/group/internet-niger/ UNESCO search http://www.joelmayer.com/niger/ Code du travail http://www.investir-au-niger.org/fca-investir-niger-6.htmhttp://allafrica.com/niger/ www.uneca.org/aisi/nici/country_profiles/Documents_English/nigerpub.en.doc http://www.tatayi.com/goodleads.htm http://www.gsi-niger.com/sitesinstitutions.htm

http://www.friendsofniger.org/features/politics/ —Preceding unsigned comment added by T L Miles (talk • contribs) 04:08, 2 February 2008 (UTC)

1 History of the internet in Niger (French)
2 http://www.ortn.ne/
3 State.us.gov Human rights profile, 2006: Niger
4 Repubics of Niger work
5 Niger Human Rights links
6 Niger Laws Links

[edit] History of the internet in Niger (French)

nvoyé le : Samedi, 12 Janvier 2008, 18h14mn 59s

Objet : Histoire de l'internet au Niger

L´INTERNET AU NIGER

Présenté par : Kargne Hamani Direction Nationale de l'Informatique kargne@yahoo. com

Début de la connectivité

La société nigérienne des télécommunications (SONITEL), l'unique fournisseur d'accès (www.intnet.ne), avait bouclé le dossier d'enregistrement du nom de domaine du Niger auprès de l'Internic et a rendu opérationnel le noeud national d'accès au réseau internet le 13 novembre 1996.

Au tout début l'internet a été introduit au Niger sur un lien international d'ancienne technologie dite analogique et qui offrait un transfert à 9600 bits/seconde à peu près la vitesse d'un fax correct aujourd'hui.

Depuis le 2 Mai 1997, l'accès Internet du Niger est entièrement numérisé avec notamment un lien international direct à 64 kbps. Un serveur de noms, un serveur Mail , un serveur Web et un serveur Proxy Cache complètent cette configuration.

En Mai 1998, une extension du noeud d'accès Internet a été réalisée en portant le lien international à 192 kbps (kilo bits par seconde), avec une liaison à 128 kbps pour le WEB de qualité premium.

Internet est possible partout au Niger où existe un téléphone à 6 chiffres. Il y a des problèmes de vitesses de transfert pour les usagers de l'intérieur du pays compte tenu de la qualités des infrastructures des télécoms avec les régions etc.

Etat de la connectivité actuelle

Nombre de Connexions RTC : 1239 soit environ 6% par rapport au parc téléphonique national (20.000 lignes téléphoniques) . L'unique société fournisseur d'accès gère 1046 autres adresses électroniques.

Nombre de liaisons spécialisées : 15 soient environ 750 utilisateurs.

40% des LS soient six(6) au total sont répartis dans les institutions académiques et de recherche (IRD, ICRISAT, ACMAD, EAMAC, AGHRYMET, Université de Niamey), 2 LS se retrouvent dans le domaine des ONG (SNV, SDSA), l'administration dispose de deux (2) liaisons spécialisées (Direction de l'Informatique www.delgi.ne, Direction générale des douanes www.douanes. ne), le Centre culturel franco-Nigérien dispose d'une LS et les organisations internationales (PNUD) et autres disposent des quatre autres. Nous ne disposons pas de la répartition au niveau des connexions RTC.

Plusieurs télé centres téléphoniques offrent aujourd'hui la possibilité de consulter son mail et de surfer à Niamey. Le centre culturel franco-nigérien (CCFN) fait également office de cybercafé.

A la direction nationale de l'informatique, une salle contenant cinq (5) machines est destinée à la navigation gratuite pour les cadres de l'administration et les étudiants.

Au niveau de l'IRD (ex-ORSTOM), une salle de 10 machines, sert aussi à la navigation via le net pour les enseignants- chercheurs et les étudiants de l'Université de Niamey.

Les tarifs pour l'accés au réseau Internet du Niger (en fcfa hors taxes)

1 FF = 100 FCFA --> Connexion à Internet (web et E-mail) par le Réseau Téléphonique Commuté (RTC) à 33,6 kbps (kilo bits par seconde)

   · frais de mise en service (nom d'utilisateur et mot de passe) : 10050 FCFA
   · coût du trafic (web et E-Mail) : 50 FCFA par minute

       - Soit une taxe de base de 75 FCFA toutes les 1 minute 30 secondes

   · Réduction de 50 % appliquée la nuit de 19h à 7h, le samedi à partir de 13h et les dimanches et jours fériés. Coût du trafic : 25 FCFA par minute.

       - Soit une taxe de base de 75 FCFA toutes les 3 minutes -

--> Boîte aux lettres électronique (E-Mail)

   · frais de mise en service (nom d'E-Mail et mot de passe) : 12 000 FCFA
   · abonnement mensuel : 4 950 FCFA

--> Accés permanent par liaison permanente spécialisée urbaine

1- débit de 19,2 kbps (kilo bits par seconde) en PPP asynchrone · frais de création : 165 000 FCFA · abonnement mensuel sans revente : 400 050 FCFA

2- débit de 28,8 kbps en PPP asynchrone · frais de création : 199 500 FCFA · abonnement mensuel sans revente : 495 000 FCFA

3- débit de 64 kbps synchrone sur routeur · frais de création : 499 875 FCFA · abonnement mensuel sans revente : 999 750 FCFA

Nota : pour les changements de débit, une taxe forfaitaire unique sera appliquée · de 19,2 kbps à 28,8 kbps : 99 750 FCFA · de 19,2 kbps ou 28,8 kbps à 64 kbps : 249 750 FCFA

Par rapport à la normalisation une ordonnance n°99-045 définit les grandes lignes du secteur des télécoms.

[edit] http://www.ortn.ne/

http://www.ortn.ne/ l’ Office de Radiodiffusion Télévision du Niger

T L Miles (talk) 04:41, 2 February 2008 (UTC)

[edit] State.us.gov Human rights profile, 2006: Niger

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You are in: Under Secretary for Democracy and Global Affairs > Bureau of Democracy, Human Rights, and Labor > Releases > Human Rights > 2006 Country Reports on Human Rights Practices > Africa

Niger Country Reports on Human Rights Practices - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007

Niger is a multiparty republic that returned to democracy in 1999 following coups in 1996 and 1999; it has a population estimated at 14 million. In 2004 Mamadou Tandja was elected to his second five-year presidential term in an election that international observers deemed generally free and fair. Four parties joined the ruling coalition of the National Movement for the Development of Society (MNSD) and the Democratic and Social Convention (CDS) to win a majority of national assembly seats. Civilian authorities generally maintained effective control of the security forces.

Human rights abuses included: alleged extrajudicial killings; use of excessive force by police and security forces; poor jail and prison conditions; arbitrary arrest and detention; prolonged pretrial detention; executive interference in the judiciary; forcible dispersal of demonstrators; interference with press freedoms; official corruption; societal discrimination and violence against women and children; female genital mutilation (FGM); trafficking in persons; the practice of slavery by some groups; and forced child labor.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

During the year the government or its agents did not commit any politically motivated killings; however, security forces were allegedly responsible for detainee deaths during the year.

On May 28, the gendarmerie reported the death of Alpha Harouna Hinsa, a used car parts dealer, who was under their custody and died at the Niamey general hospital, after suffering what the gendarmes described as "a health problem." After conducting their own investigations, human rights associations, including the nongovernmental organization (NGO) Nigerien Association for the Defense of Human Rights, and Hinsa's family charged that Hinsa had died before his hospital admission, after being tortured by gendarmes, and requested an independent investigation. An autopsy was commissioned by the victim's family, but no results were released by year's end. The Niamey prosecutor reportedly was investigating the case (see section 1.c.).

On July 30, Moussa Douka died while in police custody in Agadez, after being arrested on charges of stealing a cell phone and gold jewelry from his employer, a local businessman. At year's end the Procurator General (prosecutor) of the Appeals Court of Zinder reportedly was investigating the case (see section 1.c.).

On March 16, the court of appeals of Niamey reviewed the case of a customs officer killed by police in 2003. The court ordered the government to pay $48,000 (26 million CFA francs) in damages to the victim's family. The customs union considered the judgment insufficient and appealed the case to the Supreme Court, where it was pending at year's end.

During the year bandits set up roadblocks along highways and attacked and robbed persons (see section 2.d.). On August 11, bandits attacked a convoy of cigarette trucks in the northern region, killing one of the soldiers escorting the convoy and injuring several others. Another soldier was reported missing.

At year's end the two bandits arrested for killing a French tourist in December 2005 were still in prison awaiting trial.

Unlike in the previous year, there were no disputes between herders and farmers that resulted in deaths. A court case against the alleged instigator, who remains incarcerated, of a May 2005 incident in which 11 persons were killed and 12 injured, was still pending at year's end.

There were no further developments regarding a 2005 riot over subsidized food distribution that resulted in one death; at year's end one of three suspects detained in the case remained in detention.

There were no further developments in the case of the 2004 killing of local political leader Adam Amenge. Of the 23 persons arrested in connection with the killing, four--Amadou Ibrahim, aka "Bambino," Attaher Rhissa, Boubacar Ando, and Alhassane Adam Ibrahim--remained in pretrial detention at year's end.

b. Disappearance

There were no reports of politically motivated disappearances. Unlike in 2005, there were no reports of kidnappings and violence between Malian and Nigerien herders along the border between the two countries.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices; however, there were reports that security forces beat and abused persons in Niamey and Agadez.

Security force use of excessive force resulted in deaths and injuries (see section 1.a.).

Police forcibly dispersed demonstrations, which resulted in injuries (see section 2.b.).

No action was taken against members of security forces who arrested and beat a health worker for having refused medical treatment to the child of a Republican Guard in 2005.

The investigation into the 2004 abuse by security forces of civilians in Tesker remained open at year's end, although the investigation was no longer being actively pursued; during the year a reconciliation forum had brought affected families together with government officials.

On August 21, armed persons claiming to represent the Revolutionary Armed Forces of the Sahara, a former rebel group, abducted and robbed a group of 22 Italian tourists in the country's northeastern desert. The following day the assailants released all but two of the tourists. The remaining two were released on October 14, after reported Libyan mediation.

Unlike in the previous year, disputes between farmers and herders in western Dosso region did not result in reported deaths or injuries.

During the year authorities held a series of meetings with their Malian counterparts to address cross-border kidnappings, banditry, and cattle rustling that had occurred in 2005. From March 7 to 9, elected officials from both countries held a forum in Meneka, Mali, to exchange views on cross-border security and decentralized cooperation and prepare for another meeting in Niger to develop strategies to address the frontier security situation.

On May 28, the gendarmerie reported the death of Alpha Harouna Hinsa, who was under their custody. According to the gendarmerie, Hinsa passed away at the Niamey general hospital, where he was taken after suffering what the gendarmerie described as "a health problem." After conducting their own investigations, human rights associations dismissed the gendarmerie's claim that Hinsa died in the hospital, contending that he died before his admission, after being tortured by gendarmes. Hinsa's family and human rights groups condemned the alleged torture and requested an independent investigation. A forensic report was commissioned, but results had not been released. The case was under investigation at year's end (see section 1.a.).

On July 30, Moussa Douka died while in police custody in Agadez, after being arrested on charges of stealing a cell phone and gold jewelry from his employer, a local businessman. His death was under investigation at year's end.

Prison and Detention Center Conditions

Conditions in all 35 of the country's prisons were poor and life threatening. Prisons were underfunded, understaffed, and overcrowded. For example, in Niamey's civil prison, there were approximately 720 prisoners in a facility built for 350; at year's end an estimated 550 of them were awaiting trial. Family visits were allowed, and prisoners could receive supplemental food, medicine, and other necessities from their families; however, nutrition, sanitation, and health conditions were poor, and deaths occurred from AIDS, tuberculosis, and malaria.

Corruption among prison staff was rampant. Prisoners could bribe officials to leave prison for the day and serve their sentences in the evenings. Some prisoners bribed officials to serve their sentences in the national hospital in Niamey.

Pretrial detainees were held with convicted prisoners.

Human rights observers, including the International Committee of the Red Cross (ICRC), the National Human Rights and Fundamental Liberties Commission, and various NGOs, were granted unrestricted access to prisons and detention centers and conducted visits during the year.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and the law prohibits detention without charge in excess of 48 hours; however, police at times violated these provisions.

Role of the Police and Security Apparatus

The armed forces, under the Defense Ministry, were responsible for internal and external security. The gendarmerie, also under the Defense Ministry, had primary responsibility for rural security. The national forces for intervention and security, under the Interior Ministry, were responsible for domestic security and the protection of high-level officials and government buildings, and the national police, also under the Interior Ministry, were charged with urban law enforcement.

The police were ineffective, primarily because of inadequate resources. Basic supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and badges were scarce. Patrols were sporadic, and emergency response time in Niamey could take 45 minutes. Police training was minimal, and only specialized police units had basic weapons-handling skills. Corruption remained pervasive. Citizens complained that security forces did not adequately police border regions. The gendarmerie is responsible for investigation of police abuse; however, impunity was often a problem.

Arrest and Detention

The constitution and law require a warrant for an arrest and provide for a 48 hour investigative detention period. If police fail to gather sufficient evidence within that period, the prosecutor can give the case to another officer, and a new 48 hour investigative detention period begins. Poor communication hindered accurate identification of detainees and could result in prolonging the 48 hour detention period. A defendant has the right to a lawyer immediately upon detention, 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 prevented many of the accused from taking full advantage of these rights. Detainees are brought before an independent judiciary. They have a right to prompt judicial determination. They were promptly informed of charges against them. Indigents are provided a lawyer by the government.

There were no further developments in the arbitrary arrests in March 2005 of five civil society leaders. The men were released in April 2005; however, charges were still technically pending, although no further move to prosecute the five had been taken by year's end.

Security forces arrested journalists and numerous demonstrators during the year (see sections 2.a. and 2.b.).

Police occasionally conducted sweeps to detain suspected criminals.

There were serious backlogs in the judicial system. Despite legal limits on the pretrial confinement period of indicted persons, pretrial detention frequently lasted months or years; some persons had been waiting as long as six years to be tried. Approximately 76 percent of those incarcerated were pretrial detainees.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the executive branch sometimes interfered with the judicial process. Judges sometimes feared reassignment or having their financial benefits reduced if they rendered a decision unfavorable to the government. In civil matters there were credible reports that family and business ties influenced lower court decisions. In some instances judges granted provisional release pending trial to high-profile defendants. Persons in such status had complete freedom of movement and could leave the country, but the charges against them remained pending, and the courts could recall them at any point. However, such persons were seldom called back for trial, and some observers charged that provisional release amounted to a denial of fair public trial.

The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews only application of the law and constitutional questions. The High Court of Justice deals with cases involving senior government officials. There also were customary courts and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.

Trial Procedures

Trials were public, and juries were used. Defendants have the right to counsel; the right to counsel at public expense for minors and indigent defendants charged with crimes carrying a sentence of 10 years or more; to be present at trial; to confront witnesses; and to present witnesses on their own behalf. Defendants have access to government-held evidence, and the government has a legal obligation to inform defendants of all evidence against them. Defendants may appeal verdicts, first to the court of appeals, then to the Supreme Court. The law affirms the presumption of innocence. The above rights extended to all citizens, but widespread ignorance of the law prevented many accused from taking full advantage of these rights.

Although lawyers complied with government requests to provide counsel, the government generally did not remunerate them. There were no defense attorneys outside of the capital, although lawyers traveled to other locations to provide legal assistance as requested.

On March 9, the military court sentenced six of 70 soldiers from Niamey charged with high treason in 2002 to jail terms of three to seven years for "illegally breaking into an armory, failure to observe hierarchy, and mutiny." A total of 63 soldiers were released without charge, and six others originally charged in the case were sentenced in absentia to prison terms of three to seven years.

On September 30, the military court sentenced 47 of 113 soldiers charged with high treason in 2002 to prison terms. The 66 others were convicted on the same charges, but were released because their time already spent in preventive detention (2002-06) exceeded their sentences.

On October 16, the tribunal heard the cases of one active duty soldier, one retired officer, and one civilian accused of coup plotting in 2002. The men had been imprisoned awaiting trial for approximately four years. The court discharged the case against the active duty soldier, but sentenced the officer to two years imprisonment and the civilian to four years. The officer was released, since he had been under preventive detention for more than three years.

Traditional chiefs could act as mediators and counselors and had authority in customary law cases as well as status under national law, where they were designated as auxiliaries to local officials. Chiefs received government stipends but had no police or judicial powers and could only mediate, not arbitrate, customary law disputes. Customary courts, located only in large towns and cities, try cases involving divorce or inheritance. They are headed by a legal practitioner with basic legal training who is advised by an assessor knowledgeable in the society's traditions. The judicial actions of chiefs and customary courts are not regulated by law, and defendants could appeal a verdict in the formal court system. Women did not have equal legal status with men in the traditional and customary courts and did not enjoy the same access to legal redress (see section 5).

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Courts of civil procedure (tribunals civils) exist in each major city. These courts hear lawsuits related to civil matters and can apply judicial remedies, while a single appellate entity--the Conseil d'Etat--is responsible for administrative remedies.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions. Under the state security law, police may conduct searches without warrants when they have strong suspicion that a house shelters criminals or stolen property.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and of the press; however, the government restricted these rights in sentencing several journalists to jail terms and intimidating others into practicing self censorship.

The government published a French language daily newspaper, Le Sahel, and its weekend edition. There were approximately 15 private French language weekly or monthly newspapers, some of which were affiliated loosely with political parties. The private press criticized government actions.

Since literacy and personal incomes were both very low, radio was the most important medium of public communication. The government owned radio station La Voix du Sahel provided news and other programs in French and several local languages. There were several private radio stations; eight were owned locally and featured popular news programs in local languages. The private radio stations generally were less critical of the government than were the private newspapers. The government operated multilingual national radio service generally provided equitable broadcasting time for all political parties; however, opposition parties complained of unequal coverage of their activities by government-owned media.

Television was a far less important medium than radio. The government owned Tele Sahel and TAL TV broadcast programming in French and other major national languages. A private television station, TV Tenere, also broadcast local and foreign programming. The director of a private radio station operated a wireless cable television service in the capital, offering access to international channels.

International media were usually allowed to operate freely. Radio France International operated FM relays in Niamey and in Maradi and Zinder provinces. BBC World Service was available on FM in Niamey and Zinder. Local private radio stations also carried Voice of America and Deutsche Welle.

During the year the government closed a private newspaper, imposed a three-month ban on a radio talk show, and brought criminal libel charges against journalists who alleged corruption in its management of a donor-funded public education initiative.

On February 2, Ibrahim Manzo, editor of L'Autre Observateur, was imprisoned following a lawsuit for defamation by a politically well-connected businessman, Moussa Dan Foulani. The newspaper had alleged that Dan Foulani had sold a weapon to a carjacker in a criminal case. Manzo was incarcerated for 10 days. He was released following the February 13 signature of a code of conduct by politicians and journalists.

On February 13, political parties and journalists signed a code of conduct that called for general forgiveness of defamation charges. As a result, all defamation suits, including government-initiated ones, filed prior to that date were withdrawn.

On April 3, authorities expelled a three-person BBC crew that was investigating hunger and malnutrition in the country, although the crew had all required accreditations and authorizations. It was apparently expelled by the governor of Maradi because he opposed reporting on the food crisis. The governor almost certainly acted with the consent of superiors at the national level. The government banned media organizations from reporting on the humanitarian crisis in the country. Other officials also said international and local media would not be allowed to do stories about the food situation, as they did not want the subject touched.

On June 28, the High Council of Communication (CSC), the government organ charged with regulation of the media, closed the private weekly L'Opinion for "insults and defamatory language toward the president of Niger and his family; inciting revolt; and immoral offense." On June 21, the newspaper had published an article entitled L'Imposture (deception) in which it called the president a "wretched lieutenant" and a "dormouse." The same article also called for regime change in the form of a transition government--supposedly a vague allusion to a coup d'etat. On April 25 in another article, the newspaper had published a list of houses that the president allegedly purchased for his seven children for an amount that exceeded his declared legal earnings.

On July 18, the CSC issued a "last warning" to the Tenere FM private radio station for hosting talk shows in which insults had allegedly been made. The show had a reputation as a forum for harsh critics of the government.

On July 21, the CSC banned Fati, a talk show on the Horizon FM private radio station, for three months because the host of the show allegedly broadcast "insults, propaganda, incitement to violence and insurgency, and violation of ethics." The show reportedly featured inflammatory political commentary with ethnic overtones. Its criticism tended to be directed toward civil society, the political opposition, and other presumed opponents of the prime minister and his political party.

On August 4, Mamane Abou and Oumarou Keita, respectively director and editor of Le Republicain newspaper, were arrested and placed in police custody on charges of disseminating false news and defamation of the government. This stemmed from a July 27 article alleging that Prime Minister Hama Amadou was attempting to shift the country's foreign policy emphasis toward non-Western countries. The case was also linked to public concerns over corruption. Many civil society critics and opposition politicians stated that the two men were targeted for earlier articles relating to corruption in the government's management of a donor funded public education program. On August 8, Abou and Keita appeared before the Regional Court of Niamey and were then transferred to separate prisons outside the capital. The trial began on August 14. On September 1, the two men were convicted. Abou and Keita were sentenced to 18 months' imprisonment, a $573 (300,000 CFA francs) fine, and $9,560 (five million CFA francs) in damages. Their lawyers appealed the case; however, on September 25, the court of appeals confirmed the lower court's verdict. On November 27, the Niamey court of appeals reviewed the judgment. The court granted provisional release to the journalists, adjourned the judgment for further consultation, and announced that its verdict would be delivered on December 11. At the court's request, the delivery of the verdict was again postponed until 2007. The journalists remained on provisional release at year's end.

On August 28, Salif Dago, editor of L'Enqueteur newspaper, was placed in police custody on charges of disseminating false news following an article alleging the ritual killing of a baby in a Niamey cemetery by a high profile person. On September 25, Dago was sentenced to six months' imprisonment and a $600 (300,000 CFA francs) fine. However, on November 27, the Niamey court of appeals ruled that Dago was not guilty of the charges against him.

In December Amadou Issoufou, a journalist for the national television network, was suspended for one month after he included in the evening news an international television brief on Abou and Keita's release.

On April 4, the government submitted a bill to amend the prerogatives, composition, and functioning of the CSC. Under the bill, the government would select seven of the 11 CSC members to be appointed. The bill would extend the powers of the CSC president to include the authority to close press agencies without notice and without consulting other CSC members, and to nominate directors for public media organs. It would subject all CSC members to a religious oath when taking office, subject all CSC decisions to the approval of the council of ministers, and provide that journalist members of the CSC should have a minimum of 15 years of experience. Media associations and civil society groups charged that the proposed law did not comply with the spirit of the constitution. They argued that the proposed bill infringed on the independence of the CSC and would give the government full control over the press.

Civil society organizations convinced the National Assembly to make substantial amendments to the bill before passing it unanimously on May 22. Of the controversial measures, only the religious oath was maintained, despite strong opposition from a number of deputies. Under the new law, the CSC is to be composed of 11 members--four appointed by the government and seven by media, communication, and civil society groups.

On January 27, Abdoulkarim Salifou, an independent journalist, was released from prison after serving a two-month sentence for criminal libel. In 2005 Salifou had accused the national treasurer of embezzling funds.

On May 5, the court of appeals of Zinder dismissed as groundless defamation cases filed against two journalists--Raliou Hamed Assalek and Abdoulaye Harouna--by the governor of Agadez in 2005.

Internet Freedom

There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chatrooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by electronic mail. Internet availability was limited by a lack of infrastructure, a single Internet service provider, and limited personal computer ownership, although all cities offered Internet cafes that were heavily utilized. Niamey boasted a steadily expanding wi-fi network, and some public libraries offered patrons Internet access. While the Internet was not part of most citizens' daily lives (1.8 users per 1,000 people in 2004, according to the World Bank) it was available in Internet cafes at moderate rates.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The constitution and law provide for freedom of assembly, and while the government generally respected this right, during the year police forcibly dispersed demonstrators. The government retained the authority to prohibit gatherings either under tense social conditions or if 48-hour advance notice was not provided.

On February 3, police used force to disperse violent student demonstrators. Police arrested 17 students; they were all released on March 3. On July 28, police used force to disperse an unauthorized protest march relating to events in Lebanon. Several persons sustained minor injuries in these incidents.

No action was taken against security forces responsible for injuries that resulted from the violent dispersal of demonstrators in 2005 and 2004.

Freedom of Association

The law provides for freedom of association; however, citizens may not form political parties based on ethnicity, religion, or region.

c. Freedom of Religion

The law provides for freedom of religion, and the government generally respected this right in practice.

Islam was the dominant religion and the Islamic Association, which acted as an official advisory committee to the government on religious matters, broadcast biweekly on the government controlled television station. On government controlled media, Christian programs generally were broadcast only on special occasions, such as Christmas and Easter, although the independent media regularly broadcast such programs.

Religious organizations must register with the Interior Ministry. Registration was a formality, and there were no reports that the government refused to register a religious organization.

On February 10, the government established an Islamic Council composed of 10 leaders drawn from Islamic associations including the Islamic Association of Niger and other NGOs, and 10 members from various government agencies. The Islamic Council advised the government on Islamic issues including preaching, mosque construction, payment of zakat, etc. The council's avowed goals were to "work toward promoting a culture of tolerance and social peace and encourage Nigeriens to participate in the country's economic, social, and cultural development." During the installation of the council, the prime minister said that the purpose of the council was in part "to address behaviors and practices inspired by foreign countries," a remark widely interpreted to mean Nigerian and middle-eastern-inspired theological change and mosque construction projects.

Societal Abuses and Discrimination

There was no significant Jewish community in the country, and there were no reports of anti-Semitic acts.

For a more detailed discussion, see the 2006 International Religious Freedom Report.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The constitution and law provide for freedom of movement, and the government generally respected this right. Security forces at checkpoints monitored the travel of persons and the circulation of goods, particularly near major population centers, and sometimes demanded bribes. During the year transportation unions and civil society groups criticized such practices, and the Anticorruption Commission called for an investigation into checkpoint corruption; however, no investigation had been conducted by year's end. There were reports during the year that bandits set up roadblocks along highways and robbed persons, although, unlike in 2005, no deaths occurred. The December 2005 case of three armed bandits who attacked persons returning from a regional market near the border with Mali, stole their camels, cash, and other valuables, and fled, remained under investigation at year's end.

The law prohibits forced exile, and there were no reports that the government used it.

On October 23, the government announced it would expel a group of nomadic Arabs of Chadian origin who had settled in the eastern Diffa region in the 1970s and 1980s. Known as Mahamid Arabs, the community (which numbered between 17,000 and 50,000 persons) had neither refugee status nor, in most cases, Nigerien citizenship. On October 27, after protests from leaders of the Mahamid community, the government rescinded the order, and stated that it would establish a commission to study land use and conflict issues between the Mahamids and Diffa's indigenous population. At year's end no Mahamid Arabs had been forced to move, and the government reportedly was contemplating moving at least some community members to adjoining regions of Niger. The Mahamid Arabs had moved into the country from Chad in the 1970s and 1980s to escape drought (1968-73) and then armed conflict (early 1980s). The vast majority had settled in the arid eastern region of Diffa, where disputes over land use, access to wells, and animal grazing rights had reportedly been simmering for several years.

Protection of Refugees

The law does not provide for granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, although the country is a signatory to the convention. The government has not established a system for providing protection to refugees, but in practice provided protection against refoulement, the return of persons to a country where they feared persecution. The government did not routinely grant refugee or asylum status, although it cooperated with the office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees and asylum seekers. The UNHCR's regional office in Benin was responsible for refugee assistance and protection in the country; the government's interministerial National Refugee Eligibility Committee performed refugee prescreening duties. The government also provided temporary protection to individuals who may not qualify as refugees under the 1951 convention and its 1967 protocol and has offered asylum to several thousand persons, primarily from Mali and Chad. Approximately 500 refugees from Chad and other neighboring countries remained in the country.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

The constitution and law provide citizens with the right to change their government peacefully, and citizens exercised this right through periodic and generally free and fair elections held on the basis of universal suffrage.

Elections and Political Participation

In December 2004 Mamadou Tandja was elected to his second five year presidential term with 65 percent of the vote in an election that international observers described as generally free and fair, despite some irregularities on election day. A coalition composed of the MNSD, CDS, the Rally for Social Democracy, the Rally for Democracy and Progress, the Nigerien Alliance for Democracy and Progress, and the Social-Democratic Party of Niger backed Tandja and, in legislative elections held at the same time, won 88 of the 113 seats in the National Assembly. The opposition Nigerien Party for Democracy and Socialism won 25 seats. Tandja reappointed MNSD party president Hama Amadou as prime minister.

Individuals and political parties can freely declare candidacies and stand for election.

Women traditionally have played a subordinate role in politics. The societal practice of husbands voting their wives' proxy ballots effectively disenfranchised many women in the 1999 elections; however, female voter turnout substantially increased during the local, legislative, and presidential elections held in 2004. There were 14 women in the National Assembly and six female ministers in the cabinet; six of the country's 20 ambassadors were women. The law mandates that women receive 25 percent of senior government positions and fill 10 percent of elected seats; women held at least 10 percent of the 3,747 local council positions.

All major ethnic groups were represented at all levels of government. There were eight seats in the National Assembly designated for representatives of "special constituencies," specifically ethnic minorities and nomadic populations. President Tandja, who reportedly is half Peul (Fulani) and half Kanouri, is the country's first president who is not from either the Hausa or the Djerma ethnic groups, which make up approximately 56 percent and 22 percent, respectively, of the country's population.

Government Corruption and Transparency

The government publicly acknowledged that corruption was a problem and prosecuted numerous officials for corruption during the year. There was a widespread public perception that corruption was a problem in the executive and legislative branches.

Corruption was prevalent within government and the informal sector of the economy. The political turbulence of the 1990s--a period of weak democratic governments and military coups--rendered the government increasingly dysfunctional. Civil service salaries went unpaid for months at a time, and the morale and resources of the public service declined rapidly. Since the return of stable, democratic government in 1999, public administration has improved, and salaries have been paid on time, but corrupt practices and expectations that took root during the period of turmoil remained prevalent. Citizens sometimes paid bribes to civil servants to circumvent bureaucratic obstacles and obtain advantageous treatment. The problem of corruption is compounded by a poorly financed and trained law enforcement system and weak administrative controls. Other major underlying causes of corruption were rampant poverty, low salaries, the politicization of the public service, the influence of traditional kinship, ethnic, and family ties on decision-making, a culture of impunity, and a lack of civic education. Nevertheless, during the year mounting pressure from foreign donors and many citizens led to some progress in the fight against corruption.

On June 27, the president replaced Minister of Basic Education Hamani Harouna and his predecessor in that position, Minister of Public Health Ary Ibrahim. The two were dismissed to prepare their defense in a case stemming from allegations of corruption in their management of a World Bank-led, multi-donor, 10-year educational development program. On October 1 and 2, the National Assembly voted to waive both former ministers' immunity from prosecution. They were charged with infringing on bidders' equal opportunity to seek government contracts; embezzlement of public funds; and aiding and abetting forgery. The two former ministers and several civil servants from the Ministry of Basic Education were jailed, and at year's end remained in prison awaiting trial. The ministers were likely to stand trial before the High Court of Justice, established to deal with cases involving senior government officials. Their case would be the first to be tried before the High Court since its creation. At year's end, no action had been taken against three National Assembly deputies--Bonkano Maifada, Intarou Hassane, and Raja Chaibou--who were also allegedly involved in the scandal. Donors suspended payments to the fund in June, after an audit revealed a pattern of overbilling and unjustifiable expenses.

On July 14, the Council of Ministers terminated 19 teachers who had initially been suspended without pay on January 18 for fraud, forgery, and influence peddling in connection with public school exams.

On August 5, three school principals and two teachers were arrested in Agadez and charged with committing fraud during the middle school leaving exams in June. The principals were granted provisional release. No trial date had been announced by year's end.

The 15 civil servants sentenced to five months' imprisonment for corruption in 2005 were all released during the year. Some served their full sentences, while others benefited from a presidential pardon on the country's Independence Day.

The corruption case against Almoustapha Soumaila, the country's former Francophone Games director general, continued during the year. On July 27, the Supreme Court annulled a court of appeals judgment from April, citing faulty procedure. The Supreme Court ordered another trial before the court of appeals. On October 5, the court of appeals reclassified the charges against Almoustapha from abusing public property to embezzlement of $271,510 (142 million CFA francs), a criminal offense. Almoustapha remained in prison, and his case was pending at year's end.

The Ministry of Finance deputy director, who was arrested for fraud in July 2005, was still in prison awaiting trial at year's end.

The National Commission on Corruption selected priority sectors for investigating corruption: justice, health care, education, and transportation. While the commission obtained office space and a modest budget of $76,000 (40 million CFA francs), its ability to investigate corruption remained limited.

There were no laws that provided for public access to government information; however, many documents could be obtained from individual ministries and the National Archives. The government granted access to government information to both citizens and noncitizens, including foreign media.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

The government-established National Commission on Human Rights and Fundamental Liberties, a majority of whose commissioners were drawn from the private sector and NGOs, operated without government or party interference; however, it often lacked the resources necessary to conduct its work, was generally considered ineffective, and issued little in the way of reports or recommendations.

In 2005 a coalition of human rights NGOs sued the government to reverse a presidential decree that had named new members to the commission. The Supreme Court annulled the presidential decree late in 2005. During the year new elections were held but controversy over the selection process continued, with representatives of two human rights associations contesting each other's participation. The controversy continued at year's end, with the government attempting to mediate between the two groups.

There were no further developments in the case of Nouhou Arzika, a civil society activist who in 2005 was attacked and severely beaten by bodyguards of politically well-connected businessman Moussa Dan Foulani.

The government cooperated with international organizations and permitted visits by UN representatives and other organizations such as the ICRC. The ICRC visited during the year. Also during the year the International Labor Organization (ILO) issued a report on forced labor practices in the country. The government officially accepted the report in November, which led to the establishment of a joint ILO-government-civil society working group on forced labor (see section 6.c.).

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

Although the law prohibits discrimination based on sex, social origin, race, ethnicity, or religion, societal discrimination against women, children, ethnic minorities, and persons with disabilities was widespread.

Women

Domestic violence against women was widespread, although reliable statistics were not available. Wife beating reportedly was common. The law does not explicitly prohibit domestic violence; however, a woman can sue her husband or lodge criminal charges for battery, penalties for which ranged from two months in prison and a $19 (10,000 CFA francs) fine to 30 years' imprisonment. The government tried with limited success to enforce these laws. There was no data available on how many abusers were prosecuted or convicted during the year. Charges stemming from family disputes were often dropped in favor of traditional dispute resolution mechanisms. Families often intervened to prevent the worst abuses, and women may (and did) divorce because of physical abuse. While women have the right to seek redress for violence in the customary or modern courts, few did so due to ignorance of the legal system, fear of social stigma, or fear of repudiation. Some women's rights organizations reported that prostitution often was the only economic alternative for a woman who left her husband. Several women's rights organizations provided counseling and training to women in this situation and undertook sensitization efforts.

Rape is a crime punishable by 10 to 30 years' imprisonment, depending upon the circumstances and age of the victim; authorities sought to enforce the law. However, in many cases, spousal rape did not lead to prosecution, as victims often sought to resolve the issue within the family, or were pressured to do so. Reliable statistics on its prevalence were not available. The law does not explicitly recognize spousal rape, but appears to cover it in practice. Women's rights NGOs provided counseling and training services to rape victims.

Certain ethnic groups practiced FGM, predominantly the Peul (Fulani) and Zarma in the western region of the country. Approximately 20 percent of women had undergone FGM, usually when they were girls between seven and 10 years of age, according to a 1999 World Health Organization global study. Clitoridectomy was the most common form. FGM is against the law, and those convicted of practicing it and their accomplices face prison sentences ranging from six months to three years. If a victim of FGM dies, the practitioner can be sentenced to 10 to 20 years' imprisonment. There were no statistics available on the number of cases of FGM prosecuted during the year. The government took an active role in combating FGM and worked closely with local NGOs, community leaders, the UN Children's Fund (UNICEF), and other donors to develop and distribute educational materials at government clinics and maternal health centers and participated in information seminars and dissemination of publicity (see section 5, Children).

Prostitution is illegal, but remained prevalent in big cities and near major mining and military sites.

Women and girls were trafficked both internally and from the country to North Africa, the Middle East, and Europe for sexual exploitation (see section 5, Trafficking).

Sexual harassment is a crime punishable by prison sentences from three to six months and fines from $20 to $200 (10,000 to 100,000 CFA francs). If the violator is in a position of authority, the prison sentence is from three months to one year, and the fine is increased to $40 to $400 (20,000 to 200,000 CFA francs). No statistics were available on the number of arrests or prosecutions.

Despite the constitution's provisions for women's rights, deep seated traditional and religious beliefs resulted in discrimination in education, employment, and property rights. Discrimination was worse in rural areas, where women helped with subsistence farming and did most of the childrearing, water and wood gathering, and other work. Despite constituting 47 percent of the formal sector work force, only 26 percent of civil service workers and 22 percent of professionals were female. Women do not have the same rights as men under family law. The country still lacks a modern family code. Family law and laws governing inheritance still derive largely from Islamic traditional practice. In matters of inheritance, this dictated that, in the absence of a formal will stating otherwise, women received only one-third of a deceased parent's property, while male siblings received two-thirds. However, women enjoyed the same rights as men with respect to property ownership.

Legal rights as heads of household applied only to men; divorced or widowed women, even with children, were not considered to be heads of households. In the east there were reports that some women were cloistered and could leave their homes only if escorted by a male relative and usually only after dark.

National service, which lasted from 18 months to two years, was mandatory for all young men and women who completed university studies or professional training. Men were allowed to serve in the military as part of their national service obligation; however, although women were allowed to serve in the military, they could meet their national service obligation only by serving as teachers, health service workers, or technical specialists.

Children

The constitution and law require that the government promote children's welfare; however, financial resources for this purpose were extremely limited. In principle education was compulsory, free, and universal for a minimum period of six years, although for a variety of reasons only a fraction of children attended school. The government's draft poverty reduction strategy paper, released in December, estimated that the gross national primary school enrollment rate was 52 percent during the year, while the net primary school enrollment rate was 41 percent; 60 percent of those who finished primary school were boys. Most young girls were kept at home to work and were married at a young age, rarely attending school for more than a few years. This resulted in estimated literacy rates of 15 percent for girls and 42.9 percent for boys, according to a 2006 UN Development Program report. Literacy rates, particularly for girls, were even lower in rural areas.

FGM was performed on young girls in certain ethnic groups (see section 5, Women).

Underage marriage was a problem, especially in rural areas and in traditional communities. Some families entered into marriage agreements under which young girls from rural areas were sent by the age of 10 or 12 and sometimes younger to join their husband's family under the tutelage of their mother in law. Since 2005 the Ministry of Women's Promotion and Child Protection cooperated with women's associations to sensitize rural communities and their traditional chiefs and religious leaders to the problem of underage marriage. In November the ministry and women's NGOs organized a three-week program of country-wide town hall meetings and educational caravans to address issues including child marriage, FGM, HIV/AIDS, and domestic violence.

On June 3, the National Assembly rejected a bill (42-31 with heavy absenteeism and four abstentions) for the ratification of the Additional Protocol to the African Human and People's Rights Charter relating to Women's Rights in Africa. The measure's principal effect on family law would have been to raise the legal marriage age to 18. Under existing law, a girl deemed to be "sufficiently mature" can marry as young as 15.

Trafficking and commercial sexual exploitation of children were problems (see section 5, Trafficking). Child labor also was a problem (see section 6.d.).

Infanticide occurred, and 80 percent of the female prison population had been charged with the crime. According to the Ministry of Justice, infanticide resulted from severe economic conditions.

There were many displaced children, mostly boys, begging on the streets of the larger cities. Most of these boys came from rural areas and were indentured to Koranic schools by their parents due to economic hardship (see section 5, Trafficking).

Trafficking in Persons

The law does not specifically prohibit trafficking in persons (TIP), and persons were trafficked to, from, and within the country. Traffickers could be prosecuted under a 2004 revision of the penal code that criminalizes slavery and other forms of coerced labor; sentences for conviction ranged from 10 to 30 years' imprisonment. No reliable statistics were available on the extent of trafficking.

The ministries of justice, interior, and the promotion of women and protection of children shared responsibility for combating trafficking in persons. The National Commission for the Coordination of the Fight Against Trafficking in Persons existed on paper but had no budget. During the year 38 child victims of TIP were rescued and rehabilitated as part of a cooperative effort between UNICEF, a local NGO partner, and the police and court systems in the city of Agadez. Nine traffickers were arrested in connection with these cases. Of these, three were released without charge, while six were arrested and charged with the abduction of minors. Of the six traffickers charged, four were released when the Agadez Regional Court found no grounds for prosecution. Two remained in custody awaiting trial at year's end.

There were no international investigations and no requests for extradition of persons made to the government during the year.

In 2005 the government and eight neighboring countries signed a multilateral cooperation agreement to combat child trafficking. Signatories agreed to prosecute and punish traffickers, develop antitrafficking legislation, share information on victims and traffickers with international authorities, and develop partnerships with civil society groups and NGOs to combat child trafficking.

The country was a transit point for persons trafficked between Nigeria, Benin, Togo, Ghana, Burkina Faso, and Mali; final destinations also included North African and European countries. The country was a destination for a small number of trafficked persons, and a source of persons trafficked to North Africa, Europe, and the Middle East for domestic servitude and sexual exploitation. Internal trafficking also occurred, and there was credible anecdotal evidence that clandestine networks victimized young girls who worked as household helpers.

A 2005 NGO survey found that 5.8 percent of households interviewed claimed that at least one member of their household had been a victim of trafficking. Internal trafficking of young boys for labor and young girls for work as maids and in some cases for prostitution from rural to urban areas occurred. There were credible reports of underage girls being forced or falsely enticed into prostitution, sometimes with the complicity of the family. There also were reports that child prostitution was especially prevalent along the main East West highway, particularly between the cities of Birni n'Konni and Zinder. Child prostitution is not criminalized specifically, and there was no precise age of consent; however, the law prohibits "indecent" acts toward minors. It is left to a judge to determine what constitutes an indecent act. Such activity and a corollary statute against "the incitement of minors to wrongdoing" were punishable by three to five years in prison.

There also was internal trafficking that included the indenturing of boys to Koranic teachers. As a result of economic hardship, some rural parents sent their sons to learn the Koran in the cities where, in return for their education, the boys supported their teachers by begging on the streets or doing manual labor.

Trafficking in persons generally was conducted by small operators who falsely promised well paid employment in the country. Victims from neighboring countries were escorted through immigration formalities and found that their employment options were restricted to poorly paid domestic work or prostitution. Victims had to use a substantial portion of their small income to reimburse the persons who brought them to the country for the cost of the trip and to provide the traffickers' profit. Compliance was enforced by "contracts" that were signed by illiterate victims before they departed their countries of origin; traffickers also seized victims' travel documents.

The government provided some services for trafficking victims, including basic health care and assistance in returning to their home villages. The regional government of Agadez established a "welcome committee" to assist illegal immigrants expelled from Libya to return to their countries or regions of origin. During the year the committee, which consisted of police and local administrative officials, provided approximately 450 such persons with basic accommodations, food, and assistance in finding transportation home. While no reliable statistics on these persons were available, many may well have been victims of human trafficking. The government also supported the efforts of NGOs and international organizations in providing food, temporary shelter, and primary health care to victims of trafficking.

During the year the government undertook several initiatives to prevent trafficking. The government continued to sponsor public outreach sessions on trafficking and child abuse, while local authorities assisted UNICEF and a local NGO partner to identify and rehabilitate child victims of TIP in the Agadez region. Local police and prosecutors arrested and prosecuted traffickers identified by the project, and ensured that rescued victims were handed over to a local NGO for rehabilitation. The government also worked with the Nigerian embassy to ensure that consular access was provided to Nigerian TIP victims present in Niger. During the year media coverage of trafficking increased, largely because of the activities undertaken by the Agadez project. Coverage of trafficker arrests and victim rehabilitation efforts stemming from this activity appeared in private and government-affiliated newspapers and on the radio.

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical and mental disabilities in employment, education, and access to health care and other state services, and the government generally enforced these provisions. The law mandates that the state provide for persons with disabilities, but implementing regulations to mandate accessibility to buildings, transportation, and education for those with special needs had not been promulgated or legislated. Limited government health care benefits were available to persons with disabilities, and NGOs provided many services and programs. Societal discrimination existed against persons with disabilities, particularly mental disabilities and leprosy. The Ministry of Population and Social Welfare was responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

The Hausa and Djerma ethnic groups made up approximately 56 percent and 22 percent, respectively, of the population. These two groups also dominated government and business, and many believed that nepotism existed along ethnic lines.

Other Societal Abuses and Discrimination

There were no reports of violence against homosexuals; however, social discrimination was routinely practiced. Most homosexuals hid their sexual preference to avoid this. The government took no action on discrimination against homosexuals.

There were strong government efforts to discourage discrimination against persons with HIV/AIDS. Prime time radio and television skits were aired several times daily beginning in October to sensitize families of persons with HIV/AIDS and the population at large to care for such persons. The announcements emphasized that persons with HIV/AIDS constituted no threat and that they needed support and understanding. They also stressed the availability of free drugs. However, societal discrimination against such persons continued.

Section 6 Worker Rights

a. The Right of Association

The constitution and law recognize workers' right to establish and join trade unions without previous authorization or excessive requirements, and workers exercised this right. However, more than 85 percent of the workforce was employed in the nonunionized subsistence agricultural and small trading sectors.

On February 2, the regional court of Niamey ordered the national power company to reinstate labor union activist Diamyo Elhadji Yacouba, who had been dismissed in 2004 for attempting to organize an alternative union within the company; Diamyo resumed his employment.

b. The Right to Organize and Bargain Collectively

The law allows unions to conduct their activities without interference, and unions exercised their right to bargain collectively for wages above the legal minimum and for more favorable work conditions. Collective bargaining also existed in the public sector.

There are no export processing zones.

The law provides for the right to strike, except by police and other security forces, and workers exercised this right.

c. Prohibition of Forced or Compulsory Labor

The labor code prohibits forced or compulsory labor, except for legally convicted prisoners, and prohibits slavery; however, it does not specifically prohibit forced or compulsory labor by children, and slavery occurred. A traditional form of caste-based servitude was still practiced by the Tuareg, Djerma, and Arab ethnic minorities, particularly in remote northern and western regions and along the border with Nigeria.

Persons born into a traditionally subordinate caste worked without pay for those above them in the traditional social structure. At least 43,000 persons worked under such conditions, according to a study conducted in 2003 by the NGO Anti-Slavery International (ASI) and the local NGO Timidria, which surveyed 11,000 persons, mostly born into servitude. According to the report, people were born into slavery, and were forced to work without pay for their masters throughout their lives, primarily herding cattle, working on farmland, or as domestic servants. Children become the property of their masters and can be passed from one slave owner to another as gifts or as part of a dowry. Girls are forced to start work as domestic servants at a very young age. Girls may be sexually abused by men in the household or forced to marry at a young age.

Since the government publicly banned keeping slaves in 2003, some former slaves have been liberated and given certificates to show that they are now free. Individuals had the legal right to change their situations, and it was illegal for their masters to retain them; however, in practice, most victims of slavery did not act on their rights. Fear and physical or social coercion likely played roles, although a lack of viable economic alternatives for freed slaves was also a factor.

During the year Timidria used the 2003 law to initiate a case against a slave master, who was convicted and sentenced to prison. The slave was freed, and the slave owner also was obliged to pay $2,800 (1.5 million CFA francs) to the NGO and the victim.

On July 27, in the case of Timidria and Haoulata Ibrahim (plaintiffs/victim) vs. Seidimou Hiyar (defendant), the tribunal of Abalak convicted Seidimou Hiyar of enslavement and sentenced him to five years in prison and a fine of approximately $1,000 (500,000 CFA francs). Hiyar appealed the judgment and his appeal was pending at year's end.

Three other cases were also under investigation at year's end: Timidria, Assibit Wanagoda, and Ilguimate Anakoye (plaintiffs) vs. Tafane Abouzeidi (defendant) was pending before the Abalak tribunal; Timidria and Maimouna Miko (plaintiffs) vs. Djamila Attawel, Attahirou Attawel, and Ali Mamoudou (defendants) was pending before the Konni tribunal; and Boudal Bologi (plaintiff) vs. Azarori chief (defendant) was pending before the Madaoua tribunal.

In January the minister of culture acknowledged on television the existence of slavery, although on many prior occasions the government had denied the problem.

On November 15, the government announced the creation of a joint working group on traditional slavery. The working group consisted of officials from the Ministry of Labor, the ILO, local antislavery activists and NGOs, labor unions, and traditional chiefs. The minister of labor announced the government's support for this initiative. The group planned to focus its initial efforts on sensitizing former slaves and masters.

The labor code does not specifically prohibit forced or compulsory labor by children, and there were credible reports of forced child labor by underage girls and boys; girls were forced into prostitution and domestic service, and boys worked in mines, quarries, and rice fields (see sections 5 and 6.d.).

d. Prohibition of Child Labor and Minimum Age for Employment

Although the law permits child labor in nonindustrial enterprises under certain conditions, the law prohibits child labor in industrial work. The government effectively enforced the law in the industrial sector. However, child labor was a problem.

Children under the age of 14 must obtain special authorization to work in the nonindustrial sector, and those 14 to 18 years of age are limited to a maximum of four and one-half hours per day and certain types of employment so schooling may continue, although most children by that age were no longer in school. Children under 12 are prohibited from working. The law requires employers to ensure minimum sanitary working conditions for children. Inspectors of the Ministry of Labor are responsible for enforcing child labor laws; however, resource constraints limited their ability to do so.

Children worked in the unregulated agricultural, commercial, and artisanal sectors, and youths, some of them foreign, were hired in homes as general helpers for very low pay. The majority of rural children regularly worked with their families from a very early age helping in the fields, pounding grain, tending animals, gathering firewood and water, and doing similar tasks. Some children were kept out of school to guide a blind relative on begging rounds. Others were indentured to Koranic teachers to beg in the streets and for manual labor (see section 5). Child labor also occurred in the largely unregulated gold mining sector, and also in trona (a mineral used as a source of sodium compounds), salt, and gypsum mines. In 2000 the ILO estimated that 57 percent of workers in the country's small quarries were children, some 250,000 in total. Children working in gold mines were particularly vulnerable to poor ventilation, collapse hazards, and insufficient lighting; they also were susceptible to alcohol and substance abuse.

Trafficking in children, prostitution of children as young as 10, child drug trafficking, forced child labor, and involvement of children in traditional caste-based servitude or slavery occurred (see sections 5 and 6.c.).

The Ministry of Labor, which is responsible for implementing ILO Convention 182 on the Worst Forms of Child Labor, and for enforcing other child labor laws and policies, continued working with UNICEF and the ILO's International Program on the Elimination of Child Labor to determine the extent of child labor. A survey conducted in 2001 by UNICEF and the government indicated that approximately 70 percent of children between the ages of 5 and 14 were economically active; 61 percent of children between the ages of five and nine and 83 percent of children aged 10 to 14 worked; 40 percent of child workers were not paid; 70 percent of children did household work for four or fewer hours per day, while 17 percent worked for more than four hours per day.

The Ministry of Labor and the Ministry of Basic Education and Literacy collaborated with international NGOs to remove children from exploitative work situations, encourage school attendance, and continue to provide vocational training for 702 at-risk children and former child laborers. During the year one such joint program directly affected 2,143 children, and created indirect benefits for 24,000 others in the form of investments in local schools. During the year the project also succeeded in withdrawing 160 children from mining sites. The government also worked with international partners to provide economically relevant education as an inducement to parents to keep their children in school. The Ministry of Basic Education conducted training sessions to help educators meet the special needs of child laborers. In 2005 the government also created a special child labor division within the Ministry of Labor to coordinate government initiatives in the area.

e. Acceptable Conditions of Work

The labor code establishes a minimum wage only for salaried workers in the formal sector with fixed (contractual) terms of employment. Minimum wages are set for each class and category within the formal sector; however, minimum wages did not provide a decent standard of living for workers and their families. The lowest minimum wage was $40 (20,000 CFA francs) per month, with an additional $2 (1,000 CFA francs) added per month per child. Most households had multiple earners (largely in informal commerce and in subsistence agriculture) and relied on the extended family for support.

The formal sector legal workweek was 40 hours with a minimum of one 24 hour rest period; however, for certain occupations, such as private security guards, the Ministry of Labor authorized longer workweeks of up to 72 hours. There were no reports of violations during the year. Premium pay must be paid for overtime, although the rate is not set by law; employees of each enterprise or government agency negotiate with their employer to set the rate. These formal sector standards were effectively enforced.

The labor code establishes occupational safety and health standards. The Ministry of Labor is charged with enforcing these standards, although due to staff shortages inspectors focused on safety violations only in the most dangerous industries: mining, building, and manufacturing. The standards were effectively enforced within those three industries, except that gold mining was largely unregulated. Although generally satisfied with the safety equipment provided by employers, citing in particular adequate protection from radiation in the uranium mines, union workers in many cases were not well informed of the risks posed by their jobs. Workers have the right to remove themselves from hazardous conditions without fear of losing their jobs. It is not known whether authorities effectively enforced this right; no known instances of this occurred.

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U.S. Department of State USA.gov U.S. Department of State Updates | Frequent Questions | Contact Us | Email this Page | Subject Index | Search The Office of Electronic Information, Bureau of Public Affairs, manages this site as a portal for information from the U.S. State Department. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. About state.gov | Privacy Notice | FOIA | Copyright Information | Other U.S. Government Information http://www.state.gov/g/drl/rls/hrrpt/2006/78750.htm T L Miles (talk) 04:53, 2 February 2008 (UTC)

[edit] Repubics of Niger work

http://www.africa.upenn.edu/Newsletters/irinw052599.html http://web.archive.org/web/20000823151743/http://www.delgi.ne/presidence/proclamation.html Proclamation des Forces Armées Nigériennes (Niger Government, via Internet Wayback Machine) archived April 2001; suspended the constitution; revised by national referendum on 12 May 1996

http://www.loc.gov/law/help/guide/nations/niger.html http://news.bbc.co.uk/2/hi/africa/1054274.stm http://democratie.francophonie.org/article.php3?id_article=283&id_rubrique=93

http://www.nationsencyclopedia.com/Africa/Niger-GOVERNMENT.html

Constitution of the Third Republic, December 26, 1992. [Excerpts].

   This document contains major provisions of the 1992 Constitution of Niger. Among the human rights guaranteed by articles 11-36 of the Constitution are equality without regard to sex or social, racial, ethnic, or religious background and the right to life, health, liberty, security, physical well-being, education, and instruction. Marriage and the family are considered the basis of human community and are protected by the state, which also extends its protection to minors, the elderly, and handicapped persons.

Executive Recruitment: Transitional Elections (7)

Niger remained under the yoke of varying authoritarian and military governments from independence until growing popular discontent induced Gen. Ali Saibou to lift the ban on political parties in 1990 and convene a constitutional convention in 1991. The convention stripped Saibou of power and set up a transitional government. Following a brief period of instability, a new constitution was crafted in 1992 and legislative and presidential elections were held in March and April 1993. Mahamane Ousmane was elected president, while his party, the Democratic and Social Convention-Rahama, gained a strong presence in the legislature and formed a coalition against the military-backed National Movement for the Development of Society (MNSD). On 27 January 1996, Lt. Col. Ibrahim Barre Mainassara ousted the elected government in a military coup. Mainassara was assassinated by members of his presidential guard on 9 April 1999. Maj. Daouda Malam Wanke, the head of the presidential guard, was named chairman of the National Reconciliation Council (CRN); the CRN quickly announced its intention to promulgate a new constitution and institute a return to civilian rule. A new constitution designed to spread power among the president, prime minister, and legislature was approved by referendum despite an extremely low voter turnout in July 1999. Retired Gen. Mamadou Tandja (MNSD) won the November 1999 runoff election (56.6%) out of an original field of seven candidates. The elections were considered generally fair by observers. President Tandja won a second term in two rounds of balloting held in November and December 2004; the elections were considered by international observers to have been free and fair. Tandja is the first president of Niger to have survived an entire term in office; Niger's three previous rulers were either ousted in coups or assassinated.

Executive Constraints: Substantial Limitations (5)

The nature and effectiveness of executive constraints in Niger remain unclear. The 1999 constitution calls for an equal distribution of power among president, prime minister, and legislature but the constitution itself was designed by a military caretaker government and received little popular support in the July 1999 referendum. The newly elected president and the majority party in parliament (MNSD) enjoy the backing of the military, an essential quality for succeeding in Niger politics; the ruling coalition government enjoys a sizable majority in parliament. Political parties other than the MNSD are weak and fluid, rising and falling on political personalities. The constitution provides for an independent judiciary but it remains unclear whether it has the expertise, resources, and will to act independently in practice.

Political Participation: Gradual Transition from Un-institutionalized Competition (5)

Politics in Niger have long been dominated by the military and characterized by competition between its two largest ethnic groups: Hausa (56%) and Djerma (22%). Popular participation in party politics was traditionally suppressed by the succession of military rulers; opposition parties were allowed to form briefly in the early 1990s before being banned once again until the most recent liberalization began in 1996. Still parties remain weak and un-institutionalized and general electoral participation remains very low (voter turnout for the 1999 constitutional referendum and general elections were less than 30% of eligible voters). The government banned several Islamic parties following disturbances in November 2000. Widespread student unrest in the capital was reported in February 2001. On 30 July 2002, a mutiny by army soldiers in Diffa spread to other barracks including one in the capital. The mutinous barracks were overpowered by loyal troops and calm was restored by 5 August 2002. As a result of the mutiny, 4 officers and 270 soldiers were arrested. The Tuareg minority has engaged in sporadic fighting to defend its regional autonomy.

http://www.presidence.ne/PagesHtm/HistGouv.htm

Dans le but d’informer le public sur les différents gouvernements qui se sont succédé au Niger, nous avons tenu d’élaborer ce document qui comporte la liste exhaustive de tous les Présidents, Premiers Ministres et Secrétaires d’Etat pour la période allant de 1957 à 2004. Ce document est le fruit d’une recherche que nous avons faite à travers plusieurs canaux d’information. Ainsi l’on remarquera dans ce document que les membres du Premier Conseil de Gouvernement du Territoire du Niger furent désignés par arrêté n° 002/SPCG du 24 mai 1957, portant attribution des portefeuilles ministériels du Territoire du Niger. Cet arrêté n’est pas paru au Journal Officiel, mais les titulaires des portefeuilles ministériels sont présentés In: l’Afrique Occidentale Française de 1944 à 1960/ De Benoist Joseph-Roger.- Les Nouvelles Editions Africaines, Dakar : 1982.- P 556-557.- Information reprise in : Histoire du Niger/ André Salifou.- Editions Nathan, Paris : 1989.- P. 292. Aussi l’on peut constater la limitation des portefeuilles ministériels à 10 lors de la composition du premier gouvernement (1957) avec seulement un seul ministère de souveraineté (ministère des finances) occupé par un nigérien.

 NIGER
     Institutional Situation

http://www.etat.sciencespobordeaux.fr/_anglais/institutionnel/niger.html

             Democratic Process
         Political Institutions
         Legal System
         Decentralisation, devolution     Political Parties

Trade Unions Human Rights Media

 This section has been updated by Mr Boubacar Issa Abdourhamane,

a doctorate student at the CEAN, IEP – Montesquieu University of Bordeaux Democratic Process

Niger was governed from 1960 to 1974 by the civilian regime of Diori Hamani (First Republic), from 1974 to 1987 by the military regime of General Seyni Kountché and from 1987 to 1991 by the military and then single-party regime (Second Republic) of General Ali Saïbou. Like many other African countries, Niger set out on the road to political change in 1990 in a time of crises of many kinds. The serious economic crisis that had started in 1982 with the drop in the price of uranium, the country’s main export, obliged the authorities to sign a structural adjustment programme with the institutions of Bretton Woods. The austerity measures triggered strikes and demonstrations led by the workers’ and students’ unions. Their demands were initially material in nature, but took on a political aspect in the face of the monopoly of the single party created in 1989, the National Movement for the Development Society (Mouvement National pour la Société de Développement – MNSD). At the same time, there was a growing Tuareg rebellion demanding autonomy for the northern part of the country. These different movements forced the government to accept multipartyism and the organisation of a sovereign National Conference. This conference was held from 29 July to 3 November 1991 in Niamey. It set up a transition government under the leadership of Amadou Cheiffou and a legislative body, the High Council of the Republic (Haut Conseil de la République – HCR) led by Professor André Salifou. A Constitution of the semi-presidential type was adopted by referendum on 26 December 1992, thus creating the Third Republic. The general elections of February 1993 were won by the Alliance of the Forces for Change (Alliance des Forces du Changement – AFC). In March 1993, Mahamane Ousmane, the candidate of the Democratic and Social Convention (Convention Démocrate et Sociale –CDS) won the presidential election thanks to this coalition, which was opposed to the former single party. Mahamadou Assoufou of the Niger Party for Democracy and Socialism (Parti Nigérien pour la Démocratie et le Socialisme – PNDS) became Prime Minister. Disagreements between coalition members were to lead to his resignation, however, and to a change of alliance: the PNDS joined the MNSD in the opposition. President Ousmane dissolved the National Assembly and held early general elections in January 1996. They were won by the opposition, and the appointment of Hama Amadou, the General Secretary of the MNSD, to the post of Prime Minister saw the beginning of the cohabitation between the two sides in power. This brought about a period of paralysis of the country’s administration and institutions, due to the differences of opinion between the two branches of the executive regarding their fields of competence, especially when it came to arguing over the right to appoint high-ranking civil servants. Despite various attempts at mediation, the political atmosphere remained tense. It was in this situation that the Council for National Salvation (Conseil de Salut National – CSN) took power. Composed of twelve members led by the Chief of Staff of the army, Colonel Ibrahim Maïnasara Baré, the CSN suspended the Constitution and the activities of political parties. Under pressure from outside partners, the military promised to return to their barracks and restore democracy rapidly. On 12 May 1996, a new Constitution of the presidential type was adopted by referendum with the almost unanimous support of the political class. The head of the junta, now a general, stood for the presidential election of 7 and 8 July 1996. He won in the first round with 52.22% of the votes under conditions of organised fraud characterised by the dissolution of the Independent National Electoral Commission (Commission Electorale Nationale Indépendante – CENI) and the placing of opposition leaders under house arrest. The opposition boycotted the general election of 23 November 1996 and the President’s movement won all 83 seats in the National Assembly. The opposition was grouped together into two coalition movements: the Front for the Restoration and Defence of Democracy (Front pour la restauration et la défense de la démocratie – FRDD) including those who took part in the period of cohabitation, and the Alliance of democratic and Social Forces (Alliance des Forces Démocratiques et Sociales – AFDS) composed of former allies of the government. The opposition won the local elections of 7 February 1999, but the disturbances caused during counting of the votes by supporters of the government, the impunity of those responsible for these acts and the cancellation of a large part of the election by the Supreme Court triggered another political crisis. The opposition proclaimed a campaign of civil disobedience and demanded the resignation of the Chief of State, whose relations with the army deteriorated. On 9 April, General Ibrahim Maïnassara Baré was assassinated by members of his personal guard led by Daouda Mallam Wanké, who became the head of the Council for National Reconciliation (Conseil de reconciliation nationale – CRN) composed of fourteen officers. A government of national union was formed for the transition period that was to lead to the creation of a new Constitution and the organisation of presidential and general elections. The constitutional referendum organised on 18 July 1999 resulted in a semi-presidential type Constitution being adopted. The two rounds of the presidential elections were held on 17 and 24 November 1999. Although Tanja Mamadou of the National Movement for the Development Society (Mouvement National pour la Société de Développement – MNSD), the former single party, did come first with 32.3% of the votes, there was no absolute majority and he had to stand in the second round against Mahamadou Issoufou of the Nigerian Party for Democracy and Socialism (Parti nigérien pour la démocratie et le Socialisme – PNDS), who got 22.8%. It was to be up to the first round supporters of mahamane Ousmane, the former President of the 3rd Republic (22.5%), Hamid Algabit of the RDP, close to the assassinated President (10.9%), Moumouni Djermakoye Adamou of the ANDP (7.7%), André Salifou of the UPDP (2.1%) and Amadou Djibo Ali of the UNI (1.7%) to decide which of the two was to win. After the second round, Tanja Mamadou was elected with 59.9% of the votes against 40.1% for Mahamadou Issoufou. The general elections for the 83 seats in parliament were held on 24 November 1999 and produced the following results: 38 seats for the MNSD, 17 for the CDS, 16 for the PNDS, 8 for the RDP and 4 for the ANDP. The leader of the CDS, Mahamane Ousmane, was elected head of the National Assembly.

On 31 December 1999, Hama Amadou was appointed Prime Minister by the President in accordance with the proposal of the parliamentary majority, composed of members of the assembly of the MNSD (38) and the CDS (17). The end of the electoral process of 1999 enabled Niger to return to the democracy that had been interrupted by the military (1996-1999). However, the opposition grouped together in a coalition called the Coordination of Democratic Forces (CFD) and led by the Nigerian Party for Democracy and Socialism (PNDS) has criticised the way in which is excluded by the new government. In January, it proposed a vote of no confidence against the government led by Hama Amadou for “bad management”. This motion was defeated by the MNSD-CDS parliamentary majority, which holds 55 of the 83 seats.

Political Institutions

The new Constitution of Niger has created a semi-presidential regime. The President is elected in a two-round election for a term of office of five years which can be renewed once. He embodies national unity and is above the political parties. He appoints the Prime Minister from a list of three personalities nominated by the parliamentary majority. On proposal of the Prime Minister, he appoints the other members of the government. The President of the Republic may pronounce the dissolution of the National Assembly. The parliament of Niger is composed of a single chamber known as the National Assembly. There are 83 seats and the members are elected for 5 years, 75 from a list and 8 as single candidates. The National Assembly votes laws. The government is responsible to the Assembly which may pass a vote of no confidence. The Constitution established a Constitutional Court charged with the role of deciding whether laws and electoral disputes are constitutionally valid. It is made up of seven members of at least forty years of age: two personalities with long professional experience, one of whom is appointed by the Bureau of the National Assembly and one by the President of the Republic, two magistrates elected by their peers and one lawyer elected by his peers, a Teacher of the Law faculty with at least a doctorate in public law and elected by his peers, a representative of the Human Rights associations recognised for his knowledge of public law. The members of the Constitutional Court are appointed for six years by presidential decree. Their term may not be renewed. One third of the members of the Constitutional Court are replaced every two years. In November 2000, the National Assembly installed a High Court of Justice with the power to judge the Chief of State in case of high treason. It is also competent to judge members of the government. It is composed of 7 judges and 3 deputies.

Judicial System

The independence of the legal system is established in the Constitution of 18 July 1999. The High Magistrate’s Council supposed to guarantee the independence of judges is presided over by the President of the Republic. Not only this, but the political authorities are not bound to follow its opinions in matters of appointment or promotion of judges. The Supreme Court is the highest legal authority of the State in matters of administration, legal affairs or State accounts. It is composed of three chambers: judicial, administrative and accounts and budget discipline. The Niger legal system allows for the joint existence of modern and traditional law. Those accused are allowed, in certain matters, to choose the law that will be applicable to them (Article 51 of Law n° 62-11 of 16 March 1962 organising the jurisdictions of Niger). This law established a system of the double jurisdictional degree. So judgements tendered by the Tribunals of First Instance may be subject to appeal before the Appeal Courts of Niamey or Zinder. The Tribunals of First Instance or Regional Courts are judges in all matters of common law. They deal with all administrative disputes except appeals for abuse of power.

Decentralisation and Devolution

A real decentralisation movement was only started at the beginning of the 1990’s with the National Conference and the settlement of the Tuareg problem. Until then, administrative organisation had been based on law n° 64-023 of 17 July 1964. The territorial division of the country was composed of departments, arrondissements, administrative posts and communes which were all merely administrative areas. These entities were therefore only devolved, since they were administered by representatives appointed by the State. The works of the High Commission on Administrative Reform and Decentralisation and of the Special Commission that was appointed to work on the territorial division of the country led to the adoption of two decentralisation laws: Law 96-05 of 6 February 1996, creating administrative zones and local authorities, and law 96-06 of 6 February 1996, establishing the fundamental principles of the free administration of the regions, departments and communes as well as their fields of competence and their financial resources. Competitive local elections were held on 7 February 1999. They were to be the first official step on the way to establishing the local authorities, for the government opted for a gradual implementation of the new territorial division. However, they were cancelled after the coup d’état of 9 April 1999, although the principle of decentralisation itself was not called into question. It also constitutes one of the conditions of an agreement signed with the Tuaregs in 1995. The preparation of the next local elections is underway but no date has been fixed as yet.

Political Parties

The official acceptance of a multiparty system dates back to 15 November 1990 in response to the many political protests. Niger has about thirty political parties of variable importance and longevity. The main parties are: the Nigerien Alliance for Democracy and Progress (ANDP-ZAMAN LAHIYA) with 4 seats in parliament, the Alliance for Democracy and Progress (ADP-ZUMUNCI), the Democratic and Social Convention (CDS-RAHAMA) with 17 seats, DARAJA, the National Movement for the Development Society (MNSD-NASSARA) with 38 seats in parliaments, the Patriotic Movement for Solidarity and Progress (MPSP-ANOURA), the Movement for Development and pan-Africanism (MDP-ALKAWALI), the Revolutionary Organisation for the New Democracy (ORDN-TARMAMOUA), the Party of the Masses for Work (PMT-ALBARKA), the Nigerien Party for Self-Management (PNA-AL’OUMA), the Nigerien Party for Democracy and Socialism (PNDS-TARAYYA) with 16 seats in parliament, the Nigerien Party for Socialism (PNS-IMANI), the Party for National Union and Democracy (PUND-SALAMA), the Nigerien Progress Party (PPN-RDA), the Nigerien Social Democratic Party (PSDN-AIHERI), the Rally for Democracy and Progress (RDP-JAMA’A) with 8 seats in parliament, the Rally for a Green Sahel (RSV-NI’IMA), the Union of Popular Forces for Democracy and Progress (UDFPP-SAWABA), the Union of Independent Nigeriens (UNI), the Union of Democratic and progressive Patriots (UPDP-CHAMOUA), the Union for Democracy and the Republic (UDR-TABBAT), the Union for Democracy and Progress (UDP-AMINTCHI) and the Union for Democracy and Social Progress (UDPS-AMANA).

Trades Unions

The Nigerien union movement has been in the process of restructuring itself for several years. Although the Confederation of Unions of the Workers of Niger (USTN), an organisation grouping together about thirty professional unions including that of the teachers (SNEN), long held a monopoly on the representation of the workers, this is no longer the case today. With the creation of several other confederations, such as the Nigerien Workers’ Confederation (CNT) in 1997 and the Democratic Confederation of the Workers of Niger (CDTN) in January 2001, the union landscape has become more diversified. The birth of this third organisation is also perceived as being the sign of the failure of the USTN to defend workers’ interests. In the 1990s the USTN and the Schools Union (USN) were the driving force behind demands for democracy. There are also many important sector-based unions, such as in the health, legal or further education sectors.

Human Rights

With the opening up of the political situation, many human rights organisations made their appearance. We will mention the Nigerien Human Rights Association (ANDDH), Democracy, Liberty and Development (DLD) and the Nigerien Human Rights League (LNDH). As well as this, Niger has ratified the universal declaration of human rights of 1948, the African human rights charter (1986), the international pact on civic and political rights (1986) and the international pact on economic, social and cultural rights (1986). The new increase in violations of human rights since the coup d’état of 27 January 1996 came to an end with the return to free, transparent elections. The Nigerien Human Rights Association demanded in 1999 that there should be an enquiry held into the circumstances of the assassination of President Baré, but the Constitution of July 1999 granted an amnesty to those who had committed coups d’état between 1996 and 1999, a fact that is denounced by organisations like Amnesty International as “a victory for impunity”. Other large-scale violations of human rights committed in Boultounghour in the east of the country have also gone without any legal consequences.

Media

Political liberalisation favoured the emergence of a flourishing private press, although professionalism is often below par. Under the Third Republic, press freedom was guaranteed by law and by an independent High Council of Communication (CSC). This legislation was challenged under the Fourth Republic by the voting of the law 97-26 of 18 July 1997 restricting the freedom of investigation and publication of journalists and extending sentences in case of condemnation. The new CSC (law 97-25 of 18 July 1997, suspended and replaced by an observatory during the transition) was incapable of acting freely and could not guarantee fair access to public media. Between 1996 and 1999, the organisation Reporters sans Frontières regularly noted an increase in the number of violations of the rights of journalists to exercise their activities freely by extra-judicial means such as kidnapping, torture and secret detention by police or army. Currently, strategies to stifle the press seem more orientated towards legal means and condemnation of journalists. The private press is diversified. The written press, alongside Le Sahel and Sahel Dimanche the daily and weekly government papers, also counts many publications. The most regular are the weeklies Alternative, Anfani, Démocrate, Républicain and le Citoyen. There are also six private radio stations and one television channel (Anfani FM, R&M, Souda, Ténéré FM, Tambara FM and Radio Saraouniua) and that the airwaves have been opened up to international radios (BBC, RFI, Africa n°1) on the FM band, particularly in Niamey.

   NIGER:

http://www.everyculture.com/Ma-Ni/Niger.html Although French efforts at subjugation began before 1900, dissident ethnic groups, especially the Tuareg, were not conquered until the early twentieth century. The new colony was considered lacking in resources, and no paved roads or railroads were built between 1922 and 1944. No efforts were made to encourage river transportation, and the literacy rate remained among the lowest in Africa. Higher education opportunities were limited. The French constitution of 1946 permitted Niger to elect a representative to the French National Assembly and provided for decentralization Niger Niger of power and limited participation in political life for local advisory assemblies. The law of 23 June 1956 gave Niger's politicians more of a voice in the management of their country by establishing a government council presided over by the governor. In addition to removing voting inequalities, these laws provided for the creation of governmental organs, giving individual territories a high degree of self-government. After the establishment of the Fifth French Republic in 1958, Niger became an autonomous state. Two years later, a new constitution adopted by referendum permitted the creation of a republic (18 December 1958). Independence was proclaimed on 3 August 1960.

http://www.acdis.uiuc.edu/research/OPs/Pederson/html/contents/sect7.html http://www.wsws.org/articles/1999/jul1999/nig-j29.shtml

The 1946 French constitution conferred French citizenship on the inhabitants of the territories, provided for decentralization of power and limited participation in political life for local advisory assemblies. A further revision in the organization of overseas territories began with the passage of the Overseas Reform Act (Loi Cadre) of July 23, 1956, followed by re-organizational measures enacted by the French Parliament early in 1957. On December 4, 1958, after the establishment of the Fifth French Republic, Niger became an autonomous state within the French Community. Following full independence on August 3, 1960, however, membership was allowed to lapse. Hamani Diori, the leader of the Parti Progressiste Nigerien, became Head of State. In 1974 Diori was arrested, and Lt. Col. Seyni Kountche became President. In December 1987 Sabou proclaimed a general amnesty for all political prisoners. In June 1990 the Conseil Superieur d'Orientation Nationale (CSON) announced that the constitution was to be emended to facilitate a transition to political pluralism. The constitution of the Third Republic, which was approved in a national referendum in 1992 and promulgated in 1993, provides for a civilian, multiparty system.

Long before the arrival of French influence and control in the area, Niger was an important economic crossroads, and the empires of Songhai, Mali, Gao, Kanem, and Bornu, as well as a number of Hausa states, claimed control over portions of the area. Niger was a French colony from 1922 until it gained independence on August 3rd, 1960.

Niger’s most recent constitution was adopted on July 18th, 1999. It restored the semi-presidential system of government of the December 1992 constitution in which the president of the republic is elected for a 5-year term. A prime minister is named by the president and shares executive power. As a reflection of Niger’s increasing population, the unicameral legislature was expanded in 2004 to 113 deputies elected for a 5-year term under a majority system of representation. Political parties must attain at least 5% of the vote in order to gain a seat in the legislature.

The constitution also provides for the popular election of municipal and local officials, and the first-ever successful municipal elections took place July 24, 2004. In June 2002 the National Assembly passed a series of decentralization bills. As a first step, administrative powers were distributed among 265 local councils; later on, various regions and departments were established as decentralized entities. A new electoral code was adopted to reflect the decentralization context. The country is currently divided into 8 regions, which are subdivided into 36 districts. The chief administrator of each district, the Governer, is appointed by the government and functions primarily as the local agent of the central authorities.

The current legislature elected in December 2004 contains seven political parties. President Mamadou Tandja was re-elected in December 2004 and reappointed Hama Amadou as Prime Minister. Mahamane Ousmane was re-elected President of Parliament by his peers. The new second term government of the Fifth Republic took office on December 30, 2004.

There was resistance from ethnic groups to this conquest, specially in the north where the revolt of the Tuaregs took place in the Air from 1916 until 1919. All the resistance movements were defeated by the arms superiority of the invaders. In 1900, Niger was turned into a military territory and then became a French colony in 1922. Its first capitol was Zinder (Capital of the Damagaroun region). But in 1927, the Colonial Administration decided to transfer its headquarters to Niamey.

Niger colonial history and development paralleled that of other French West African territories. French West Africa was administrated from Paris through a Governor General in Dakar (Senegal) and Governors in the individual territories of which Niger was one. The French Constitution of 1946, in addition to conferring citizenship on the inhabitants of the territories, provided for a certain decentralization of pcwer and limited participation in political life to local advisory assemblies.

A further revision in the organization of overseas territories began with the passage of the Overseas Reform Act (loi cadre) of July 23rd 1956, which was followed by reorganisational measures voted by the French parliament early in 1957.

In addition to removing remaining voting equalities, these laws provided for the creation of governmental organs assuring a large number of selfgovernment to individual territories.

On December 4th, 1958, after the establishment of the 5th French Republic, Niger became an autonomous Republic within the French community (similar to British Commonwealth). Niger because an independent Republic in August 3rd 1960. According to a Constitution adopted on November 8th, 1960 the Republic had a President and National Assembly elected for five years.

That Constitution was suspended by the Military Government headed by Lt. Col. Seyni Kountche who took power on April 15th, 1974 in a coup against Diori Hamani, President since 1960.

President Seyni Koutche died on November 10th, 1987 at la PitieSalpetriere Hospital in Paris, where he had been admitted for brain tumor treatment.

Colonel Ali Saibou who was previously Chief of Staff of the Armed Forces was elected to run the country.

After a National Conference (July 1991 - October 1 991 ) a new Constitution was drafted which led to a multiparty elections and the election of a New President, H.E. Mahamane Ousmane.

Constitution du 26 décembre 1992

Constitution:

   the constitution of January 1993 was revised by national referendum on 12 May 1996 and again by referendum on 18 July 1999

Legal system:

   based on French civil law system and customary law; has not accepted compulsory ICJ jurisdiction

Suffrage:

   18 years of age; universal

Executive branch:

   chief of state: President Mamadou TANDJA (since 22 December 1999); note - the president is both chief of state and head of government

head of government: President Mamadou TANDJA (since 22 December 1999); note - the president is both chief of state and head of government; Prime Minister Hama AMADOU (since 31 December 1999) was appointed by the president and shares some executive responsibilities with the president cabinet: 23-member Cabinet appointed by the president elections: president elected by popular vote for a five-year term; last held 24 November 1999 (next to be held NA 2004); prime minister appointed by the president election results: Mamadou TANDJA elected president; percent of vote - Mamadou TANDJA 59.9%, Mahamadou ISSOUFOU 40.1% Legislative branch:

   unicameral National Assembly (83 seats, members elected by popular vote for five-year terms)

elections: last held 24 November 1999 (next to be held NA 2004) election results: percent of vote by party - NA%; seats by party - MNSD-Nassara 38, CDS-Rahama 17, PNDS-Tarayya 16, RDP-Jama'a 8, ANDPS-Zaman Lahiya 4

During the drought of 1974, a coup overthrew the government and started a new government ruled by military leader Senyi Kountche. Kountche ruled Niger until his death in 1987, when he was succeeded by Ali Saibou. Saibou promoted a new constitution and released political prisoners who were held since the time of the presidency of Hamani Diouri, who was the first leader of the country and politically corrupt.

The new constitution called for democratic elections that were debated during the term of the transitional government. The new government came to power in 1991 and while the country continued to deteriorate during this time, it did see the adoption of electoral codes and the process of holding free and non-violent elections nationwide. In addition, freedom of the press began to flourish under the new government of Niger.

The third republic of Niger, which held so much promise, was overthrown by military leader Bare Mainassara who drafted a new constitution for the fourth republic of Niger. Bare also organized an election in 1996 at which time he replaced the commission with his own people and was, not so surprisingly, elected to office.

Bare failed to organise economic assistance after the coup that was perceived to be largely unjustified, and turned to Libya, ignoring an embargo, to seek funds to aid the economy of Niger. Freedom of the press was gone and journalists were often imprisoned and deported. People who opposed the new government were also arrested and imprisoned and basic civil liberties were ignored. Independent media offices were burned.

Bare was killed in a coup in 1999 by Major Daouda Malam Wanke, who began the Fifth Republic of Niger. Modeled after French style elections, the voting was found to be free and fair and yet another new constitution of the Fifth Republic of Niger was enacted in 1999. Under this new constitution, the president and prime minister shared power of the state.

 NIGER
     Keys events

1958 (18 December)

Niger becomes an autonomous republic. Diori Hamani is designated as President by the Constituent Assembly.

1960 (3 August)

Independence of Niger.

1965 (30 September)

Re-election of Diori Hamani as President of the Republic. He is the candidate of the single party, the Nigerien Progress Party – Democratic African Rally (PPN-RDA).

1965 (21 October)

Election of 50 members of the PPN-RDA to the National Assembly.

1970 (1 October)

Presidential and general elections. Re-election of Diori Hamani as President.

1974 (15 April)

Military coup d’état. Lieutenant-Colonel Seyni Kountché seizes power. Constitution suspended.

1976 (15 March)

Attempted coup d’état by Commander Bayère Moussa and Captain Sidi Mohammed.

1983 (24 January)

Creation of the post of Prime Minister. Oumarou Mamane appointed.

1983 (May)

Student strike.

1983 (6 October)

Attempted coup d’état by close collaborators of President Kountché.

1983 (14 November)

Ministerial reshuffle. Ahmid Algabid becomes head of the government in which civilians replace the members of the military.

1984 (17 April)

Liberation of ex-President Diori Hamani.

1987 (10 November)

Death of Seyni Kountché. Colonel Ali Saïbou is appointed President of the Supreme Military Council and Chief of the Nigerien State.

1988 (15 July)

Oumarou Mamane appointed Prime Minister.

1988 (2 August)

Creation of a single party, the National Movement for the Development Society (MNSD).

1989 (17 May)

Election of Ali Saïbou as President of the High Council of National Orientation (CSON), the new highest authority in the country.

1989 (24 September)

Adoption of the new Constitution by referendum.

1989 (10 December)

Ali Saïbou elected President of the Republic. Election of the 93 members of the National Assembly, all from the MNSD.

1990 (9 February)

Student demonstration. Repressed severely.

1990 (2 March)

Aliou Mahamidou is appointed Prime Minister.

1990 (May)

Clashes between Tuaregs and the army of Niger.

1990 (11 June)

General strike organised by the Confederation of the Unions of the Workers of Niger (USTN).

1990 (15 November)

Multipartyism introduced.

1991 (29 July-3 Nov.)

National Conference. It suspends the Constitution, elects Prof. André Salifou as the head of the High Council of the Republic, pronounces that Ali Saïbou should be maintained in office and appoints Amadou Cheffou Prime Minister for a transition period (1 November 1991 – 31 January 1993).

1992 (January)

Tuareg rebellion.

1992 (28/29Feb.)

Military mutiny.

1992 (26 December)

New Constitution adopted by referendum.

1993 (14 February)

General elections. 29 seats for the MNSD, fifty for the opposition grouped together into the “Alliance of Forces for Change” (AFC).

1993 (27 March)

Mahamane Ousmane elected President.

1993 (17 April)

Mahamadou Issoufou appointed Prime Minister.

1993 (14 May)

Moumouni Djermakoye elected Speaker of the National Assembly.

1994 (28 September)

Resignation of Moumouni Djermakoye. Replaced by Souley Abdoulaye.

1994 (9 October)

Peace agreement between the government and the Tuareg rebels.

1995 (12 January)

General elections.

1995 (7 February)

Amadou Cissé appointed Prime Minister.

1995 (21 February)

Amadou Cissé replaced by Hama Amadou.

1995 (24 April)

Signature of a peace agreement between the government and Tuareg rebels.

1996 (27 January)

Military coup d’état. General Barré Maïnassara seizes power. Presides over the Council for national salvation (CSN). Parliament dissolved, political parties suspended.

1996 (31 January)

Boukary Adji appointed Prime Minister. Forms a government entirely composed of civilians.

1996 (12 May)

Adoption of a new Constitution after a referendum (turnout of 30%).

1996 (20 May)

Ban on political parties lifted.

1996 (7 July)

General Maïnassara elected in the first round of the presidential election with 52.22% of the votes.

1996 (23 August)

Ministerial reshuffle: 11 people enter the government. The opposition is represented.

1996 (23 November)

General elections won by the movement of the President (69 seats out of 83). Elections boycotted by the opposition.

1996 (12 December)

Council of National Salvation Dissolved.

1997 (6 January)

Organisation of Armed Resistance (ORA), the largest of the dissident Tuareg fronts, agrees to join in the peace process again.

1997 (11 January)

First united demonstration by the opposition grouped together in the Front for the Restoration and Defence of Democracy.

1997 (Jan.-May)

Negotiations between government and opposition grind to a halt.

1997 (6 June)

Peace agreement signed with the rebel movement the Revolutionary Armed Forces of the Sahara (FARS) under the aegis of the President of Chad, Idriss Déby.

1997 (August)

First recruitments of ex-Tuareg rebels in the army.

1997 (28 November)

Peace agreement signed in Algiers between the Nigerien government and rebels of the UFRA and FARS.

1998 (February)

Mutinies and strikes to demand payment of arrears on salaries.

1998 (23 March)

Vote by the National Assembly of an amnesty for Tuareg and Toubou rebels.

1998 (22 April)

The IMF approves the structural adjustment programme.

1998 (5 June)

The members of the UFRA give up their arms in application of the treaty of 24 April 1995.

1999 (9 April)

Assassination of President Ibrahim Baré Maïnassara by his personal guard. The National Assembly is dissolved by the Prime Minister and the activities of political parties suspended.

1999 (11 April)

Commander Daouda Mallam Wanké, head of the Presidential Guards, is appointed Head of State by the Council of National Reconciliation (CRN). The Constitution is suspended and the main institutions dissolved. Ibrahim Hassan Mayaki remains Prime Minister.

1999 (18 July)

Adoption of a new Constitution.

1999 (24 November)

Presidential and general elections. Mamadou Tandja elected President of Niger with 59.9% of the votes. His party, the MNSD, obtains an absolute majority in the general elections.

2000 (3 January)

Hama Amadou becomes the new Prime Minister.

2000 (4 April)

Mahamadou Issoufou is confirmed in his position as President of the Nigerien Party for Democracy and Socialism (PNDS).

2000 (1 November)

Creation of a High Court of Justice.

Update currently in preparation.

Sources used

Afrique contemporaine, quarterly review (La Documentation Française)

AFP Afrique: daily news bulletin from Africa –Agence France Presse

Press Files from the CEAN Document Centre.

   NIGER:

T L Miles (talk) 21:43, 5 February 2008 (UTC)

[edit] Niger Human Rights links

http://www.dfid.gov.uk/countries/africa/niger.asp http://www.amnestyusa.org/By_Country/Niger/page.do?id=1011211&n1=3&n2=30&n3=961 All Amnesty International Reports http://www.amnesty.org/en/library/info/AFR43/002/1999 http://asiapacific.amnesty.org/library/Index/ENGAFR430011999?open&of=ENG-NER http://www.north-of-africa.com/article.php3?id_article=38 http://www.bbc.co.uk/worldservice/specials/1633_wag_freetospeak/page3.shtml http://www.devinfo.org/factsheets/ner/devinfo_country_fact_sheet_ner.htm?IDX=3 http://www.ohchr.org/EN/Countries/AfricaRegion/Pages/NEIndex.aspx http://ap.ohchr.org/documents/dpage_e.aspx?c=133&su=136 http://www.cpj.org/regions_08/africa_08/africa_08.html#niger http://www.state.gov/www/global/human_rights/1999_hrp_report/niger.html http://www.freemedia.at/cms/ipi/search.html?query=Niger http://www.afrika.no/index/Countries/Niger/Human_Rights/index.html http://64.233.169.104/search?q=cache:ou48kkh9vlwJ:www.nhri.net/pdf/ICC%2520Accredited%2520NIs%25202004.pdf+Norwegian+Africa+Human+Rights+Niger&hl=en&ct=clnk&cd=24&gl=us&client=firefox-a

http://www.smallarmssurvey.org/files/portal/spotlight/country/africa.html#nig Niger

Comparative Analysis on the Disarmament, Demobilisation and Reintegration (DDR) Programs Existing in the World during 2006. 2007. Bellaterra: School for a Culture of Peace (Universitat Autònoma de Barcelona). Case studies on Nepal, Niger, and Uganda.

Cissé, Hélène N. V. 2005. Afrique de l'ouest: L'harmonisation des législations nationals sur les armes légères - critères de convergence appliqués au Sénégal, au Mali et au Niger. Bruxelles: Rapport du GRIP.

http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid T L Miles (talk) 21:44, 5 February 2008 (UTC)

[edit] Niger Laws Links

http://training.itcilo.it/ils/CD_Use_Int_Law_web/Additional/Decisions/Compendium/English/63_niger.htm 63. Constitutional Court of Niger, 16 January 2002, Judgment No. 2002-004/CC

Constitution of Niger

Preamble (…) We, the sovereign People of Niger: proclaim our adherence to the principle of pluralist democracy and to the 1948 Declaration of Human Rights, the 1981 African Charter on Human and Peoples’ Rights, as are guaranteed by the present Constitution; (…)

Article 132 Treaties or agreements which have been duly ratified shall, upon their publication, have a higher authority than the laws, provided that each agreement or treaty is applied by the other party. Country: Niger Subject: right to effective legal remedy Role of international law: direct application of international law Type of instruments used: instrument not subject to ratification[1]

Examination by the Constitutional Court of the new statutes and rules of the Supreme Court / Right to effective legal remedy / Direct application of an international instrument with constitutional value

The Constitutional Court of Niger had to decide on the constitutionality of the law modifying the composition, organization, duties and functioning of the Supreme Court. One of the articles of that law provided that in the event of an action against a nomination an adjudication should be made within 60 days. In the absence of an adjudication the appeal was deemed to have been dismissed ipso jure and the dismissal final.

The Court examined the conformity of this provision with the Universal Declaration of Human Rights (integrated into the so-called block of constitutionality)[2] and held that the offending article violated: “the provisions of Article 8 of the Universal Declaration of Human Rights (1948), which is worded as follows: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law.””

On the basis of the Universal Declaration of Human Rights the Constitutional Court of Niger ruled that the provisions of the law which stipulated that appeals against nominations were deemed to have been dismissed in the absence of an adjudication within 60 days were unconstitutional. [1] Universal Declaration of Human Rights, 1948.

[2] Preamble to the Constitution of Niger: “(…) We, the sovereign People of Niger: proclaim our adherence to the principle of pluralist democracy and to the 1948 Declaration of Human Rights, the 1981 African Charter on Human and Peoples' Rights, as are guaranteed by the present Constitution;(…)”

http://portal.unesco.org/culture/en/ev.php-URL_ID=15495&URL_DO=DO_TOPIC&URL_SECTION=201.html

Ordinance N° 93-027 of March 30, 1993 on Copyright, Neighbouring Rights and Folklore

http://www.presidence.ne/PagesHtm/AutresTextes.htm

La Charte des Partis

   Ordonnance n° 99 - 59 du 20 décembre 1999.
   Suite ...

Le Code électoral

    Ordonnance N° 99-37 du 4 septembre 1999.
   Suite ...

Le Statut de l'opposition

    Ordonnance n° 99-60 du 20 décembre 1999.
   Suite ...

Le Statut du député

    Loi n° 95 - 023 du 15 décembre 1995.
   Suite ...

http://droit.francophonie.org/df-web/publication.do?publicationId=1024 Afrique de l'Ouest - Niger - Cour suprême - 1993 - Arrêt no 93-3/cc du 1er février 1993

Provided here are links to relevant business legislation, collected in the http://www.doingbusiness.org/LawLibrary/ Law Library Doing Business Law Library .

Bankruptcy and Collateral Laws

http://www.juriscope.org/infos_ohada/droit-sure/pdf-fr/SURETES.pdf Acte Uniforme OHADA du 17 avril 1997 portant organisation des sûretés]

http://www.droit-afrique.com/images/textes/Ohada/AU/OHADA - AU Procedures coll.pdf Acte Uniforme OHADA du 10 avril 1998 portant organisation des procédures collectives d'apurement du passif]

Commercial and Company Laws

http://www.juriscope.org/infos_ohada/creance/pdf-fr/RECOUVR.pdf Acte Uniforme OHADA du 10 avril 1998 portant organisation des procédures simplifiées de recouvrement et des voies d'exécution]

http://www.juriscope.org/infos_ohada/arbitrage/pdf-fr/arbitrage.pdf Acte Uniforme du 11 mars 1999 sur le Droit de l'Arbitrage dans le Cadre du Traité OHADA]

http://www.droit-afrique.com/images/textes/Ohada/AU/OHADA - AU Societes.pdf Acte Uniforme OHADA du 17 avril 1997 relatif au droit des sociétés commerciales et du groupement d'intérêt économique]

http://www.droit-afrique.com/images/textes/Ohada/AU/OHADA - AU Comptabilite.pdf Acte Uniforme OHADA du 22 février 2000 portant organisation et harmonisation des comptabilités des entreprises]

http://www.droit-afrique.com/images/textes/Ohada/AU/OHADA - AU Transport.pdf Acte Uniforme OHADA du 22 mars 2003 relatif aux contrats de transport de marchandises par routes]

http://www.droit-afrique.com/images/textes/Ohada/AU/OHADA - AU Droit commercial.pdf Acte Uniforme OHADA sur le droit commercial]

http://www.droit-afrique.com/images/textes/Afrique_centre/CEMAC - Pratiques com. anticoncurentielles.pdf Règlement n° 1/99/UEAC-CM-639 du 25 juin 1999 sur les pratiques commerciales anticoncurrentielles]

Constitutions http://unpan1.un.org/intradoc/groups/public/documents/CAFRAD/UNPAN002961.pdf http://democratie.francophonie.org/IMG/pdf/Niger.pdf Constitution du Niger de la République du Niger Adoptée le 18 juillet 1999 et promulguée par le décret n°99-320/PCRN du 9 août 1999 (Constitution à jour au 22 Septembre 2004 avec intégration de la révision opérée par Loi n°2004-15 du 13 Mai 2004, JORN, spécial n°7 du 14 Mai 2004)