Niger

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Niger are found in the 2003 Penal Code which addresses marriage of a minor by abduction at Article 258, with a potential penalty of imprisonment of one to five years and a fine of 10,000 to 100,000 francs or only one of these two penalties.

Consent to marriage

Provisions requiring consent to marriage in Niger are found in the civil code, article 146 of which states that there is no marriage when there is no consent. Section 144 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is under the age of marital capacity.

Servile marriage

There appears to be no legislation in Niger that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in Niger are found in the ORDINANCE NO 2010-86 OF 2010 ON THE FIGHT AGAINST TRAFFICKING IN PERSONS, which prohibits trafficking for practices similar to slavery at Article 10. Article 58 of the Penal Code 2003 also prohibits abduction of minor for forced marriage under, with a potential penalty of imprisonment of one to five years and a fine of 10,000 to 100,000 francs or only one of these two penalties.

Minimum age for marriage

The minimum age for marriage in Niger without parental consent is 18 for males, without differentiation by gender, as set out on Articles 144 and 148 of the 2014 Family Code. However, the minimum age for marriage of females in Niger with parental consent is 15, as set out on Articles 144 and 148 of the 2015 Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is voidable, as set out on Article 1484 of the 2015 Civil Code. However, marriages below this age are permitted for serious reasons by the President of the Republic and with the consent of parents. These exceptions are not differentiated by gender, as set out on as set out on Article 54 of the 2014 Family Code.

Region

Africa

Regional Court

African Court on Human and Peoples’ Rights

Legal System

Mixed

International Instruments

1926 Slavery Convention
25 August 1961
1953 Protocol to the Slavery Convention
07 December 1964
1956 Supplementary Slavery Convention
22 July 1963
1966 ICCPR
07 March 1986
1930 Forced Labour Convention
27 February 1961
2014 Protocol to the 1930 Forced Labour Convention
14 May 2015
1957 Abolition of Forced Labour Convention
23 March 1962
1999 Worst Forms of Child Labour Convention
23 October 2000
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
30 September 2004
1998 Rome Statute of the ICC
11 April 2002
1956 Supplementary Slavery Convention
22 July 1963
1966 ICCPR
07 March 1986
1966 Optional Protocol to the ICCPR
07 March 1986
1966 ICESCR
07 March 1986
2008 Optional Protocol to the ICESCR
07 November 2014
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
01 December 1964
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
30 September 1990
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
26 October 2004
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
08 October 1999
1999 Optional Protocol to CEDAW
30 September 2004
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
30 September 2004
1998 Rome Statute of the ICC
11 April 2002
1999 Worst Forms of Child Labour Convention
23 October 2000

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking
  • Minimum Age for Marriage

Regional Organisations

  • African Court on Human and Peoples’ Rights
  • African Union
  • Organisation of Islamic Cooperation
  • ECOWAS

Legislative Provisions

CONSTITUTION 2010

Article 4
National sovereignty belongs to the People.
No fraction of the People, no community, no corporation, no political party or association, no trade-union organization and no individual may arrogate its exercise.
In the exercise of the power of the State, personal power, regionalism, ethnocentrism, discrimination, nepotism, sexism, the clan spirit, the feudal spirit, slavery in all its forms, illicit enrichment, favoritism, corruption, racketeering and the influence-trafficking are punished by the law.
Article 14
No one shall be submitted to torture, to slavery or to cruel, inhuman or degrading abuse or treatments.
Any individual, any agent of the State, who is found guilty of acts of torture or of cruel, inhuman or degrading abuse or treatments in the exercise of or on the occasion of the exercise of their functions, either on his own initiative or under instructions, will be punished according to the law.
Article 33
The State recognizes to all citizens the right to work and strives to create the conditions that make the enjoyment of this right effective, and that guarantee to the worker just compensation for his services or for his production.
No one may be the victim of discrimination within the framework of his work.Niger Constitution

PENAL CODE

Article 208.2. Crimes against humanity
Constitutes crimes against humanity, the deportation, the reduction to slavery or massive and systematic practices of summary executions, kidnapping of persons for their disappearance, torture or other inhumane acts inspired by political, philosophical, racial or religious motives organised in the execution of a concerted plan against a group of the civil population. Crimes against humanity are punished by death.
Article 269.
Anyone who has placed or received a person as a pledge for any reason shall be liable to imprisonment for two months to two years and a fine of 10,000 to 100,000 francs or one Of these two penalties only.
The term of imprisonment may be increased to five years if the person put up or received as a pledge is less than thirteen years of age.
In any event, the offenders may be deprived, in accordance with the provisions of Article 25, of the rights referred to in Article 21.
Article 270.
Any person who has alienated, free of charge or for consideration, the liberty of any other person shall be punished with imprisonment from ten to thirty years.
If the person is under the age of thirteen, the sentence of life imprisonment will be incurred.
If the perpetrator has alienated the liberty of several persons, he shall be punished with the death penalty.

Article 270.1
“Slavery” is the condition or condition of an individual on whom the attributes of the right of property are exercised or some of them;
“The slave” is that individual who has that status or condition.
The “servile person” is that person who is placed in the status or condition that results from one of the institutions or practices of slavery, in particular:
1) servitude or any other form of absolute submission or dependence to a master;
2) any institution or practice whereby:
(A) a woman is, without her having the right to refuse, promise or give in marriage for a consideration in cash or in kind paid to the master;
(B) the master of a woman considered to be a slave has the right to transfer it to a third party, for consideration or otherwise;
(C) the teacher has the right to engage in sexual intercourse with the slave woman;
3) any institution or practice under which a minor under the age of eighteen years is surrendered, either by his parents or his guardian, or by his master or the master of one or both of his parents, to a Third parties, against payment or not, for the exploitation of the person or the work of the minor.
Article 270.2
The act of reducing others to slavery or of inciting others to alienate their liberty or dignity or that of their dependents to be enslaved is punishable by imprisonment for 10 to 30 years and to a fine of between 1,000,000 and 5,000,000 francs.
The same punishment provided for in the preceding paragraph shall be punishable by a master or his accomplice:
1) to have sexual relations with a slave woman or the wife of a man considered a slave;
2) to place at the disposal of another person a woman considered as a slave with a view to maintaining sexual intercourse.
Complicity and attempted offenses under the preceding sections shall be punishable under this section.
Article 270.3
It is the crime of slavery:
1) any interference with the physical or moral integrity of a person by reason of his servile condition, any degrading, inhuman or humiliating treatment exercised against him;
2) the fact that a master shall receive the fruits and income resulting from the prostitution of the slave woman or the work of any person of “servile condition”;

3) extortion, blackmail against a person of “Servile condition”;
4) the fact that a master receives a tribute from a person by virtue of his right of ownership over that person;
5) the abduction of the alleged slave children to put them into bondage.
Article 270.4
A person convicted of the crime of slavery shall be punished by imprisonment of five to less than ten years and a fine of 500. 000-1000. 000 francs. The attempt is punishable under the preceding paragraph.
Article 270.5
Any association lawfully registered for at least a year at the material time and that under the statutes, the objective of combating slavery or practices analogues is entitled to exercise the civil action for damages caused by violations of the criminal law of slavery.
Article 368.
A person shall be punished with imprisonment from fifteen days to three years and a fine of between 10,000 and 100,000 francs, or one of these two penalties only, who, by violence, assault, Threats or maneuvers, will have caused or sustained, attempted to bring about or maintain a concerted cessation of work.
The prohibition of stay may also be imposed on the guilty party (s).Niger Penal Code

 

LABOUR CODE

Article 4:
Forced or obligatory labour is forbidden. The term ‘forced or obligatory labour’ designates all work or services demanded from an individual under the menace of whatever penalty and for which the individual in question did not offer themselves of free will.
Article 337:
Are punished by a fine of 500,000 to 2,000,000 francs and imprisonment from 2-5 years or one of these penalties only, the instigators of infractions under article 4 relative to the outlawing of forced or obligatory labour.Niger Labour Code

ORDINANCE NO 2010-86 OF 2010 ON THE FIGHT AGAINST TRAFFICKING IN PERSONS

Article 10: Trafficking in persons
It is an offense of trafficking in persons to recruit, transport, transfer, harbor or accommodate persons through the threat of use or use of force or other means Fraud, deception, abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another for purposes of exploitation.
The exploitation shall include, as a minimum, the slave or practices analogous to slavery, servitude or removal of organs, exploitation of the prostitution of others or other forms of sexual exploitation, Exploitation of the begging of others, exploitation of labor or forced services.
The recruitment, transportation, transfer, harboring or reception of a minor under 18 years of age for the purposes of exploitation shall be considered a trafficking in persons even if they do not use any of the means set out in First subparagraph.
Anyone who intentionally commits the offense of trafficking in persons shall be punished with imprisonment of five (5) to ten (10) years and a fine of 500,000 to 5,000,000 francs.
Article 11: Lack of effect of consent
Where the elements of the offenses referred to in this chapter are present, the perpetrator may in no circumstances invoke the victim’s consent to avoid prosecution.

Similarly, the perpetrator cannot invoke the consent of the parents or any other person having legal authority over a minor under the age of 18 years to avoid prosecution.
Article 14: Attempt
The provisions of article 2 of the Penal Code shall apply to the crimes referred to in article 24 of this chapter. The provisions of article 3 of the Penal Code apply to the attempted offense referred to in this chapter.
Article 15: Complicity
The provisions of articles 48 and 49 of the Penal Code apply to the offenses provided for in this chapter.
Article 16: Organization and management of an offense
The organization of the commission of the offenses referred to in article 24 of this chapter or of instructing others to commit them shall be punished by the same The principal author.
Article 17:
Any intermediary who, in violation of national and international adoption laws, has vitiated the consent of the parents or any other person having legal authority over a child, to have him adopted for the commission of the offenses referred to in this Shall be punished with the same penalties as those provided for in Article 24 below.
Article 29: Aggravating circumstances
When one of the offenses referred to in Articles 10, 14, 15, 16, 17 has been committed with one of the circumstances listed below, the penalties incurred shall be:
1. ten (10) Less than fifteen (15) years in the case of intentional assault;
2. Double the maximum penalty incurred:
(A) if the perpetrator has absconded;
(B) if the author is in the summer of legal recidivism;
(C) The perpetrator participated in other definitively tried offenses that facilitated the trafficking offense;
(D) if there is a competition for offenses under this order;
(E) the author had public authority and the offense was committed in the performance of his or her duties;
For the purposes of the preceding provisions, reference is made to Article 6 (1) of the Penal Code.
3. The penalty shall be between ten (10) and thirty (30) years:
(A) if the offense is committed against a minor under 18 years of age;
(B) in the case of a relationship of trust between the victim and the offender, in particular where the author has abused his hierarchical position in his employment relationship;
(C) Author is the victim’s spouse;
(D) if the author is vested with moral authority towards the victim, in particular his legal representative, a social worker responsible for a victim.
4. Where the offenses set forth in Articles 10, 14, 15, 16 and 17 of this Ordinance have been committed with two or more aggravating circumstances, the term of imprisonment shall be between fifteen (15) and thirty (30) years.
5. The penalty shall be between fifteen (15) and thirty (30) years:
(A) in case of sexual abuse or rape;
(B) in the case of intentional assault causing amputation, dismemberment or deprivation of limb, blindness, loss of an eye or other permanent disability;
(C) the victim is particularly vulnerable, particularly if he or she is under 13 years of age or is physically or mentally deficient;
(D) whether the offense was committed in a group organized as part of a systematic criminal activity, or over a long period of time or on a large scale, involving, inter alia, several victims;

(E) the use of prohibited weapons or drugs.
6. The penalty incurred is life imprisonment in the event of the death of the victim.
In all cases, the mitigating and suspending provisions may not be applied.Niger Trafficking in Persons Law

AWAD REPORT

Paragraph 335
Slavery and institutions and practices similar to slavery are forbidden by the Constitution and other legal provisions.
Paragraph 336
Under article 269 of the Penal Code, any person who places or accepts a person in bondage, for whatever reason, is punished by a term of imprisonment for two months to two years, or a fine of 10,000 to 100,000 francs, or both, or by imprisonment up to five years if the person placed or accepted in bondage is under the age of thirteen years.
Paragraph 337
Article 270 of the Code provides for a term of imprisonment of ten to thirty years for any person who deprives another person of his freedom, with or without payment. The penalty for depriving a person under the age of thirteen years of his freedom is life imprisonment. The penalty for depriving a number of people of their freedom is death.
Paragraph 338
Finally, the Labour Code absolutely forbids forced or compulsory labour.

PENAL CODE 2003 (AMENDED 2008)

SECTION II BIS. – (Law 2003-25 of June 13, 2003) Slavery

Article 270.1

“Slavery” is the condition or condition of an individual on whom the attributes of the right of property are exercised or some of them;

“The slave” is that individual who has that status or condition.

The “servile person” is that person who is placed in the status or condition that results from one of the institutions or practices of slavery, in particular:

1) servitude or any other form of absolute submission or dependence to a master;

2) any institution or practice whereby:

(A) a woman is, without her having the right to refuse, promise or give in marriage for a consideration in cash or in kind paid to the master;

(B) the master of a woman considered to be a slave has the right to transfer it to a third party, for consideration or otherwise;

(C) the teacher has the right to engage in sexual intercourse with the slave woman;

3) any institution or practice under which a minor under the age of eighteen years is surrendered, either by his parents or his guardian, or by his master or the master of one or both of his parents, to a Third parties, against payment or not, for the exploitation of the person or the work of the minor.

 

Niger Penal Code 2004 – French (PDF)

ORDINANCE NO 2010-86 OF 2010 ON THE FIGHT AGAINST TRAFFICKING IN PERSONS

Article 10: Trafficking in persons

It is an offense of trafficking in persons to recruit, transport, transfer, harbor or accommodate persons through the threat of use or use of force or other means Fraud, deception, abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another for purposes of exploitation.

The exploitation shall include, as a minimum, the slave or practices analogous to slavery, servitude or removal of organs, exploitation of the prostitution of others or other forms of sexual exploitation, Exploitation of the begging of others, exploitation of labor or forced services.

The recruitment, transportation, transfer, harboring or reception of a minor under 18 years of age for the purposes of exploitation shall be considered a trafficking in persons even if they do not use any of the means set out in First subparagraph.

Anyone who intentionally commits the offense of trafficking in persons shall be punished with imprisonment of five (5) to ten (10) years and a fine of 500,000 to 5,000,000 francs.

Article 11: Lack of effect of consent

Where the elements of the offenses referred to in this chapter are present, the perpetrator may in no circumstances invoke the victim’s consent to avoid prosecution.

Similarly, the perpetrator cannot invoke the consent of the parents or any other person having legal authority over a minor under the age of 18 years to avoid prosecution.

Article 14: Attempt

The provisions of article 2 of the Penal Code shall apply to the crimes referred to in article 24 of this chapter. The provisions of article 3 of the Penal Code apply to the attempted offense referred to in this chapter.

Article 15: Complicity

The provisions of articles 48 and 49 of the Penal Code apply to the offenses provided for in this chapter.

Article 16: Organization and management of an offense

The organization of the commission of the offenses referred to in article 24 of this chapter or of instructing others to commit them shall be punished by the same The principal author.

Article 17:

Any intermediary who, in violation of national and international adoption laws, has vitiated the consent of the parents or any other person having legal authority over a child, to have him adopted for the commission of the offenses referred to in this Shall be punished with the same penalties as those provided for in Article 24 below.

Article 29: Aggravating circumstances

When one of the offenses referred to in Articles 10, 14, 15, 16, 17 has been committed with one of the circumstances listed below, the penalties incurred shall be:

  1. ten (10) Less than fifteen (15) years in the case of intentional assault;
  2. Double the maximum penalty incurred:

(A) if the perpetrator has absconded;

(B) if the author is in the summer of legal recidivism;

(C) The perpetrator participated in other definitively tried offenses that facilitated the trafficking offense;

(D) if there is a competition for offenses under this order;

(E) the author had public authority and the offense was committed in the performance of his or her duties;

For the purposes of the preceding provisions, reference is made to Article 6 (1) of the Penal Code.

  1. The penalty shall be between ten (10) and thirty (30) years:

(A) if the offense is committed against a minor under 18 years of age;

(B) in the case of a relationship of trust between the victim and the offender, in particular where the author has abused his hierarchical position in his employment relationship;

(C) Author is the victim’s spouse;

(D) if the author is vested with moral authority towards the victim, in particular his legal representative, a social worker responsible for a victim.

  1. Where the offenses set forth in Articles 10, 14, 15, 16 and 17 of this Ordinance have been committed with two or more aggravating circumstances, the term of imprisonment shall be between fifteen (15) and thirty (30) years.
  2. The penalty shall be between fifteen (15) and thirty (30) years:

(A) in case of sexual abuse or rape;

(B) in the case of intentional assault causing amputation, dismemberment or deprivation of limb, blindness, loss of an eye or other permanent disability;

(C) the victim is particularly vulnerable, particularly if he or she is under 13 years of age or is physically or mentally deficient;

(D) whether the offense was committed in a group organized as part of a systematic criminal activity, or over a long period of time or on a large scale, involving, inter alia, several victims;

(E) the use of prohibited weapons or drugs.

  1. The penalty incurred is life imprisonment in the event of the death of the victim.

In all cases, the mitigating and suspending provisions may not be applied.

 

Niger Trafficking in Persons Law 2010 – French (PDF) 

CIVIL CODE 2015

 Art 144

A man before the age of eighteen, a woman before the age of fifteen, cannot enter into marriage.

Art 145

However, it is open to the President of the Republic to grant exemptions from age for serious reasons.

Art 146

There is no marriage when there is no consent.

Art 148

Minors cannot contract marriage without the consent of their father and mother; in the event of disagreement between the father and the mother, this sharing implies consent.

Art 149

If one of them is dead or if he is unable to express his will, the consent of the other is sufficient.

Art 150

If the father and mother are dead, or if they are unable to express their will, the elders replace them; if there is disagreement between the grandfather and the grandfather of the same line, or if there is disagreement between the two lines, this sharing constitutes consent.

Art 158

A legally recognized natural child who has not reached the age of twenty-one cannot contract marriage without having obtained the consent of the one of his father and mother who has recognized him, or of one of them. ‘other if it has been recognized by both.

In the event of disagreement between the father and the mother, this sharing takes consent.

If one of the deuc is dead or if he is unable to manifest his volunteering, the consent of the other is sufficient; the provisions contained in paragraphs, 3, 4 and 5 of article 149 are applicable to natural minor children.

Art 159

The natural child who has not been recognized, and the one who, after having been recognized, has lost his father and mother or whose father and mother cannot manifest their volunteering, cannot, before the age of twenty-one over years of age, marry only after obtaining the consent of the family council.

Art 160

If the current residence of those of the ascendants of the minor of twenty years and one whose death is not established is unknown and if these ascendants have not given their news for one year, the minor will make a declaration under oath before the justice of the peace of his residence, assists his clerk, without his cabinet, and the justice of the peace will take note of this.

If the minor is an illegitimate child, the justice of the peace will notify this oath to the court of first instance designated in article 389, paragraph 13, of this Code, which will satisfy a request for authorization to marry in the same form as for children. natural unrecognized.

The minor is a legitimate child, the justice of the peace will notify the oath to the family council, which will rule on the application for marriage authorization. However, the minor may directly take the oath provided for in paragraph 1 of this article in the presence of the members of his family council.

Art 172

The right to oppose the celebration of marriage belongs to the person entered into by marriage with one of the two contracting parties.

Art 173

The father, the mother, and, in the absence of father and mother, the elders and the elders, can oppose the marriage of their children or descendants, even adults.

After judicial release of an opposition to marriage formed by an ascendant, no new opposition formed by an ascendant is admissible or can delay the celebration.

Art 174

In the absence of any ascendant, the brother or the sister, the uncle or the aunt, the cousin or the first cousin, adults, can not form any opposition except in the two following cases;

1 When the consent of the family council required by Article 159 has not been obtained;

2 when the opposition is based on the insanity of the future spouse; this opposition which the court can pronounce outright mainlevee will not be decided within the time limit which will be fixed by the judgment.

Art 175

In the cases provided for in the preceding article, the tutor or curator may not, during the term of the tutorship or curatorship, lodge an opposition unless he has been authorized by a family council, which he may summon.

Art 180

A marriage which has been contracted without the free consent of the two spouses, or of one of them, can only be attacked by the spouses, or by that of the two whose consent has not been free.

Art 181

In the case of the preceding article, the request for nullity is no longer admissible, whenever there has been a continuous cohabitation for six months since the spouse acquired full freedom or the error was made. recognized by him.

Art 182

Marriage contracted without the consent of the father and mother, of the ascendants, or of the family council, in cases where this consent was necessary, can only be attacked by those whose consent was required, or by that of the two spouses who had need consent.

Art 183

The action for nullity can no longer be brought either by the spouses or by the parents whose consent was required, whenever the marriage has been expressly or tactically approved by those whose consent was necessary, or when it is a year has passed without any complaints on their part since they learned of the marriage. Neither can it be brought by the husband, after a year has passed without a complaint on his part since he reached the age competent to consent to the marriage on his own.

Art 184

Any marriage contracted in contravention of the provisions contained in articles 144, 146, 147, 161 and 162 may be attacked either by the spouses themselves, or by all those who have an interest in it, or by the public prosecutor.

Art 185

Nevertheless, the marriage contracted by spouses who had not yet requested, or of whom one of the two had not reached this age, can no longer be attacked: 1) when six months have elapsed since this husband or wife have reached the competent age; 2) when the woman, who was not that age, conceived before she was six months old.

 

Art 186

The father, the mother. ascendants and family who have consented to the marriage contracted in the case of the preceding article are not admissible to request its nullity

Art 187

In all cases where, in accordance with article 184, the action for nullity may be brought by all those who have an interest in it, it cannot be brought by the collateral parents, or by the children born of another marriage, during the lifetime of both spouses, but only when there is a current interest.