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.
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.
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
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.
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.
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.
"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.
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.
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.
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.
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.
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
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.
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
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.
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
Slavery and institutions and practices similar to slavery are forbidden by the Constitution and other legal provisions.
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.
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.
Finally, the Labour Code absolutely forbids forced or compulsory labour.