Niger - Universal Periodic Review

UPR 38, May 3, 2021
Recommendations by Canada

Background

Article 12 of Niger's constitution recognizes the right of everyone to life, health, liberty, security, and physical and mental integrity. Niger also has a National Human Rights Commission, which acts as an independent administrative authority responsible for ensuring the effectiveness and promotion of fundamental rights and freedoms. Niger has made several UN commitments: it has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) with reservations, accepted its optional protocol, and acceded to the Convention on the Rights of the Child. It has also acceded to the International Covenant on Civil and Political Rights and accepted its optional protocol. In 2010, Niger adopted a press freedom ordinance that prohibits imprisonment for press offenses. Nevertheless, the country continues to face a number of significant challenges with respect to freedom of expression and opinion, as well as discriminatory practices against women.

Niger's reservations to CEDAW preclude the possibility of taking legislative action to repeal any customs and practices that discriminate against women. These reservations have a negative impact on gender equality in Niger, particularly with respect to inheritance and female genital mutilation (FGM). Furthermore, early marriage of young girls remains a major concern in Niger. According to UNICEF, the country has the highest prevalence rate in the world at 76%.

The organization Freedom House ranked Niger's civil rights and political freedoms at 48/100. Moreover, a cybercrime law was passed in 2019, articles 29 and 31 of which sanctioned "defamation by electronic means of communication" and "dissemination of data likely to disturb public order or undermine human dignity," respectively. According to Amnesty International and Freedom House, this law was used to silence media and civil society actors in 2020.

Recommendations

Thank you, Madam President.

Canada congratulates Niger on the admission of its National Human Rights Commission to the 'A' status of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights.

Canada recommends that Niger:

1. Withdraw its reservations to the Convention on the Elimination of All Forms of Discrimination against Women and step up enforcement of Law No. 2003-025 prohibiting FGM.
2. Expand social change efforts around early and forced child marriages, FGM, and other discriminatory practices towards women and girls, particularly through opinion leaders and the media.
3. Guarantee in law and practice the right to freedom of opinion and expression, in civil and online spaces, and particularly the protection of journalists and human rights defenders
4. Finalize the adoption of the law on the protection of human rights defenders as soon as possible, in collaboration with civil society.

Canada welcomes Niger's support for the recommendations related to the right to education expressed during the second cycle of the UPR.