Everyone has the duty to contribute to safeguarding and improving the environment in which they
live.
The acquisition, the storage, manipulation and evacuation of toxic waste or pollutants from
factories and other industrial or small-scale industrial units established on the national territory
are regulated by law.
The transit, importation, storage, burying, tipping (unloading) of toxic waste or foreign pollutants
on the national territory as well as any agreement to that effect are a crime against the nation
punishable by law.
The Government is working towards assessing and controlling the impact of any development
project and programme on the environment.
- Art. 36 – Government and other public authorities are pursuing the fight against desertification;
- Art. 37 – National and international companies have the obligation to comply with legislation in
force regarding environmental matters. It is mandatory for them to protect human health and
contribute to safeguarding and improving the environment.
339. Niger has embarked on a daily fight against greenhouse gas emissions that cause climate change,
deforestation, desertification, water, air and soil pollution or depletion of resources caused by human or
nature-induced activities. These human or natural activities undermine the right of the population to
enjoy a safe environment. Additionally, one may include the right to water, pure air and enjoyment of
landscapes, the benefits of biodiversity; in a nutshell, the right to live in safe environmental conditions,
has been established in several national and international laws.
340. Niger is aware that the issue of climate change goes beyond its borders and falls within the
jurisdiction of the international community. That is the reason why on the occasion of the Special
Summit of the Climate Committee for the Sahel Region held in New York on 23 September 2019, the
President of the Republic declared that “Today, everyone accepts the urgent need to pool our efforts
and resources together in order to find acceptable and sustainable solutions to protect our planet and
allow future generations to inherit a world where life will be worth living. We do not have a second
planet; our immediate commitments are dependent on human survival. We are aware of this in Niger.
341. The key new environmental statutes adopted since the submission of our previous report include
the following:
- Law No. 2018-28 of 14 May, 2018 determining the fundamental principles of environmental
assessment;
- Law No. 2018-34 of 24 May 2018, authorizing the ratification of the Kigali Amendment to the
Montreal Protocol on Ozone-Depleting Substances.
- Law on the fight against Offences relating to international trade in flora and fauna species
threatened with extinction, adopted on 13 October 2019;
- Law on the fundamental principles of Biotechnological Risk Prevention in Niger, adopted on
15 October 2019.
B. Duties of the States as Stipulated in the Charter
1) Specific Duties of States Parties Under Article 25 of the Charter
342. Article 43 of the Constitution states that: “It is the duty of the State to ensure the translation of the
Constitution and other relevant laws on human rights and fundamental freedoms into the national
languages including their dissemination. The State ensures the teaching of the Constitution, human
rights and civic education at all levels of education”.
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