Niger’s legal framework on the right to life has not witnessed a significant change since the
previous report and is basically still governed by the Constitution and the criminal code. However,
it should be acknowledged that the enjoyment of this right has been far from effective since
February 2015, with the surge in attacks by armed terrorist groups, particularly the Boko Haram
sect which attacks the civilian population and is increasingly hitting military posts and positions in
spite of the security measures and systems put in place. These attacks have led to scores of losses
of human lives and most often come with looting and the kidnapping of people, particularly
women and children. The Defence and Security Forces (FDS) of Niger are collaborating with the
multinational forces to take action to ensure the safety of the people.
40.
41.
The west of the country, particularly areas bordering Mali and Burkina Faso, have also
lately come under deadly attacks from armed Jihadist groups, thereby plunging many families into
mourning.
42.
The Government decreed a state of emergency by applying Law No. 98-024 of 11 August
1998 in all areas affected by the conflicts, while the National Assembly regularly passes laws to
extend this state of emergency with the sole aim of better ensuring the safety of the people. Since
the beginning of the armed conflicts, at least 15% of resources have been allocated to the budget
of the security sector. Presenting the status of the Renaissance Programme, the President of the
Republic recalled that “security has no price. In 2018, we invested 19% of our budget resources
into security.”
43.
With regard to the death penalty, at the last appearance of Niger before the United Nations
Human Rights Council for the review of its second cycle UPR report, seventeen (17)
recommendations on its abolition were put before it. These recommendations add to numerous
others of the other treaty bodies which insist on the accession of our country to the Second
Optional Protocol relating to the International Covenant on Civil and Political Rights on the
Abolition of the Death Penalty. The Government is making tremendous efforts to ensure its
abolition.
44.
The National Advisory Council, which discharged the functions of Parliament during the
transitional regime which overthrew the 6th Republic, took a vote on 16 December 2010 and had
the following result: 27 votes for abolition, 40 against and 4 abstentions. The Government of the
7th Republic which succeeded the transitional regime continued the struggle; that is why on 23
October 2014, Cabinet adopted the draft law authorizing the accession of Niger to the Second
Optional Protocol relating to the ICCPR. Unfortunately, this draft law did not get a favourable
response from the parliamentarians because they rejected it.
45.
Rather than getting discouraged, the Government organized a parliamentary day on 13
December 2018 on the implementation of the recommendations of the UPR and treaty bodies
during which a debate was held on the death penalty. On 24 December 2018, the Minister of
Justice signed a letter (Letter No. 001946 /MJ/GS/SP/CIM) addressed to his colleague responsible
for Foreign Affairs asking for the launch of the process for the ratification of the protocol
abolishing the death penalty. Therefore, this process is irreversible, and consultations are ongoing. Meanwhile, Niger signed the moratorium on the application of the death penalty in
December 2018; it has not been invoked in Niger since 21 April 1976, the day seven persons
sentenced to death for high treason were executed by firing squad.
22