129. Since the last report was submitted, there has been no amendment to the various enactments
governing the right to property in Niger, namely the Constitution, civil code, Law No. 61-37 of 24
November 1961 regulating expropriation in the public interest and the temporary occupation of public
lands amended by Law No. 2008-37 of 10 July 2008, Ordinance No. 99-50 of 22 November 1999 on
the setting of rates for the disposal and occupation of state lands in the Republic of Niger and Decree
No. 2009-224/PRN/MU/H of 12 August 2009 on the modalities for the application of the special
provisions of Law No. 61-37 of 24 November 1961 regulating expropriation in the public interest and
the temporary occupation of public lands amended by Law No. 2008-37 of 10 July 2008 on the
involuntary displacement and resettlement of people.
130. On access to landed property, certain customs in Niger tend to discriminate against certain
segments of society, particularly women and widows. However, Article 72 of Law No. 2018-37 of 1
June 2018 provides that the courts must set aside the application of any custom which is inconsistent
with international conventions, the laws, regulations and mores.
2) Procedure for Expropriation in the Public Interest
131. According to Article 28 of the Constitution, the right to property may only be violated in cases
where the public interest so requires and in accordance with due process. The State endeavours to
ensure equitable access to rural lands by all rural stakeholders as well as natural persons and legal
entities subject to public law or private law and to guarantee the respect of this right. Any person may
go to court if he thinks the act of another person or the authorities has compromised the peaceful
enjoyment of his right to property.
132. In the event of expropriation in the public interest, compensation must first be paid to the victim,
except where it is an emergency situation or a force majeure. Consequently, a prior investigation will
ensure that the concerns and interests of the individual or society are taken into account. The financial
assessment of the rights of the person or society concerned will then be conducted. The entire process
involves all stakeholders in order to ensure that all of their interests are further taken into account.
133. Expropriation can only affect immovable assets and the resultant real property rights. Bare, built,
developed, cultivated or planted land in particular may be acquired through expropriation in the public
interest essentially for the execution, implementation or use of public works.
134. The law provides that where expropriation leads to displacement, the compensation process for
persons affected by the operation should be based on their effective participation. The affected persons
will be compensated irrespective of their religion, ethnicity or political coloration.
B. Right to Life and Right to Fair and Favourable Working Conditions: Article 15
135. This provision has witnessed a few changes since the country submitted its last report. Thus,
Decree No. 2017-682-PRN/MET/PS of 10 August 2017 on the regulatory section of the labour code
spells out the following:
Article 157 states that “the employment of children to undertake any job which endangers their
lives or health shall be prohibited. The employment of children under twelve (12) years old shall
be prohibited absolutely. The modalities for the employment of children above twelve (12) years
old shall be determined by Articles 162 to 176 below.”
Article 158 provides that “it shall be prohibited to employ children under eighteen (18) years old;
offenders shall be subjected to criminal prosecution:
in all forms of slavery or similar activities such as sale and trafficking, debt servitude
and bondage as well as forced or compulsory labour, including forced or compulsory
recruitment for their use in armed conflicts;
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