352. In spite of the inadequate budgetary resources allocated to the Ministry of Justice, the judges carry
out their mission and do not hesitate to denounce any act likely to undermine the material and moral
interests of its members through their labour union. Currently, there are 412 magistrates in active
service.
353. The following are the relevant Articles of the Constitution which establish the independence of the
judiciary in Niger:
Article 116: The judiciary is independent of the legislative and executive branches of power.
The judicial power is exercised by the Constitutional Court, the Court of Cassation, the
Council of State, the Court of Auditors, the courts and tribunals.
Article 117: Justice is delivered across the national territory on behalf of the people and in
strict compliance with the law and the rights and freedoms of every citizen.
The decisions of the judiciary are applicable to all, to public authorities and to the citizens.
They can only be criticized in ways and in forms as laid down by law.
Article 118: In exercising their duties, the judges are independent and are only subject to
the law.
Article 119: The judges at the headquarters are appointed by the President of the Republic
upon the proposal of the Minister of Justice, Keeper of the Seals on the advice of the Higher
Judicial Council.
The judges of the Public Prosecutor’s Office are appointed by the President of the Republic
on the advice of the Minister of Justice, Keeper of the Seals.
The judges on the bench are irremovable.
The law determines the composition, the organization, the responsibilities and the
functioning of the Higher Judicial Council.
V. DIFFICULTIES ENCOUNTERED IN THE IMPLEMENTATION OF THE CHARTER IN THE
LIGHT OF THE POLITICAL, ECONOMIC AND SOCIAL CONDITIONS
354. In spite of the progress achieved in the implementation of the ACHPR, it must be acknowledged
that there are several obstacles impeding its effective implementation. Thus, there are still challenges
to be addressed regarding the enjoyment of civil and political rights, economic, social and cultural
rights as well as the rights of the last generation. Indeed, for some years now, Niger has been
confronted with a security challenge originating from its proximity to Mali, Libya, Nigeria, Burkina
Faso, which have become hotbeds of conflict. This situation, coupled with the permanent risks of
instability and serious threats to peace, is the source of the influx of numerous migrants, refugees,
returnees and internally displaced persons into our country. The re-direction of a large proportion of
the national budget into this war which has fallen upon us through terrorism, is depriving the basic
social sectors of huge resources with the resultant effect of ineffectiveness of some rights.
355. For instance, on 31 July, 2018, Niger had 58,510 Malian refugees made up of 44.94 % of men and
55.06% of women fleeing from the war and distributed in three (3) camps in the Tillabéry region. The
Diffa region has since 2015 been confronted with violence perpetrated by the Nigerian terrorist group
Boko Haram, and today the region is playing host to close to 250, 000 displaced persons including
Nigerian refugees and internally displaced persons.
356. On 20 October 2019, 442.449 asylum seekers, refugees of various nationalities, made up of
returnees and internally displaced persons were received in Niger. Indeed, since May 2019, Niger has
been confronted with a huge influx of refugees. They include, among others, 40, 000 Nigerian citizens
who have just settled in the Maradi region since there is resurgence of violence in the North-West of
their country. The Agadez region has also been hit by a wave of asylum seekers which has since
October 2019 been playing host to about 3000 persons, many of whom have fled from the crisis in
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