b1. Legislative, administrative and judicial measures
The CRC in its article 38 enshrines this right. States must respect it, being under obligation
to ensure that children below 15 are not involved directly in conflicts or conscripted into the
armed forces.
There also is the optional protocol of the CRC related to the conscription of children in
armed conflicts.
Niger‟s laws prohibit the conscription of children below 18 in the armed forces.
In 1995, the State signed a peace agreement with the different branches of the armed
rebellion.
b2. Limitations
After a long absence, socio-professional reintegration was implemented albeit with
difficulties. The limited intervention capacities of the State, NGOs and Association make it
difficult to better cater for this category of children.
b3. Achievements
The populations have returned to their region ;
The High Commission for the Restoration of Peace was established along
with its branches in the zones affected by conflicts (Agadez, Tahoua and
Diffa) ;
Schools, dispensaries were created and corn mills installed;
A programme for the reintegration of displaced persons was put in place;
Donors like the European Union, France, UNICEF, EDF, UNDP, the World
Bank, Germany, Belgium, etc lent support to the implementation of this
programme.
The NGO Monaco Aide et Présence provided support to the displaced
children of the Northern region.
A module on the CRC was incorporated in the training of the defence and
security forces.
b) Children in conflict with the law
a. Administration of juvenile justice (article 17)
a1. Legislative, administrative and judicial measures
Article 40 of the CRC advocates that preferential treatment should be given to children in
conflict with the law.
Ordinance No. 99-11 of 14 May 1999 is in full conformity with the provisions of the
convention and the African Charter on the Rights and Welfare of the Child.
Section 14 of the Ordinance provides that: “where legal action is brought against a
minor for a misdemeanour, felony or a minor offence, the start of preliminary
investigation shall be compulsory”.
Sections 32 and 33 of the ordinance state the penalties applicable to minors.
Thus, minors below 18 having acted indiscrimatorily must be acquitted and may be
granted measures of protection, assistance or re-education.
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