XVII. RIGHT TO PEACE AND SECURITY
Develop and strengthen existing measures in the area of combating terrorism and organized crime
by taking inspiration from the Commission’s principles and guidelines on human and peoples’ rights
in the fight against terrorism.
548. Since Niger experienced the threat of terrorism and organized crime at its borders, it has never
stopped taking and devising plans to prevent or contain these terrorist activities. These activities
depend on the magnitude of the threat. Thus, apart from the intelligence and patrols in all areas placed
under the state of emergency, Niger is fighting terrorism through its joint sub-regional forces. Lengthy
paragraphs have been presented above on issues relating to security and the fight against terrorism.
Ensure respect for international human rights law and international humanitarian law, particularly
in using combat drones and carrying out impartial and independent investigations on all deaths
caused by drones in order to arraign the alleged perpetrators before court and compensate the
victims or members of their families.
549. Niger is unaware of any errors committed on the civilian population by drones on its territory. In
any case, in fighting against terrorism on its territory, it is ensuring respect for international
humanitarian law.
XVII. EXTRACTIVE INDUSTRIES AND THE ENVIRONMENT
Formalize the social responsibility of businesses through implementable legal obligations by means
of legislation in order to guarantee participatory processes and gains at the local level from extracted
resources and contribute to the development needs of adjoining communities.
550. In the Model Law appended to the Mining Law, Article 18.2 states that:
“The mining company undertakes to contribute to the development of the communities in which they
carry out their activities by participating in the financing of collective activities”.
551. Regarding the exploration phase, the contribution shall be negotiated with the Ministry of Mines.
For instance, the following can be read from the Tinkaradet 2 Agreement: “during the research phases,
the company shall commit itself to pay an annual contribution of 20.000 dollars US for the
development of all communities in the region in which it is carrying out its operations. A memorandum
of understanding shall be signed with the Ministry in charge of Mines thirty (30) days after the date of
the signing of the Order granting the permit for research, and it will specify the modality for the
management and use of these funds. This contribution will be accounted for as research expenses in
line with Article 10 supra. This contribution will particularly be used to finance collective
infrastructural facilities and income-generating activities”.
552. Thus, under the terms of the law, the financial volume of the activities of the operator under his
social responsibilities shall be determined through negotiations between the Ministry of Mines and the
latter. However, a better mechanism can be found by tying these obligations to a percentage to be
determined from the turnover, which would be more objective.
Adopt a legislation governing the small-scale mining sector and promoting awareness raising among
the small-scale miners to ensure better protection of labour standards and the environment.
553. The legislation was already in existence and it was reinforced by the adoption of Law No. 2017- 03
of 30 June 2017 on the amendment of Order No. 93-16 of 2 March 1993 on the mining law. According
to Article 43 (new) small-scale mining consists of extracting and collecting minerals in order to
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