C. Make a Declaration Pursuant to Article 34(6) of the Protocol on the Establishment of the African
Court on Human and Peoples’ Rights to enable individuals and NGOs to have direct access.
367. Niger has since 14 May, 2004 ratified the Protocol to the African Charter on Human and Peoples’
Rights establishing an African Court of Human and Peoples’ Rights. The country has also embarked
on the process of making a declaration under Article 34.6 relating to the seizure of the Court by
individuals and NGOs. Towards this end, the Minister of Justice, has by a written Letter No.
1946 /MJ/GS/SP/CI dated 24 December 2018 seized his counterpart at the Ministry of Foreign Affairs
to initiate the declaration procedure.
II. ADOPTION AND PROMULGATION OF CODES, LAWS AND DECREES ON THE
PROMOTION AND PROTECTION OF HUMAN RIGHTS
A.
Take the necessary measures towards the adoption of a Personal Status Code.
368. Since the previous report, the situation has not changed. However, brainstorming and consultations
are on-going.
369. The personal status in Niger is governed by law (the Civil Code in particular) and customs. These
standards have not been compiled and put together into a single document referred to as a “Code”. As a
result of the sensitivity of the issue, the Government is proceeding according to sub-themes. For
instance, in the absence of the adoption of a Personal Status Code, it prefers to intervene through
specific legislative enactments but more importantly through scattered regulations in order to
encourage family planning or discourage girl child marriages or extend the marital age. The
Government has made interventions in the reproductive health sector, maintained the girl child at
school and introduced compulsory schooling for all up to 16 years, etc.
B. Accelerate the process of adoption and promulgation of codes, laws and decrees that are still in the
pipeline for passage, particularly, the draft code of the child; the draft bill on the protection of
older persons; the draft bill on protection of the girl child still attending school; the draft bill
making torture a specific offence; the draft legislation on the approval of the statutes on the
Special Compensation Fund for Victims of Trafficking in Persons; the draft decree on the
establishment, organization, duties and functioning of reception and protection centres for
victims of human trafficking; the draft legislation on the protection of personal data; the draft
legislation on the protection of human rights defenders; the draft decree on National Literacy
and Non-Formal Education Policy and the Draft Implementing Regulations of the Labour Code.
370. The draft legislation on Equality of Opportunities for Persons with Disabilities has gone through
the first reading by the Technical Committee for the Consideration of Texts (COTEVET) which for
purposes of making it consistent with Article 100 of the Constitution has amended its draft title to
“Law determining the fundamental principles for the integration of persons with disabilities”. This
draft legislation, validated by COTEVET, is currently pending at the General Government Secretariat
awaiting registration at the Cabinet Council.
371. The draft bill determining the terms and modalities for social protection of older persons has been
prepared and its title also amended by COTEVET to “draft bill determining the fundamental principles
governing the protection of older persons”. This text has been sent back for second reading by the
relevant Ministries, namely Ministry of Population Affairs, Labour, Employment and Social
Protection.
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