In a welcome development, Niger’s legislators adopted a law on human rights defenders in June 2022, months after the Council of Ministers approved a bill amending the Repression of Cybercrimes Law, hereby removing prison sentences for defamation and insults via information systems.
Meanwhile in June 2022, the pro-democracy movement Tournons la Page (TLP) published a report on the state of Niger’s civic space. In ‘Niger: Civic Space on the Brink of Extinction’, the movement outlines the repressive laws undermining fundamental freedoms, and civic space violations they have documented since 2014. Violations include mass arrests of activists and journalists, systematic bans of protests and internet disruptions and blackouts.
[Magazine-justice]
— Studio Kalangou (@studio_kalangou) August 8, 2022
Pour promouvoir et défendre les droits humains, l’Etat du Niger a adopté le 20 juin une loi qui protège les défenseurs des droits de l’homme.
Ecoutez Garba Illou, Pr du comité de pilotage des OSCs sur la défense des droits de l’homme.https://t.co/QI0R8dDq9r
National Assembly adopts Law on human rights defenders (HRDs)
Niger’s National Assembly adopted, on 15th June 2022, the Law establishing the Rights and Duties of Human Rights Defenders. The law, which contains 29 articles, aims to guarantee a safe and conducive environment for HRDs, enabling them to carry out their activities and to protect them from attacks, reprisals or unjustified legal restrictions. It also obliges HRDs to observe the fundamental principles of human rights such as non-violence, impartiality and respect for laws and regulations. The law further establishes a specific protection to women human rights defenders (WHRD) and HRDs with disabilities.
Abdoulaye Kanni, coordinator of the Collective of Human Rights and Democracy Organisations (Collectif des Organisations de Défense des Droits de l’Homme et de la Démocratie – CODDHD) commented:
“The adoption of the defenders’ law is the logical outcome of the work carried out since 2015, that is 7 years. Its aim is to protect human rights defenders in Niger and it takes into account the specificities of women human rights defenders and defenders with disabilities. It addresses the current shortcomings even if there is space for improvement”
Niger is the fourth African country that has adopted a law on the protection of HRDs, after Côte d’Ivoire in 2014, Burkina Faso in 2017 and Mali in 2018.
#Niger: critiqué, le gouvernement dilue la loi relative à la cybercriminalité https://t.co/g8sBaiNiMN via @beninwebtv
— Benin Web TV (@beninwebtv) April 28, 2022
Council of Ministers adopts amendment to restrictive Cybercrime Law
In another positive legal development, the Council of Ministers adopted, in April 2022, revisions to the restrictive Law on the Repression of Cybercrimes, Law 2019-33 of 3rd July 2019. With these revisions, defamation and insults via electronic information systems will no longer lead to custodial sentences but to fines. According to the Council of Ministers, the move aims to harmonise the law with Ordinance 2010-35 of 4th June 2010 on Press Freedom, which does not provide prison sentences for defamation and insult. The amendment bill will be presented to the National Assembly. Souleymane Brah of the Maison de la Presse du Niger commented:
“We have always denounced this law (...) as a draconian law. It does not promote press safety in Niger. Many colleagues were arrested, such as Moussa Aksar. The government has understood that there is a need to move towards the promotion of press freedom in Niger”
As reported previously on the Monitor, the Repression of Cybercrimes law has, since its enactment, been used to silence dissenting voices, including journalists.