Law establishing the rights and duties of human rights defenders in Niger
Type of instrument: Law
Status: (as of 1 November 2022)
Adopted and entered into force on 15 June 2022.
Comments on the instrument:
The law contains almost all of the rights and obligations enshrined in the Model Law but does not provide for the establishment of a Protection Mechanism. The most notable absences are the rights to freedom of movement as well as freedom from defamation and stigmatisation and protection of human rights defenders’ reputation.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Yes. Article 15 of the Law states that human rights defenders must act ‘in the utmost respect of the public interest, public order, good morals and the rights of others’, ‘refrain from using their means or approaches for the establishment of insurrectionary organisations’, ‘refrain from actions that may jeopardise social and national solidarity, national independence and sovereignty, and territorial integrity’ and ‘ensure the objectivity and credibility of information before taking any action in defence or criticism and avoid any propagation of false news’. This article is broad and could limit human rights defenders’ rights, particularly to freedom of expression and association.
Article 17 states that human rights defenders have to submit an annual report on their activities to the Ministry of Human Rights and the Court of Auditors, including funds received, their origins and use. This article could be used to arbitrarily restrict the activities of human rights defenders.
Comparison to the Model Law
Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Niger, click here.
A selection of fundamental rights for human rights defenders incorporated in the instrument:
|
Provision |
Covered? |
Analysis / articles |
|
Definition of Human Rights Defender |
FULL |
3 |
|
Right to promote and protect human rights and fundamental freedoms |
FULL |
4, 5 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
4 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
9, 17 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
4, 5 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
4, 8 |
|
Right to participate in public affairs |
FULL |
5 |
|
Right to Peaceful Assembly |
FULL |
4 |
|
Right to represent and advocate |
PART |
4 |
|
Right to freedom of movement |
NONE |
|
|
Right to Privacy |
PART |
7, 20, 26 |
|
Freedom from intimidation or reprisal |
FULL |
6 |
|
Freedom from defamation and stigmatisation |
NONE |
State obligations regarding human rights defenders in the instrument?
|
Provision |
Covered? |
Analysis / articles |
|
Obligation to respect, promote, protect and fulfil rights of human rights defenders |
FULL |
10, 11, 18 |
|
Obligation to facilitate the activities and work of human rights defenders |
FULL |
19 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
PART |
18, 20, 21 |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
23-27 |
Mechanism on the protection of human rights defenders established in the instrument?
No.
|
Provision |
Covered? |
Articles |
|
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
NONE |
|
|
Training of mechanism’s personnel on HR and fundamental freedoms |
NONE |
|
|
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism |
NONE |
|
|
Resources for adequate functioning of the Mechanism / transparency on resource usage |
NONE |
|
|
Public acknowledgment of human rights defenders work and rights (promotion of UN Declaration) |
NONE |
|
|
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
NONE |
|
|
Development of protocols and guidelines based on best practice to protect human rights defenders |
NONE |
|
|
Assist investigations for prosecuting offences against human rights defenders |
NONE |
|
|
Granting of protective measures based off off a specific risk assessment |
NONE |
|
|
Review / appeal of Mechanism decision before courts or independent authority |
NONE |
|
|
Confidentiality and personal data protection |
NONE |
|
|
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders) |
NONE |