Niger

Draft contains almost all rights and obligations in the Model Law. Articles establishing a Protection Mechanism are scant and with few substantive provisions.

Law No. … On the Rights and Responsibilities of Human Rights Defenders

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
In progress; Submitted to the Minister of Justice.

Comments on the instrument:
The draft law contains almost all of the rights and obligations enshrined in the Model Law. The most notable absences are of the rights to freedom from defamation and stigmatisation and protection of human rights defenders’ reputation. The articles that establish a Protection Mechanism are scant and with few substantive provisions.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No


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

2

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

10, 17

Right to freedom of expression and to seek, receive and disseminate Information

FULL

5

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

4, 9

Right to participate in public affairs

FULL

5, 6

Right to Peaceful Assembly

FULL

4

Right to represent and advocate

FULL

11

Right to freedom of movement

NONE

 

Right to Privacy

PART

8, 20, 26

Freedom from intimidation or reprisal

FULL

7

Freedom from defamation and stigmatisation

NONE

 

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

12, 13, 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

FULL

20, 21, 22, 23

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

24-32

Mechanism on the protection of human rights defenders established in the instrument?
Yes, through title IV.

Provision

Covered?

Articles

Cooperation with human rights defenders, civil society, and national and international human rights bodies

FULL

33, 34

Training of mechanism’s personnel on human rights and fundamental freedoms

NONE

 

Periodic reviews with independent experts and CSOs on the functioning of the Mechanism

NONE

 

Resources for adequate functioning of the Mechanism / transparency on resource usage 

NONE

 

Public acknowledgement 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 practices to protect human rights defenders

FULL

35

Assist investigations for prosecuting offences against human rights defenders

NONE

 

Granting of protective measures based off a specific risk assessment

FULL

35

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) 

FULL

35

Quick access

Draft Law