Freedom in the World 2001 - Niger

2001 Scores

Status: Partly Free
Freedom Rating: 4.0
Civil Liberties: 4
Political Rights: 4

Ratings Change

Niger's political rights and civil liberties ratings changed from 5 to 4 due to further consolidation of political reforms and a general easing of repression.

Overview

The government of President Mamadou Tandja continued efforts to make political reforms and improve human rights, although a coalition of opposition parties complained of exclusion. Hundreds of supporters of the opposition Coordination of Democratic Forces protested in the capital, Niamey, in October 2000, accusing the government of denying its activists government jobs and access to state-run media. The Tandja administration, however, maintains good relations with the country's political opposition. Restrictions on the press have eased significantly under Tandja, but harsh penalties continued to be imposed at times.

After gaining independence from France in 1960, Niger was governed for 30 years by one-party and military regimes dominated by leaders of Hausa or Djerma ethnicity. After 13 years of direct military rule, Niger was transformed into a nominally civilian, one-party state in 1987 under General Ali Seibou. International pressure and pro-democracy demonstrations led by the umbrella organization Niger Union of Trade Union Workers forced Niger's rulers to accede to the Africa-wide trend towards democratization in 1990. An all-party national conference drafted a new constitution that was adopted in a national referendum in 1992.

Mahamane Ousmane, of the Alliance of Forces for Change, won a five-year term as the country's first democratically elected president in 1993 in elections deemed free and fair. General Ibrahim Baré Maïnassara overthrew Ousmane in 1996 and won fraudulent elections later that year. Maïnassara was assassinated in April 1999 by members of the presidential guard. Major Daouda Malam Wanke, the head of the guard, led a transitional government until elections were held the following November. A referendum on a new constitution was held in July 1999.

Niger is one of Africa's poorest countries and officials have warned of the threat of famine due to drought. The country has been struggling under a burdensome foreign debt, a portion of which international donors agreed to write off in December 2000.

Political Rights and Civil Liberties

The people of Niger have had two chances, in 1993 and 1999, to change their leaders democratically. The July 1996 presidential election that followed the January 1996 military coup was held under a revised constitution and was not deemed free or fair by independent observers. Polls in 1999 were considered free and fair. A first round of presidential elections was held in October 1999. Tandja won the runoff in November with 60 percent of the vote.

Parliamentary elections in November 1996 were held in an atmosphere of intense intimidation and were boycotted by most opposition parties. In 1999, Tandja's party, the National Movement for the Development of Society, and its partner, the Democratic and Social Convention, achieved a two-thirds majority in the national assembly by winning 55 of the 83 seats. The other coalition, the Nigerien Party for Democracy and Socialism and the Rally for Democracy and Progress, won the other 28 seats.

The constitution provides for an independent judiciary, but courts are subject to executive interference and limited by scant training and resources. The supreme court on occasion has asserted its independence. The president is "politically unprosecutable," except in the case of treason, and may exercise exceptional powers in a crisis.

Respect for human rights has improved under the government of President Tandja. However, pretrial detention remains a problem, and detainees are often held for months or years. Prisons are characterized by overcrowding and poor health and sanitary conditions. The International Committee of the Red Cross and other humanitarian groups have unrestricted access to prisons and detention centers. Human rights and other nongovernmental organizations operate openly and freely in the country, and publish reports that are often highly critical of the government.

Constitutional guarantees of freedom of assembly and association are generally respected. Freedom of religion is respected, although, at times, Muslims have not been tolerant of the rights of minority religions to practice their faith. Political parties formed on religious, ethnic, or regional bases are barred. Islam is practiced by more than 90 percent of the population. Conservative Muslims in November violently demonstrated against a fashion show outside of Niamey that they called "satanic." The government banned eight Islamic associations following the violence. More than 200 protesters were detained briefly.

Discrimination against ethnic minorities persists, despite constitutional protections. The Hausa and Djerma ethnic groups dominate government and business. Tandja is the country's first president who is from neither group. Nomadic people, such as the Tuaregs and many Peul, continue to have less access to government services. The Maïnassara regime in 1999 forged a peace pact with the Democratic Revolutionary United Front, which is composed mostly of minority ethnic Tobou people in southeastern Niger, ending the country's last serious insurgency.

Constitutional protections for free expression are guaranteed and are usually respected in practice. The National Communications Oversight Group was created in 1999 to provide for independence of the media and ethics in journalism. A government newspaper and at least a dozen private publications circulate; some of them are loosely affiliated with political parties. There are at least six private radio stations, some of which broadcast in local languages.

The founder and owner of the weekly L'Enqueteur, Sumana Maiga, was sentenced to eight months in prison and fined in November 2000, following publication of an article about the dispute between Benin and Niger concerning the island of Lete. The newspaper's managing editor and a journalist received six-month suspended sentences and were fined for "disturbing the public order" and "spreading false information." Reporters Sans Frontieres said their trial was marked by irregularities, notably by the court's being unable to establish bad faith on the part of the journalists. L'Enqueteur ceased to appear as of October 25.

Women suffer extensive societal discrimination, especially in rural areas. Family law gives women inferior status in property, inheritance rights, and divorce. Islamic conservatives have squelched moves to amend portions of the legal code most discriminatory against women. Domestic violence against women is reportedly widespread. The government in August 1999 ratified the Convention for the Elimination of All Forms of Discrimination Against Women, angering some Islamic groups. Several women's rights organizations operate in the country.

Notice of intent must be given and negotiations attempted before a strike is legal, and workers can be required to provide essential services. Collective bargaining agreements are negotiated under the framework of a tripartite agreement among the government, employers, and unions.