7 April 2025
UN Committee on the Protection of the Rights of All Migrant Workers and their Families, Informal Session for NGOs and NHRIs
Aziz Abdul Muhammat, GDP Refugee Advocacy Co-ordinator
We have grown increasingly concerned about the treatment of non-nationals in Niger, especially due to EU pressure and financing to block the transit of refugees, asylum seekers, and migrants. In its response to the Committee’s List of Issues, Niger fails to adequately address several issues in paragraphs 16 to 19 (concerning Articles 16 – 22), while also confirming numerous practices which specifically violate the Convention. In light of this, we would like to make the following comments and recommendations:
- In its response to Paragraph 16, Niger confirms that irregular entry can be subject to criminal penalties, in violation of the Committee’s General Comment No.5 which emphasises the fact that irregular entry does not merit criminal sanctions. We urge the committee to recommend that Niger amend its legislation to ensure that irregular entry is not prosecuted. We equally recommend that Niger adopt measures aimed at providing effective reception and care to people who have entered the country.
- In its response to Paragraph 17–which requests information regarding border control measures and operations at reception facilities; measures to ensure detention as a last resort; and measures to prevent the detention of children and families–Niger fails to provide adequate information. While it is positive to hear about efforts to train magistrates and FDS officers in protecting migrant rights, we urge the Committee to recommend that Niger provide further details about its use of immigration-related detention, particularly with regards to the management of detention centres, and steps taken to protect children and families from detention.
- While the Committee requested disaggregated data pertaining to migrant workers in detention in Paragraph 18, Niger fails to provide any such data. We encourage the Committee to emphasise the need for this information, and to request its provision. Further, we are alarmed by Niger’s confirmation that it is detaining non-nationals in prisons alongside convicted nationals. This is a clear violation of Article 17(2) in the Convention, which stipulates that “accused migrant workers and members of their families shall, save in exceptional circumstances, be separated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.” We urge the Committee to remind Niger of this and to call for the country to cease this practice. Further, the committee should request a full list of the criminal facilities that are used for this purpose, as well as information detailing the management of these sites, the number of people detained there, and details of the legislation in place that permits this practice.
FURTHER READING
Country Page: Niger
Submission: Niger – Submission to the UN Periodic Review (October 2020)
