CAT/C/NER/CO/1 24. The State party should: (a) Provide the National Human Rights Commission with sufficient resources so that it may discharge its mandate in full, in accordance with the Paris Principles, and complete its decentralization; (b) Speed up the establishment of the national preventive mechanism and ensure that it has a preventive mandate that is in line with the Optional Protocol to the Convention and the independence, staff, resources and budget necessary for it to fulfil its mandate effectively; (c) Consider authorizing the publication by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the 2017 visit report and seek the support of the Special Fund established pursuant to the Optional Protocol for the implementation of the Subcommittee’s recommendations. Treatment of refugees and migrants 25. The Committee is concerned about certain provisions of Act No. 2015-36, which provides for a repressive approach to migration that has reportedly driven many migrants underground, exposing them to numerous forms of abuse. The Committee is concerned at the lack of information on procedures and responsibilities related to the identification of vulnerable persons, including victims of torture or ill-treatment, who are in need of international protection (arts. 11 and 16). 26. The State party should: (a) Ensure that all allegations of acts of violence or excessive use of force against migrants and asylum seekers are investigated promptly, thoroughly and impartially and that perpetrators are prosecuted and punished; (b) Take the necessary measures to ensure safe and decent reception conditions for asylum seekers and migrants in an irregular situation; (c) Formulate clear guidelines and related training programmes on the identification of asylum seekers and migrants who are in need of international protection, including victims of torture, ill-treatment and trafficking; (d) Place migrants in detention only as a measure of last resort, in accordance with the revised deliberation No. 5 of the Working Group on Arbitrary Detention, on deprivation of liberty of migrants (2018). Violence against women, harmful traditional practices, trafficking in persons and slavery 27. While noting the legislative and institutional efforts undertaken by the State party to combat trafficking in persons and slavery, including the criminalization of these practices under articles 270.1 to 270.5 of the Criminal Code, the Committee regrets the persistence of the practice of slavery and, in this regard, the low prosecution rates, the lenient penalties handed down, the limited resources allocated to eradicating these practices and rehabilitating victims. While welcoming the measures adopted by the State party to combat violence against women, including the National Strategy to Prevent and Address Genderbased Violence in the Niger and its related action plan for 2017, the Committee is concerned that customary laws continue to coexist with national laws, resulting in practices that violate the rights and freedoms provided for in the Convention. In this regard, the Committee is concerned that wahaya continues to be practised despite the fact that it is criminalized under article 270.2 of the Criminal Code and Ordinance No. 2010-86. It is also concerned that female genital mutilation continues to be practised in some regions and by some ethnic groups, despite being criminalized under article 232.2 of the Criminal Code. Lastly, the Committee wishes to express its deep concern at article 295 of the Criminal Code, which criminalizes abortion, including in cases of rape or incest. The Committee is concerned that these restrictions push women into undergoing illegal abortions that not only endanger their lives and health but also expose them to criminal penalties (arts. 2 and 16). GE.19-22137 7