CAT/C/NER/CO/1
28.
The State party should, as a matter of urgency:
(a)
Strengthen its institutional mechanisms for combating slavery and
trafficking, in particular the National Agency for Combating Trafficking in Persons,
including by increasing their financial and human resources;
(b)
Expedite the process of establishing a compensation fund for victims of
trafficking in persons, slavery and torture;
(c)
Conduct systematic investigations into all cases of slavery and trafficking
in persons and prosecute the perpetrators under the relevant criminal laws,
sentencing them in accordance with the seriousness of the offence;
(d)
Systematically implement the provisions of the Criminal Code
sanctioning gender-based violence and female genital mutilation and thoroughly
investigate all cases of such violence and mutilation to ensure that the perpetrators are
prosecuted and duly punished and that victims obtain redress;
(e)
Continue its efforts to train those who work in the criminal justice
system on the effective implementation of the law against female genital mutilation
and pursue existing awareness-raising campaigns;
(f)
Amend its legislation so as to decriminalize the voluntary termination of
pregnancy in cases where carrying a pregnancy to term would cause the woman
considerable suffering, where the pregnancy is the result of rape or incest, and where
the pregnancy is not viable, and ensure that women and girls who undergo abortions,
and the doctors who assist them, are not liable to criminal sanctions;
(g)
Ensure that all victims of violence have access to shelters and that they
receive the necessary medical care, psychological support and legal assistance.
Violence against children
29.
While welcoming the signing of a memorandum of understanding between the
Government of the Niger and the United Nations system in 2017, which has led to the
release of a significant number of minors prosecuted for association with armed groups, the
Committee remains concerned at the ongoing detention of minors who face charges of
terrorism and whose legal status or age cannot be determined. More generally, the
Committee is concerned that, despite the efforts undertaken by the State party, practices
that harm children, such as early marriage and descent-based child slavery, continue to be
carried out (arts. 2, 11, 12, 13 and 16).
30.
The Committee urges the State party to:
(a)
Launch systematic investigations and proceedings in response to
suspected cases of early marriage, and other forms of child abuse, so as to ensure that
the perpetrators are punished and the victims receive reparation, including
rehabilitation measures and health care that includes psychological support;
(b)
Enforce the criminalization of slavery by systematically prosecuting all
perpetrators of the offence of descent-based child slavery;
(c)
Give children the benefit of the doubt with regard to their age,
unconditionally release children suspected of association with armed groups and refer
them to institutions that can provide them with the support and rehabilitation that
they require.
Counter-terrorism measures and state of emergency
31.
While acknowledging the cross-border difficulties faced by the State party in its
struggle against non-State armed groups that carry out attacks on its territory, the
Committee is concerned at the disproportionate impact of the state of emergency that is
currently in force, and regularly extended, in the regions of Diffa, Tillabéri and Tahoua.
The Committee is further concerned that the vague and ambiguous nature of the definition
of terrorism established by Ordinance No. 2011-12 of 27 January 2011, amending and
supplementing Act No. 61-27 of 15 July 1961 establishing the Criminal Code, reportedly
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