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 8 GE.19-22137

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