Published in 2024
Legal sources
- Constitution of November 25, 2010
- Penal Code
- United Nations Convention against Corruption (2003)
- African Union Convention on Preventing and Combating Corruption
- Protocol on the Fight against Corruption of the Economic Community of West African States
- Law No. 2016-33 of October 31, 2016, on the fight against money laundering and the financing of terrorism
- Law No. 2016-44 of December 6, 2016, on HALCIA
- Ordinance No. 2010-35 of June 4, 2010, on the regime of press freedom
- Law No. 2019-33 of July 3, 2019, on the repression of cybercrime in Niger
- Law No. 2012-45 of September 25, 2012, on the Labor Code
- Ordinance No. 2011-22 of February 23, 2011, on the charter of access to public information and administrative documents
Executive Summary
Niger has ratified the United Nations Convention against Corruption and other regional conventions that commit it to incorporate tools to combat financial crime into its legislation, particularly in favour of protecting whistleblowers. However, to date, no Nigerien text explicitly refers to whistleblowing.
On the other hand, Niger has adopted a number of legislative provisions to combat financial crime and has set up bodies to monitor and combat it. Despite these advancements, financial crime, including corruption, seems to persist.
Freedom of expression and media rights are regularly restricted in Niger. This is now a major challenge for the country in a security context marked by political instability and the fight against terrorism.
Laws and measures related to whistleblowers
⮚ Ratification of international and regional conventions on the fight against corruption and the protection of whistleblowers
Niger has ratified a number of international and regional conventions that, while not using the term “whistleblower,” provide protection for individuals who may be considered as such.
At the international level, Niger ratified the United Nations Convention against Corruption of 2003. In Article 32, the Convention requires State parties to take “appropriate” measures to protect “witnesses, experts, or victims” from acts of retaliation or intimidation they may face as a result of their statements. The Convention also includes an article dedicated to the “Protection of persons reporting information” (Article 33).
Furthermore, the African Union Convention on Preventing and Combating Corruption of 2003, ratified by Niger, states in Article 5 that parties to the Convention undertake to “adopt legislative and other measures to protect informants and witnesses in cases of corruption and related offences, including their identity,” but also to “adopt measures to ensure that citizens report cases of corruption, without potentially fearing retaliation.”
At the regional level, Niger ratified in 2006 the Protocol on the Fight against Corruption of the Economic Community of West African States (2001). According to this protocol, the establishment of laws or measures aimed at effectively and adequately protecting any person who provides, in good faith, information on acts of corruption constitutes a preventive measure against corruption and money laundering. Indeed, even if the concept of whistleblowing is not explicitly used, there seems to be an indirect obligation on the part of the States parties, including Niger. Furthermore, Article 8 “Protection of witnesses” requires States parties to implement measures aimed at effectively protecting witnesses against any form of retaliation or intimidation in the context of judicial proceedings. This protection also extends to family members and any other close associates of the witnesses.
Thus, by ratifying these international and regional texts, Niger has formally committed to implementing effective protection for whistleblowers who play an essential role in the fight against financial crime.
⮚ Limited protection for whistleblowers in national legislation
At the legislative level, the Penal Code does not provide any provisions for the protection of whistleblowers, but it does penalize slanderous accusations under Article 220. In this regard, this article states that “anyone who, by any means whatsoever, makes a slanderous accusation against one or more individuals to administrative or judicial police officers, or to any other competent authority, or to the hierarchical superiors or employers of the denounced, shall be punished by imprisonment from six months to five years and a fine of 50,000 to 500,000 francs.”
Article 221 of the same code sanctions the disclosure of secrets and applies to healthcare personnel and “to all other persons entrusted, by status or profession or by temporary or permanent functions, with the secrets entrusted to them.” Thus, “persons listed in this present article who have disclosed secrets shall be punished by imprisonment from two months to one year and a fine of 10,000 to 200,000 francs, or by one of these two penalties, except where the law obliges or authorizes them to act as informants.”
The Labor Code contains no provisions protecting whistleblowers; however, Article 78 of Law No. 2012-45 of September 25, 2012, on the Labor Code states that “the following shall not constitute legitimate grounds for dismissal: – the fact of having lodged a complaint or participated in proceedings brought against an employer for alleged breaches of its obligations, or lodged an appeal with the competent administrative authorities.”
- Law on Anti-Money Laundering and Combating the Financing of Terrorism and its Protection for Whistleblowers
Niger also has Law No. 2016-33 of 31 October 2016 on the fight against money laundering and the financing of terrorism, which grants protection against civil and criminal proceedings for breach of professional secrecy to persons or managers who make reports of suspicions in good faith, declared “exempt from all penalties for breach of professional secrecy” (Article 83). Article 95 of the same law enshrines the protection of witnesses and anonymous testimony.
- Limited protection for whistleblowers under the High Authority for the Fight against Corruption and Related Offenses (HALCIA) Law
Law No. 2016-44 of December 6, 2016, on HALCIA provides protection that can apply to whistleblowers. Article 23 states that HALCIA “may be seized by any person for dated and signed denunciations concerning acts of corruption or related offences.” This article allows any citizen who witnesses illicit acts to seize this institution to sound an alarm. However, there is no guarantee of anonymity in the transmission of denunciations.
Article 27 of this law is also of great importance, as it ends with the following positive obligation: “The State ensures the protection of witnesses, experts, and whistleblowers in cases of corruption and related offences.” This article expressly enshrines the protection of “whistleblowers” in cases of corruption and related offences. However, no details are given regarding the nature of the protection granted or its implementation modalities or deadlines.
Knowledge, Support, and Action Centres
The Collective of Human Rights and Democracy Defense Organizations (CODDHD) is a group of organisations whose aim is to protect, promote and defend human rights and democracy in Niger. CODDHD strives to combat degrading and humiliating social practices, impunity and corruption. The collective is made up of more than 44 associations and organisations.
The actions of this collective consist of organizing national and international meetings, conducting training sessions on civil and political rights in schools, and organizing public conferences and seminars.
The Network of Organizations for Transparency and Budget Analysis (ROTAB Niger) is a collective of organizations, NGOs, and unions that have decided to pool their expertise to participate in the global campaign “Publish What You Pay”; this initiative is based on transparency in the extractive industry.
Among other things, the collective is working to promote transparency and good governance throughout the chain of activities related to the extractive industries and to influence, in favour of the people, the national policies and laws drawn up and implemented by the government in this area.The overall objective is to promote real transparency in this sector to contribute to the consolidation of democracy and good governance.
There is also the Nigerien Association for the Fight Against Corruption (ANLC), which is a non-political, non-profit association established in 2001. Its main objective is to fight against corruption by promoting reforms aimed at transparency in public and private management, committing to denounce and combat any act of corruption it becomes aware of in public and private management, and the emergence of an ethic aimed at promoting the moral integrity of citizens.
The association’s activities include producing reports, observing elections, raising awareness of corruption in electoral matters and investigating corruption. It has regional branches and its actions are relayed at the local level by anti-corruption clubs.
