HRW demands suspension of Niger database to comply with human rights standards – JURIST
Human Rights Watch raised concerns on Monday about an ordinance enacted by Niger’s military general Abdourahamane Tiani. The ordinance authorizes the creation of a database containing information on individuals, groups and entities suspected of involvement in terrorist activities, which the group argued breaches the country’s obligation under the UN Convention on the Reduction of Statelessness.
In a press release, HRW urged the suspension of an August 27, 2024 ordinance, that seeks to gather information on individuals, organized groups, and entities linked to terrorist activities. The military government, the National Council for the Salvation of the Fatherland (CNSP), aims to use this measure to address national security threats at both judicial and administrative levels. Affected individuals and groups face immediate consequences, such as domestic and international travel bans, asset freezes, and the revocation of Nigerien citizenship. The revocation of nationality is a particular concern, as the press release cites Niger’s commitment to the UN Convention on the Reduction of Statelessness, which prohibits stripping citizenship if it results in statelessness.
Ilaria Allegrozzi, senior researcher at HRW, criticized the order for allowing individuals to be “labeled as suspected terrorists based on vague criteria without credible evidence.” HRW raised concerns with the CNSP earlier this month, seeking clarification on the ordinance’s compliance with human rights standards. The broad scope of the database is troubling, as it could include people for reasons unrelated to terrorism. The ordinance encompasses activities related to public peace, order, and security, which HRW warns could lead to unlawful restrictions on the rights to freedom of expression and association. Additionally, HRW highlighted the absence of clear mechanisms to challenge their inclusion in the database, warning it could cause “humiliation, fear, and uncertainty.”
Niger’s Minister of Justice and Human Rights, Alio Daouda, defended the order, asserting that it is “part of a solid legal framework, both nationally and internationally.” He referenced Nigerian Criminal Code and UN Security Council Resolution 1373, adopted after the 9/11 attacks in the US, which requires member states to implement domestic laws to combat terrorism.
Despite Daouda’s defense, HRW remains concerned about the ordinance’s compliance with international human rights standards. The country’s human rights situation has drawn international attention following the July 2023 military coup, which led to the overthrow and arbitrary detention of elected President Mohamed Bazoum, and the establishment of the CNSP. Since the coup, Amnesty International reported human rights violations, including political detentions, unlawful killings, and sexual violence. The US Department of State also documented in its 2023 Human Rights Report further concerns about judicial independence, and the unlawful recruitment of child soldiers.
