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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr.
GENERAL
CRC/C/3/Add.29/Rev.1
17 October 2001
ENGLISH AND FRENCH ONLY
Original: FRENCH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1992
NIGER
GE.01-45199 (E) 101201
281201
CONTENTS
Paragraphs Page
I. GENERAL MEASURES OF
IMPLEMENTATION 1 - 11 5
A. The measures taken to harmonize national
law and
policy with the provisions of the Convention 1 -
3 5
B. Existing mechanisms or programmes for coordinating
policies
relating to children 4 - 7 5
C. Information and advocacy 8 -
11 6
II. DEFINITION OF THE CHILD 12 - 43 7
III. GENERAL
PRINCIPLES 44 - 72 11
A. Non-discrimination (art. 2) 44 -
51 11
B. Best interests of the child (art. 3) 52 -
55 12
C. Right to life, survival and development (art. 6) 56 -
63 12
D. Respect for the views of the child (art. 12) 64 -
72 13
IV. CIVIL RIGHTS AND FREEDOMS 73 - 119 14
A. Name and
nationality 73 - 81 14
B. Preservation of identity 82 -
84 16
C. Freedom of expression 85 - 89 16
D. Access to
information (art. 17) 90 - 96 17
E. Freedom of thought, conscience and
religion (art. 14) 97 - 103 17
F. Freedom of association and of
peaceful assembly
(art. 15) 104 - 109 18
G. Protection of privacy
(art. 16) 110 - 111 19
H. The right not to be subjected to torture or
other cruel,
inhuman or degrading treatment or punishment
(art. 37)
112 - 119 19
CONTENTS (continued)
Paragraphs Page
V. FAMILY ENVIRONMENT AND
ALTERNATIVE CARE 120 - 168 20
A. Parental guidance (art. 5) 120 -
124 20
B. Parental responsibility (art. 18, paras. 1-2) 125 -
128 20
C. Separation from parents (art. 9) 129 -
138 21
D. Family reunification (art. 10) 139 -
140 23
E. Recovery of maintenance for the child (art. 27) 141 -
144 23
F. Children deprived of a family environment (art. 20) 145 -
149 23
G. Adoption (art. 21) 150 - 155 25
H. Periodic review
of placement (art. 25) 156 - 159 25
I. Illicit transfer and non-return
(art. 12) 160 26
J. Abuse and neglect, psychological recovery and
social
reintegration (art. 19) 161 - 168 26
VI. HEALTH AND
WELFARE 169 - 271 27
A. Survival and development (art. 6, para. 2)
169 - 208 27
B. Disabled children (art. 23) 209 -
217 34
C. Health and health services (art. 24) 218 -
245 35
D. Social security (art. 26) 246 - 249 41
E. Childcare
facilities (art. 18, para. 3) 250 - 252 41
F. Standard of living (art.
27, paras. 1-3) 253 - 271 42
VII. EDUCATION 272 -
337 44
A. Education, including vocational training and guidance 272 -
319 44
B. Aims of education (art. 29) 320 - 325 57
C. Leisure
and cultural activities (art. 31) 326 - 337 59
CONTENTS (continued)
Paragraphs Page
VIII. SPECIAL PROTECTION
MEASURES 338 - 406 62
A. Refugee children (art. 22) 338 -
344 62
B. Children in armed conflicts (art. 38) 345 -
350 63
C. Administration of juvenile justice (art. 4) 351 -
358 63
D. Children deprived of their liberty 359 -
368 64
E. The sentencing of juveniles 369 - 373 65
F. Physical
and psychological recovery and social
reintegration (art. 39) 374 -
377 66
G. Children in situations of economic
exploitation,
including child labour (art. 32) 378 -
387 67
H. Drug abuse 388 - 394 69
I. Sexual exploitation and
sexual abuse (art. 34) 395 - 403 71
J. Sale, trafficking and abduction
(art. 35) 404 73
K. Children belonging to a minority (art. 30) 405
- 406 73
Conclusion 407 - 421 73
I. GENERAL MEASURES OF IMPLEMENTATION
A. The measures taken to harmonize national law and policy
with
the provisions of the Convention
Legislative measures
1. The State’s determination
to harmonize national law with the provisions of international instruments is
reflected in the
Ordinance establishing the National Commission on the Reform of
Civil and Criminal Legislation. The Commission has just submitted
a draft bill
on minors, in support of such other legislation as Act No. 67-15 of 18 March
1967 on protection of the civil interests
of minors and the Decree of 15 June
1967 establishing prisons and prison quarters for juveniles. The State has also
set itself the
goal of establishing juvenile courts by the year 2000. Ten
juvenile magistrates have been trained to that end.
2. In
the administrative sphere, there are several agencies that deal with children in
difficulty, including the SOS Village and the
orphanage, the “Guidan
Yara” day-care centre, the social services of the Ministry of Justice,
the shelter for abandoned children and the Dakoro reeducation
centre,
established on 14 November 1952. Another measure taken to help children
exercise their rights was the establishment in 1993
of the Department for Child
Protection in the Ministry of Social Development. A third was the establishment
of a “survival”
division within the Ministry of Health. Due to the
emergence of non-governmental organizations (NGOs) and other associations
concerned
with the right to participation, a project to develop a national
coalition for the defence of children’s rights is under way,
aimed
especially at encouraging children’s participation.
3. Finally, to
coordinate efforts on behalf of children, the National Programme of Action for
the Survival, Protection and Development
of Children was elaborated in
1992.
B. Existing mechanisms or programmes for coordinating
policies
relating to children
4. The National
Programme of Action for the Survival, Protection and Development of Children was
elaborated in 1992 with the help
of Niger’s partners. The Programme,
which encompasses the fields of education, health, environment, justice, labour
and leisure,
was adopted by the Council of Ministers and entered into effect on
22 June 1992. Its principal objective is the well-being of mothers
and
children.
5. Under the National Programme of Action, strategies have been
defined to implement measures for the protection, survival and development
of
children and to disseminate regional and international instruments relating to
children’s rights.
6. The National Committee for the Survival,
Protection and Development of Children, established in 1991, has been made
responsible
for the implementation of this programme. The following are the
Committee’s goals:
To ensure that the “child first” principle is always taken into account in the preparation of development projects and determination of budgetary allocations;
To operate at all times as the national agency in charge of advocacy and mobilization on behalf of the children of Niger;
To ensure the implementation of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child;
To publish an annual report on the situation of children in Niger, on the
anniversary of the World Summit for Children.
The Committee is under the
responsibility of the Ministry of Social Development, Population, Advancement of
Women and Protection of
Children. The Department of Child Protection is the
steering committee for its permanent secretariat, whose membership includes
all
the partners involved in the implementation of the Convention.
7. A
considerable effort has been made to implement the programme, especially in the
area of survival and development (education,
health). A health sector policy is
being implemented throughout the country. A new educational policy has recently
been developed
and is in the process of being introduced. However, its
implementation, which cost a total of 14 billion CFA francs for the period
1991-2000, has been only partially completed due to difficulties of a political
and administrative, as well as economic and financial,
nature.
C. Information and advocacy
1. Measures taken to make the provisions of the Convention widely known
8. With regard to the
dissemination of the Convention pursuant to article 42, extensive
awareness-raising campaigns on children’s
rights are conducted regularly
in Niger. They take the form of symposia and seminars on children’s
rights, radio and television
programmes designed and carried out for children
and with their help, sketches on human rights performed in the schools by
certain
NGOs and the commemoration of the Day of the African Child and
International Children’s Day, on which occasions information
on
children’s rights is made widely available. To facilitate the
dissemination of the Convention, a study is under way on
the perception of
children’s rights at the grass-roots level.
9. The study should
clarify the concepts of “discrimination”, “equity”,
“equality” and “justice”
and seek linguistically
appropriate expressions to facilitate dissemination. The results of the study
will be used by the communicators
responsible for promoting the
Convention.
2. Measures undertaken to make the initial report widely
available
to the public at large in Niger
10. Pursuant
to article 44, paragraph 6 of the Convention, measures have been taken to make
the report submitted pursuant to its relevant
provisions widely available to the
public in Niger. The first draft of the report was based on the results of a
workshop attended
by representatives of all sectors of society: ministries,
public utilities, NGOs and other religious associations, representatives
of
management and labour, etc. Next, a select committee was established and asked
to prepare a final document on the basis of the
draft. The document prepared by
the committee was in turn made widely available to the ministries, public
utilities, NGOs, associations
and representatives of management and labour for
comment.
11. The document was sent to the country’s regions and
subregions, where regional and subregional committees on the survival,
protection and development of children were asked to gather the comments of the
entities concerned and transmit them to the permanent
secretariat of the
National Committee for inclusion in the initial report. The document was also
made widely available to development
partners, such as embassies, international
organizations (UNICEF, UNDP, WHO, World Bank, European Development Fund, etc.),
NGOs and
other associations and opinion leaders (traditional chiefs, imams). In
the final stage, the parties approved the document by consensus
and it was
officially transmitted to the Government for adoption.
II. DEFINITION OF THE CHILD
12. The word “child” is normally
accepted as referring to the period of human life from birth through puberty.
The duration
of this period, however, varies from one body of legislation to
another.
Age of majority
13. Pursuant to Decree No. 62-221/MJ of 25
August on the implementation of articles 5, 36 and 51 of Act No. 62-11 of 16
March 1962
on the organization of the justice system, the administration of
justice in Niger draws its authority from two legal sources: laws
and
custom.
14. The Civil Code sets the age of majority at 21 years. Article
338 of the Code defines a minor as being an individual of either
sex who has not
yet reached the age of twenty-one (21).
15. The Mandel Decree of 13 July
1939 sets the age of marriage at 14 for girls and 16 for boys.
16. Under
the Constitution, the Electoral Code and articles 46 and 47 of the Criminal
Code, majority is attained on reaching the age of 16. This is also the
age set
by the international treaties relating to children to which Niger has
subscribed, namely the Convention on the Rights of
the Child and the African
Charter on the Rights and Welfare of the Child.
17. The second source of
law is custom, pursuant to article 51 of the Act on the organization of the
justice system, which states
that, subject to the observance of legislative
provisions or fundamental rules relating to public order or personal freedom,
the
courts shall apply customary rules in cases involving the capacity of the
parties to enter into contracts and institute legal proceedings,
personal
status, family, marriage, divorce, filiation, succession, donations and
wills.
18. Custom does not provide for an age of majority. The stage at
which certain communities begin to marry their children is puberty.
In such
cases the age varies from 9 to 16 years for girls and from 14 to 18 years for
boys.
19. In order to adapt the laws and regulations in force concerning
majority to international instruments, the Commission on the Reform
of Civil and
Criminal Legislation was asked to harmonize the ages of civil, civic and
criminal majority.
Sexual consent
20. Sexual consent is protected by both custom
and law in that, on the one hand, rape is traditionally considered to be a
shameful
act rendering its perpetrator liable to exile and, on the other, rape
is punishable under the Criminal Code of Niger, which defines
it as a man having
sexual relations with a woman against her will (art. 283). Punishment may
entail a prison term of 15 to 30 years.
21. However, protection of sexual
consent is somewhat limited under customary law by the problem of early
marriage. Indeed, what
is the value of consent to marriage when it is given by
a girl of 10, 12 or even 9 years of age?
Consent to marriage
22. Article 144 of the Civil Code prohibits
marriage before the age of 18 for boys and 15 for girls. However, it provides
that consent
from ascendants shall be necessary for marriages between
minors.
23. It should be noted that the Civil Code is virtually never
applied in Niger due to the existence of two other sources of law, one
in
the official sphere (Act No. 62-11 of 16 March 1962 on the
organization of the justice system) and the other in the practical
sphere (Muslim law).
24. Regarding official law, article 51 of the
above-mentioned Act states that matters relating to marriage are governed by
custom.
25. Most customs view marriage as a family or community affair,
where the consent of those concerned is of only relative
importance.
26. Muslim law makes the consent of the future spouses
necessary. However, a father may propose a spouse of his choice in the interest
of the children, especially daughters.
27. The application of custom to
marriage often leads to early marriage without the consent of those
concerned, leading in turn to
serious social problems (prostitution, health
problems, etc.). To improve this situation, the State and several associations
and
NGOs conduct extensive media campaigns to raise awareness of the risks
involved in this practice.
End of compulsory education
28. Parents in Niger are under an obligation to
send their children to school. The Act on the Education System in Niger,
adopted
in March 1998, makes school attendance compulsory for
children aged 4 to 16. Unfortunately, parents’ prejudices towards the
school system, their precarious financial and economic
means and the lack of
school infrastructure have seriously undermined this
obligation.
29. Nevertheless, measures are being taken to ensure
schooling for children in Niger. For example, when its anti-poverty programme
was presented at the Round Table held in Geneva in March 1998, the State pledged
to take the necessary action to raise primary enrolment
and literacy rates in
the rural areas, particularly among girls and women respectively. Among the
objectives sought is a rise in
school enrolment from 29 per cent in 1996 to 35
per cent in 1999, 55 per cent in 2010 and 70 per cent in 2015. To that end
improvements
in teacher training and school conditions for both teachers and
pupils are planned.
Child labour
30. Child labour is governed by Ordinance No.
96-039 of 29 June 1996 instituting the Labour Code of the Republic of Niger.
The Ordinance
includes protective mechanisms for children. Its provisions
strictly prohibit night work by children, employment of children under
14 years
of age and employment of children to perform work that is recognized as beyond
their strength. Niger has ratified the International
Labour Organization (ILO)
Minimum Age Convention (No. 138).
31. Article 135 of Decree No.
67-126/MFP/T of 7 September 1967 introducing the regulations governing the
Labour Code prohibits the
employment of children in work that is beyond their
strength, likely to harm their development, dangerous, or, by its nature or the
conditions under which it is performed, likely to undermine their
morals.
Half-time employment
32. Article 127 of the
Decree authorizes light work by children, outside school hours, provided it does
not affect their school attendance
or ability to benefit from the instruction
they receive. During school hours, such work should not exceed two hours per
day. Outside
school hours, it should not exceed four hours per
day.
33. The Decree authorizes light housework and agricultural work
(gathering, collecting and sorting).
Dangerous labour
34. Article 138 of the
Decree prohibits the employment of children in any work that might endanger
their lives or health. Niger has
pledged to ratify the ILO Worst Forms of Child
Labour Convention, 1999 (No. 182). In addition, the National Programme of
Action
and the sectoral plans have, on the basis of 600 surveys provided for
measures to eliminate the most intolerable forms of child labour
and to improve
children’s social and vocational situation.
Medical treatment
35. Children in Niger may
obtain medical treatment freely without parental authorization. However,
article 2, paragraph 2 of Ordinance
No. 88-129 of 7 April 1998 authorizing
contraception requires minors wishing to use modern contraceptive methods to
seek due authorization
from their parents or guardians.
Voluntarily giving testimony in court
36. Children in Niger may
freely testify before a court; however, they may not swear an oath. Article 103
of the Code of Criminal
Procedure provides that children below the age of 16 do
not have to swear an oath in order to be heard.
Consumption of alcohol
37. The criminal
legislation protects children against alcohol consumption. The Criminal Code
lays down 10 days’ to 2 months’
imprisonment and/or a fine of 20,000
CFA francs for any publican who serves alcohol to or admits a manifestly drunken
individual
or serves spirits or alcoholic beverages to minors under 18 years of
age.
Criminal liability
38. Article 45 of the Penal Code
states that minors under 13 years of age do not have criminal liability. Minors
from 13 to 18 who
have committed an offence shall be acquitted if it can be
proved that they acted without due discernment. If they acted with discernment,
their penalty shall be reduced.
Enlistment into the army and national service
39. Military service in
general is governed by Ordinance No. 96-033 of 19 June 1996 establishing the
conditions for performing national
service. The Ordinance establishes a
national service aimed at providing civic and moral education to strengthen
national unity
and national defence and prepare young people for the labour
world. National service is an obligation for all citizens of Niger,
of both
sexes, through the age of 25, with the exception of unfit or exempt persons. It
may take the form of military service, national
civil service or national
participatory service.
40. The Military school provides an appropriate
framework for introducing children to military life.
41. Decree No.
97-459/PRN/MDN of 26 December 1997 on the establishment and organization of a
military school established the Prytanée militaire de Niamey (PMN)
within the armed forces of Niger. Its objective is to provide the children with
moral, intellectual, physical and military education
in order to prepare them to
enter specialized higher education institutions in the military or civilian
sphere.
42. Admission to the Prytanée takes place
through competitive examination and is open to young men holding a primary
school leaving certificate. Prytanes follow a general course of
education leading to the BEPC and baccalaureate degrees together with military
training administered by
the military instruction division.
43. The
Decree does not provide for an age of admission into the Prytanée.
However, the leaving age for the primary level varies from 11 to 13
years.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
1. Legislative, administrative or judicial measures
44. As
stated in the preamble to its Constitution, Niger has ratified the Universal
Declaration of Human Rights, the African Charter on Human Rights and the African
Charter on the
Rights and Welfare of the Child.
45. In addition,
article 8 of the Constitution guarantees all citizens of Niger equality before
the law, regardless of sex or social, racial, ethnic or religious
origin.
2. Difficulties encountered
46. Despite these constitutional provisions,
huge disparities exist, in particular in the area of education. Although the
principle
of equality is stated in the Constitution and all instruments relating
to education, there are disparities in access to education and health care
according to area and according
to gender.
47. The school enrolment rate
is higher in urban than rural areas, higher in sedentary than nomadic areas,
and, finally, higher among
boys (36.21 per cent) than girls (20.63 per cent);
illiteracy is also higher among women (92 per cent) than men. The reason for
this situation is that parents in rural areas are reluctant to send their
children (particularly girls) to school, which they view
as having a negative
cultural influence. Unfortunate incidents of unwanted pregnancies among girls
attending school have strengthened
this prejudice. To counter this difficulty,
the Act on the Education System in Niger, adopted in March 1998, aims at
guaranteeing
all children equal access to school.
48. School enrolment
for children from 4 to 16 years of age is compulsory by law, regardless of sex,
religion or social, racial or
ethnic origin.
3. Progress, priorities and goals
49. Measures are being taken under the National Programme of Action to reduce
these disparities, in cooperation with Niger’s
development
partners.
50. Extensive awareness-raising campaigns are conducted, through the media,
on the need to educate girls. In addition, the increasing
responsibilities held
by women in the administration (woman ministers, deputies, mayors, judges,
public service directors, etc.)
have had the effect of lessening the reluctance
of certain parents to send their daughters to school.
51. Finally, the
Office of the High Commissioner for the Restoration of Peace is working to
promote school enrolment for nomad children.
B. Best interests of the child (art. 3)
52. In decisions taken at
both family and State level as much consideration as possible is given to the
best interests of the child.
53. The justice system constantly refers to
the best interests of the child with regard to adoption, placement, custody and
even pre-trial
detention for children in conflict with the law. Despite these
provisions, inquiries have to be conducted to determine whether the
procedure is
justified.
54. The State focuses considerable effort on making health
care and education accessible to all children. The Act on the Education
System
is aimed at guaranteeing all children access to school and article 2 of Decree
No. 96-224-PCSN/MSP of 29 June 1996 establishing
implementing arrangements for
Act No. 95-014 of 3 July 1995 concerning recovery of the cost of primary health
care in the non-institutional
sphere states that participation rates shall be
set by local councils, which are required to take account of the real cost of
the
services provided, the people’s ability to contribute and the need to
provide steady improvement in care. This provision reflects
the
legislator’s desire to provide access to primary health care for
all.
55. In practice, however, decisions taken at the family level are
occasionally at variance with the provisions of the Convention in
this area.
Examples are marriage of daughters and attribution of custody in cases of
divorce or repudiation; some decisions taken
in this area cause emotional harm
to both mothers and children.
C. Right to life, survival and development (art. 6)
1.
Legislative, administrative or judicial measures
56. Article
11 of the Constitution protects the right to life.
57. The right to life
is also protected by the Civil Code.
58. The Criminal Code protects the
right to life from conception (articles 295 and 296 lay down punishment for
abortion) through birth
(article 243 lays down punishment for the murder of a
newborn). In addition to abortion and infanticide, the Code also lays down
punishment for the abduction, concealment or neglect of a child as well as
failure to hand it over to the person entitled to its
custody (arts. 253 et
seq.).
59. The State has taken measures aimed at protecting the right
to life. The introduction of sex education into the school curriculum
in order
to raise young people’s awareness of contraception, the risks of sexually
transmitted diseases and abortion is also
aimed at preserving the right to life,
survival and development. Other measures are the Expanded Programme of
Immunization (PEV),
the goal of which is to vaccinate all children in Niger, and
the National Programme of Action for the Survival, Protection and Development
of
Children, which aims to reduce malnutrition and infant mortality rates through
appropriate health-care policy and medical treatment
and by improving
children’s living conditions.
60. Society at large also works
towards protection of children’s right to life, survival and development.
Several NGOs are
working to curb the main obstacles and threats to
children’s lives: action to combat harmful traditional practices,
sensitization
to the need for contraception to avoid unwanted pregnancies, hence
abortions and action to combat malnutrition and childhood diseases,
including
the promotion of exclusive breastfeeding.
2. Difficulties encountered
61. The breakdown of the family unit mentioned
above, leading to such harmful consequences as juvenile delinquency and
prostitution
among increasingly younger girls who are often untrained in
contraceptive methods, resulting in increasing numbers of unwanted pregnancies,
is one of the difficulties encountered in this area.
62. For this reason
illegal abortions, which are violations of the right to life, are occurring with
increasing frequency. Lack of
access to contraceptive methods, the growth of
increasingly early sexual behaviour, the fact that abortion is punishable and
the
lack of information on the subject are also leading to numerous cases of
infanticide.
63. For example, a third of the cases on the docket of the
Assize Court in Tahoua in 1997 concerned infanticide. The same is true
of the
latest docket of the Assize Court in Niamey, where 11 cases out of 34 concerned
infanticide.
D. Respect for the views of the child (art.
12)
Legislative, administrative or judicial measures
64. Article
12 of the Convention places particular emphasis on freedom of
expression.
65. Both article 23 of the Convention and the regional
instruments to which Niger has subscribed (African Charter on Human and
Peoples’
Rights, article 9, and the African Charter on the Rights and
Welfare of the Child) grant everyone, regardless of age, freedom of
expression.
66. Young people exercise freedom of expression through clubs
(commonly called “Fadas”), and through school associations
established under Ordinance No. 84-06 of 1 March 1984.
67. Public and
private radio programmes and television programmes designed and run by young
people themselves are other ways in which
children’s freedom of expression
is guaranteed.
68. Traditional society, too, provides children with means
of expression. In traditional society, although children of a certain
age
receive an upbringing that does not enable them to turn to adults directly, they
are allowed to express themselves through people
accessible to them, who in turn
ensure that their opinion is respected. Children also have other means of
expression such as the
Wassankara, a traditional holiday in certain
regions of Niger, consisting of comic sketches in which children imitate
politicians and administrative
and local authorities.
69. To ensure
respect for the views of the child in conformity with the Convention, the State
has made a considerable effort to enable
children to express themselves freely
every year on the Day of the African Child, 16 June. On that day, which is
organized by the
National Committee for the Survival, Protection and Development
of Children and attended by the highest State authorities (President
of the
Republic, President of the National Assembly, Prime Minister), 10 children
are chosen from among the most disadvantaged sectors
of the population to
address messages to the various sectors of society on the survival, protection
and development of children.
70. In an entirely different sphere, the
State involves school children in issues relating to their future. The
educational path
to be taken after the BEPC and Baccalaureate degrees is chosen
by the parents in consultation with the children concerned.
71. NGOs and
other associations also work to see that the views of the child are respected.
The Niger Association of Artists, Intellectuals
and Communicators for Children
(ANAICE) is considering the establishment of a children’s parliament in
the very near future.
72. Unfortunately, efforts to protect freedom of
expression in conformity with the provisions of the Convention affect children
in
urban areas much more than rural children, who are by far the most
numerous.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality
1. Legislative, administrative or judicial measures
73. The
right of everyone to a name was granted by the French Civil Code of 1830, which
was made applicable to Niger by the Decree
of 6 August 1901 and by article 76 of
the Constitution of 12 May 1996, which makes it an inalienable
right.
74. Articles 23, 24, 25, 32 and 43 of Ordinance No. 8505 of
29 March 1985 on the organization and functioning of the Civil Register
state
that the declaration of a birth is an obligation for parents and
witnesses.
75. Article 251 of the Penal Code establishes penalties for
failure to declare a birth to the competent authority within the legal
time
limits.
76. Concerns under article 7 of the Convention relating to
nationality are met by the provisions of Ordinance No. 84-33 of 23 August
1984
on the Nationality Code of Niger. Pursuant to article 8, any person born in
Niger of a direct ascendant in the first degree
also born there has the
nationality of Niger.
77. A child born in Niger of unknown parents has
the nationality of Niger pursuant to article 10, paragraph 1. He may lose
nationality
only if, during his minority, his filiation has been established in
respect of a foreigner and the nationality legislation of the
country of that
foreigner recognizes him as having the latter’s nationality (art. 10,
para. 2).
2. Difficulties encountered
78. The main difficulty
lies in the fact the people are unfamiliar with the civil register legislation,
despite some timid awareness-raising
campaigns. In addition, the establishment
of civil register acts is not a major concern for people living in rural areas,
who make
up the majority of the population of Niger.
79. These population
sectors are still influenced by the past, when registering a child’s birth
was seen as a tax to be paid
in the future or a pair of hands lost to
agricultural work through school. Lack of financial resources prevents the
State from sustaining
awareness-raising campaigns on the need to declare family
events (marriages, births, deaths, migrations).
80. The following are the
figures for nationality certificates issued by the presiding magistrate of the
Niamey court:
1995 11,074
1996 11,282
1997 10,317
Most
applicants are students preparing examinations and persons preparing to
migrate.
3. Progress achieved
81. To meet the shortage of
principal registry centres, the State, with support from international
organizations, including the World
Bank and the United Nations Population Fund,
has trained auxiliary workers to staff secondary centres established for that
purpose.
Several NGOs and associations have been formed to raise the
people’s awareness of the need to register events such as births,
marriages and deaths.
B. Preservation of identity
Legislative, administrative or
judicial measures
82. According
to both law and custom, all children born in wedlock take their father’s
name. Changes of name are authorized
by law (Civil Code). In such cases, the
applicant sends the president of the court an application specifying the reasons
for the
name change.
83. The ordinance relating to civil status
stipulates that children born out of wedlock and not recognized shall take their
mother’s
name.
Statistics on ordinances relating to rectification of names
84. The following are the
figures for ordinances relating to rectification of names issued by the
presiding magistrate of the Niamey
court:
1995 560
1996 799
1997 820
1998 611
C. Freedom of expression
1. Legislative, administrative or
judicial measures
85. The
Constitution guarantees everyone freedom of expression within the terms
established by the laws and regulations in force.
86. Article 1 of
Ordinance No. 93-099 of 30 March 1993 governing freedom of the press states that
the press and printed matter are
free. The right to information is an
inalienable right of the citizen. However, articles 220 and 221 of the Penal
Code establish
penalties for false accusation and disclosure of
secrets.
87. Article 12 of the Constitution gives children the freedom to
express themselves and to be heard. A large number of youth associations have
been established for
this purpose.
2. Infrastructure in place
88. In formal terms,
mention should be made of the Higher Communication Council, an independent
administrative authority responsible,
in particular, for guaranteeing freedom of
expression and equal access to the media.
89. In practical terms, this is
the most problematical right, especially in rural areas. This is due to an
erroneous interpretation
of this right, which some see as a prelude to
abandonment of the principle according to which children must be silent when
adults
speak.
D. Access to information (art. 17)
1. Legislative,
administrative or judicial measures
90. In
traditional society, children gain access to information through the family and
through children in their age group. Traditional
mechanisms exist to provide
children with access to sound and appropriate information for their
age.
91. In modern society, the media and the schools are additional
sources of information for children.
92. The ordinance governing the
press in Niger states: “Children’s publications shall be prohibited
if they contain illustrations,
stories, columns, etc., showing any of the
following in a favourable light: banditry, theft, laziness, cowardliness,
hatred, debauchery,
incivility, etc.” In addition, a film monitoring
commission views all films to be shown and may decide to ban minors from
attending a film.
2. Infrastructure in place
93. Regarding infrastructure, a dozen cultural
and reading centres (“clacs”) have been established throughout the
country
to provide children with further information.
3. Difficulties encountered
94. Information sources
in the rural area remain essentially traditional sources (family, children the
same age), which is not sufficient,
at the beginning of the twenty-first
century, to provide children with sufficient information to enable them to
develop normally.
95. In urban areas, difficulties relate to the quality
of information. The development of the media has made it difficult for the
State and parents to control access to healthy information. In Niamey in
particular, individuals show films that are unhealthy and
inappropriate for
children’s development.
4. Priorities and goals
96. To ensure that healthy information for the
entire population and children in particular is broadcast, the Higher
Communication
Council (CSC) has been given the technology required for
monitoring radio and television programmes on a national scale.
E. Freedom of thought, conscience and religion (art. 14)
1. Legislative, administrative or judicial measures
97. Article 23 of the
Constitution grants all citizens freedom of thought, conscience and religion.
This right must be exercised with respect for public order, national
unity and
social peace.
98. Traditionally, parents are responsible for their
children’s philosophical, religious and political
education.
99. The State guarantees freedom of worship and belief, as
reflected by the places of worship belonging to various religions found
in the
large cities.
2. Difficulties encountered
100. For Muslim children, who make up 98 per
cent of children in Niger, religious education is imparted through Koranic
schools, which
are non-formal structures. Such structures are therefore beyond
the control of the State, which is responsible for guaranteeing
religious
freedom based on respect for the religious freedom of others.
101. In
urban areas, parents find it difficult to provide their children with a
religious education due to lack of formal structures.
3. Priorities and goals
102. The Government of Niger has just adopted an
educational policy and an Act on the Education System, according to which the
State
plans to integrate the Koranic schools into the formal education
system.
103. NGOs and other associations also undertake to provide
children with religious education, bearing in mind the importance of social
peace and the national interest.
F. Freedom of association and of peaceful assembly (art. 15)
1. Legislative, administrative or judicial measures
104. Article 24 of the
Constitution provides that the State shall recognize and guarantee freedom of
movement, association and assembly and freedom to demonstrate, under
the
conditions defined by law.
105. Article 12 of Ordinance No. 84-06 of 1
March 1984 governing associations authorizes the establishment of youth
associations aimed
at bringing members together for the purpose of education,
development or social advancement.
106. Some associations bring together
members of the same age group and are aimed at community, athletic or artistic
activities.
107. In formal terms, school associations are established in
the different primary and secondary schools. Their objective is the
defence of
the material and moral interests of their members.
108. Informally
speaking, several youth associations called “fadas”, which are
forums for development and exchange, have
arisen in urban areas. Youth clubs
have also been established in various fields (sports, cultural, etc.).
2. Difficulties encountered
109. Difficulties encountered relate essentially
to supervision of such informal associations. Although there is no doubt of
their
value, excesses and tendencies towards delinquency have at times occurred.
They also raise the problem of the civil liability of
the parents, and
occasionally of the State.
G. Protection of privacy (art. 16)
Legislative, administrative or judicial measures
110. Article 20 of the
Constitution provides for the inviolability of the home. Searches of the home
may be effected only in the forms and under the conditions laid
down by law.
There are, however, limits to protection under the law. Searches and
confiscations must take place with strict observance
of the conditions and
procedures laid down by law. As regards children specifically, measures may be
taken in violation of privacy
if they are in the best interests of the
child.
111. It is traditionally agreed that parents have the right to
monitor certain aspects of their children’s privacy.
H. The right not to be subjected to torture or other cruel,
inhuman
or degrading treatment or punishment (art. 37)
1.
Legislative, administrative or judicial measures
112. The
principle according to which children must be protected against ill-treatment
and attacks on their freedom and physical and
moral integrity is embodied in the
Constitution, which recognizes that everyone has the right to life, health,
safety, physical integrity and education.
113. Offences against children
are also punishable under the Penal Code.
114. The State provides for
administrative placement measures in serious cases of torture
or
ill-treatment.
2. Difficulties encountered
115. The difficulties encountered are discussed
in paragraphs 163 and 164 under section J, “Family environment and
alternative
care”. They relate to the fact that the competent authorities
have difficulty in learning about such cases when they occur
within the family
environment.
3. Priorities and goals
116. The Constitution prohibits all forms of
torture and cruel, degrading or inhuman treatment or punishment.
117. The
legislator in Niger has also protected children’s moral integrity; article
278 of the Penal Code lays down punishment
for indecent assault without
violence against a minor under 13 years of age. If the offence
involves violence, it becomes a crime
(arts. 278 and
280).
118. Information and awareness-raising campaigns aimed at ending
all practices harmful to children’s health and physical integrity
are
conducted through government agencies, NGOs and other
associations.
119. A national committee to combat traditional practices
harmful to health (CONIPRAT) has been established and enjoys the
authorities’
support.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
1. Legislative, administrative or judicial measures
120. The
Constitution provides in article 19 that “parents have the right and the
duty to raise their children; they shall be supported in that duty
by the State
and by public entities”.
121. Traditionally child guidance is
highly organized, taking the form of rites of initiation by age group, whose
basic aim is to
prepare the child for adult life.
2. Best interests of the child and respect for the views of the child
122. In order that children in school may
progress to the secondary and higher levels, the State has taken steps to
involve parents
and their children in school counselling.
123. Thus, at
each stage, parents choose what branch children should follow as they pursue
their studies, taking their wishes into
account, while also giving them the
necessary advice.
124. Insofar as possible the national guidance
commission takes parents’ views into consideration when guiding the child.
Children
who are not in school are usually supervised by parents or older
brothers and sisters in learning a trade (farm worker, stockbreeder,
blacksmith,
weaver, builder etc.).
B. Parental responsibilities (art. 18, paras. 1-2)
1. Legislative, administrative or judicial measures
125. The principle of
joint responsibility makes it incumbent on the parents to raise their children
and ensure their development
and on the State to assist them in discharging this
duty. The Constitution stipulates in article 19 that the State must give its
support to parents in the discharge of their duty.
2. Difficulties encountered
126. The State is confronted with many
socio-political and economic constraints, the consequence of which is
considerably to reduce
the living standard of its people and to increase the
numbers of the poor. As a result there is only very limited application of
the
relevant provisions of article 18 of the Convention on the Rights of the Child
and article 19 of the Constitution.
127. Parental responsibility is in
jeopardy as a result of the above-mentioned constraints, since parents tend to
bow to the inevitable
and delegate that responsibility to the State; the latter
does assume it to a certain degree vis-à-vis parents in the area
of
education, since it provides State schools and ensures free tuition.
3. Best interests of the child and respect for the views of the child
128. As children are traditionally considered as a “gift of God” and as belonging to the entire community, the parents and the family as a whole rally round for their education. The State for its part is aware that education is the foundation of children’s development.
C. Separation from parents (art. 9)
1. Legislative, administrative or judicial measures
129. Tradition
tolerates separation from parents either to perpetuate bonds of kinship or
friendship or to meet the demands of education
or
apprenticeship.
130. Separation may be the result of judicial measures,
whereby a child is remanded in custody, incarcerated, placed in care or given
in
custody in a case of divorce.
2. Best interests of the child and respect for the views of the child
131. The Civil Code provides that “when
the family unit is broken up as a result of the parents’ divorce, the
judge shall
rule on custody of the couple’s children, bearing in mind the
best interests of the child”.
132. The principle of the best
interests of the child is in keeping with the spirit of the Decree of 1928
on minors.
133. When a child is placed in care, the Department of Child
Protection in the Ministry of Social Development, Population, Advancement
of
Women and Protection of Children ensures that he or she is well settled in the
place of reception.
134. Custom, applicable in divorce cases by virtue of
the provisions of Act No. 62-11 of 16 March 1962, holds that children
are entrusted
to their mothers before they are seven years old; after age seven
the child belongs to the father as of right.
135. This principle has been
evolving and case law in Niger since the Supreme Court ruling of 17 March
1983 has made increasing reference
to the best interests of the child.
3. Difficulties encountered
136. Difficulties arise in relation to children
whose family origin is unknown (abandoned children, orphans, children of
mentally
ill mothers). These children, whose numbers are unfortunately
increasing in urban areas, cannot benefit from the relevant provisions
of
article 8 of the Convention on the Rights of the Child.
4. Progress achieved
137. The Ministry of Social Development,
Population, Advancement of Women and Protection of Children has instituted a
policy of encouraging
the foster placement or adoption of these children to
lessen the difficulties referred to above.
138. Children are placed
either in a shelter, an adoptive family, an orphanage or a children’s
home.
Statistics of abandoned children admitted to the Children’s Home
Year
|
Number admitted
|
Number adopted
|
Number returned to family of origin
|
Number in placement
|
|
national
|
international
|
||||
1995
|
19
|
0
|
4
|
4
|
3
|
1996
|
15
|
|
7
|
7
|
0
|
1997
|
14
|
2
|
2
|
2
|
0
|
1998
|
13
|
0
|
0
|
4
|
1
|
Source: Report of the Department of Child Protection of the Ministry of
Social Development, Population, Advancement of Women and Protection of
Children.
Adoption of abandoned children from 1995 to 1998
Number of children adopted
|
National adoption
|
International adoption
|
|
1995
|
1
|
0
|
1
|
1996
|
7
|
0
|
7
|
1997
|
7
|
1
|
6
|
1998
|
1
|
1
|
0
|
D. Family reunification (art. 10)
139. In Niger legal and administrative
provisions exist to prevent the separation of children from their families
by:
− Combating rural exodus;
− Combating poverty. Both these efforts constitute factors for family reunification;
− Attempting reconciliation in the case of proceedings for divorce or repudiation. This is compulsory; when it succeeds the family can return to normal.
140. Customary adoption or adoption in the Islamic
tradition is reversible: once it is established that the child is not enjoying
the expected benefits, he may return to his family of origin without any
formalities, simply at the request of the parents.
E. Recovery of maintenance for the child (art. 27)
1. Legislative, administrative or judicial measures
141. The Civil Code
provides for the allocation of a maintenance allowance to the parent who has
custody of the children. Where custom
holds sway there is no maintenance
allowance: at seven years of age children are entrusted to their father who is
responsible for
them.
2. Difficulties encountered
142. Problems arise with recovery of the
maintenance allowance in urban areas. Generally, in such instances, a parent
who has a regular
income (civil servant, company employee, member of liberal
profession etc.) has been ordered by the courts to pay a maintenance
allowance.
143. Most frequently mothers who have custody of their
children have difficulty in recovering the maintenance allowance.
3. Progress achieved
144. Increasingly, these women turn to the
different social services attached to the courts, which help them to obtain an
order from
the presiding magistrate for direct debit from the salary of the
person owing the allowance.
F. Children deprived of a family environment (art. 20)
145. These are, in particular, abandoned
children, orphans and children of mentallyill mothers. Since the 1990s the
State’s
social policy has been to encourage the establishment of
institutions to take in children in family difficulties: SOS villages,
orphanages and the Children’s Home. As far as government institutions are
concerned, in 1993 the Ministry of Social Development,
Population, Advancement
of Women and Protection of Children set up the Department of Child
Protection.
Number of children admitted to the different facilities
Year
|
Total number of children
|
||||
1994
|
1995
|
1996
|
1997
|
||
Children’s Home
|
13
|
19
|
15
|
14
|
61
|
Orphanage
|
90
|
90
|
127
|
143
|
450
|
SOS Village for abandoned children
|
19
F 6 M 13 |
15
F 3 M 12 |
15
F 5 M 10 |
10
F 2 M 8 |
59
F 16 M 43 |
1. Difficulties encountered
146. The growing phenomenon of poverty has
produced an increase in the number of abandoned children, especially in urban
areas. The
difficulties encountered are of several kinds, notably:
− Lack of facilities;
− Absence of decentralized facilities. In fact they only exist in Niamey, whereas the problem also exists in the hinterland;
− Shortage of human resources for staffing.
2. Progress achieved
147. The Department of Child Protection has
instituted a policy of seeking either the families of origin or foster families
for these
children.
148. Thus, in cooperation with the different services
within other ministerial departments, investigations are undertaken to find
families of origin or foster families.
3. Priorities and goals
− To reduce the incidence of child abandonment and ensure the survival, protection and development of those who are abandoned;
− To guarantee sound development and protection for orphans without support;
− To ensure protection for children whose mothers are mentally ill;
− To encourage the decentralization of facilities for children.
G. Adoption (art. 21)
1. Legislative, administrative or judicial measures
150. Legal adoption is
governed by articles 343 to 370 of the Civil Code. Customary adoption takes
place by means of an agreement
between the parents or guardians of the child and
those adopting him. Within the Ministry of Social Development, an adoption
section
attached to the Department of Child Protection ensures
follow-up.
2. Difficulties encountered
151. In legal adoptions, where couples of Niger
nationality are concerned, difficulties occur basically before the adoption, at
the
time the file is being assembled. Difficulties may also arise during the
home study done on the couple planning to adopt. Finally,
there may be
difficulties with follow-up due to lack of material and human
resources.
152. In the case of international adoptions, pre-adoption
difficulties relate to the fact that it is virtually impossible to check
the
authenticity of the evidence provided, particularly from the home study.
Subsequent to the adoption the problematic aspect is
follow-up, particularly the
need to ensure that the child’s placement does not become a source of
material or financial profit
for those responsible for the
adoption.
153. The difficulty with customary adoptions is that they are
entirely beyond the control of the official bodies.
3. Progress achieved
154. Where national adoption is concerned, an
awareness-raising programme has been designed to inform public opinion via the
different
radio stations; panel discussions and open days have also been
organized. Positive results have been noted, with more and more couples
of
Niger nationality becoming candidates for national adoptions. There have also
been cases of return to the families of origin.
155. In regard to
international adoptions, the post-adoption follow-up mechanism has been
strengthened. The Ministry of Social Development,
Population, Advancement of
Women and Protection of Children has just concluded a protocol of agreement with
the Association for the
Protection of Children in Distress (PAIDIA). The task
of that organization is to coordinate the adoption of children from Niger
by
French couples. Its work is supervised by French authorities through the
Inter-Country Adoption Mission.
H. Periodic review of placement (art. 25)
156. The various instruments provide for
periodic review of all aspects of placement, whether administrative or judicial.
However,
in practice there is hardly any follow-up, because of the shortage of
human and material resources.
157. The draft law on juveniles has
provisions relating to periodic review of placement. Thus, placement may not
exceed two years
in length, at the end of which a report is submitted. That
report is considered by the juvenile magistrate and the other parties
in order
to plan further action.
Priorities and goals
158. In the area of legislation the aim
is:
− To ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 29 May 1993;
− To have the Commission on the Reform of Civil and Criminal Legislation revise the instruments governing adoption.
159. Where
institutions are concerned, it is planned to reinforce mechanisms for pre- and
postplacement follow-up.
I. Illicit transfer and non-return (art. 12)
160. The Criminal Code provides penalties for
the abduction of children. It should be noted, however, that Niger has had no
cases
of international abduction of children.
J. Abuse and neglect, psychological recovery and
social reintegration (art. 19)
1. Legislative, administrative or judicial measures
161. Article
12 of the Constitution provides that no one shall be subjected to cruel, inhuman
or degrading treatment.
162. The Criminal Code contains various
provisions protecting children from all forms of violence (physical, moral or
sexual), from
all forms of abandonment or neglect and from cruel
or degrading treatment.
2. Difficulties encountered
163. The difficulties encountered are sociocultural
in nature. When children are abused or mistreated by their parents, the
neighbours
hesitate to denounce those responsible to the competent authorities.
Equally to be deplored is the inadequacy of the human resources
devoted to the
detection of cases of abuse or neglect.
164. The difficulties with regard
to social reintegration stem from a lack of children’s homes and of
counselling and support
facilities.
3. Progress achieved
165. Mention should be made of the emergence of NGOs
working to take care of children in difficulty generally. Such NGOs work
closely
with the Ministry of Social Development, Population, Advancement of
Women and Protection of Children.
166. One NGO, the project Caritas-AMIN
(Action for juveniles alone in Niger) has set up two counselling centres in
Niamey. Efforts
are under way to inform people about these centres and a slight
increase in the number of children coming to them has been observed.
4. Priorities and goals
167. In regard to legislation, the aim is to
strengthen the legal framework for the protection of children.
168. In
the institutional sphere, the machinery for the prevention and detection of
cases of mistreatment of children has to be reinforced,
as do the care
facilities, if the suffering of such children is to be alleviated.
VI. HEALTH AND WELFARE
A. Survival and development (art. 6, para. 2)
1. Legislative, administrative or judicial measures
169. The
African Charter provides in article 5 that “Every child has an inherent
right to life. This right shall be protected
by law. States parties to the
present Charter shall ensure, to the maximum extent possible, the survival,
protection and development
of the child. The death sentence shall not be
pronounced for crimes committed by children.”
170. Articles 10 and
11 of the Constitution of 12 May 1996 provide that every human being is sacred
and that every person has the right to life.
171. The Criminal Code of
Niger protects life and therefore penalizes all attempts to destroy life,
including that of a foetus:
− Abortion (arts. 295-297);
− Infanticide (arts. 240-243);
− Abandonment leading to the death of the child (art. 253).
2. Difficulties encountered
172. Despite the panoply of legal instruments both
international (Convention on the Rights of the Child, African Charter) and
national
(Constitution, laws and regulations), the fact is that in practice the
survival and development of children in Niger are in peril
at every stage of
life: the prenatal period, infancy (0-5 years), childhood (5-12 years) and
adolescence (12-18 years).
(a) Prenatal period
173. The factors
endangering the survival of children at this period of their lives are basically
abortions, anaemia or malnutrition
in the mother, high maternal mortality,
mother-to-child transmission of HIV/AIDS, infections and
parasites.
174. Regarding maternal mortality, according to the survey on
demography and health in Niger carried out in 1992, 7 women per 1,000
die
during pregnancy, in childbirth or during the first six weeks after the
birth. According to the new WHO/UNICEF method of calculation,
the maternal
mortality rate in 1998 was 1,200 deaths per 100,000 live births.
175. In
relation to the vertical transmission of HIV/AIDS, the national programme to
combat STD/AIDS shows that the cases reported
concern children from 0 to 14
years in the following percentages:
− 1994 0.86 per cent
− 1995 1.6 per cent
− l996 1.08 per cent
There is thus a slight increase in
cases between 1994 and 1996.
(b) Infancy (0-5
years)
176. The danger at this stage in life comes from infanticide
or abandonment, high infant and child mortality, the marked prevalence
of
malnutrition and micro-nutrient deficiencies and poor support services for
infants.
177. With regard to infanticide, a survey of prisons carried out
in January 1998 in Niamey by the Niger scouts showed that the reasons
for the
incarceration of women in the Niamey civil prison were infanticide or abortion
in 37.14 per cent of cases.
Reasons for the incarceration of women
Number
|
Percentage
|
|
Theft
|
8
|
22.85
|
Infanticide/abortion
|
13
|
37.14
|
Drugs
|
1
|
2.85
|
Brawling
|
6
|
17.121
|
Other
|
7
|
20
|
Total
|
35
|
100
|
178. Out of 34 cases recorded at the Tahoua assizes in 1997, 12 cases,
i.e., one third of the list, concerned the crime of infanticide.
The same is
true in Niamey, where 11 out of 34 cases concern infanticide.
179. The
infant and child mortality rate remained persistently high from 1960 to 1996,
with a return in 1996 to the 1960 level (300
per 1,000). However, according to
the demographic and health survey (EDSN) II (1997-1998), there was a slight
decline in the rate,
to its present level of 274 per 1,000. The main
causes of infant and child mortality are:
− Malaria, 25 per cent;
− Acute respiratory infections, 28 per cent;
− Diarrhoea, 14 per cent;
− Measles, for children under 5 years;
− Poor health coverage in the country.
180. According
to EDSN (1992), 32.30 per cent of children under the age of 5 suffer from
chronic under nutrition, 15 per cent of them
seriously. The proportion of
undernourished children varies according to age. It is rare in those under
6 months (2.3 per cent),
increases gradually with age to a rate of 46.3 per cent
between 36 and 47 months and then decreases between 48 and 59
months.
(c) Childhood (5-12 years)
181. The factors endangering the survival and
development of children at this stage of life are:
− The prevalence of diseases;
− Practices harmful to health, particularly that of girls;
− Low school enrolment.
182. The high frequency of
nutritional diseases is due above all to vitamin A deficiency and iron and
iodine deficiencies. Thus,
EDSN (1992) showed a 6.2 per cent prevalence of
night blindness in 2,546 children aged from 24 to 56 months. A vitamin A
deficiency
is responsible for a very high number of cases of blindness in Niger.
This deficiency has an effect on child survival because it
makes children
vulnerable to certain diseases, especially pulmonary infections. Iron
deficiency is also very frequent among malnourished
children and affects their
survival by making them more vulnerable to infection. Iodine deficiency leads
to problems such as goitre.
In 1995 a survey of schools revealed a 35.8 per
cent over-all prevalence of goitre.
183. The practices that are harmful
to health are basically ablation of the uvula, scarification and tattooing and
excision. All
these practices endanger child survival because they can have
serious consequences (haemorrhage, tetanus, blood-poisoning, dehydration
etc.).
(d) Adolescence (12-18 years)
184. At this stage in life survival and
development are imperilled by harmful traditional practices, by the high rates
of STD/AIDS
and, for girls, by early marriage and early
pregnancy.
185. The EDSN (1992) indicates that the average age of
marriage for girls is 15 years and that there are cases of girls marrying
between
12 and 15 years.
186. Early pregnancy, which is mainly the result
of early marriage, is also a factor that endangers the survival of children.
The
risk of death in the case of “child-mothers” follows
on pregnancy- or birth-related complications or permanent sequelae
such as
fistulas. According to WHO, women aged 15 to 19 years run twice as great a
risk of death from complications linked to pregnancy
or childbirth
than do women of 20 years and over. According to EDSN (1992), 36 per
cent of adolescent girls in Niger had at least
one child or were pregnant
for the first time. From a survey of obstetrical fistulas in Niger (1995)
it emerged that 80 per cent
of patients with fistulas had given birth
between the ages of 14 and 17 years and 98 per cent had married
before the age of 18.
187. Ignorance among many young people of the harm
that may be caused by STD/AIDS is also a factor endangering their survival.
For
example, a survey carried out in the commune of Agadez revealed that
the 0 to 29 age group is the one most affected by STD/AIDS
(source:
UNICEF Situation Analysis 1998: Women and
children).
188. The Government of Niger, with the support of its
development partners, reaffirms, whenever there is need, its commitment to work
for the survival, protection and development of children by endeavouring to
reduce and even to eliminate the above-mentioned factors.
3. Progress achieved
189. In the area of cooperation, the assistance of
Niger’s development partners, notably UNICEF, WHO, UNFPA and the World
Bank,
should be emphasized.
190. Bilateral aid is received from the
French, German and Belgian development cooperation agencies which work
tirelessly in the health
sector to implement integrated projects throughout the
country; NGOs and other associations also give their support.
191. For
example, UNICEF, together with the Government, has prepared a programme of
cooperation for the period 1995-1999. The two
parties have affirmed their
commitment to the implementation of the national programme for the survival,
protection and development
of children in accordance with the spirit of the
Convention on the Rights of the Child. The programme of cooperation
comprises:
− A health programme;
− A nutrition/food security/environment programme;
− A water/water purification/environment programme;
− An education/environment programme;
− A programme of social policy, strengthening of community initiatives, information, communication and social mobilization.
192. As
part of the execution of this programme of cooperation legislative measures were
taken in 1995 for the recovery of primary
health-care costs, the adoption of a
national pharmaceutical policy and the establishment of a national programme in
support of primary
health care.
193. Also to be noted is the launching of
three projects within the health programme:
− Revitalizing the health services;
− Combating STD/AIDS;
− Strengthening national capacities.
194. In 1996, in
connection with the revitalization of the health services, a workshop was held
which produced a recommendation for
the general extension of the Bamako
initiative as a systemic approach allowing access to primary health
care.
195. With regard to the Expanded Programme of Immunization,
vaccinations have continued, with the organization of vaccination days
in April,
May and June, to raise the vaccine coverage rates. The results are as
follows:
− BCG 53.5 per cent
− DTE 3 24 per cent
− Polio 3 22.3 per cent
− Measles 40.6 per cent
− VAT 2+ 32.2 per cent
196. For risk-free maternity
and family planning, the Government wishes particularly to get maternity
referral district hospitals
operating, as an approach to reducing the rate of
maternal and infant mortality.
197. An increase in the utilization rate
of oral rehydration therapy (ORT) has been observed (85.3 per cent
according to the old definition
and 8 per cent according to the new [sugared
salt water + breastfeeding + solid food]).
198. Under the nutrition/food security programme in 1996 the following may be
noted:
− Promotion of exclusive breastfeeding;
− Consolidation of achievements in monitoring growth rates (342 villages have been involved);
− Continuation of the integrated prevention of micro-nutrient deficiencies; thus: in the area covered by the programme 75 per cent of the target population (infants from 6 to 10 months and women post-partum) have been given vitamin A capsules; 83,000 children under 10 and 11,500 pregnant women in one district covered by the programme have received iron and folic acid tablets.
199. With regard to iodized
salt, 120 agents have been trained to monitor and correct the amount of iodine
in the salt destined for
household consumption.
200. On the subject of
water supply, it may be noted that in 1996 55 per cent of rural areas
and 46 per cent of urban had water, thanks
to the creation of 200
well-water supply systems and boreholes equipped with manual
pumps.
201. There has also been a fall in the prevalence of cases of
guinea worm and other waterborne diseases. For example, from 1991 to
1996 there
was a 93 per cent decline in cases of guinea worm.
202. Where the
revitalization of health centres is concerned, in 1997 the following was
achieved:
− Expansion of the revitalization of health centres and hospitals in selected districts;
− 148 health centres revitalized, that is 42 per cent of those in existence;
− The revitalization of 78 centres out of a planned 131 for the period 1995-1999, that is 60 per cent of the goal;
− An improved rate of recovery of costs (from 15 to 60 per cent for example in the department of Maradi).
203. In the Expanded
Programme of Immunization the following was achieved:
− In 1997 poliomyelitis vaccination days were instituted. In the first stage of the campaign 1,832,637 children from 0 to 5 years out of the target 2,092,655, that is 87.53 per cent, received their polio vaccine booster shots;
− As a result of the 1998 national days, the campaign’s two stages produced a total of 4,727,075 children from 0 to 59 months vaccinated.
204. On risk-free maternity and family planning
there has been cooperation with UNICEF, WHO, UNFPA, France, Germany and the
Netherlands
in speeding up the creation of maternity referral units and
improving the way cases are assumed, prenatal consultations held and
high-risk
pregnancies detected in health centres. Thirteen maternity units are equipped
for emergency obstetrical care.
205. The utilization rate for ORT has
improved by 85 per cent according to the old definition and by 9 per cent
according to the new.
206. For the prevention of STD/AIDS, 14 school
committees have been formed and a survey has shown that those committees are
pupils’
main source of information on STD/AIDS.
207. Regarding
nutrition and food security, we note that:
− In 1997, in the fight against micro-nutrient deficiencies, vitamin A was distributed to 75 per cent of children under 10 and 36 per cent of women post-partum;
− On the occasion of the 1998 polio vaccination days 2,771,072 children from 6 to 59 months received vitamin A capsules;
− 60 per cent of pregnant women received iron and folic acid in 16 districts where it was distributed;
− Niger’s eight departments are now equipped with laboratories to monitor the quantity of iodine in salt;
− Monitoring of growth rates covers 94,000 children under 3 years in 402 villages in 11 districts;
− 60 per cent of those children are being regularly monitored, which has permitted the detection of 26 per cent of under-weight children.
208. In the water and water purification programme,
the following has been achieved:
− In 1997 47,000 persons had access to drinking water;
− 18 boreholes were dug;
− 16 boreholes were equipped with hand-operated pumps;
− Management committees were formed and repair workers trained;
− It was estimated that there had been a 12.5 per cent reduction in cases of diarrhoea;
− For guinea worm eradication 844 villages are being monitored and community agents are being trained or retrained.
B. Disabled children (art. 23)
1. Legislative, administrative or judicial measures
209. Order No.93-01-012
of 2 March 1993, article 3, provides that “the prevention and detection of
disabilities and the care,
education, training, guidance and occupational
reintegration, employment and social integration of persons with physical,
sensory
or mental disabilities is a national obligation”. Where children
are concerned article 6 and 7 provide that:
− Children in whom a disability has been detected, in particular during an examination in a maternal and child health-care centre or a school medical centre, shall be provided with care at an early stage by the medical and social institutions created for that purpose;
− Disabled children and adolescents have the right to an education, which must be an integral part of the national school system.
210. Decree No. 96-264/PRN/MDS/P/PF/PE of 15 August
1996 sets forth the implementing arrangements for the above-mentioned
order.
211. A national technical committee and departmental committees
have been set up for the advancement of disabled persons.
2. Infrastructure
212. The State of Niger has set up centres for the
training and education of young disabled persons, particularly in Niamey, Zinder
and Maradi. Special measures are being taken to facilitate their access to
education.
213. NGOs and associations have been behind the establishment
of several institutions for special education and social reintegration.
In
doing so they have the support of the State, which provides them with various
subsidies.
3. Factors and difficulties impeding the implementation of the Convention
214. Public opinion regards disabilities as the
work of fate or of evil spirits. To date no survey has been carried out to
determine
what disabilities affect children nationwide. Despite the efforts
made by the State of Niger and NGOs and other associations, the
needs expressed
or felt in regard to the situation of disabled children are far from being met.
Most disabled children live from
begging and make their disability their
livelihood.
4. Progress achieved
215. Decree No. 96-264 of 15 August 1996 sets forth the implementing arrangements for Ordinance No. 93-012 of 2 March 1993, defining the minimum rules for the social protection
of disabled persons. The Decree provides that the preservation of
children between the ages of 0 and 6 years from disablement should
be
governed by the provisions of article 24 of the Convention, particularly those
that render the following obligatory:
− Prenatal and postnatal consultations;
− Delivery in a medical environment;
− Medical monitoring of preschool children in fairground or marketplace consultations;
− Vaccinations against disabling diseases;
− A broad information campaign to alert people to the pathologies that may cause disabilities.
5. Priorities and goals
216. National solidarity with disabled people,
especially children, will be reflected in the issuance of a special card
allowing them:
− Free or half-price travel on intercity transport;
− Half-price admission to all public events for which a price is charged, particularly entertainment and educational or cultural events;
− Half-price reductions on basic medicines.
217. Consideration is being given to the
preparation of a plan of action for disabled persons.
C. Health and health services (art. 24)
1. Legislative, administrative or judicial measures
218. The African Charter, ratified by Niger,
provides in article 14 that all children have the right to enjoy the best
possible physical,
mental and spiritual health. The States signatories to the
Charter undertake to guarantee the full exercise of that
right.
219. According to article 11 of the Constitution of 12 May 1996
everyone has the right to life and health. In article 18 the Constitution
affirms the duty of the State and public entities to ensure the well-being of
mothers and infants. Under the terms of article 27
everyone has the right to a
healthy environment. The State shall be charged with protecting the
environment.
220. The Ministry of Public Health has the task of ensuring
the implementation of those rights, as set forth in the Convention on
the Rights
of the Child and reaffirmed in the African Charter on the Rights and Welfare of
the Child and in the Constitution.
2. Infrastructure in place
221. In July 1995 Niger adopted a sectoral
health policy statement which stressed the right to health and to access to
health services.
That statement revealed the poor level of health coverage was
32 per cent. This was reflected in the fact that the numbers of medical
staff
were far below the World Health Organization norm. While WHO suggests 1 doctor
per 1,000 inhabitants, the ratio in Niger is:
− 1 doctor per 75,000 inhabitants;
− 1 nurse per 40,000 inhabitants;
− 1 midwife per 1,857 expected births, which may rise to 1 midwife for 15,000 expected births in some districts.
222. The
facilities established for the provision of health care are broken down as
follows in the National Health Development Plan
1994-2000:
− 220 rural dispensaries and 31 medical posts in peri-urban areas;
− 39 medical centres in the district capitals;
− 31 independent neighbourhood maternal and child health centres;
− 24 neighbourhood dispensaries;
− 14 neighbourhood maternity clinics;
− 4 maternity referral clinics;
− 3 specialized centres: the anti-tuberculosis centre, the anti-leprosy centre and the reproductive health centre in Niamey;
− 5 departmental hospital centres in the departmental capitals;
− 2 national hospitals in Niamey;
− The total of all public health facilities being 380.
223. The private sector comprises:
− 3 hospitals;
− 10 doctors’ offices;
− 2 psychiatrists’ offices;
− 3 obstetricians’ offices;
− 3 physiotherapists’ offices;
− 48 treatment rooms;
− 5 clinics;
− 7 National Social Security Fund social medicine centres;
− 1 office for public health research.
224. Medicines
are distributed by the following facilities:
− 24 public pharmacies;
− 19 private pharmacies, 1 of which is in Maradi;
− 215 medical supply depots, 86 of which belong to cooperatives.
In view of the above-mentioned facilities,
Niger has on average:
− 1 local health-care unit per 6,598 inhabitants;
− 1 maternity clinic per 24,505 women of childbearing age;
− 1 mother and child health-care centre per 34,732 women of childbearing age and 26,940 children under 5 years;
− 1 dispensary per 224,868 inhabitants.
3. Factors and difficulties impeding the implementation of the Convention
225. Despite the efforts exerted from
independence until today, the health system still does not meet the needs of the
population.
226. Life expectancy at birth has remained stagnant for
nearly 10 years: from 45 years in 1988 it declined to 44.3 years in 1992,
rising slightly to 44.9 in 1995; in 1997 it was 47 years.
227. The infant
mortality rate was approximately 127 per 1,000 in the period 1990-1993.
The rate of infant and child mortality has
worsened, rising from 232 per
thousand in 1977 to 320 per thousand in 1990, one of the highest rates
in the sub-Saharan region.
The maternal mortality rate was 7 per 1,000 in 1995.
Only 4.5 per cent of women of childbearing age were using modern contraceptive
methods in 1994.
228. The rate of vaccine coverage is very low. Only
17.4 per cent of children under one year of age have received all the
vaccines
in the Expanded Programme of Immunization and
only 44 per cent of pregnant women have received the anti-tetanus
vaccine.
229. The difficulties involved in implementing the health policy
derive from several sociocultural, economic and institutional factors.
(a) Sociocultural factors
230. The low level of education of the
population, notably of mothers, has an adverse effect on health. Various
surveys indicate
that 53.2 per cent of educated women have had their children
vaccinated, more than double the proportion among illiterates, which
is only 20
per cent. According to the surveys 95.9 per cent of women with secondary
education have received the assistance of health
professionals during
childbirth, as opposed to 41.1 per cent of uneducated women. The figures
concern 41.4 per cent of births.
The surveys also indicate that children of
mothers with at least a secondary education are better immunized against the
diseases
of the EPI than those whose mothers have only a primary education (33.3
per cent) and especially than those of mothers with no education
(15.1 per
cent).
231. Food taboos lead to children being deprived of certain
indispensable nutrients, such as eggs, meat and raw vegetables, to the
premature
introduction of certain liquid or other foods and to a complete ban on the
consumption of some of the most protein-rich
foods and other indispensable
nutrients during pregnancy or lactation.
232. Another factor with
negative consequences is the refusal to attend formal health
clinics, either because traditional practices
are preferred or because the
mother cannot get to the clinic.
(b) Economic factors
233. The State’s financial difficulties
and the low household incomes in the context of the international economic slump
have
led to a growth in poverty, which affects all society and more especially
its most vulnerable sectors, among them children.
234. In the area of
health the State’s financial difficulties are reflected in a dearth of
manpower, on the one hand, (since
the State cannot recruit staff in sufficient
numbers and of high enough calibre) and, on the other, of material and financial
resources.
The equipment in the existing health facilities is deteriorating
and, what is more, new facilities are not being created. This
state of affairs
has been brought about by a gradual decline in the volume of financial resources
allocated to the health sector,
which has in turn led to a budgetary imbalance
in that sector. The staff expenditure allocation has in effect been increased,
to
the detriment of other budget items, in particular the “health
facilities - operation” item.
235. The growth of poverty among
households, particularly in urban areas, has meant that parents do not take
their children to health
centres, because they usually do not have the money for
the doctor’s fee or for other services or to buy
medicines.
236. For that reason they prefer to turn to traditional
healers, who charge a lot less, with all the uncertainty that involves as
to a
cure.
(c) Institutional factors
− Highly centralized health services management;
− Poor management of those services;
− No community participation or insufficient coordination of such participation when it does occur;
− Lack of coordination of private assistance;
− Defective intrasectoral and intersectoral mechanisms for health work coordination;
− The difficulty of implementing the different health policies introduced since 1960.
4. Progress achieved
238. As far as institutions are concerned, a
“child survival” division has been established within the Department
of Maternal
and Child Health of the Ministry of Public Health.
239. A
sectoral health policy came into being in July 1995.
240. On the subject
of cooperation, valuable assistance has been provided by Niger’s
development partners, particularly UNICEF,
WHO and UNFPA, as well as
international and bilateral aid organizations.
241. In regard to health
infrastructure, a study has shown that most health facilities are permanent
structures built according to
norms and standard plans and that the buildings
are as a whole in relatively good condition; measures have been taken for the
maintenance,
rehabilitation or construction of certain buildings to keep them
operating or bring them into operation, in view of the increased
workload
resulting from growing health-care demand.
242. Some statistics worth
noting are:
− The infant and child mortality rate, which declined from 318 to 274 per 1,000 in 1997/98;
− VAT vaccine coverage, which increased from 3 to 47 per cent in 1997/98;
− The poliomyelitis eradication campaign, which has been 97 per cent successful;
− With regard to maternal and child health, the rate of use of prenatal health care, which has risen from 30 per cent in 1992 to 39.6 per cent in 1996;
− The rate of assisted delivery, which has grown from 33 per cent in 1992 to 44 per cent in 1997/98;
− The noticeable progress that has been made in the field using the “Bamako initiative” approach, which is being spread throughout the country.
5. Priorities and goals
243. Under the sectoral health policy adopted
in 1995 the Government set as its priority the improvement of the health of its
population
by the year 2000. The intermediate goals towards the achievement of
that policy are:
(i) Bringing the health-care centres closer to the population through an effective decentralization of health services to be obtained by developing health districts as the priority setting for the provision of primary health care;
(ii) Increasing the effectiveness of the disease prevention system by improving vaccination, health education and environmental sanitation;
(iii) Rationalizing the management of the human, material and financial resources allocated to the health services;
(iv) Organizing community participation in health activities by setting up facilities and rules for the partial recovery of costs, backed by transparent, effective and efficient management;
(v) Ensuring that quality services are more easily accessible and available at all levels of the health system;
(vi) Making intersectoral cooperation effective in solving environmental problems that have an adverse effect on health.
244. The
State intends to achieve these goals by such strategies as:
− Decentralizing and reorganizing the health system;
− Increasing resource availability;
− Extending health coverage;
− Training personnel;
− Improving the quality of services;
− Combating disease, notably by increasing the vaccine coverage of children from 0 to 5 years so as to reach 80 per cent by the year 2000.
245. The State plans to mobilize funds from the
practice of “zakat” to benefit hospitals. Such a method
of resource mobilization
can be successful in a country with a population more
than 95 per cent Muslim.
D. Social security (art. 26)
1. Legislative, administrative or judicial measures
246. A variety of
laws and regulations exist concerning social security.
247. The National
Social Security Fund in Niamey and its branches in the different departments are
involved in both prenatal and medical
care and family
allowances.
248. There are two medical centres for health care in Niamey,
two in Maradi and one each in Tahoua, Agadez and Zinder.
2. Constraints
249. There are three observations to be made
with regard to social security:
(i) Only the children of salaried workers are covered by social security; motherstobe receive prenatal care and modest sums are paid as family allowances;
(ii) Children from the other segments of the population (90 to 95 per cent) enjoy no form of social protection. However, the medical and social centres offer services to all strata of the population;
(iii) The economic difficulties that the State of Niger is experiencing no longer allow it to make regular contributions to the National Social Security Fund.
Mention should be made of the progress represented by
the establishment of more and more private social security systems. However,
they are not geared specifically to children.
E. Childcare facilities (art. 18, para. 3)
250. In the case of children with parents from
rural areas (90 to 95 per cent of the population) the problem of childcare
facilities
does not arise: means exist enabling the mother to leave her child
with a trustworthy third person.
251. That person is usually an aunt,
grandmother or elderly neighbour. The problem is far more acute for mothers
working outside
the home who live in urban areas (civil servants, shop
assistants et al.).
252. For some years now, thanks to the good will of
the State and its development partners and also some private individuals,
initiatives
have been taken to set up childcare facilities. Nevertheless such
facilities are clearly still insufficient and are not accessible
to the majority
of the urban population because of their cost. In practice, civil servants
employ young girls known as “maids”
or “nannies” to look
after their children, with all the accompanying dangers to the latter’s
safety (food poisoning,
violence, electrocution etc.)
F. Standard of living (art. 27, paras. 1-3)
1.
Legislative, administrative or judicial measures
253. Article
14 of the Constitution of Niger guarantees everyone an adequate standard of
living. The State and public entities have the duty to assist parents in
discharging
their task in that regard.
254. Articles 18-2 and 19 of the
Criminal Code provide that the property of minors is protected by the law. It
penalizes any misuse
of minors’ property or exploitation of their weakness
or feelings in order to make them harm their own interests by subscribing
to
bonds or signing receipts or discharges for the loan of money or goods, bills of
exchange or any other obligations. The form
in which the negotiation with the
minor is presented or disguised makes no difference.
255. Where parents
are divorced and the mother has been awarded custody of the children, the father
is usually required to pay a maintenance
allowance for the children. The amount
of the allowance is calculated according to the father’s means.
Non-payment constitutes
a criminal offence punishable under article 261 of the
Criminal Code.
256. Article 260-1 of the Criminal Code condemns fathers
or mothers who, without serious cause, abandon the family home for more than
two
months and neglect all or part of the moral or material obligations incumbent on
them by virtue of their authority as parents
or legal guardians.
2. Difficulties and constraints
257. In practice the
implementation of these legal provisions and regulations in accordance with the
letter and spirit of the Convention
on the Rights of the Child is impeded by
several factors and constraints having to do with education, living conditions,
access to
drinking water and sanitation and access to health care.
(a) Living conditions
258. The situation is
marked by a shortage of housing in urban centres, accompanied by very high
demand. It is estimated that 5,000
dwellings per year are needed to meet the
requirements
of the population in Niamey alone. The figures show that the situation of
those in housing is precarious: more than 50 per cent
of inhabitants are
tenants and about 24 per cent live rent-free or are squatters.
259. The
problem is worst in Niamey; but increasingly the main towns of the interior are
coming to resemble the capital. It was not
until 1996 that the country acquired
a code governing rental leases. In rural areas the housing is fragile and thus
rural people,
particularly children, are vulnerable in bad weather. The 1998
winter exacerbated the problem of living conditions in both rural
and urban
areas by reason of the exceptionally heavy rainfall Niger experienced.
(b) Water and sanitation
260. The basic
indicators in the “drinking water and sanitation” sector show that,
despite the efforts made since the
1980s, in particular the creation of nearly
17,000 modern water-supply points, the existence of a rainwater collection
network (over
100 kilometres) and the construction of paved roads, an
improvement has been achieved in the drinking water area only, with access
provided to over 50 per cent of the population; specifically, the rate of
coverage of drinking water requirements is 44 per cent
for rural areas and 76
per cent for urban areas.
261. However, these rates should be qualified,
as an examination of open wells has shown that some are polluted. There are no
statistics
showing how widespread the phenomenon is.
262. Waste treatment
coverage is only 5 per cent in rural areas and 79 per cent in urban areas.
Sanitation service coverage is about
17 per cent.
263. The following are
the criteria for the allocation of water-supply points in rural areas:
− One modern water point (well or borehole with a manual pump) for any village or settlement of at least 250 inhabitants, any administrative village of fewer than 250 inhabitants and any village, whether administrative or not, even with fewer than 250 inhabitants, that is farther than 5 kilometres from a modern water point;
− A modern water point for every 250 inhabitants in villages where the population is between 250 and 2,000; in such cases, a separate water point may be envisaged whenever the greatest distance an inhabitant has to cover is more than 100 metres;
− A mini piped water supply with four fire hydrants for a population over 2,000; experience has shown that the limit of 2,000 could be lowered to 1,500 for reasons of economy.
264. Hydraulic infrastructure
management policy is based on the concept of everyone having a right to water,
the beneficiaries’
duty being to maintain their water-supply point.
Waterpoint management committees have been set up in each village. Water-point
contractors and construction managers are required to create conditions for
setting up outlets for the sale of hydraulic spare parts
and simple structures
for pump repair (village handymen repairers).
265. The precarious living
conditions revealed by all the indicators are basically linked to the extreme
poverty of the country.
266. Thus the income and expenditure survey for
1993 estimated that 67 per cent of children under 16 years of age in Niger were
living
below the poverty line. This situation is the result of the poverty
of the State. A cross-section of poverty in the country shows
that 63 per cent
of the inhabitants live below the poverty line, in other words 5,269,300
people in Niger have insufficient means
to allow them to live in minimally
decent conditions. The 647,000 households concerned have in fact, on
average, less than 24,000
CFAF per year to cover their expenditure on
water, housing etc.
3. Priorities and specific goals
267. For several
years now Niger has been undertaking actions and adopting measures aimed at
halting the deterioration of the economic
situation of its people, especially
that of the poor. It has thus set up targeted programmes of job creation,
occupational reintegration
and an early warning system and measures of support
for vulnerable groups.
268. It was to remedy such shortcomings that in
March 1998 the Government of Niger prepared a new, comprehensive and coherent
strategy
to combat poverty. This blueprint for the fight against poverty,
whose legal basis is Act No. 97-024 of 8 July 1997 containing an
economic
recovery programme, should lead to immediate as well as medium-term and
long-term results. The strategies and actions included
in this programme draw
on the people’s own priorities which they took part in selecting and for
which they are ready to make
great efforts, together with the State, the donors
and civil society.
269. Niger’s programme to combat poverty was
examined at the Geneva Round Table by multilateral and bilateral organizations,
international bodies and NGOs, which have committed themselves to supporting
Niger in implementing the programme.
270. In September 1998 the
Government launched a series of seminars to inform regional executives in the
field of all the details
of the economic recovery programme, with the aim of
involving them in its implementation.
271. To date, a third of the amount
to be mobilized for the needs of the programme has been collected.
VII. EDUCATION
A. Education, including vocational training and guidance
1. Legislative, administrative or judicial measures
272. Article
19 of the Constitution provides that parents have the right and duty to bring up
and educate their children. They are supported in this by the State and
authorities.
273. The Constitution is complemented by legislative and
regulatory instruments (decrees, laws, orders) which constitute the legal
framework for education.
Act No. 98-12 of 1 June1998, which sets out the aims
of the education system, states that formal education is a means of acquiring
education and vocational training in a school setting. The Act sets forth the
right of the child to education and the obligation
of the State to make primary
education compulsory and free.
274. Thus, article 2 of the Act states
that education is compulsory for every citizen of Niger without discrimination
on the basis
of sex, race or religion. Education is compulsory from 4 to
16 years of age. No child, boy or girl, can be taken out of or excluded
from the education system for any reason whatsoever before the age of 16
years.
275. Article 7 of the Act states that education is a national
priority.
276. In administrative terms, organization of the education
system is the responsibility of the Ministry of Education, which
comprises:
A department of secondary and technical education;
A
department of pre-school and primary education;
Regional
departments;
Various guidance commissions;
Pre-school, primary
and secondary school inspectorates;
A department of private
education;
A department of education in Arabic.
A decree has
recently been adopted placing the Department of Vocational Training under the
Ministry of Education.
277. The Government has recently adopted an
education policy incorporating evaluation of the system and development of new
strategies.
2. Policy implementation infrastructure
(a) Pre-school education
278. There is no
organization act regulating pre-school education, which is available only in
certain urban centres. The limited
extent of pre-school education means that it
is not viewed as a branch of the national education system. It is the only
branch of
education in the public sector to which access is on a fee-paying
basis. The private education sector is showing increasing interest
in this
area. Historically, Catholic mission schools have been in the forefront. This
branch of education is currently under the
Department of Primary education.
(b) Primary education
279. Primary education is governed by Order No.
25-76/IP of 22 August 1945. The introduction and programmes section was amended
by
Order No. 037/MEN/FP/SG of 17 March 1988. Primary education is six
years in length and covers children from 7 to 12 years of age.
It is available
as:
Traditional French education;
Franco-Arabic
education;
Experimental education on the basis of national
languages.
(c) Experimental education
280. Experimental education uses the mother
tongue as the medium of instruction. Medersas are recognized (Order No.
005/MEN of 2 January 1966), but there is no organization act providing for
education in national languages.
The absence of such an instrument does not
make the running of experimental schools an easy matter.
281. In
1996-1997 the following statistics applied to primary
education:
School-age population: 1,540,810 (7-12 years of
age);
Number of schools: 3,063, including 69 private
schools;
Number of classes: 11,637, including 359 private
classes;
Number of pupils: 464,267, including 177,136
girls;
Number of teachers: 11,376, including 3,678
women;
Number of primary school inspectors: 75, including 12
women;
Number of educational advisers: 100, including 12
women;
Pupil/teacher ratio: between 29:1 and 42:1.
(d) Secondary education
282. Secondary education comprises two cycles:
junior high schools (CEGs) and high schools, offering two tracks.
Mini-CEGs and neighbourhood
high schools have been opened in response to demand.
In 1997 the situation was as follows:
Secondary education 1996/97
|
Teachers
|
Number of schools
|
Number of inspectors
|
|
First cycle: public
|
70 349
|
2 270
|
133
|
|
Private
|
7 560
|
261
|
27
|
|
Franco-Arabic
|
4 220
|
|
12
|
2
|
Second cycle: public
|
11 178
|
697
|
19
|
|
Private
|
1 383
|
133
|
1
|
|
Franco-Arabic
|
665
|
|
4
|
2
|
Total
|
95 355
|
3 361
|
206
|
4
|
With regard to cycles, Decree No. 64-171/MEN of 21 August 1964 governs
the status of CEGs. High schools are not governed by an organization
act. In
terms of tracks, traditional French secondary education and Franco-Arabic
education are available.
(e) Higher education
283. Higher education is governed by the
following legislation:
Decree No. 82-142/PCMS/MES/R of 29 July 1982,
governing the functions of University of Niamey schools and
institutes;
Ordinance No. 84-003 of 12 January 1984, establishing the
University of Niamey as a public State institution;
Order
No. 064/MES/R/UNI of 7 January 1985, on the organization,
functioning and areas of responsibility of University of Niamey
faculty and
institute bodies;
Decree No. 92232/PM/MEN/R of
19 June 1992, approving the University statutes.
(f) Technical and vocational education
284. A characteristic of the system of
technical and vocational training in Niger is that it falls under a number of
authorities without
there being any coordination. The lack of any structure for
coordination or overall guidance makes the system complicated, costly
and
ineffective. The situation is as follows:
(a) Technical and vocational
education under the authority of the Ministry of Education (Dan Kasawa and
Issa Beri technical high
schools; community development basic training
centres);
(b) Vocational training organized by the Civil Service, Labour
and Employment Ministry:
Kalmaharo Technology Centre,
Niamey;
Vocational and apprenticeship training centres at Niamey and
Zinder;
(c) Specialized vocational training, organized by technical
ministries in their respective areas:
Kollo Rural Development Practice
Institute;
Niamey and Zinder Public Health Schools;
Niamey
Civil Service College;
Aïr d'Agadez Mining
School;
(d) Private centres under the authority of the Civil Service,
Labour and Employment Ministry:
Centre for Electronics,
Electromechanical and Computer studies;
Management Training
Centre;
Niger Typing School;
Professional Typing
School;
(e) Programmes and projects with a significant training
component: Nigetec, CARE International, among others;
(f) Company-based
training, only loosely regulated:
Informal on-the-job
training.
285. The new Act on the Education System has definitively
resolved the issue of authority over the sector, which was previously regulated
by the Ministry of Education and the Civil Service, Labour and Employment
Ministry. The act consolidates regulation of vocational
training, henceforth to
be administered by the Ministry of Education.
(g) Teacher training
286. Primary schoolteachers and assistant
teachers are trained in four teacher training colleges under the authority
of the Ministry
of Education (Zinder, Tahoua, Maradi and
Dosso).
287. Secondary schoolteachers, primary school inspectors and
educational advisers for both levels are trained at the Advanced Teacher
Training college.
Training at teacher training colleges
|
Maradi
|
Tahoua
|
Zinder
|
|
1990
|
192
|
|
159
|
110
|
1991
|
229
|
|
187
|
70
|
1992
|
193
|
|
81
|
95
|
1993
|
279
|
|
174
|
210
|
1994
|
246
|
210
|
159
|
323
|
1995
|
147
|
18
|
118
|
211
|
Total
|
1 286
|
228
|
878
|
1 019
|
288. There are specific problems with regard to continuing training.
There are not enough resources to run an adequate inspection
service.
Nevertheless, there are certain projects offering ad hoc training for a limited
target audience. The pedagogical support
office for the project on support for
the Niger education system (ASEN) offers continuing training in certain subjects
at the secondary
level.
(h) Franco-Arabic education
289. Franco-Arabic education has existed since
1958, and is governed by an order of 2 January 1966. It includes
primary schools,
medersas, offering courses in French in some subjects
and in Arabic for others, leading to a certificate in Franco-Arabic
studies.
290. Medersas represent an increasingly significant
element in education: 137 schools out of 3,238. They are particularly
numerous in Zinder,
Tillabéry and Niamey, where they
represent 20 per cent, 19 per cent and 15 per cent of schools,
respectively.
Location, staffing and school population of Medersas 1995/1996
|
Number of schools
|
Number of classes
|
Number of teachers
|
Administrative staff
|
|
---|---|---|---|---|---|
Agadez
|
3 098
|
13
|
61
|
|
|
Diffa
|
674
|
6
|
26
|
|
|
Dosso
|
1 815
|
9
|
40
|
|
|
Maradi
|
3 304
|
12
|
78
|
|
2 (1 regional inspector)
|
Niamey
|
7 730
|
37
|
165
|
|
5 (1 primary school inspector; 1 secondary school inspector)
|
Tahoua
|
2 789
|
14
|
66
|
|
|
Tillabéry
|
2 854
|
18
|
72
|
|
|
Zinder
|
4 351
|
22
|
117
|
|
2 (1 primary school inspector)
|
Total
|
26 611
|
131
|
625
|
675
|
7
|
(i) Adult education and literacy
291. The Department of Adult Literacy and
Training (DAFA) organizes annual literacy campaigns in cooperation with
government technical
services, non-governmental organizations and other partners
operating in rural areas. These began in the 1970s in the five major
national
languages (Hausa, Djerma, Kanuri, Peulh and Tamasheq). Adult literacy has been
facilitated by the adoption of a common
alphabet.
292. The literacy rate
is 19 per cent for men and only 12.4 per cent for women. Campaigns are targeted
at adult men and women, girls,
and local and regional elected officials. In
the 19951996 campaign there were 906 literacy centres, attended by 20,789
people, including
8,437 women; 13,936 people were tested, including almost 6,000
women, with a pass rate in the end-of-year test of 46.7 per cent,
of which 29.59
per cent were women.
293. The number of literate women, after having
remained constant between 1988 and 1992, has shown an increase for the past two
years,
while the number of men enrolled, after having peaked at 23,000 in
1990, declined to 12,352 in 1996. The decline is owing in part
to inadequate
resources for DAFA and a progressive disengagement by the State and authorities.
Literacy activities are conducted
in partnership with development cooperation
agencies, which fully fund them. The following literacy statistics apply to
1996:
Enrolled: 20,789, including 8,437 women, i.e. 40.58 per
cent;
Learned to read and write: 6,505, including 1,925 women, i.e.
29.5 per cent.
Literacy campaign 1995/1996
Number of centres
|
Learned to read and write
|
|||
Men
|
Women
|
Total
|
||
Agadez
|
30
|
70
|
48
|
116
|
Diffa
|
31
|
138
|
78
|
216
|
Dosso
|
166
|
745
|
161
|
906
|
Maradi
|
112
|
675
|
294
|
969
|
Niamey Urban District
|
44
|
202
|
78
|
280
|
Tahoua
|
290
|
1 663
|
655
|
2 318
|
Tillabéry
|
146
|
697
|
314
|
1 011
|
Zinder
|
87
|
390
|
297
|
687
|
National total
|
906
|
4 580
|
1 925
|
6 505
|
(j) Private education
294. Private education is regulated by
Ordinance No. 96-35 of 19 June 1996 and its implementing decree of the same date
(No. 96-210/PCSN/MEN).
The Ordinance also deals with general education and
non-formal education, such as Koranic schools.
(k) Non-formal education
295. This branch includes Koranic schools,
unregulated vocational training and apprenticeships, catechism classes, day-care
centres
and women’s homes.
296 It is estimated that 60 per cent of
children from ages 7 to 14 graduate from Koranic schools. The act regulating
private education
classifies Koranic schools and classes as nonformal
institutions. Koranic schools are, in principle, open to all. There are
some
40,000 such schools at the village and district levels, particularly
in urban centres. Nevertheless, the vast majority of children
attending such
schools do not reach the reading/writing stage. Koranic schools are open to
both boys and girls. Religious education
only is provided, and is greatly
appreciated by parents.
(l) Special education
297. Special education covers schools for the
disabled and care facilities for abandoned children. They are under the
authority of
the Ministry of Social Development, Population, Advancement of
Women and Protection of Children, with support from the Ministry of
Education.
Special education is not structured. There are only a few centres: a school
for young blind people (Niamey) and three
schools for the deaf (Niamey, Maradi
and Zinder).
298. There is NGO involvement in this area. Caritas has
opened centres at Niamey, Maradi and Agadez to provide vocational training
for
disabled young people with minor locomotor difficulties.
3. Oversight mechanisms and strategies
299. Follow-up is through general inspection
activities and educational advisers, as well as continuing training for
teachers.
300. The new act provides for periodic follow-up and
evaluation of the education system through the bodies and structures established
for that purpose. In that connection an education oversight council has been
established. Follow-up and evaluation apply to:
Implementation of
education policy;
The purposes, objectives and functions of the various
branches of education;
Programmes and methods;
National policy
implementation structures;
Education and training
structures;
Funding, management and operation of the education
system;
Teachers, administrative staff and students.
Follow-up and
evaluation take place at the national, regional and local levels.
Administration
|
Number
of classes |
Number
of teachers |
Number
of inspectors |
Number of administrative staff
|
|
Pre-school
|
103
(14 private) |
310
(37 private) |
360
(39 private) |
2
|
|
Primary
|
|
|
|
|
117
|
Public
|
2 822
|
10 670
|
10 416
|
45
|
|
Experimental
|
42
|
181
|
185
|
-
|
5
|
Medersas
|
144
|
548
|
281
|
2
|
9
|
Private
|
67
(+ 37 medersas) |
178
(+ 138 medersas) |
178
(+ 153 medersas) |
|
The same inspectors cover private education
|
Special
|
3
|
|
|
|
|
Secondary
|
211
|
2 064
|
2 967
|
12
|
99
|
Public
|
153 (133 junior high schools + high schools)
|
1 807
|
2 568
|
11
|
|
Private
|
35 junior
high schools + 13 high schools |
320
50 |
370
160 |
1
- |
|
Franco-Arabic
|
10 (8 junior high schools and 2 high schools)
|
|
|
|
|
Literacy
|
2 721
|
|
|
|
3
|
Technical education
|
2
|
40
|
132
|
0
|
3
|
4. Factors and difficulties impeding the implementation of the Convention
301. The education system in Niger has been in
crisis since the country attained independence. Notwithstanding a plethora of
meetings
and forums, the crisis continues. There are several reasons for this
state of affairs.
(a) Immediate causes
302. Despite several attempts at fundamental
reform, education in Niger is still dominated at the base by a system of primary
education
with objectives and methods that remain essentially the same as those
prevailing before the country attained independence. In 1990
fewer than
370,000 children from 5 to 8 years of age attended primary school, out
of a theoretical schoolage population (7-12 years of age) estimated
at 1,436,200
(based on a projection of the 1988 general population
census).
303. Pre-school education, before primary school begins, was
introduced in 1977 but is available to only token numbers
(11,463 enrolments
in 1990) and is largely urban.
304. Post-primary
school adult literacy programmes, intended to offer those who were unable to
attend primary school an opportunity
to learn to read and write in their mother
tongue, are risible in terms of capacity and
objectives.
305. Retrospective analysis of the education system reveals
that the poor results obtained, despite the early focus on basic education,
is
essentially due to the poor performance of the system, which has led to
reluctance on the part of parents, who already view the
school system as having
a negative cultural influence.
Enrolment rate by type of environment
Rural
|
|||||||||||
Boys
|
Girls
|
Boys
|
Girls
|
||||||||
Gross rate 64.1
|
Net rate 47.7
|
Gross rate 53.5
|
Net rate 19.5
|
Gross rate 19.5
|
Net rate 15.0
|
Gross rate 9.5
|
Net rate 15.0
|
||||
National
|
|||||||||||
Boys
|
Girls
|
Total
|
|||||||||
Gross rate 26.3
|
Net rate
20.0 |
Gross rate
17.0 |
Net rate
13.1 |
Gross rate
28.7 |
Net rate
16.6 |
Source: UNICEF-Niger Cooperation Programme 1995-1999.
(b) Underlying causes
306. The underlying causes are as follows:
Inadequate and out-of-date infrastructure;
Inadequate staffing and demotivation of staff owing to delayed payment of salaries as a result of the country’s economic crisis and financial difficulties;
Inadequate school supplies: the ratio of one book to every two pupils maintained in earlier years can no longer be sustained;
The economic crisis has had a severe impact on communities and families, which have become impoverished and can no longer meet the educational expenses of their children;
Inadequate assumption of responsibility by local authorities in adapting schools to the local environment;
Demographic growth (3.3 per cent) is increasing the imbalance between supply and demand of education (1,500,000 children of school age in 1993 against 350,000 accepted into the formal education system);
A widely dispersed demand for education as a result of the scattered population, which adds to sectoral costs;
The inadequacy of government resources, owing to economic difficulties and a
fall in tax revenue, undermines State efforts.
(c) Structural causes
307. Structural causes include:
A rapid, progressive deterioration in the physical environment, increasing the imbalance between people and the environment and making coverage of the country difficult;
Physical distance, which results in additional infrastructure cost, limits access to educational institutions and makes oversight difficult;
The high cost of infrastructure and the country’s position in the centre of the continent, which result in higher costs for shipping of equipment and limit investment in the sector;
The crisis of authority affecting the system.
5. Progress achieved
308. An education policy and an education act
have recently been adopted. The aim of the policy is to institute an effective
education
system, accessible to the vast majority, so as to eliminate illiteracy
quickly with a view to establishing appropriate conditions
for the economic and
cultural development of the country.
309. The Education Act establishes
education as a national priority and makes the organization of the education
system the responsibility of the State.
The development of bilateral, regional
and subregional international cooperation has led to positive results in this
regard.
(a) Subregional level
310. A meeting was organized in March 1995 on
the topic “Subregional basic education”.
(b) Regional level
311. An effort has been made to harmonize
programmes in French-speaking countries.
(c) International level
312. The World Bank, through the basic
education sectoral project (PROSEF), facilitated the following activities
between 1995 and
1996:
Construction of 1,770 new
classrooms;
Renovation of 1,500 classrooms;
Distribution of 391,173 books, 353,327 mathematics workbooks and 23,300
teachers’ textbooks;
Recruitment of 1,852 teachers;
Refresher training for 1,401 teachers;
Opening of 954 double intake classes, totalling 87,988 pupils;
Establishment of a pilot project, “Practical and productive
activities” (APP), in 50 schools, together with the training
of close
to 3,500 teachers in APP.
313. Implementation of a programme to educate
girls led to an increase in enrolment from 29.2 per cent in 1995-1996 to
30.2 per cent
in 1997-1998.
314. The African Development Bank and UNICEF
are helping to meet the demand for school gardens. They are also active in
the health
field, schools, and literacy for women and girls.
315. UNESCO
is playing a key role in the follow-up to the Jomtien conference, in particular
with regard to the development of education
for all.
316. UNFPA is
becoming increasingly involved in literacy for women in rural
areas.
317. UNDP and UNESCO are providing technical support in the
formulation and implementation of a plan of action for the education component
of the framework programme on poverty alleviation.
318. Other
multilateral and bilateral partners are becoming increasingly involved in this
sector. The main actors are the African
Development Bank, the European
Development Fund (multilateral) and the French, Swiss, United States, Belgian,
German, Japanese, Arab,
Nigerian, Netherlands and other development cooperation
agencies.
Bilateral and multilateral financing
Amount (CFA francs)
|
Year or period
|
Object of financing
|
|
---|---|---|---|
Canadian development cooperation agency (ANR)
|
80 000 000
792 620 000 |
1993
1994 |
Equipment for 170 classes (primary and secondary): bench tables,
desks, chairs.
Replacement of 154 open-sided classrooms and equipment at Dosso (103 classes) and Diffa (54 classes) |
Japanese development cooperation agency (ANP)
|
3 040 000 000
3 380 000 000 |
1994
1997 |
Construction of 90 primary classrooms; 12 secondary classrooms
and a full mini-CEG in Niamey Urban District.
Replacement of 137 open-sided classrooms and equipment and construction of 27 toilets in Niamey Urban District and in the department of Tillabéry |
OPEC funds (loan)
|
1 106 000 000
3 988 000 000 |
1997
1989-1996 |
Construction and equipment of Tessaoua high school and Iferouane
CEG.
Construction and equipment of 360 primary classrooms (120 per year for 3 years) |
Aide et Action NGO
|
|
1989-1996
|
Construction and equipment of 167 new classrooms; renovation of
43 classrooms;
construction of 11 storerooms; 3 perimeter walls; 25 fences in the districts of Loga, Ouallam, Filingué and Doutchi |
World Bank (PROSEF)
IDA Norway FRG/KFW Niger Communities |
45 372 000 000
|
1995-1999
|
Construction of 1,770 primary classrooms;
Renovation of 1,500 existing classrooms; Promotion of school enrolment of girls; Enhancement of teacher training programmes; Distribution of new textbooks, including in national languages, etc. |
319. There is also considerable NGO support in this area. CARE
International, Aide et Action and Makaranta are engaged in the construction
of
new classrooms, equipment of schools, support for non-formal education and
technical and vocational training.
B. Aims of education (art. 29)
1. Legislative, administrative or judicial measures
320. The African
Charter on the Rights and Welfare of the Child provides in article 20 that
parents have a responsibility to educate
their children so as to ensure their
development.
321. The Constitution, in article 19, provides that parents
have the duty to educate children, with State support. The Constitution also
makes the State responsible for the dissemination and teaching of human rights
and fundamental freedoms.
322. Article 2 of Act No. 98-19 on the
education system provides that education is compulsory for all citizens, without
discrimination
on the basis of sex, social origin, race or religion.
Article 16 of the Act provides that the purposes of the education system
are
to:
Develop the individual’s potential and
aptitudes;
Form future leaders, both men and women, through practical
and utilitarian education;
Train responsible men and women, capable of demonstrating adaptability,
creativity and solidarity;
Cultivate virtues consistent with the development of the individual and
support for the community;
Guarantee all young people equal access to education, irrespective of
geographical, social or cultural origin;
Eradicate illiteracy in the medium term through the application of all
existing or future educational resources and by making education
in national
languages widely available in the basic cycle;
Develop both the quality and quantity of technical education and vocational
training available in accord with the socio-economic environment
in the
country;
Develop research, in particular pedagogical
research.
323. The Act provides in article 18 that the educational system
should be aimed at:
In terms of content:
Providing education rooted in the objective realities of the environment,
taking into account economic, technical, social and cultural
developments;
Enhancing scientific and technological
education;
Providing education in defence and preservation of the
environment;
Educating citizens in democracy, patriotism and national and African
unity;
Developing in each individual a spirit of solidarity, justice,
tolerance and peace;
In terms of methods:
Promoting a
spirit of observation, analysis and synthesis;
Combining theory and
practice;
Creating and stimulating a spirit of creativity, initiative
and enterprise.
2. Priorities and goals
324. The goals assigned to the education system
are to:
(a) Develop the individual’s full potential and
aptitude;
(b) Make education practical and utilitarian in
nature;
(c) Cultivate virtues propitious to the development of the
individual and support for the community;
(d) Democratize the education
system;
(e) Eradicate illiteracy;
(f) Make the system open to
universal values of civilization and current world trends;
(g) Expand
education in national languages;
(h) Develop vocational training at all
levels;
(i) Give renewed impetus to pedagogical
research.
325. Making the education system of Niger democratic is a
priority. Democratization involves education for all with a view to promoting
participation of the people in development. Democratization will necessitate
the development of basic education through:
Increasing school enrolment
and literacy rates;
Improving school enrolment of girls and literacy
among women;
Increasing participation by private education in school
enrolment efforts;
Development of an active and diversified
partnership;
Development of special education to promote the insertion and ensure the
social autonomy of the disabled;
Reduction of inter- and intraregional
disparities in school enrolment.
C. Leisure and cultural activities (art. 31)
1. Legislative, administrative or judicial measures
326. The
Constitution, in articles 11, 14 and 23, recognizes the right of each individual
to his or her own development, including the right to leisure,
sports and games
and participation in cultural activities.
327. Traditionally, the special
place of the child means that everything is done to ensure his or her
development. Facilities for
sports and games, leisure and recreational
activities are provided for.
328. Regulatory instruments on leisure and
cultural and recreational activities for children have been adopted by the
State.
329. In terms of leisure, there exist:
A centre for
training in and promotion of music at Niamey;
Cultural centres and
libraries;
Regional museums;
A congressional palace at
Niamey;
Four youth advisory centres at Niamey (2), Maradi and Dosso.
2. Constraints and difficulties
330. These are associated with inadequate human
and financial resources. The maintenance of infrastructure involves heavy
expenditure,
which the State is less and less able to meet as a result of the
economic crisis.
3. Progress achieved
331. Before its ratification of the Convention,
the State had made development of the child a priority. Thus, an annual youth
festival,
initiated in 1975, offers a framework for leisure and cultural
activities open to all young people in the country.
332. With regard to
leisure activity, Acts No. 98-085 and No. 98-086/PRN/MJS/SN,
of 6 April 1998, relating to approval of the National
Youth
Charter and the National Youth Policy Statement, respectively, contain
provisions on the adoption of measures to promote the
development of young
people in Niger.
4. Infrastructure in place
333. At present there are:
Eight
hundred youth centres throughout the country;
Eight traditional
wrestling rings;
Thirty-five youth and cultural centres at the
departmental and district levels;
Eight mini sports complexes at the
departmental level;
A congressional palace with a large hall at
Niamey;
A multi-sports stadium at Niamey.
334. With regard to leisure activities, various activities are organized periodically:
The Dan Gourmou Prize, established in 1989, is an annual music competition to
discover and support young talent;
A festival of traditional dance and music from Niger;
Niger Schoolchildren’s Week, which allows schoolchildren from all over
the country to meet and constitutes an element for the
consolidation of national
unity;
Niger Cinema Week;
Theatre and Laughter Week;
Summer vacation tournament, with sports
activities;
Commemoration of the Day of the African Child on 16 June, offering a special
framework for activities by children from all over the
country to encourage
their development.
335. NGOs and other associations are also active in
the field of leisure and cultural activities for children. Certain NGOs
organize
artistic and cultural activities for children in difficulty and have
also constructed playrooms at foster homes for abandoned
children.
336. Bilateral and multilateral partners, such as UNICEF, the
French development cooperation agency and the United States of America,
are also
involved in this area. Thus, for example, France, through the Franco-Niger
Cultural Centre, has provided a reading room,
theatre, cinema and television for
children. The United States, through the United States Cultural Centre, has
also provided a centre
for reading and various cultural activities, including
theatre, for children.
5. Priorities and goals
337. In view of their numbers young people
constitute a social force that the country cannot overlook in its development.
Thus the
priority is on a youth policy aimed at ensuring the wellbeing of young
people by making them actors in and beneficiaries of development.
In that
regard the following goals have been selected:
To inform, educate and
train young people;
To protect young people;
To ensure their social
integration;
To improve living conditions for young people.
VIII. SPECIAL PROTECTION MEASURES
A. Refugee children (art. 22)
1. Legislative, administrative or legal measures
338. Niger
is a party to the United Nations Convention of 28 July 1951 relating to the
Status of Refugees, amended by the Protocol
of 31 January 1967, to the
African Unity Convention of 10 September 1969 governing the Specific
Aspects of Refugee Problems in Africa
and to the African Charter on the Rights
and Welfare of the Child.
2. Infrastructure in place
339. A camp has been set up in the eastern part of
the country (Gouré) for Chadian, Burundian, Zairian and other refugees.
It comprises housing, a primary school, an
infirmary and apprenticeship workshops. The work being done by Niger
is supported by
the High Commissioner for Refugees and friendly
countries and is concentrated in the fields of food, accommodation, health,
the schooling
of children and adult literacy.
3. Monitoring and follow-up mechanisms and strategies
340. An Inter-Ministerial Commission has been
established to implement follow-up measures and evaluate the work undertaken.
This
Commission, which is subordinate to the Ministry of the Interior and
Physical Planning, acts in close cooperation with the National
Red Cross and the
Office of the High Commissioner for Refugees.
341. Work has begun on a
social integration programme elaborated by mutual agreement between the
Government of Niger and the Office
of the High Commissioner for Refugees.
The programme, which covers food, health and education, is aimed primarily
at women and children.
4. Difficulties encountered
342. The main difficulty is due to the fact that
the refugees live side by side with the local inhabitants who, themselves
usually
destitute, take a dim view of the arrival of these outsiders who appear
to enjoy favoured treatment.
5. Progress achieved, priorities and specific goals
343. The progress made in this field comprises the
construction - with the agreement of the local authorities - of a permanent
social
and educational complex replacing straw huts and tents.
344. The
ultimate goal is the voluntary repatriation of the refugees to their countries
of origin.
B. Children in armed conflicts (art. 38)
1. Legislative, administrative or judicial measures
345. The displaced
populations are returning to their respective regions of origin under the peace
agreement concluded in 1995 between
the State of Niger and the various factions
which participated in the armed rebellion. For this purpose, the Office of the
High
Commissioner for the Restoration of Peace has been established with local
offices in the areas concerned (Agades, Tahoua, Diffa).
2. Infrastructure in place
346. The camps set up in areas where most of these
refugees are being settled are actually complexes, comprising a social and
educational
infrastructure (schools, dispensaries, women’s homes, grain
mills, etc.).
3. Difficulties encountered
347. Socio-professional reintegration after a long
absence is the main problem.
4. Progress achieved
348. A major social reintegration project for
displaced persons was elaborated with the help of donors and friendly countries
(European
Union, FED, UNDP, UNICEF, World Bank, Algeria, Belgium, Burkina Faso,
France, Germany, Libyan Arab Jamahiriya, etc.).
349. Women and children
are given priority under this project, particularly as regards
schooling.
350. In the framework of the peace agreement, a protocol was
signed between the Government of Niger and the NGO Monaco Aide-Presence
in
respect of displaced children from the north.
C. Administration of juvenile justice (art. 4)
1. Administrative, legislative or judicial measures
351. Articles 15 of the
Constitution states that no person can be arrested or incarcerated except under
a law previously adopted and when informed of the facts. Moreover,
article 17
states that any persons accused of a felonious act shall be presumed innocent
until their guilt is established legally
through a public trial during which all
necessary guarantees for their defence are assured. No person shall be
condemned for the
commission or omission of any act which, at the time when it
was committed, did not constitute an infraction under national law.
Likewise,
no person shall be inflicted with any penalty heavier than that applicable at
the time the infraction was committed.
352. The Criminal Code and the
Code of Criminal Procedure contain specific provisions on the administration of
juvenile justice.
For example, children in conflict with the law may not be
judged on the basis of flagrante delicto or summons procedure.
353. A
judicial investigation must be carried out.
354. The Decree of November
1928 made provision for special juvenile courts. It may be noted that the
training of juvenile magistrates
began in 1996.
2. Infrastructure in place
355. At the present time, a minor in conflict with
the law is brought before a court of general jurisdiction.
3. Difficulties encountered
356. These difficulties are due mainly to the lack
of resources and real political will to establish institutions for the
administration
of juvenile justice.
4. Progress achieved
357. A bill establishing a juvenile court has been
drafted and submitted to the competent authorities. Ten juvenile magistrates
have
been trained.
5. Priorities and goals
358. Priority in matters of juvenile justice is
accorded to the adoption of a law on minors, the training of a sufficient number
of
juvenile magistrates and the effective establishment of juvenile courts by
2000.
D. Children deprived of their liberty
1. Administrative, legislative or judicial measures
359. Article 12 of the
Constitution states that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.
360. The Criminal Code
states that a minor may not be sentenced to death.
361. The arrest,
detention and imprisonment of minors are governed by the Criminal Code and the
Code of Criminal Procedure.
362. There are no special quarters for minors
who are detained or imprisoned.
363. Children deprived of their liberty
become the responsibility of the social services attached to various courts and
to the legal
aid body through a court-appointed lawyer. Contact with the family
is arranged by the social services attached to various courts.
364. A survey
conducted in urban areas in January 1998 by the scouts of Niger revealed that
minors accounted for 1.68 per cent of
the prison population in the Niamey civil
prison.
2. Infrastructure in place
365. Only the Niamey civil prison has separate
quarters for minors at the present time.
3. Difficulties encountered
366. Difficulties are due to the lack of human
resources and of the State’s material and financial resources. Other
difficulties
are created by the slowness of the judicial process in reaching
decisions concerning children.
4. Progress achieved
367. The progress achieved consists essentially of
a project for the construction of quarters for juveniles in various prisons as
well as the strict regulation of the pre-trial detention of
children.
368. Under the juveniles bill, the pre-trial detention of a
minor must not exceed three months, subject to one three-month extension
in the
case of correctional offences. In criminal offences, pre-trial detention may
not exceed one year, with a single extension
of the same duration. It should be
noted, however, that these provisions apply only to children under 13 years of
age.
E. The sentencing of juveniles
1. Legislative, administrative or judicial measures
369. Under article 45 of
the Criminal Code, juveniles of under 13 cannot be held criminally responsible
for their acts. For this
reason, regardless of the gravity of their offence,
they cannot be prosecuted.
370. Juveniles of 13 to 18 years of age who
have committed an offence will be acquitted if it is found that they
acted without due
discernment. However, protection, assistance or reeducation
measures, depending on the circumstances of the case, will be applied
(Criminal Code, art. 46).
371. On the other hand, if minors of 13 to
18 years of age have acted with discernment their sentence will be reduced in
the proportions
specified in article 47 of the Criminal Code:
Had they been liable to a sentence of death or life imprisonment, they will be sentenced only to 10 to 30 years’ imprisonment;
Had they been liable to 10 to 30 years’ imprisonment, they will be sentenced only to one half of this period;
Had they been liable to a correctional or minor penalty, they will be sentenced to serve only one half of the period for which they would have been sentenced had they been 18 years of age, the legal age in criminal matters being fixed at 18.
2. Difficulties encountered
372. Difficulties are due mainly to the slowness of
judicial procedures. For this reason, the period of pre-trial detention is
often
long so that in practice judges hand down sentences covering the period of
pre-trail detention, whereas if the juveniles had been
judged much more quickly,
they might have received a shorter sentence.
3. Progress achieved
373. Under the juveniles bill, the court may, after
having found the juvenile guilty:
Quash the sentence if it is found that the juvenile has been rehabilitated, that the injury has been made good and that the disturbance caused by the offence will cease;
Defer sentencing for a period of up to one year if it is found that the juvenile has been rehabilitated, that the injury has been made good and that the disturbance caused by the offence will cease;
Admonish or reprimand the juvenile; or
Order the application of protection measures (to be monitored by the juvenile magistrate).
F. Physical and psychological recovery and social reintegration (art. 39)
1. Legislative, administrative or judicial measures
374. The legal basis for
rehabilitation and social reintegration measures is the 1928 Juveniles
Decree.
2. Infrastructure in place
375. The Dakoro Rehabilitation Centre
ensure:
Schooling and training in civics;
Apprenticeship of a trade with a view to socio-professional reintegration;
A return to community life.
3. Difficulties encountered
376. Difficulties are due mainly to the lack of suitable facilities, as well as the unsuitability of the single centre available which fails to satisfy present-day needs.
4. Progress achieved
377. Various NGOs are endeavouring to create social
reintegration facilities for all children in difficulty. One local NGO, for
example,
has established two advisory centres in the Niamey urban
district.
G. Children in situations of economic exploitation,
including child labour (art. 32)
1. Administrative, legislative or judicial measures
378. Article
25 of the Niger Constitution of 12 May 1996 stipulates:
“The State shall recognize the right of all citizens to work and strive to create conditions which promote the enjoyment of this right and which guarantee to all workers fair compensation for their goods or services.”
379. Niger has ratified the ILO Minimum Age Convention (No. 138).
2. Monitoring infrastructures and mechanisms
380. The technical services of the Ministry of
the Civil Service and Labour and the Labour Inspectorate are responsible
for monitoring
and regulating labour, employment and industrial disputes in
the formal sector. These services comprise the Manpower Directorate,
the Manpower and Labour General Inspectorate and the Labour and Social
Security Department.
381. However, there is no specific machinery for
monitoring child labour which is more widespread in the informal sector.
Distribution of children in the informal
sector,
by sex and socio-professional category
Nature of work
|
Total
|
Boys
|
Girls
|
Independent
|
59 127
|
33 823
|
25 304
|
Home help
|
482 768
|
889 660
|
93 108
|
Pieceworkers
|
2 219
|
1 659
|
560
|
Apprentices
|
4 092
|
3 711
|
381
|
Employers
|
493
|
377
|
116
|
Others
|
6 224
|
4 076
|
2 148
|
Total
|
55 923
|
433 306
|
121 617
|
Source: Final report on child labour, November 1996.
Characteristics of child labour in the informal sector |
|||||
Activity
|
Sex and age
|
Position
|
Nature of activity
|
Conditions of work and environment
|
Dangers to which children are exposed
|
Bootblack
|
Male, 13 and over
|
Independent
|
Monotonous
|
All day in the street
|
Accidents, violence, drugs
|
Car minder
|
Male, 13 and over
|
Independent
|
Monotonous
|
All day in the open
|
Aggression
|
Joinery apprentice (wood and metal)
|
Male, 10 and over
|
Apprentice
|
Taxing
|
All day in the workshop
|
Physical deformation
|
Apprentice tailor
|
Male and female, 12 and over
|
Apprentice
|
Monotonous
|
All day without wages
|
Schooling suffers
|
Porter
|
Male, 9 and over
|
Independent
|
Taxing
|
All day at the market or in a shop
|
Aggression, physical deformation
|
Servant
|
Male and female, 12 and over
|
Home help and independent
|
Taxing and monotonous
|
All day
|
Sexual aggression, fatigue
|
Beggar
|
Male and female, 6 and over
|
Home help (parent or marabout)
|
Monotonous
|
All day
|
Aggression, prostitution, theft
|
Apprentice mechanic
|
Male and female, 10 and over
|
Apprentice
|
Taxing
|
All day without wages
|
Accident, physical deformation
|
Source: Daouda Ali, Child Labour in Niger, Final Report,
Niamey Survey, April 1996.
3. Difficulties encountered
382. One difficulty is of a legal nature, in that
whereas the legal age for the end of compulsory education is fixed at 16, the
Labour
Code states that a child of 14 can take on certain jobs or become an
apprentice. Yet the greatest difficulty is due to the fact
that child labour
occurs mainly in the informal sector, so that the various safety measures
provided for in the regulations are rendered
ineffective.
383. The
problem of child labour is aggravated by the increasing poverty of
parents.
384. Yet another problem is created by the gradual withdrawal of
the State from so-called “social” sectors due to financial
difficulties.
4. Progress achieved
385. There are two trade unions in Niger, namely,
L’Union des syndicats des travailleurs du Niger (USTN) and the
Confédération
générale du travail (CGT). The
Ministry of Labour intends to associate these bodies with the policy designed to
abolish
child labour.
386. It may be noted that USTN, which was formerly
the only trade union, has participated actively in the process of protecting
workers
in their workplaces. For example, teacher courses for the training of
trainers in occupational health and safety were organized
in Niamey with the
technical and financial support of ILO and the DANIDA project. Participants
included representatives of trade
unions and employer’s
associations.
387. NGOs are also combating child labour. For example,
the NGOs Alten and Often, which participated actively in the child labour
surveys conducted in Niger in 1998-1999, are deeply committed to the prevention
of child labour.
H. Drug abuse
1. Administrative, legislative or judicial measures
388. The possession,
trade in and use of drugs are regulated by Ordinance No. 74-30
of 8 November 1994 and Decree No. 77-168 of 8
December
1977.
389. Their provisions include measures for the treatment of drug
addicts.
2. Follow-up infrastructures and mechanisms
390. Niger has an anti-drug squad, a centre for
combating the use of toxic products and a National Anti-drugs
Commission.
3. Difficulties encountered
391. The first difficulty is of a legal nature, in
that most of the children with drug problems use local plants or chemical
products
with hallucinogenic effects. Since these products are not among those
listed in the law, judges have no legal basis for punishing
their
use.
392. Another difficulty is that, whereas the law provides for the
treatment of drug addicts, there is no centre for this purpose in
Niger. The
most serious cases are handled by the psychiatric
services.
393. According to the prison survey carried out by the scouts
of Niger in January 1998, the 34 persons sentenced to prison terms for
drug use represented 8.90 per cent of the prison population.
394. The
survey of the situation of child drug addicts in the Niamey urban district
covering 30 children (21 boys and 9 girls) revealed
the
following:
Distribution by age and sex
6-9
|
10-13
|
14-18
|
Total
|
|||||
Sex
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
Boys
|
-
|
-
|
5
|
16.66
|
16
|
53.33
|
21
|
70
|
Girls
|
-
|
-
|
6
|
20.00
|
3
|
10.00
|
9
|
39
|
Total
|
-
|
-
|
11
|
36.66
|
19
|
63.33
|
30
|
109
|
Distribution by educational level
Not attending school
|
Koranic school
|
First year class
|
Primary classes
|
Intermediate classes
|
Class 6
|
Total
|
||||||||
Sex
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%.
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
Boys
|
2
|
6.66
|
3
|
10
|
7
|
23.33
|
4
|
13.33
|
4
|
13.33
|
1
|
3.33
|
21
|
70
|
Girls
|
1
|
3.33
|
0
|
0
|
3
|
10.00
|
4
|
13.33
|
1
|
3.33
|
0
|
0
|
9
|
30
|
Total
|
3
|
10.00
|
3
|
10
|
10
|
33.33
|
8
|
26.66
|
5
|
16.66
|
1
|
3.33
|
30
|
100
|
Distribution by activity
Apprentice artisans
|
Car minders
|
Porters
|
Hawkers
|
Koranic students
|
Unemployed
|
Prostitutes
|
Total
|
|||||||||
Sex
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
Boys
|
3
|
10
|
10
|
3.33
|
3
|
10
|
2
|
6.66
|
2
|
6.66
|
1
|
3.33
|
0
|
0
|
21
|
70
|
Girls
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
9
|
30
|
9
|
30
|
Total
|
3
|
10
|
10
|
3.33
|
3
|
10
|
2
|
6.66
|
2
|
6.66
|
1
|
3.33
|
9
|
30
|
30
|
100
|
Distribution by type of drug used
Type of drug |
Glue |
Solvent |
Hemp |
Amphetamines |
||||
Sex |
No. |
% |
No. |
% |
No. |
% |
No. |
% |
Boys (total: 21) |
17 |
80.95 |
13 |
61.90 |
7 |
33.33 |
5 |
23.80 |
Girls (total: 9) |
0 |
- |
0 |
- |
5 |
55.55 |
4 |
44.44 |
I. Sexual exploitation and sexual abuse (art. 34)
1. Administration, legislative or judicial measures
395. Under
the Criminal Code, sexual abuse is punished more severely if the victim is a
child. For example, indecent assault on a
child of under 13 is punished by 2 to
10 years’ imprisonment (Criminal Code, art. 278). Indecent assault
accompanied by violence
on a minor of under 13 is punished by 10 to 20
years’ imprisonment (art. 280). Indecent acts committed against a minor
of
the same sex are also punished. The rape of a child of under 13 is punished
by 15 to 30 years’ imprisonment.
396. Procuring and the incitement
of minors to immoral behaviour are also punished more severely if the minor is
less than 13 years
of age. Sentences run from two to five years’
imprisonment.
2. Follow-up mechanism
397. The vice squad and the legal officers of the
courts are responsible for the identification and prosecution of cases of sexual
abuse against children.
3. Difficulties encountered
398. These are of a legal nature. The law
specifically protects minors under 13 years of age against sexual abuse or
exploitation;
in this respect it is not in conformity with the spirit and letter
of the Convention on the Rights of the Child, under which the
child is protected
up to the age of 18.
399. Some difficulties are of a cultural nature in
that the population is reluctant to report this kind of offence, and others are
due to the meagre human and material resources available to the squads working
in this area. Lastly, yet other difficulties are
due to the extreme poverty of
the population with the result that parents opt out and become too lax and even
indulgent with respect
to their children.
4. Progress achieved
400. It is the task of the Criminal Justice Reform
Commission, attached to the Ministry of Justice, to bring Niger’s laws and
regulations into line with the Convention on the Rights of the
Child.
401. A programme to combat poverty adopted by the Government with
the help of its development partners may prove to be the answer
to the problem
of sexual exploitation.
402. One NGO provides care for young prostitutes
of 9 to 22 years of age. The following action has been taken by the NGO
Action pour les mineurs isolés du Niger (AMIN) to improve the
living conditions of these sexually exploited girls in Niamey:
A camp for 40 girls in difficulty was set up to promote exchanges of
information and provide education;
138 ill girls received free medical
treatment;
Seven outings were organized;
Three girls were
selected for schooling;
30 girls were enrolled in literacy
classes;
A paternity search and/or subsidies plan was developed with the
assistance of a consulting lawyer;
Three dietetic demonstrations were
given at the outreach centre;
31 neighbourhood meetings were
held;
A basketball team was organized.
5. Priorities and objectives
403. The objectives adopted in the framework of the
child protection policy were as follows:
Protection of illtreated
children;
Alleviation of the suffering of illtreated
children.
The strategies agreed upon were:
Assistance to
illtreated children;
Arousing the awareness of parents;
The
education or training of illtreated children.
J. Sale, trafficking and abduction (art. 35)
404. The abduction, harbouring, concealment or
substitution of a child as well as failure to hand it over to the person
entitled to
its custody are offences punishable under the Penal Code.
It should be noted, however, that the sale of or trafficking in children
are not officially known in Niger. One NGO, Timidria, is making efforts to
combat slavery in certain traditionalist areas of the
country.
K. Children belonging to a minority (art. 30)
405. The Constitution of Niger proclaims the
equality of all citizens without distinction as to racial, ethnic or religious
background. Freedom of religion
is also guaranteed by the Constitution which
also proclaims the right of each person to full economic, intellectual and
spiritual development. It further states that all
communities comprising the
nation of Niger shall enjoy the freedom of using their own languages while
respecting those of others.
The Constitution respects and protects all beliefs,
and any propaganda of a regional, racist or ethnic character and any display of
racial, ethnic,
political or religious discrimination is punished under the
Criminal Code.
406. It should be emphasized that no discriminatory
practices based on race, ethnic group or religion have been reported in
Niger.
Conclusion
407. In conclusion, attention is drawn to the
following:
The clear determination of the State of Niger to implement the Convention on the Rights of the Child;
The existence of real difficulties hampering the Convention’s implementation;
The obvious development of cooperation between the State and the international community, as well as with NGOs and other associations, with a view to implementing the Convention.
408. Niger’s determination to implement the Convention is reflected
in the adoption of various institutional, administrative
and judicial measures.
For example, Niger was one of the first countries to ratify, in 1990, the
Convention, to establish a National
Committee for the Survival, Protection and
Development of Children and to prepare a national plan of action.
409. A
Department for Child Protection and a “Survival of Children”
Division were established respectively in the Ministry
of Social Development,
Population, the Promotion of Women and the Protection of Children, and in the
Ministry of Public Health.
410. Niger has also taken steps to publicize
the Convention by having it translated into four national languages and having
the text
disseminated through seminars, workshops, broadcasts and the
media.
411. Lastly, work has begun on the task of bringing national laws and
regulations into line with the provisions of the Convention,
particularly as
regards the definition of the child and civil rights and freedoms. This task
was entrusted to the National Commission
on the Reform of Civil and Criminal
Legislation attached to the Ministry of Justice and Human
Rights.
412. However, despite Niger’s clear determination, the
exercise of the various rights recognized in the Convention is encountering
real
difficulties in practice. An analysis of the situation in the country reveals
that there is a considerable gap between theory
and practice, particularly in
key sectors such as education and health.
413. In matters of education,
the State recognizes, through the Convention as well as on the basis of national
legislation, that every
child has the right to education without distinction as
to sex, race or religion. In reality, however, not every child has access
to
education, and disparities between girls and boys and between urban and rural
children who are poor and not poor are still apparent.
414. Moreover,
access to health care for all children is still problematic. The maternal death
rate remains unchanged and infant/juvenile
mortality rates are not declining at
the pace hoped for. A large number of children experience growth difficulties
due to malnutrition,
lack of access to drinking water,
etc.
415. Fortunately Niger has, in accordance with the undertaking
assumed under article 44 of the Convention, developed active cooperation
not
only with multilateral bodies but also with bilateral partners and NGOs and
associations.
416. The sectoral policies adopted in matters of survival,
development or protection reflect the State’s determination to develop
cooperation with a view to attaining the various objectives laid down in the
national plan of action. Through these policies the
State recognizes the
existence of linkage between various rights and takes it into account in the
preparation of programmes.
417. International agencies such as UNDP,
UNICEF, UNESCO, WHO and ILO, as well as bilateral partners such as Belgium,
France and Germany,
are supporting Niger in the framework of the National Plan
of Action for the Survival, Protection and Development of Children. The
Government’s efforts to develop a programme of cooperation with UNICEF
based on children’s rights for 2000-2004 should
be
supported.
418. International NGOs (such as HKI, CARITAS, CARE
International and Aid and Action), as well as increasing numbers of national
NGOs,
are also working to ensure the survival, protection and development of
children in Niger.
419. Various NGOs are extremely active in the field of
protection, for example, and particularly in efforts to combat economic
exploitation
(sexual and other), sexually transmitted diseases and AIDS and
child labour. They are also making efforts to bring about the social
reintegration of street children, children in conflict with the law and children
with drug problems. The National Workshop on the
20/20 Initiative and the
recommendations made as a result of work on the financing of basic social
services reflect this commitment.
420. If this trend continues,
Niger’s next periodic report will undoubtedly announce a quantitative
and qualitative improvement
in the situation of children in the country,
particularly in the case of certain indicators such as the number of girls
receiving
schooling, health coverage, the population/doctor ratio and the
maternal, infant and infant/juvenile mortality rates.
421. There will
also be an improvement in the protection of children, particularly as a result
of the establishment of juvenile courts,
the extension of the judicial system,
the reduction of drug use among minors and care for the sexual health of
adolescents.
List of documents used
Treaties, instruments, laws and regulations
African Charter on the Rights and Welfare of the Child;
Labour Code of the Republic of the Niger;
Criminal Code of Niger;
Constitution of Niger of 12 May 1996;
ILO Minimum Wage Convention (No. 138);
ILO Worst Forms of Child Labour Convention, 1999 (No. 182);
Convention on the Rights of the Child;
Collection of laws and regulations of the Republic of the Niger, Ed. 1994.
National plans and policies
National Youth Charter;
Youth policy document;
Population policy document;
Educational policy document;
Sectoral health policy document;
Plan of operations of the Expanded Programme of Immunization (EPI), 1993-2000;
National health development plan, 1994-2000;
National and sectoral plans on child labour in Niger, March 1999;
National Plan of Action for the Survival, Protection and Development of Children;
Programme of action of the Ministry of Justice and Human Rights, May 1998;
Niger-UNICEF Cooperation Programme 1995-1999.
Other documents
Acts of the National Preparatory Symposium on the establishment of a juvenile court in Niger;
Analysis of the situation of children and women in Niger, preliminary version, 1998;
Analysis of the persistence of high infant/juvenile mortality rates in Niger, 1998;
Demographic and health survey (EDNS II), preliminary version, 1997;
Demographic and health survey in Niger, 1992;
Survey on the situation of child drug addicts in the Niamey urban community, September 1997;
Population and Development, Ed. February 1994;
Report on activities under the project “Action on behalf of Abandoned Minors in Niger”
(AMIN);
Report on the activities of the Ministry of Social Development, Population, the Advancement of Women and Child Protection, 1997-1998;
Final report on child labour surveys in Niger, March 1999;
General report of the workshop on the preparation of the report on the implementation of the Convention on the Rights of the Child, held in Kollo from 13 to 15 December 1995;
Initial report: Kollo document;
Initial report: CCOG document.
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