CEDAW/C/NER/CO/3-4

Distr.: General
21 July 2017

Original: English

ADVANCE UNEDITED VERSION

Committee on the Elimination of Discrimination

against Women

Concluding observations on the combined third and fourth

periodic reports of Niger*
1. The Committee considered the combined third and fourth periodic reports of Niger
(CEDAW/C/NER/3-4) at its 1516th and 1517th meetings, on 13 July 2017 (see
CEDAW/C/SR.1516 and 1517). The Committee’s list of issues and questions are contained
in CEDAW/C/NER/Q/3-4 and the responses of Niger are contained in CEDAW/C/NER/Q/3-
4/Add.1.

A. Introduction

2. The Committee appreciates the submission of the State party of its combined third
and fourth periodic reports. It also appreciates the State party’s written replies to the list of
issues and questions raised by its pre-sessional working group, as well as the oral presentation
by the delegation and the further clarifications provided in response to the questions posed
orally by the Committee during the dialogue.
3. The Committee commends the State party on its high-level delegation, which was
headed by Her Excellency El Back Zeinabou Tari Bako, Minister for the Advancement of
Women and Protection of Children, and included representatives of the Ministry for the
Advancement of Women and Protection of Children, the Ministry of Justice, the Inter-
Ministerial Committee on treaty body reporting, and of the Mission of Niger to the United
Nations Office and other international organizations in Geneva.

B. Positive Aspects

4. The Committee welcomes the progress achieved since the consideration in 2007 of
the State party’s second periodic report (CEDAW/C/NER/CO/2) in undertaking legislative
reforms, in particular the adoption of:
(a) The Constitution of 25 November 2010, enshrining, inter alia, equality before
the law without distinction on grounds of sex (art. 8), and further pledging to eliminate all
forms of discrimination against women, girls and persons with disabilities (art. 22);
(b) Law No. 2014-60 of 5 November 2014 relating to the Nationality Code,
allowing women to transfer Nigerien citizenship through marriage and introducing the
possibility of dual citizenship;
(c) Law No. 2014-64 of 5 November 2014 amending the Quota Act (No. 2000-
008 of 7 June 2000) to raise, from 10 to 15 per cent, the quota for both sexes in elected office;

* Adopted by the Committee at its sixty-seventh session (3-21 July 2017).

CEDAW/C/NER/CO/3-4

(d) Act No. 2012-45 of 25 September 2012, amending the Labour Code by, inter
alia, extending the list of prohibited grounds of discrimination, increasing the penalties for
discrimination, and prohibiting sexual harassment in the workplace; and,
(e) Order No. 2010-086/P/CSRD/MJ/DH of 16 December 2010 on combating
trafficking in persons, and as updated by Act No. 2015-36 of 26 May 2015 on prohibiting
migrant trafficking.
5. The Committee welcomes the State party’s efforts to improve its institutional and
policy framework aimed at accelerating the elimination of discrimination against women
and promoting gender equality, such as:
(a) The establishment of the National Human Rights Commission through Act No.
2012-44 of 24 August 2012, in line with the Principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles), with the
mandate to, inter alia, promote and protect women’s rights;
(b) The establishment of the National Coordinating Committee and the National
Agency for Combating Trafficking in Persons by Decrees No. 2012-083/PRN/MJ and No.
2012-082/PRN/MJ, respectively, in 2012;
(c) The creation of the National Agency for Legal and Judicial Assistance, through
Law No. 2011-42 of 14 December 2011, to provide legal assistance for persons in situations
of vulnerability, including women in specific cases; and,
(d) The adoption of a National Gender Policy (2008) and its National Action Plan
(2009-2018).
6. The Committee welcomes the fact that, in the period since the consideration of the
previous report, the State party has ratified or acceded to the following international
instruments:
(a) The Convention for the Protection of All Persons from Enforced Disappearance, in
2015;
(b) The Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights, in 2014;
(c) The Optional Protocol to the Convention against Torture, in 2014;
(d) The Convention relating to the Status of Stateless Persons, in 2014;
(e) The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention), in 2012;
(f) The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, in 2012;
(g) The International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families, in 2009; and,
(h) The Convention on the Rights of Persons with Disabilities, in 2008.

C. National Assembly

7. The Committee stresses the crucial role of the legislative power in ensuring the
full implementation of the Convention (see the statement by the Committee on its
relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites
the National Assembly, in line with its mandate, to take the necessary steps regarding
the implementation of the present concluding observations between now and the next
reporting period under the Convention.

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D. Principal areas of concern and recommendations

Withdrawal of reservations
8. The Committee takes note of the State party’s acceptance during its 2014 Universal
Periodic Review (A/HRC/32/5) of the recommendations to review its reservations to article
2 (d) and (f), article 5 (a), article 15 (4) and article 16 (c), (e) and (g) of the Convention and
the establishment of a national committee to consider their withdrawal. The Committee is
concerned that no timeframe has been set for the completion of this review.
9. Recalling its statement on reservations, adopted at its nineteenth session, in 1998,
the Committee considers that the reservations to articles 2 and 16 are incompatible with
the object and purpose of the Convention and that they are therefore impermissible and
should be withdrawn. It reiterates that the withdrawal of the reservations, or the
narrowing of their scope, is essential for the full implementation of the Convention in
the State party and that neither traditional, religious or cultural practices nor
incompatible national laws and policies can be invoked to justify reservations to the
Convention. The Committee recommends that the State party:
(a) Expedite the review of all its reservations to the Convention, with a view to
withdrawing them or narrowing their scope within an established timeframe, in
consultation with traditional leaders and women’s civil society groups. In this context,
it recommends that the State party take into consideration the experiences of other
Muslim countries that have withdrawn reservations to the Convention; and,
(b) Seek and utilize technical support from development partners, as appropriate,
in addressing national constraints to the full adoption and implementation of the
Convention without reservations.

Women peace and security

10. The Committee notes that recent terrorist attacks have resulted in major population
displacement with an estimated 242,000 persons comprising asylum seekers, refugees,
returnees and internally displaced person in the Diffa region alone. The Committee
commends the State party for the adoption of Act No. 2015-36 of 26 May 2015 on prohibiting
migrant trafficking, and its open border and reception policy for refugees. It is however
concerned that:
(a) No strategic policy or legislative response exists to address the extremely
precarious conditions of displaced women and girls in the State party, as particularly
aggravated in the Lake Chad region;
(b) Displaced women and girls are at risk of sexual and gender-based violence, as
well as early and forced marriage, human trafficking, forced prostitution and abduction by
terrorist groups for use in suicide bombings and sexual slavery; and,
(c) No independent mechanism exists with a mandate to investigate all allegations
of gender-based violence and other rights violations against women and girls by security
forces and terrorist groups.
11. The Committee recommends, in line with its general recommendations No. 30
(2013) on women in conflict prevention, conflict and post-conflict situations, and No. 32
(2014) on the gender-related dimensions of refugee status, asylum, nationality and
statelessness, that the State party:
(a) Expedite the adoption of a policy and legislative framework to guarantee the
security of asylum seeker, refugee, returnee and displaced women and girls and ensure
their access to food supplies, clean water and sanitation, shelter, health care, and
education, and facilitated acquisition of identity documentation;
(b) Collect data on incidents of gender-based violence against women and girls, in
particular sexual violence, and incidents of early and forced marriage, human
trafficking, forced prostitution and abduction by terrorist groups in the State party;

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(c) Establish a specialized mechanism to investigate allegations of human rights

violations and acts of violence by security forces and terrorist groups, with particular
attention to gender-based violence and other rights violations perpetrated against
women and girls, bringing perpetrators to justice and ensuring compensation and
rehabilitation for victims; and,
(d) Avail itself of the financial and technical assistance provided by international
development partners to ensure the inclusion and participation of women at all stages
of the peace-making, stabilization and reconstruction process, in line with UN Security
Council resolution 1325 (2000).

Constitutional framework and discriminatory laws

12. The Committee welcomes the Constitutional prohibition of discrimination based on
sex (art. 8), the State party’s pledge to eliminate all forms of discrimination against women
(art 22), and the guarantee that ratified international treaties take precedence over domestic
legislation (art. 171). However, it notes with concern:
(a) The definition of discrimination against women which prohibits direct and indirect
discrimination in accordance with article 1 of the Convention, is not being visibly
implemented by the State party in practice;
(b) That Act No. 62-11 of 16 March 1962 and Law No. 2004-50 of 22 July 2004 give
precedence to the application of customary law over civil law in most personal status matters,
including marriage, divorce, direct descent, inheritance, settlement of assets and wills, and in
relation to property ownership, adversely affecting women and girls; and,
(c) No timeframe is envisaged to repeal discriminatory legislation, including provisions
in the Civil Code regulating, inter alia, the matrimonial home (art. 108), the status of head of
household and paternal power (art. 213 to 216), the legal capacity of a married women (art.
506 to 507), remarriage (art. 228, 296), the exercise of guardianship over children (art. 389
to 396, 405), and the distribution of marital assets (art. 818); and,
(d) That the draft Personal Status Code (2010) was not adopted due to hostility of certain
groups.
13. With reference to its general recommendation No. 28 (2010) on the core
obligations of States parties under article 2 of the Convention, the Committee
recommends that the State party accord priority to its law reform process taking into
consideration the links between articles 1 and 2 of the Convention and Sustainable
Development Goal 5.1, to end all forms of discrimination against all women and girls
everywhere, and within a set timeframe to:
(a) Reinforce the substantive equality of women in law and in practice by
ensuring the application of a definition of discrimination against women that is in line
with article 1, covering direct and indirect discrimination in both the public and private
spheres, and recognizing intersecting forms of discrimination;
(b) Harmonize statutory and customary laws with the provisions of the Convention
and repeal all legislation that is incompatible with the principle of equality of women
and men and the prohibition of sex-based discrimination;
(c) Initiate open and inclusive public debates regarding diversity of opinion and
interpretation with regard to customary personal laws and practices and, with the
participation of women’s civil society organizations, raise awareness among
parliamentarians, traditional leaders and the general public on the importance of
comprehensive, consistent and coherent legal reform to achieve substantive equality of
women and men in view of building consensus for the adoption of a non-discriminatory
Personal Status Code; and,
(d) Expedite the ratification of the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa.

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Access to justice
14. The Committee notes the State party’s declaration of free judicial assistance for all
women in select court proceedings, including in family law matters. It further notes the
capacity building programmes for judges, lawyers and law enforcement professionals on the
Convention but regrets the lack of information on any cases in which the Convention has
been invoked before the national courts. The Committee remains concerned about women’s
limited access to justice mainly due to:
(a) Judicial and legal aid services being concentrated in the capital;
(b) Women’s low awareness of their rights and how to claim them, given the high poverty
and illiteracy rates of women in the State party;
(c) The unavailability of legal assistance for women in customary law courts, where the
majority of personal and family matters are decided; and,
(d) The lack of knowledge and sensitivity regarding women’s rights on the part of State
and customary law judges and law enforcement officials.
15. With reference to its general recommendation No. 33 (2015) on women’s access
to justice, the Committee recalls the State party’s obligation to ensure that women’s
rights are protected against violations by all components of plural justice systems. In
light of its previous recommendation (see CEDAW/C/NER/CO/2, para. 14), it
recommends that the State party:
(a) Strengthen the State justice system, including by increasing human, technical
and financial resources, and increase the number and reach of judicial services and
assistance in both State and customary justice systems, to ensure that women have
effective access to justice throughout the territory of the State party;
(b) Enhance women’s awareness of their rights and the means to claim them,
including by strengthening cooperation with civil society organizations; and,
(c) Provide capacity-building on the Convention and women’s rights for both State
and customary law judges and lawyers, to ensure that State and customary justice
systems harmonize their practices with the Convention and to raise awareness and
eliminate stereotyping and stigmatization faced by women claiming their rights.

National machinery for the advancement of women

16. The Committee welcomes the establishment of a National Observatory for the
Advancement of Gender Equality, the placement of gender focal points in all Ministries and
the creation of a Gender Parliamentary Network. However, it is concerned about the limited
financial and human resources, as well as the scarce presence of similar mechanisms at the
local level, and the difficulties faced in ensuring effective coordination between these entities
and the Ministry for the Advancement of Women and Protection of Children to achieve
gender mainstreaming throughout national and local government bodies.
17. The Committee, recalling its general recommendation No. 6 (1988) on effective
national machinery and publicity, and the guidance provided in the Beijing Platform
for Action, in particular regarding the conditions necessary for the effective functioning
of national machineries, recommends that the State party:
(a) Allocate the human, technical and financial resources necessary to the Ministry
for the Advancement of Women and Protection of Children, the Gender Observatory
and the Ministerial gender focal points, as well as similar mechanisms at the local level,
to reinforce their mandates to coordinate, monitor and assess the impact of the
implementation of public policies and national action plans for the advancement of
women; and,
(b) Undertake an impact assessment of the National Gender Action Plan (2009-
2018), upon its expiration, to evaluate progress made towards gender equality and
develop, in consultation with women’s civil society organisations, a new strategy that
clearly defines the competencies of national and local authorities regarding its

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implementation and that is supported by a comprehensive data collection and

monitoring system.

Temporary special measures

18. It is concerned that temporary special measures are not sufficiently applied as a
necessary strategy to accelerate the achievement of substantive equality between women and
men in other areas covered by the Convention, in particular employment, education, health
and in relation to rural women.
19. In line with article 4 (1) of the Convention and the Committee’s general
recommendation No. 25 (2004) on temporary special measures, the Committee
recommends that the State party:
(a) Raise awareness among parliamentarians, government officials, employers and
the general public about the necessity of temporary special measures;
(b) Set time-bound targets and allocate sufficient resources for the implementation
of temporary special measures, such as quotas and other proactive measures,
accompanied by legal measures for non-compliance, aimed at achieving the substantive
equality of women and men in all areas covered by the Convention in which women are
underrepresented or disadvantaged; and,
(c) Take into account recent initiatives in other States in the region to develop and
introduce temporary special measures.

Stereotypes and harmful practices

20. The Committee recognizes the diversity of cultures and traditions in the State party.
It is, however, concerned that insufficient action has been taken by the State party to
implement the Committee’s previous recommendation (see CEDAW/C/NER/CO/2, para. 18)
to develop a goal-bound national strategy to modify or eliminate discriminatory stereotypes
and practices that are harmful to and discriminate against women, as well as to establish
monitoring mechanisms to regularly assess progress achieved. The Committee remains
concerned in particular that the practice of “wahaya”, characterized as a form of slavery,
including sexual slavery, and female genital mutilation persists in the State party. It notes
with concern the low number of prosecutions under the Penal Code provisions prohibiting
slavery (articles 270.1-2-3) to incriminate perpetrators of wahaya and the low conviction
rates for female genital mutilation.
21. The Committee, in line with Sustainable Development Goal 5.3 calling for the
elimination of all harmful practices, such as child, early and forced marriage and female
genital mutilation, recommends that the State party:
(a) Specifically criminalize the practice of wahaya, with the same penalties as other
forms of slavery;
(b) Ensure that articles 232.1-3 of the Criminal Code prohibiting female genital
mutilation are strictly enforced;
(c) Provide training for judges, prosecutor, the police and law enforcement officers
on the strict application of these sanctions to ensure that perpetrators and practitioners
of these harmful practices are effectively investigated, prosecuted and punished and
that victims are provided with assistance and rehabilitation; and,
(d) Develop and allocate sufficient resources for the implementation of a national
plan of action to combat harmful practices, providing for strategic media campaigns
and educational programmes to raise awareness among traditional and religious
leaders, health care and social workers and the general public about the negative impact
of the practices on women and girls.

Sexual and gender-based violence against women

22. The Committee notes the development of a national strategy to prevent and respond
to gender based violence as well as the delegation’s assurance during the constructive

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dialogue of the planned construction of 140 “Safe Centres” in each region of the State party.
It remains concerned, however, that gender-based violence against women and girls,
including sexual and domestic violence, appears to be socially legitimized and accompanied
by a culture of silence and impunity, and that victims have limited means of assistance,
protection or redress. It is further concerned that marital rape is not specifically criminalized
and that no definition of statutory rape exists in the State party’s legislation due to the absence
of a legal minimum age for sexual consent.
23. The Committee, recalling its general recommendations No. 35 (2017) on gender-
based violence against women and No. 19 (1992) on violence against women,
recommends that the State party:
(a) Enact legislation to specifically define and criminalize sexual violence against
women, including statutory and marital rape, and strengthen the protection of victims
as well as prosecution and punishment of perpetrators;
(b) Ensure that victims are destigmatized and encouraged to report incidents of
gender-based violence, including by providing capacity-building programmes for
judges, prosecutors, the police, law enforcement personnel, legal practitioners, and
traditional leaders, on how to investigate such cases in a gender-sensitive manner;
(c) Ensure that allegations of gender-based violence against women, including
domestic violence, are effectively investigated, prosecuted and adequately punished and
that victims have access to appropriate redress, including compensation;
(d) Increase the number of shelters, especially in rural areas, and provide medical
treatment, psychosocial rehabilitation and reintegration programmes, as well as legal
assistance to victims of gender-based violence; and,
(e) Systematically collect and analyze data on all forms of gender-based violence
against women, disaggregated by age, region and the relationship between the victim
and the perpetrator, as well as on protection orders, the number of prosecutions and
the sentences imposed on perpetrators.

Trafficking and exploitation of prostitution

24. The Committee welcomes the enhanced legal and institutional framework of the State
party to combat human trafficking, including the establishment of the National Coordinating
Committee and the National Agency for Combating Trafficking in Persons, respectively, and
the associated action plan (2014-2018). The Committee notes with concern that the State
party remains a country of origin, transit and destination for human trafficking and that
victims are vulnerable to sexual exploitation, forced marriage and forced labour. It notes with
concern the low prosecution and conviction rates in cases of trafficking in women and girls
and the lack of adequate mechanisms to identify and refer victims of trafficking to appropriate
services such as systematic rehabilitation and reintegration, including access to counselling,
medical treatment, psychological support and redress, including compensation.
25. The Committee draws attention to Sustainable Development Goal 5.2, to
eliminate all forms of violence against all women and girls in the public and private
spheres, including trafficking and sexual and other types of exploitation, and
recommends that the State party:
(a) Finalize and adopt the draft decrees on the organization, allotment and
functioning of special compensation for victims and witnesses of human trafficking, as
well as on the creation of a shelter for victims and witnesses;
(b) Investigate, prosecute and adequately punish perpetrators of trafficking in
persons, including migrants, and especially women and girls, and related crimes,
ensuring that victims of trafficking and exploitation of prostitution are exempted from
any liability and provided with adequate protection and redress;
(c) Provide continuous mandatory capacity-building for law enforcement officers
on the early identification and referral of trafficking victims to appropriate services,
assistance and rehabilitation, and nationwide education and awareness-raising
campaigns about the risks and criminal nature of trafficking;

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(d) Ensure that victims of trafficking have adequate access to health care and
counselling, strengthen the human, technical and financial resources of social work
centres, and provide targeted training for social workers dealing with victims of
trafficking;
(e) Address the root causes of trafficking and exploitation of women and girls in
prostitution by offering educational and alternative income opportunities to women
who are at risk of being trafficked or exploited in prostitution as well as exit
programmes for women in prostitution; and,
(f) Systematically collect sex-disaggregated data on exploitation of prostitution and
trafficking in women and girls, including on the number of investigations, prosecutions,
convictions and the sentences imposed on perpetrators.

Participation in political and public life

26. The Committee welcomes the State party’s efforts in applying special measures with
regard to women’s political participation and representation in national government bodies
through the Quota Act No. 2000-008 (amended in 2014), raising the quota for both sexes in
elected office from 10 to 15 per cent. However, it is concerned about the weak
implementation of the Act, women’s low representation in Parliament (16 percent), as
regional, municipal and town councilors (12 percent) and the absence of women Governors
or Prefects. Despite the Quota Act requiring a minimum of 25% of either sex in high-ranking
government posts, the Committee notes that only 19% of Ministers are women and that
women are underrepresented in decision-making posts in the public service. It further notes
with concern that women are excluded from full participation in traditional political
functions.
27. In line with its general recommendation No. 23 (1997) on women in political and
public life, the Committee recommends that the State party:
(a) Effectively enforce the Quota Law, including through the imposition of sanctions
in case of non-compliance;
(b) Prioritize the promotion of women’s participation in local government, including
as Governors, Prefects, and Mayors, as well as in chieftainship positions, and to that
effect repeal discriminatory provisions in Law 2008-22 of 23 June 2008 amending and
supplementing Ordinance 93-28 of 30 March 1993 on the status of traditional
chieftainship in Niger;
(c) Allocate adequate human, technical and financial resources to the Directorate
for the Promotion of Female Leadership to enable it to carry out its mandate, including
by implementing a comprehensive strategy to dismantle barriers to the participation of
women in decision-making positions, with a particular focus on increasing women’s
educational level; and,
(d) Raise awareness among politicians, the media, traditional leaders and the
general public that the full, equal, free and democratic participation of women on an
equal basis with men in political and public life is a requirement for the effective
implementation of the Convention, as well as the political stability and economic
development of the country.

Education
28. The Committee welcomes the declaration of the President of the State party on
compulsory education until 16 years of age and the implementation of a national strategy on
girls’ education aimed at reaching parity by 2020. It is, however, concerned about:
(a) The disproportionately low school enrolment rates of girls, particularly those from
rural areas (Diffa, Zinder, Tillabéry and Tahoua), nomadic populations, poor families, and
girls who are victims of slavery, descendants of slavery, as well as girls with disabilities;
(b) Girls’ extremely low completion rate and their high repetition rates, particularly at the
secondary level of education, owing to, inter alia, early and child marriage, early pregnancy,
indirect school costs, the requirement to pay school fees at the secondary level, child labour

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and preference for sending boys to school, resulting in a very low literacy rate (11 percent)
among women in the State party; and,
(c) The poor quality of education due to insufficient investments in school infrastructure,
teacher training, transportation to schools, and school feeding programs.
29. The Committee, taking note of Sustainable Development Goal 4.5, to eliminate
gender disparities in education, recommends that the State party:
(a) Dismantle discriminatory stereotypes and other barriers to girls’ access to
education by raising awareness, particularly among parents and traditional leaders, of
the importance of education for women and girls and on the harmful effects of early
and child marriage;
(b) Ensure the re-entry into school of young mothers, including through repeal of
Decision No. 65/MEN/DEST/EX of 10 July 1998, which temporarily excludes girls who
become pregnant from school and definitively excludes them in case they get married
(c) Include mandatory age-appropriate and scientifically accurate education
on sexual and reproductive health and rights in school curricula, aimed at both girls
and boys, inter alia, to reduce pregnancy-related dropout;
(d) Allocate adequate funding to provide free education beyond the first six years of
schooling at least until the completion of secondary school, eliminate indirect costs of
schooling, improve the quality of teaching and school infrastructures, enhance the
provision of school feeding programs and appropriate sanitary facilities for girls; and
(e) Further promote women’s and girl’s access to tertiary education through,
inter alia, advocacy and provision of scholarships and strengthen adult literacy
programmes, especially in rural areas.

Employment
30. The Committee notes the Constitutional guarantee of non-discrimination in
employment (art. 33), as reinforced in the Labour Code (2012). However, it notes with
concern that:
(a) Very few women (3 percent in 2012) are employed in the formal sector and
covered by social protection, and that women are concentrated in low-paid domestic work,
where they are often exploited, exposed to precarious working conditions and subject to
abuse by their employers;
(b) The prohibition of sexual harassment in the workplace in the Labour Code is
limited to individuals exercising authority and does not include co-workers, and there is
limited knowledge about the remedies available to victims; and,
(c) Article 109 of the Labour Code on the protection of maternity may be
interpreted in an overly broad manner to prohibit women from exercising certain professions
based on discriminatory stereotypes.
31. The Committee recommends that the State party:
(a) Improve women’s access to the formal labour market through measures,
including temporary special measures, in line with article 4(1) of the Convention, and
the Committee’s general recommendation No. 25, such as creating incentives for both
public and private sector employers to recruit women, introducing flexible work
arrangements and strengthening professional training for women;
(b) Ensure the application of social protection schemes to all women, including those
working in the informal sector;
(c) Carry out inspections, including when there are reasonable grounds to believe
that violations are taking place in private homes, combat exploitative labour practices
against women and ensure that perpetrators are appropriately sanctioned;
(d) Amend article 45 of the Labour Code to broaden the definition of sexual
harassment and the scope of persons to whom it applies, raising awareness of the

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remedies available to victims, and amend Article 109 of the Labour Code on maternity
to restrict its application to maternity and not to women in general; and,
(e) Ratify or accede to ILO No. 189 (2011) concerning decent work for domestic
workers.

Health
32. The Committee notes the reduction in the maternal, infant and child mortality rates,
the introduction of free care for children under five years of age as well as for specific services
for women in the State party. However, the Committee is concerned about:
(a) The inadequate funding of the health-care sector, resulting in limited access to basic
health-care services in particular among poor, rural and nomadic women, the lack of cancer
prevention programmes, as well as limited sexual and reproductive health care services,
information, and modern forms of contraception, including for adolescent girls;
(b) The extremely high rates of maternal mortality, fertility (7.6 children per woman),
early and frequent pregnancy and the resulting incidences of obstetric fistula, and acute
malnutrition affecting women;
(c) The persisting economic and sociocultural causes of women’s poor health in the State
party, including early and forced marriage, female genital mutilation, the requirement of the
husband’s permission for a woman to seek medical treatment and women’s frequent inability
to afford both the cost of the transportation and the treatment; and,
(d) Criminalization of abortion, subjecting both the women procuring an abortion and any
person assisting her to criminal liability (Art. 295-297 of the Penal Code), as well as the
barriers to access abortion where it is legal, such as cases where the pregnancy gravely
endangers the women’s health, rape or incest.
33. The Committee, recalling its general recommendation No. 24 (1999) on women
and health, draws attention to Sustainable Development Goals 3.1 and 3.7, to reduce
the global maternal mortality ratio and to ensure universal access to sexual and
reproductive health-care services, recommends that the State party:
(a) Increase the budgetary allocation to women’s basic health care, cancer
prevention programmes and sexual and reproductive health-care services, affordable
modern forms of contraception and family planning services, in particular as regards
poor, rural nomadic women, as well as to adolescent girls;
(b) Reduce maternal mortality by improving access to basic prenatal and postnatal
care and emergency obstetric services by skilled birth attendants, as well as post-
abortion care and obstetric fistula services, throughout the territory of the State party,
taking into consideration the technical guidance of the Office of the United Nations High
Commissioner for Human Rights on the application of a human rights-based approach
to the implementation of policies and programmes to reduce preventable maternal
morbidity and mortality (A/HRC/21/22 and Corr.1 and 2);
(c) Legalize abortion and ensure its legal and practical availability in cases in which
the life and/or health of the pregnant woman or girl is at risk and in cases of rape, incest
and serious impairment of the fetus, and decriminalize abortion by repealing articles
295-297 of the Penal Code, and ensure unhindered access to safe abortion and to post-
abortion care services;
(d) Carry out targeted awareness-raising to combat the negative influence of
customary, traditional or religious considerations that may be invoked to limit the
autonomy of women and hamper the exercise of their sexual and reproductive health
rights; and,
(e) Collect data assessing the financial burden on the health care system of
treating victims of harmful practices, including female genital mutilation.

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Economic and social benefits

34. The Committee notes the link between the disproportionately high number of women
in the State party living in poverty and their restricted access to economic assets and social
benefits mainly due to the application of customary law in matters of succession resulting in
unequal land inheritance and land grabbing from widows, discriminatory criteria for
allocating social benefits and laws restricting the legal capacity of married women, inter alia,
to access credit and exercise a profession, in contravention of article 8 of the Constitution.
35. The Committee recommends that the State party prioritize the participation of
women in its efforts to meet the targets of the 2030 Agenda for Sustainable
Development, and that it:
(a) Regulate succession under both the civil and customary law regimes to
ensure equality in land acquisition and retention, including through succession, and
facilitate women’s access to justice to contest cases of unequal distribution of land;
(b) Eliminate discrimination with regard to women’s access to social benefits
and pensions, including by amending Act No. 2007-26 on the general conditions of the
State public service and determining the criteria for entitlement to and levels of family
allowances, benefits and bonuses, as well as Decree No. 60-55/MFP/T, on the
remuneration and material benefits allocated to officials in state public administrations
and establishments;
(c) Repeal the legal provisions restricting married women’s legal capacity,
including the requirement to attain the husband’s permission in order to open a bank
account or to exercise a profession; and,
(d) Raise awareness among parliamentarians, traditional and religious
leaders and the general public about the need to promote women’s economic
empowerment as a poverty alleviation strategy.

Rural women
36. The Committee welcomes the initiative “Nigeriens feeding Nigeriens” to support rural
women. However, it notes with concern the extremely high rates of poverty (82 percent) and
food insecurity affecting women in rural areas of the State party, linked to the lower socio-
economic status of women and the disproportionate impact of climate change, desertification,
and extractive industries (uranium) on women. It notes that the precarious situation of rural
women is exacerbated by customary law provisions on community management, which
exclude women from the traditional chieftainship, as well as by discriminatory land
acquisition practices.
37. In the light of its general recommendation No. 34 (2016) on the rights of rural
women, the Committee recommends that the State party:
(a) Ensure inclusion of a gender perspective in all rural development policies and
plans with the participation of women in the preparation, adoption and implementation
of national policies and programmes on food security, climate change, disaster response
and risk reduction;
(b) Increase the representation of women in community management, including by
encouraging the amendment of the rules on traditional chieftainship;
(c) Facilitate women’s access to the acquisition and retention of land and natural
resources by revising the customary practices relating to property ownership,
acquisition, management and disposition;
(d) Ensure that rural women are not negatively impacted by land acquisition
for development projects and by the extractive industry; and,
(e) Systematically collect data on the situation of rural women to effectively develop,
implement and monitor initiatives to address the needs of rural women.

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Disadvantaged groups of women

Women in detention
38. The Committee notes with concern that the majority of women in pre-trial detention
in the State party are detained in prisons and are not systematically separated from convicted
inmates. It is further concerned about women’s poor conditions of detention, including
overcrowding and lack of access to food, drinking water and adequate sanitary conditions.
39. The Committee recommends that the State party implement the United Nations
Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules), guarantee the separation of detained women from
convicts and ensure their access to adequate nutrition, drinking water, sanitation and
health-care.

Women with disabilities

40. The Committee welcomes the Constitutional prohibition of discrimination against
persons with disabilities and their equality of opportunities (articles 22 and 26). However, it
notes that the rights of women and girls with disabilities are not protected by any specific
legislative law, policy or plan of action, including as regards their social protection. The
Committee further notes the absence of a legal definition of disability or the obligation to
provide reasonable accommodation.
41. The Committee, recalling its general recommendation No. 18 (1991) on disabled
women, recommends that the State party:
(a) Adopt a law on the social protection of persons with disabilities and establish a
mechanism to monitor its enforcement, ensuring that perpetrators of discrimination
and gender-based violence against women and girls with disabilities are adequately
punished and that victims are adequately compensated;
(b) Ensure that women and girls with disabilities have effective access to justice,
political and public life, education, income-generating activities and health care,
including sexual and reproductive health care services;
(c) Undertake awareness-raising to change negative attitudes towards women and
girls with disabilities; and,
(d) Carry out a census of the number of persons with disabilities,
disaggregated by sex, age and region.

Marriage and family relations

42. The Committee is concerned about:
(a) The extremely high rate of early, child and forced marriage in the State party, affecting
a quarter of married women and girls, which is compounded by the absence of any legal
framework or strategic action to prohibit this harmful practice. The Committee notes the link
between the high rates of child marriage, fertility and maternal mortality rates and the
disproportionately high illiteracy and poverty rates among women in the State party. It notes
that most child marriages are conducted under customary law, which does not require the
consent of the future spouses for marriage or a minimum age for marriage;
(b) The discriminatory provisions in the Civil Code regarding the legal minimum age for
marriage for girls (15) and for boys (18) (art. 144) and permitting parents to substitute their
consent for marriage of their daughters (art. 148); and,
(c) The acceptance of polygamy and repudiation under customary law.
43. The Committee, recalling its general recommendations No. 21 (1994) on equality
in marriage and family relations and No. 29 (2013) on the economic consequences of
marriage, family relations and their dissolution, as well as joint general
recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child on
harmful practices (2014), recommends that the State party:

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(a) Expedite the adoption of legislation raising the minimum legal age of marriage
to 18 for both girls and boys and requiring the consent of both future spouses to any
marriage;
(b) Repeal all discriminatory provisions in the Civil Code and adopt a non-
discriminatory personal status code; and,
(c) Prohibit, including under customary law, the harmful practices of child and
forced marriage, polygamy and repudiation and conduct awareness raising campaigns
targeting parliamentarians, traditional and religious leaders and the general public on
the harmful effects of these practices on women and girls.

Data collection and analysis

44. The Committee recommends that the State party enhance the collection, analysis
and dissemination of comprehensive data, disaggregated by sex, age, disability,
ethnicity, location and socioeconomic status, and the use of measurable indicators to
assess trends in the situation of women and progress towards the realization by women
of substantive equality in all areas covered by the Convention.

Beijing Declaration and Platform for Action

45. The Committee calls upon the State party to utilize the Beijing Declaration and
Platform for Action, in its efforts to implement the provisions of the Convention.

2030 Agenda for Sustainable Development

46. The Committee calls for the realization of substantive gender equality, in
accordance with the provisions of the Convention, throughout the process of
implementation of the 2030 Agenda for Sustainable Development.

Dissemination
47. The Committee requests the State party to ensure the timely dissemination of the
present concluding observations, in the official language(s) of the State party, to the
relevant state institutions at all levels (national, regional, local), in particular to the
Government, the ministries, the Parliament and to the judiciary, to enable their full
implementation.

Technical Assistance
48. The Committee recommends that the State party link the implementation of the
Convention to its development efforts and that it avail itself of regional or international
technical assistance in this respect.

Ratification of other treaties

49. The Committee also encourages the Government of Niger to ratify the second
Optional Protocol to the International Covenant on Civil and Political Rights aiming at
the abolition of the death penalty.

Follow-up to concluding observations

50. The Committee requests the State party to provide, within two years, written
information on the steps undertaken to implement the recommendations contained in
paragraphs 21(a), 23(a) and 23(d) and 29(b) above.

Preparation of the next report

51. The Committee requests the State party to submit its fifth periodic report which
is due in July 2021. The report should be submitted on time and should cover the entire
period up to the time of its submission.

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52. The Committee requests the State party to follow the “Harmonized guidelines on
reporting under the international human rights treaties, including guidelines on a
common core document and treaty-specific documents (see HRI/GEN/2/Rev.6, chap. I).
_________________

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