Niger

Niger, is a landlocked country found in West Africa, which became independent from France in 1960. It is a unitary semi presidential republic. It provides minimal government services, and is often debilitated by droughts. Niger has now ranked 189 out of 189 countries for the third time consecutively in the 2020 Human Development Report.[ref]http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/NER.pdf[/ref]

Over 98% of its approximately 22 million population is Muslim, the majority of whom belong to the Sunni branch of Islam – a small minority estimated at only 7% of Muslims in the country by the Ministry of the Interior are Shia. Some individuals are reported to combine animist practices of worshipping inanimate objects such as stones with their practices of Islam, though according to the 2020 Report on International Religious Freedom by the US Department of State, this has become less common over the last decade.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/[/ref] Roman Catholics, Protestants and other groups comprise less than 2% of the population.

Niger is a member state of the Organization of Islamic Cooperation (OIC).

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
There is state funding of at least some religious schools
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Official symbolic deference to religion
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Some concerns about political or media freedoms, not specific to the non-religious
Constitution and government
Official symbolic deference to religion
Anomalous discrimination by local or provincial authorities, or overseas territories
Education and children’s rights
There is state funding of at least some religious schools
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Family, community, society, religious courts and tribunals
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Systemic Discrimination
Mostly Satisfactory
More information about rating table

Constitution and government

The Constitution of Niger[ref]https://www.constituteproject.org/constitution/Niger_2017.pdf?lang=en[/ref] provides for a separated church and state (Article 3), a fact that may not be made the object of any revision (Article 175). While Article 8 further establishes that no religion or belief should be given greater favour or power stating that the Republic,

“respects and protects all beliefs. No religion, no belief can arrogate the political power or interfere in the affairs of State.”

Further, under Article 9, Political parties are not allowed to affiliate with a religion. However, upon their assumption of office government officials, including the President, are required to swear an oath before God and on their respective holy book that they will uphold the Constitution (Articles 50, 74, 89 and 124). Other senior government officials are also required to do so by law.[ref] https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/[/ref]

The rights to freedom of worship and belief, expression, opinion and conscience are enshrined under Article 30, limited in the interests of “respect for public order, for social peace and for national unity.” The freedoms of assembly and association are guaranteed under Article 32.

Additionally, under Article 17:

“Each one has the right to the free development of his personality in its material, intellectual, cultural, artistic and religious dimensions, provided that he does not violate the rights of others, or infringe the constitutional order, the law or morality.”

While religious organizations must register with the Ministry of the Interior, this is largely a formality and there is no evidence that the government favours one religion over another.[ref]niamey.usembassy.gov/officialreport_religiousf.html[/ref] In June 2019, the National Assembly passed a law, which provides for government regulation and approval of the construction of places of worship, and oversight of financial contributions for the construction of religious venues.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/niger/[/ref]

Education and children’s rights

Niger is one of the poorest countries in the world, and data is sparse concerning its education system. It is often reliant on charity funding and foreign aid to support its education programme, meaning there is little data analyzing its quality or whether it includes religious education.

Currently, the foundation of any private school by a religious association must receive the approval of both the Ministry of Interior and the Ministry of Education. Private Quranic schools that are established primarily to impart Quranic education without a focus on anything else remain primarily unregulated. However, most public schools do not impart religious education. Even so, the government funds a few special primary schools that are known as ‘’French’’ or ‘’Arabic’’ schools which include Islamic religious study as part of their curriculum.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/[/ref]

In October 2014 the Ministry of Education withdrew a trial sex education programme in schools after being pressured by Islamic Associations. These associations claimed sex education was “contrary to country’s values.” The programme included information about sexual and reproductive health, as well as romantic relationships and consent.[ref]trust.org/item/20141030132537-tci14/[/ref]

Child marriage

According to UNICEF, an estimated 76% of women are married before the age of 18.[ref]https://data.unicef.org/country/ner/[/ref]

Family, community and society

Freedom of thought, religion and expression are generally well protected in Niger. There are cases of infringement, but in a country which is over 98% Muslim with very low internet penetration, there is likely more unreported societal pressure against atheism. While there are few reported cases of religious violence, the government prohibits full-face veils in the Diffa Region under its state of emergency provisions, with the stated purpose of preventing concealment of bombs and weapons. Additionally, public proselytization by all religious groups is banned in order to prevent violent outbursts.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/[/ref]

The government reports that it continues to face a series of persistent and growing security threats from a jihadist terrorist group commonly known as Boko Haram. Armed terrorist groups, including Boko Haram and groups affiliated with al-Qaida, ISIS in the Greater Sahara (ISIS-GS), and ISIS-West Africa (ISIS-WA), have reportedly attacked and killed both civilians and security forces.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/niger/; https://www.theguardian.com/world/2021/jan/02/at-least-70-killed-in-suspected-islamist-attacks-in-niger https://www.dailysabah.com/world/africa/137-killed-in-deadly-attacks-on-niger-villages [/ref]

Women’s rights

Under Article 21 of the Constitution,

“Marriage and family constitute the natural and moral base of the human community. They are placed under the protection of the State.

“The State and public collectivities have the duty to see to the physical, mental and moral health of the family, particularly of the mother and of the child.”

Abortion is prohibited under the law and punishable by up to five years in prison and a fine. Exceptions are only permissible due to fetal impairment or if the pregnancy endangers the health of the mother. Medical students, pharmacy students or employees, merchants of surgical instruments, nurses, masseurs, who have recommended, encouraged or practiced the means of procuring abortion face the same penalties and may be banned from practising their profession.[ref]https://abortion-policies.srhr.org/country/niger/; https://abortion-policies.srhr.org/documents/countries/02-Niger-Reproductive-Health-Law-2006.pdf[/ref]

LGBTI+ rights

While consensual same-sex relations have been legal since 2006, same-sex marriage is not recognized and there are few protections from discrimination in law.[ref]https://www.equaldex.com/region/niger[/ref]

Privilege… and tolerance

The Niger Islamic Council, a group of 10 high-ranking Muslims and 10 political leaders, was set up in 2006 to advise the government on issues of concern to Muslims. This certainly constitutes privileged access to political life, however the intention was to promote a moderate, tolerant form of Islam, in particular to counteract any extremism infiltrating the country from the surrounding region.

Religious Courts

In urban areas, “customary” courts exist which arbitrate on some civil matters, including marriage and inheritance. These courts are presided over by a legal practitioner, who is advised by someone with “knowledge of the traditions” and largely follow a form of Islamic Law, but all decisions made by the court can be appealed in the formal judicial system.[ref]state.gov/documents/organization/220358.pdf[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression is guaranteed under the Constitution, however, Amnesty International reports that journalists and civil society activists have increasingly faced repeated arbitrary arrests over the last two years, particularly in the lead up to the general elections that took place in December 2020.[ref]https://www.amnesty.org/en/latest/news/2020/07/niger-le-proces-aux-motivations-politiques-journaliste-doit-aboutir/[/ref]

A 2010 media law eliminated prison sentences for media offences, however Reporters Without Borders indicates that journalists are increasingly facing charges under the controversial Cybercrimes Law instead.[ref]https://rsf.org/en/niger[/ref]

Freedom of Assembly

While freedom of assembly is guaranteed under the Constitution, it is not always upheld in practice. Members of the police have been reported to use excessive force to break up protests and to target journalists covering them.[ref]https://freedomhouse.org/country/niger/freedom-world/2021[/ref]

In 2020, at least 15 civil society activists who organized a protest over procurement-related corruption were arrested by the authorities, and 6 were kept in detention.[ref]https://www.amnesty.org/en/latest/news/2020/09/niger-trois-defenseurs-des-droits-humains-injustement-detenus/; https://freedomhouse.org/country/niger/freedom-world/2021 [/ref] Further, in February 2021, the police are reported to have failed to distinguish between peaceful protesters, children, and people committing acts of violence in its response to demonstrations protesting the outcome of the general election.[ref]https://www.article19.org/resources/niger-government-must-investigate-post-election-crackdown-and-release-protesters/[/ref]