Niger: human rights decline one year after military takeover

One year after a military coup, the authorities in Niger have severely curtailed opposition, media freedom, and peaceful dissent, as reported by Amnesty International, Human Rights Watch, and the International Federation for Human Rights (FIDH).

The military regime has arbitrarily detained former President Mohamed Bazoum, along with at least 30 officials from the ousted government and individuals associated with the deposed leader, in addition to several journalists. Despite pledges to combat corruption, the authorities have rejected any scrutiny of their military expenditures. These actions highlight a concerning trend. The Nigerien authorities must immediately release all individuals held for political reasons, uphold fundamental freedoms including rights to expression, opinion, and association, and publicly commit to transparency and accountability in managing military spending.

« A year following the military takeover, instead of progressing towards respect for human rights and the rule of law, Niger’s military authorities are intensifying pressure on the opposition, civil society, and independent media, » stated Samira Daoud, Amnesty International’s Regional Director for West and Central Africa. « The Nigerien military leadership should free Mohamed Bazoum and all political detainees, ensuring their rights to due process are respected. »

On July 26, 2023, General Abdourahamane Tiani and other Nigerien army officers, operating under the National Council for the Safeguard of the Homeland (CNSP), overthrew Mohamed Bazoum, who was democratically elected president in 2021. Bazoum, his family, and several cabinet members were subsequently arbitrarily detained. In response to the coup, on July 30, 2023, the Economic Community of West African States (ECOWAS) imposed sanctions, including economic measures, travel bans, and asset freezes, targeting the coup leaders and the nation as a whole. On August 22, 2023, the African Union suspended Niger from participating in its bodies, institutions, and activities. On January 28, 2024, Niger, Burkina Faso, and Mali announced their withdrawal from ECOWAS, which subsequently lifted its sanctions against Niger on February 24.

Since the coup, Mohamed Bazoum and his wife have been held at the presidential palace in Niamey, the capital. The three human rights organizations have consistently voiced concerns regarding their well-being. In August 2023, authorities declared their intention to prosecute Mohamed Bazoum for « high treason » and undermining national security, yet he has not been brought before a judge. In September 2023, Mohamed Bazoum filed a lawsuit with the ECOWAS Court of Justice in Abuja, citing human rights violations against him and his family during their detention. By December 2023, the ECOWAS Court ruled that Mohamed Bazoum’s detention was arbitrary and called for his release. In April, the authorities initiated legal proceedings to strip Mohamed Bazoum of his presidential immunity, intending to try him for alleged crimes committed after his 2021 election. On June 14, 2024, the State Court of Niger lifted his immunity following a process that failed to adhere to essential due process norms and international fair trial standards, including the right to defense.

The military authorities have also arbitrarily arrested at least 30 officials from the overthrown government, including former ministers, presidential cabinet members, and close associates of the former president, without guaranteeing them due process or fair trial rights. Lawyers representing the arrested individuals reported that their clients were held incommunicado by intelligence services before being transferred to high-security prisons on unsubstantiated charges. At least four were released on bail in April, while the others face charges of « undermining state security » and other offenses, brought by a military court despite their civilian status.

Since the 2023 coup, media freedom has been severely restricted across the country. Authorities have threatened, harassed, and arbitrarily detained journalists, many of whom report self-censorship due to fear of reprisal.

On September 30, individuals identifying as security forces arrested Samira Sabou, a blogger and journalist, at her mother’s home in Niamey. Sabou’s detention location remained unknown for seven days. Niamey’s judicial police initially denied her arrest, but on October 7, Samira Sabou was transferred to the Niamey police’s criminal investigations unit, where her lawyer and husband visited her. On October 11, she was charged with « producing and disseminating data likely to disturb public order » and released pending trial, though no trial date has been set.

On January 29, the Interior Minister issued a decree suspending the activities of Maison de la Presse, an independent media organization, and announced the formation of a new media management committee headed by the Interior Ministry’s secretary-general.

On April 13, security forces arrested Ousmane Toudou, a journalist and former communications advisor to the deposed president. In the days following the July 2023 coup, Ousmane Toudou had publicly denounced the military takeover in a widely shared social media post. In May 2024, he was charged with « conspiracy against state security » and placed in provisional detention.

On April 24, security forces arrested Soumana Maiga, the publishing director of L’Enquêteur, after the newspaper republished an article from a French newspaper about the alleged installation of listening devices by Russian agents on official state buildings. He appeared before a judge in May, was detained for undermining national defense, and released on July 9 pending trial.

Tchima Illa Issoufou, a BBC Hausa radio correspondent in Niger, reported receiving threats from security force members who accused her of attempting to « destabilize Niger » due to her reporting on the security situation in the Tillabéri region of western Niger, where armed Islamist groups conduct attacks against civilians and security forces. « I was attacked by junta supporters on social media, » she explained to Amnesty International in May after fleeing Niger for another country. « They accused me of working under foreign influence. » On April 26, security forces arrested Ali Tera, a civil society activist whom Tchima Illa Issoufou had interviewed.

On May 29, the Minister of Justice and Human Rights issued a circular suspending all visits by human rights organizations to Nigerien prisons « until further notice ». This action is a violation of both national and international human rights law, including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Niger ratified in 1988.

On June 12, the Minister of Justice and Human Rights published a press release announcing amendments to a 2019 cybercrime law. This law, which criminalized « the dissemination, production, and making available to others of data likely to disturb public order or harm human dignity via an information system », had been previously used to repress human rights, particularly freedom of online expression in 2020. In 2022, Mohamed Bazoum’s government, following a robust civil society campaign, amended the law, replacing prison sentences with fines for defamation-related offenses. However, the June 12 amendments have now reinstated prison sentences.

« The extensive list of attacks against journalists over the past year demonstrates the authorities’ determination to restrict press freedom and the right to information access, » explained Drissa Traoré, FIDH Secretary General. « The amendment to the 2019 cybercrime law represents a dangerous regression and could be used to silence any perceived dissenting voices, and certainly to further target human rights defenders, activists, and journalists. Nigerien authorities must reverse this decision and guarantee freedom of expression. »

Both the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which Niger ratified in 1986, guarantee the rights to freedom of opinion and expression.

On February 23, Abdourahamane Tiani, who vowed to fight corruption after seizing power, signed an order abrogating all oversight of military expenditures. The order stipulates that « expenditures for the acquisition of equipment or material or any other supply, the execution of works or services intended for the defense and security forces […] are excluded from the scope of legislation relating to public procurement and public accounting » and are also exempt from taxes. The organizations emphasize that transparency regarding military budgets and expenditures is crucial for combating corruption and mismanagement. It also contributes to upholding human rights, the rule of law, sound military spending, and government accountability.

« Public scrutiny of the military’s economic activities is not only vital for re-establishing a civilian democratic regime and holding military authorities accountable for abuses, but also for preventing the loss of public resources due to corruption and mismanagement, » concluded Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. « Nigerien authorities should commit to transparency and accountability by immediately disclosing verifiable financial information on military spending. »