Niger: post-coup authorities imperil fundamental rights

Following the military takeover on July 26, 2023, authorities in Niger have engaged in widespread arbitrary detentions of former government officials and have systematically suppressed critical media outlets and peaceful opposition, as reported by Human Rights Watch and Amnesty International. These organizations urge the immediate release of all individuals held for politically motivated reasons and emphasize the critical need to uphold due process safeguards.

On July 26, General Abdourahmane Tiani, alongside other Nigerien army officers forming the self-proclaimed National Council for the Safeguard of the Homeland (CNSP), overthrew the government led by President Mohamed Bazoum. Since this military intervention, President Bazoum, his wife, and son have been confined within the presidential palace in Niamey, the capital, while numerous other officials have faced arrest. The new authorities have also resorted to threats, harassment, intimidation, and unjust detention against journalists, young activists, perceived political opponents, and anyone expressing dissenting views.

“The arbitrary arrests and assaults on the right to freedom of expression by the authorities are steering Niger down a perilous path for human rights.”

Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch.

“The authorities must cease arbitrary detentions, respect human rights, and ensure press freedom.”

In response to the coup, the Economic Community of West African States (ECOWAS) closed borders between Niger and its member states on July 30, suspended trade and financial transactions, and threatened military intervention if the CNSP did not reinstate President Bazoum. By August 10, ECOWAS had imposed further sanctions, including travel bans and asset freezes, targeting the coup leaders and the nation. The African Union suspended Niger from participating in its bodies and activities on August 22, while cautioning against military intervention and advocating for a peaceful resolution towards a “return to constitutional order.”

On October 11, Nigerien authorities ordered the United Nations Resident Coordinator, Louise Aubin, to leave the country within 72 hours. This expulsion came with accusations that UN Secretary-General António Guterres had engaged in “sabotage” by excluding Niger from the UN General Assembly in September.

Since the coup, several former government officials have been arbitrarily detained. These include Sani Mahamadou Issoufou, former Minister of Petroleum; Hamadou Adamou Souley, former Minister of Interior; Kalla Moutari, former Minister of Defense; and Ahmad Jidoud, former Minister of Finance. In September, these individuals were transferred to prisons in Filingué Say, Kollo in the Tillaberi region, and Niamey. They were subsequently charged with undermining state security by a military tribunal, despite being civilians, which contravenes due process guarantees. Both Amnesty International and Human Rights Watch classify these detentions as arbitrary, citing their politically motivated nature.

Human Rights Watch has raised concerns regarding the welfare of Mohamed Bazoum and his family, emphasizing that authorities must guarantee their safety and respect their human rights. On August 13, the authorities declared their intention to prosecute Bazoum for “high treason” and endangering national security, though he has yet to appear before a judge. On September 18, Mohamed Bazoum filed a petition with the ECOWAS Court of Justice in Abuja, Nigeria, alleging human rights violations against himself and his family during his detention. He also sought his immediate reinstatement as President of Niger. On October 3, Salem Mohamed Bazoum, the son of the deposed president, challenged the legality of his detention before the Niamey high court. The court ordered his release on October 6; however, the CNSP has not yet implemented this ruling. In an October 20 press statement, Bazoum’s lawyers asserted that he, his wife, and son were being held incommunicado, refuting military leaders’ claims of an escape attempt.

Members of media organizations and journalists have informed Human Rights Watch and Amnesty International of escalating pressure, intimidation, including threats of violence, and surveillance by government agents and other individuals since the coup, impacting their professional activities.

Following the military takeover, both local and international journalists have faced threats, online verbal harassment, and physical assaults. On August 3, the CNSP indefinitely suspended international news channels Radio France Internationale and France 24.

“Self-censorship has become a survival tactic for many of us, especially those who have distanced themselves from the new authorities’ views and actions,” a Nigerien journalist confided to Human Rights Watch. “Journalists prefer to avoid discussing sensitive issues like human rights.”

On September 30, men identifying as security forces arrested Samira Sabou, a blogger and journalist, at her mother’s home in Niamey. “Men in plain clothes, claiming to be security forces, came to arrest Samira,” her husband recounted to Amnesty International. “They put a hood over her head and took her away.” Samira Sabou’s whereabouts remained unknown for seven days. Niamey’s judicial police initially denied her arrest, but she was transferred to the Niamey police’s criminal brigade on October 7, where her lawyer and husband visited her. On October 11, she was charged with “producing and disseminating data likely to disturb public order” and subsequently released pending trial.

Samira Sabou has a history of arrests related to her journalistic work. In 2022, she received a suspended one-month prison sentence for reporting on drug trafficking in Niger, and in 2020, she was arbitrarily held for 48 days on cybercrime charges.

The authorities have actively stifled dissenting voices. In an August 22 decree, Tiani, Niger’s military leader, revoked the appointments of six academics and state officials without explanation. The day prior, these individuals, along with other academics, had signed a petition disassociating themselves from an August 1 statement by the National Union of Teachers and Researchers that supported the CNSP. On October 3, Samira Ibrahim, a social media user known as “Precious Mimi,” received a six-month suspended prison sentence and a fine of 300,000 CFA francs (US$480) for “producing data likely to disturb public order.” Her charge stemmed from a Facebook post referencing Algeria’s refusal to recognize the new Nigerien government.

After the coup, CNSP supporters, sometimes organized into self-defense committees, committed acts of violence against members of Bazoum’s party, the Nigerien Party for Democracy and Socialism (PNDS-Tarayya), and others. This violence may have been exacerbated by political tensions surrounding a potential ECOWAS military intervention.

On July 27, government supporters ransacked and set fire to the PNDS headquarters in Niamey. They also destroyed dozens of vehicles and physically assaulted several party members gathered at the building. “A young man hit me with a stick, while another grabbed my breasts,” a woman reported. Witnesses stated that security forces failed to take adequate measures to prevent the violence.

In August, young members of pro-coup self-defense groups sexually assaulted several women during unauthorized patrols at major roundabouts in Niamey, according to police and the Nigerien Women’s Rights League. At least four victims filed complaints with the Nigerien police against their attackers, but no one has been charged for these offenses to date.

While the CNSP suspended Niger’s constitution, it pledged to uphold the rule of law, “pluralist democracy,” and the rights and freedoms enshrined in the 1948 Universal Declaration of Human Rights and the 1981 African Charter on Human and Peoples’ Rights. The International Covenant on Civil and Political Rights, to which Niger is a party, guarantees freedom of expression and prohibits arbitrary arrest or detention.

“Niger stands at a critical juncture,” stated Ousmane Diallo, Sahel researcher for Amnesty International’s West and Central Africa regional office.

“Freedom of expression, dissent, and press freedom are fundamental to enjoying other rights and ensuring government accountability. The transitional military authorities must act decisively to end the escalating threats, harassment, intimidation, arrests, and violence against Nigerien journalists, media organizations, and opponents, and take effective steps to respect, protect, promote, and implement the rights of everyone in the country.”