Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families

Fortieth session

Summary record of the 595th meeting

Held at the Palais Wilson, Geneva, on Wednesday, 9 April 2025, at 10 a.m.

Chair:Ms. Diallo

Contents

Consideration of reports submitted by States Parties under article 73 of the Convention (continued)

Second periodic report of the Niger (continued)

The meeting was called to order at 10.05 a.m.

Consideration of reports submitted by States Parties under article 73 of the Convention (continued)

Second periodic report of the Niger (continued) (CMW/C/NER/2; CMW/C/NER/QPR/2)

At the invitation of the Chair, the delegation of the Niger joined the meeting.

Mr. Babacar (Country Rapporteur) said that he would like to know whether labour inspectors had been vested with a status and conditions of service that guaranteed their independence and impartiality, in accordance with the International Labour Organization (ILO) Labour Inspection Convention, 1947 (No. 81). More information on the development of a national action plan to combat child labour would be welcome, as would details of any steps taken since 2022 to raise awareness of and disseminate the Convention among labour inspectors, law enforcement officials and civil society organizations working with migrants. He wondered whether individuals who had been convicted of immigration-related offences had the right to appeal any detention or deportation orders and, if so, whether the State Party could provide statistics in that regard.

Ms. Gahar (Country Rapporteur) said that she would appreciate information on the consultations held to gather stakeholders’ contributions for inclusion in the report, the resources used to ensure that the document was exhaustive and accurate and the specific role played by external experts and civil society organizations in its preparation. The delegation might wish to provide details of the support offered to such organizations in the drafting of their alternative report and the resources made available to them.

She invited the delegation to provide an overview of the content of the bilateral and multilateral agreements signed by the State Party to help manage migratory flows, in particular any provisions on social security, detention, repatriation, deportation, family reunification and women and children. It would be helpful to learn whether the State Party had identified any obstacles to the implementation of the National Migration Policy 2020–2035 and whether it had conducted an assessment of the progress made under the Policy in enhancing the protection of all migrants, especially its own nationals living abroad. Information on the powers of the High Council of Citizens of the Niger Abroad and the human and financial resources allocated to it would be appreciated. She wished to know whether the State Party had taken steps to evaluate the effectiveness of the migrant protection, return and reintegration initiatives that were being run within the framework of the Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organization of African, Caribbean and Pacific States, of the other part (the Samoa Agreement). The Committee would be grateful for updated statistics on the number of migrants, in particular those from the most vulnerable groups, who had been reintegrated into society after returning to the State Party.

She would like to know what methods the State Party used to gather data on migrant workers and their families and what had been done to protect the data on refugees that were stored in the “Progress” database. In view of the absence of a government body tasked with coordinating the work of the various institutions responsible for the implementation of the Convention, it would be interesting to learn what steps had been taken to ensure that migration-related issues were addressed using a cross-cutting approach.

She invited the delegation to explain the specific causes of the insecurity that had led to the displacement of children across the country and the measures taken to protect the rights of those children, ensure their security and provide them with access to education, appropriate health services and psychological support. She wondered whether the State Party had drawn up a humanitarian action plan to support all internally displaced persons and, if so, whether civil society organizations had been involved in its implementation. Information on the participation of such organizations in efforts to meet the needs of families and children affected by insecurity would also be appreciated. It would be useful to know whether mechanisms had been put in place to monitor the number of displaced children and their living conditions and, if so, what steps were taken to ensure that the data generated were used to develop effective policies and programmes. She would like to know what was being done to facilitate the reintegration of displaced children once the security situation in their community of origin improved.

Ms. Poussi (Country Rapporteur) said that she wished to know how many unaccompanied child migrants had been provided with assistance under the tripartite memorandum of understanding between the State Party, the International Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees (UNHCR) and what kind of support they had received. The delegation might also wish to specify the number of children who had been resettled abroad under that instrument, in what countries they had been resettled, whether they had been able to obtain refugee status and how many children had voluntarily returned to the State Party for the purposes of family reunification.

She would be grateful for detailed information on the project to strengthen health services along migration routes and its outcomes. An explanation of what migration-related issues had been addressed in the National Gender Policy would be welcome, as would an update on the status of the new Child Protection Policy. The Committee would appreciate a response to the questions contained in paragraph 17 of the list of issues prior to reporting (CMW/C/NER/QPR/2), in particular those on alternatives to immigration detention and the subcontracting of the management of detention centres. It would also welcome more information on the six holistic centres for victims of gender-based violence, including the capacity of each centre, their average occupancy rate, the profile of their staff and the services they provided. It would be useful to learn whether the centres were government-run and had ever housed female migrant workers.

Mr. Kariyawasam said that, while the Committee recognized the security challenges faced by the State Party, such challenges could not be used as an excuse to justify action that was inconsistent with the human rights obligations assumed by the State Party under the Convention and other international treaties. Accordingly, he would like to know whether the State Party had organized training for members of the military, border guards, judicial officials and any other relevant actors in providing support to migrant workers who had been affected by terrorist incidents and handling those incidents in a manner that was compliant with international law. In the event that such training had not been provided, it would be useful for the delegation to indicate whether the State Party would require international assistance in that area, in particular since its strategic location in West Africa meant that its military needed to receive the best possible training.

Mr. Taghi-Zada said that he wished to learn more about the situation of migrants from the State Party who were working abroad. In particular, he would like to know whether any measures had been introduced by the authorities of the countries of destination to protect the human rights of workers from the Niger and what kind of consular services the State Party itself was able to provide. It would be interesting to learn whether the members of the Alliance of Sahel States, one of which was the Niger, had each agreed to grant a special status to migrant workers who came from another State member of the Alliance.

Mr. Corzo Sosa said that he would like to know whether five seats in the National Assembly continued to be reserved for nationals of the Niger who lived abroad and, if so, whether the delegation considered that number to be disproportionate given that just 3.8 per cent of the State Party’s population were said to have emigrated. It had been brought to the Committee’s attention that, in January 2025, the State Party had issued an ordinance establishing that foreign nationals who wished to exercise certain professional activities in the Niger could be prohibited from doing so or required to obtain prior authorization. Accordingly, it would be helpful to learn what criteria migrant workers were required to meet in order to obtain such authorization and how that measure was compatible with the freedom to work. The delegation might also wish to comment on the implications of the decision made in 2023 to suspend the Constitution and explain by what instrument the State Party was currently being governed.

He would be grateful for an update on the steps taken by the State Party to give effect to the recommendation contained in paragraph 22 of the concluding observations adopted by the Committee on the Elimination of Discrimination against Women following its review of the State Party in 2024 (CEDAW/C/NER/CO/5), which concerned the re-establishment of a full-fledged and independent national human rights institution in accordance with the Paris Principles. Information on any measures introduced in response to the recommendation made in paragraph 38 of those concluding observations, which addressed the issue of statelessness, would also be appreciated.

The Chair said that it was not clear whether the children referred to in paragraph 35 were refugees, as described in that paragraph, or migrant children. Regardless of their status, she wondered how those children, who were also described as being unaccompanied or separated from their families, were cared for, what protection they received, what measures were in place to prevent situations of statelessness and what steps had been taken to facilitate protection and assistance by the consular or diplomatic authorities of their State of origin, in accordance with article 23 of the Convention.

With regard to the thousands of migrants who had been repatriated from Algeria to Assamakka in recent years, she would like to know what measures were being taken to promote the reintegration of nationals of the Niger into society and what assistance was being provided to them, including access to healthcare and to all their economic, social and cultural rights. She would be grateful if the delegation could comment on reports that migrants returned from Algeria and other countries who were not nationals of States members of the Economic Community of West African States (ECOWAS) had been refused entry into the Niger. There were also reports that those persons had been taken to the location known as known as “Point Zero” and had been denied the opportunity to apply for asylum. Further details of the fate of those migrants from States not members of ECOWAS would be appreciated.

A representative of the Niger said that he was unaware of any outsourcing of the management of detention centres. With regard to his Government’s reported refusal to allow refugees to enter the territory of the Niger, it was the Algerian authorities who should be asked why they were sending Yemeni or Syrian nationals to the country, when the Niger had no border with those countries. The Government of the Niger had its own problems in providing for internal security and the welfare of its people. It should be devoting its resources to those problems rather than looking after people with whom it had no relationship.

Although the Constitution had indeed been suspended, the courts and public services were still functioning. The Constitution had been replaced by a transition charter with constitutional status, and an ordinance had been signed on the organization of the public authorities during the transition.

The fight against terrorism should never be used to justify the failure to uphold human rights. The Niger was a party to several international human rights instruments. However, it was under attack from all sides and had difficulty in protecting its citizens and ensuring that their rights were upheld. He wondered why the Committee did not question those who financed terrorism, namely France, which was doing so in order to steal the country’s natural resources.

As a former president of the Military Court, he could attest to the fact that the military of the Niger did not break the law and were trained in human rights. Human rights training modules were taught in police units at army training centres. In addition, there were military police investigation units involved in judicial proceedings relating to military actions. The military was therefore in no way left to its own devices.

Although there were no financial resources available for civil society participation in the preparation and presentation of reports, the Government nevertheless involved civil society representatives in the drafting process. They participated in the same way as other stakeholders. Their views were sought out, and their proposals were compiled and validated. Civil society actors had also been involved in the periodic review process, which he had helped to organize, including through training on the guidelines for the preparation of reports to treaty bodies.

The Government had signed agreements with civil society organizations such as Timidria to abolish the practice of wahaya in the Niger, which was an offence that fell under the category of slavery and slavery-like practices. The Niger had been a pioneer in banning the practice, which was an Islamic rather than a Nigerien institution.

With regard to the question raised concerning the ordinance requiring foreign nationals to obtain authorization to practise certain professions, every country was free to take measures to ensure its internal security. The Niger had been confronted with efforts by foreign security agencies to destabilize the region. The authorities had discovered weapons of war at the headquarters of the European Union Common Security and Defence Policy mission in Niger (EUCAP) under French command, and there was clear evidence that the French had taken over the security agencies in order to attack the country. The foreign agencies present in Niamey had stockpiled weapons but, before an attack could happen, the Government had dismantled and withdrawn the licences of those agencies, including travel agencies working with migrant workers, to prevent them from destabilizing the country or sowing the seeds of civil war. The ordinance issued had been necessary, and the authorities would take further measures if necessary to further protect the country’s internal security.

A representative of the Niger said that the initial draft of his country’s report, containing more than 60,000 words as a result of the various contributions received, had had to be substantially shortened in order to comply with the word limit set by the Committee, and that his delegation had therefore been unable to provide all the information it had wished.

The Court of State had ruled in 2019 that wahaya was not a form of marriage but rather a form of slavery. There had been other judicial decisions at the international level, in particular by the ECOWAS Court of Justice, which had condemned the Niger for allowing the practice to continue. The Niger had paid all the fines that had been imposed, and the practice would be treated as a criminal offence under the Criminal Code, once revised.

Civil society had been fully involved in all stages of the report’s preparation, including data collection and the validation process. The Government had invited all organizations active in the field of migration to participate in the drafting of the report, and their comments, where relevant, had been taken into account. The report had therefore been adopted on a consensual basis.

The Government had been invited to participate in the preparation of the alternative report, including by providing information on the guidelines for reporting and the details of various international human rights mechanisms. Despite the requests made, the alternative report had not been made available to the Government, but the latter had been assured that the report had been sent to the Committee. It was not legal for civil society organizations to withhold their reports from the State.

The National Human Rights Commission was a constitutional body that had been suspended in July 2023 along with all other such institutions. Nevertheless, the transition charter reaffirmed the commitment of the Niger to all international treaty bodies and instruments for the promotion and protection of human rights. The transition charter upheld the same rights as the previous constitution.

Although the courts did not refer specifically to the Convention in their decisions, they did make general references to international human rights instruments. The lack of case law had prompted the State to introduce relevant training modules in judicial training schools and police and gendarmerie academies.

The process of making the declarations provided for under articles 76 and 77 was still under way. The Niger had made other declarations, for example under the International Covenant on Civil and Political Rights and the Convention on the Rights of Persons with Disabilities. He trusted that the Government would soon be in a position to do the same for the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

The Special Rapporteur on the human rights of migrants had stated during his visit to the Niger in October 2018 that a 2015 law on the smuggling of migrants was contrary to the Convention, as the criminalization of irregular migration had led migrants to change their routes and take even more dangerous journeys, resulting in the loss of many lives in the desert. The Niger had subsequently repealed the law. However, it was considering the adoption of another law to regulate migration that would comply with international treaties, while taking into account the country’s socioeconomic realities.

The Government had established an interministerial committee responsible for the preparation of State Party reports to treaty bodies, which included all the relevant sectoral ministries. A workshop of three to five days was organized and the participants were trained on the guidelines for drafting reports and the provisions of the Convention in question. Various tasks were assigned and a deadline was set for the collection of information from the various relevant stakeholders. A validation workshop was then organized in which civil society organizations, international organizations and others were invited to participate. The report was then sent to the Cabinet and finally to the Council of Ministers, where the President, if he agreed with the report, signed a decree approving it. It had not been until 18 March 2025 that the President had done so.

A representative of the Niger said that his country was a Party to the 1961 Convention on the Reduction of Statelessness and the 1954 Convention relating to the Status of Stateless Persons. According to a study conducted in 2021, there were no stateless persons in the country. Nevertheless, there was a risk of statelessness linked to the security situation in the country and the high numbers of internally displaced persons, refugees and migrants in transit. Articles 8–11 of the Nationality Code set out the conditions under which the nationality of the Niger could be granted. The Code stated that any child born in the Niger to unknown parents could claim the nationality of the Niger and that children born to parents with that nationality were entitled to it, regardless of where they were born. Children who were born in migrant facilities could apply for the nationality of their parents. If the identity of their parents could not be established, they were legally entitled to the nationality of the Niger.

A representative of the Niger said that the Migrant Reception and Orientation Office was responsible for providing information and advice to citizens of the Niger working abroad who wished to contribute to the country’s socioeconomic development. The Office provided returnees with information on employment opportunities, labour law and administrative procedures relating to their reintegration, as well as advice on the creation of income‑generating activities and the means of financing available. The guide mentioned in paragraph 16 of his country’s report was aimed at both the diaspora and the returnee population. It contained much of the same information that was provided by the Migrant Reception and Orientation Office and was available in all diplomatic missions of the Niger.

A representative of the Niger said that five seats in the National Assembly had previously been set aside for candidates representing the diaspora because it was important to ensure that citizens of the Niger abroad were properly represented. Although migration from the Niger to Europe was limited, there were large numbers of migrants from the Niger in some African countries, such as the Sudan, Ghana and Côte d’Ivoire. There were no members of parliament at the present time as the Constitution had been suspended. At least one hundred representatives of the diaspora had attended the national conference held in February 2025. The diaspora would also be represented in the Consultative Council.

A representative of the Niger said that the National Human Rights Commission had always operated independently, with support from development partners, and had enjoyed category A status until its dissolution in July 2023. It had not been dissolved on account of its mandate; it had simply suffered the same fate as all State institutions following the events of July 2023. Legislation had already been drafted in relation to the national observatory for human rights that was to replace the Commission. The observatory would operate independently and would have the same statutes as the former National Human Rights Commission.

Under an agreement signed by the National Agency for Legal and Judicial Assistance and IOM, awareness-raising activities had been organized in several migrant facilities to inform migrants about their rights and responsibilities, the remedies available to them and national drug legislation, among other topics. Between December 2024 and February 2025, some 1,400 migrants had participated in activities of that kind. While there had been cases in which migrants had been prosecuted for criminal offences, she was not aware of any cases in which migrants had been prosecuted on the basis of their migration status.

A representative of the Niger said that the delegation’s attendance at the dialogue, in spite of the challenges currently faced by the Niger, attested to the importance attached to migrant workers and their families by the national authorities. Its frank and pertinent responses to the questions put by the Committee showed that the Niger was participating in the dialogue in good faith.

A representative of the Niger said that there were no formal avenues for appeal against expulsion decisions, but it was possible to appeal against decisions not to grant refugee status. Both migrants facing expulsion and asylum-seekers whose applications had been unsuccessful could apply to the urgent applications judge for an interim order. Migrant holding centres were not detention facilities. Refugees could not be returned to countries where their life might be at risk.

A representative of the Niger said that labour inspectors were not able to spend as much time conducting inspections as they would like, because much of their time was spent resolving labour disputes. They also faced a severe lack of resources that prevented them from performing their role fully. Up until 2021, labour inspectors had received training on the Convention. The provision of training had been temporarily suspended but would be resumed. A national action plan to combat child labour was being drawn up but had not yet been adopted. Both the Ministry of Employment, Labour and Social Security and the Ministry of Justice had provided technical support to civil society in the drafting of their alternative reports.

The national social security fund had signed bilateral agreements with its counterparts in several countries with a high number of migrants from the Niger, such as Côte d’Ivoire, to ensure that returnees were able to retain their social security benefits. An agreement with Libya had been signed on 30 November 2021; the details of its implementation were being discussed by experts from both countries. The plans to sign agreements with Tunisia and Türkiye had not come to fruition, but significant progress had been made towards signing an agreement with Qatar. Multilateral agreements in that area were negotiated in the framework of the Inter-African Conference on Social Welfare, of which the Niger was a member.

A representative of the Niger said that a revised version of the law on the status of refugees had been drafted and submitted for adoption. The draft revised law covered the issue of statelessness. Refugee status was granted on the basis of a prima facie approach to migrants from Mali and Nigeria, many of whom were children. Refugee children from Nigeria were placed in foster families.

A representative of the Niger said that refugee children in foster families had access to healthcare and education on an equal basis with citizens of the Niger. The authorities of the Niger did their utmost, in the face of poverty and sanctions, to support the large numbers of refugees from Nigeria and elsewhere who came seeking protection, security and access to healthcare and education.

Ms. Gahar said that she would appreciate more information on the project carried out from 2019 to 2021 to strengthen the provision of healthcare along migratory routes. In particular, she would like to know whether local organizations had been involved in designing and implementing the project; how the specific needs of vulnerable groups, such as women and children, had been evaluated and addressed; what impact the project had had, including on members of vulnerable groups; and what obstacles to its implementation had been encountered.

She would like more information about the evaluation and revision of the National Strategy for Preventing and Responding to Gender-based Violence. Specifically, she wondered what indicators had been used in the evaluation; at what stage the evaluation had been carried out; what the results had been; and whether the results had been published. She would also like to know whether the Strategy covered harmful practices involving migrant girls. The Committee had received reports of women being forced to resort to prostitution, including with security guards at border posts, in exchange for access to certain services and also to avoid paying taxes at the border. She would therefore welcome information on any measures taken to prevent and eradicate the abuse, exploitation, trafficking and sale of migrant women and girls, especially in rural areas. According to figures provided in the State Party’s report (CMW/C/NER/2, paras. 80–83), trafficking in persons affected migrant children as young as 4 months old. It would be helpful if the delegation could explain those figures and describe the measures in place to protect very young children from trafficking.

Mr. Babacar said that he would like to know whether steps would be taken to increase the presence of the national trafficking in persons referral and guidance mechanism and the national observatory for human rights throughout the country to ensure that child victims of trafficking had access to the necessary assistance. He wished to know what penalties were applicable for violations of labour law in respect of migrant workers.

Ms. Poussi said that she would like to know whether the portability of social security benefits, as provided for in the Multilateral Convention on Social Security of the Inter‑African Conference on Social Welfare, was being effectively applied and, if not, why not. She would also like to know what steps had been taken by the State Party since its withdrawal from ECOWAS to ensure the protection of the rights of migrant workers who were nationals of States members of ECOWAS. Statistics on the smuggling of migrants after 2020 would be useful.

She wondered whether the procedure for dealing with unaccompanied children, which provided for the appointment of a legal guardian, was followed in practice and, if so, how such a guardian was chosen. Lastly, she would welcome more detailed information on the work of the joint investigative team set up to dismantle smuggling networks.

The Chair, referring to recent climate-related disasters in the State Party and their harmful effects on the population, said that she would like to know what specific measures the State Party was taking, besides reviewing policies in order to take account of climate change, to assist climate migrants, domestically and internationally. She would also welcome information on any migrants who arrived in the Niger seeking mining jobs and the support provided to them.

A representative of the Niger said that the establishment of regional offices had been provided for under the since-abolished National Human Rights Commission; the national observatory for human rights would also enjoy regional representation, provided that resources allowed it. The support given to unaccompanied children or those who had been separated from their families depended on the area in which they were found, but such children were usually assigned a foster family in the local community.

He was shocked to hear of reports that migrants were forced to have sex with security personnel to avoid paying taxes; that simply was not true. It was a fact that some destitute women decided of their own free will to prostitute themselves in order to pay for passage to Europe, for example; however, the personal conduct of certain people was not a concern of the State. The presence of obscene practices – drug trafficking and prostitution included – was offensive to the mores of the local population and the Niger as a whole, but the Government could not be expected to do something about such practices when they were carried out behind closed doors. Furthermore, smugglers were criminals not under State control. On the other hand, the Government could take and had taken judicial action against the defence and security personnel who had been found to be engaging in corruption, including along migratory routes. As for the very young migrant children being trafficked, it was true that some babies were taken by their mothers to Algeria and exploited for begging purposes; they were also sometimes rented out to other people. The Government was taking steps to eliminate such practices.

A representative of the Niger said that his Government had not changed the protection it extended to nationals of States members of ECOWAS since its withdrawal from that community. Within the Alliance of Sahel States, no national of the member States was considered a migrant, as the Alliance constituted a single space.

The Niger had consulates in France that looked after their nationals. The problem did not lie with French citizens, but rather with French politics. There was no discrimination against French people in the Niger. In fact, just recently, a Frenchman had won a court case against a national of the Niger in the latter’s own country regarding the purchase of a property there.

All workers, including migrant workers, were protected under the Labour Code. Any worker whose labour rights had been violated could submit a complaint to a labour inspectorate; there were inspectorates in all the regions of the country. The very fact that there was a backlog of cases in the inspectorates was proof that the complaint mechanism worked. A worker whose case was not resolved by an inspectorate could submit his or her complaint to the Labour Tribunal.

It was difficult for some countries to implement all the provisions the Multilateral Convention on Social Security of the Inter-African Conference on Social Welfare, which was why the national social security fund sought to sign bilateral agreements with its counterparts in countries with a high number of migrants from the Niger.

Ms. Poussi said that the sole objective of the Committee’s constructive dialogue with the State Party was to better understand the situation of migrant workers. As independent experts on migration, the Committee members did not speak on behalf of any country, but simply sought to monitor the best possible implementation of the Convention in the States Parties thereto. They could not put questions to those States which were not parties to the Convention, although there were other ways to draw their attention to migration issues. The presence of the delegation at the constructive dialogue was proof of the State Party’s determination to continue making progress towards the promotion and protection of migrant workers’ rights.

Ms. Gahar, while welcoming the initiatives taken by the State Party to improve the situation of migrants, said that much remained to be done to fully secure the rights of migrant workers and their families, for instance regarding the assessment of reintegration and education programmes and the collection of disaggregated data. The members of the Committee were all migration experts who were convinced that migrants played a vital role in the economy, while facing numerous challenges, particularly in gaining access to basic rights, legal protection and essential services. It was essential that such challenges should be acknowledged and that the constructive dialogue should remain open and productive so that effective solutions could be identified. A collaborative approach based on mutual respect and the sharing of experiences was crucial for developing policies that met the needs of migrants and ensured their harmonious integration into society.

The Chair said that she welcomed the high-level composition of the delegation representing the various government institutions involved in migration management in the State Party. She also appreciated the frank dialogue, which allowed the Committee to better understand the migration situation in the State Party and therefore to make appropriate recommendations to improve it. She encouraged the State Party’s to make good on its commitment to making the declarations provided for under articles 76 and 77.

A representative of the Niger said that the constructive dialogue was an important milestone in his country’s commitment to build a society in which human dignity, universal rights and equity was a reality for everyone, including migrant workers. He acknowledged that challenges remained, notably in the areas of migrant working conditions, regional and international cooperation and legal recourse mechanisms for migrant workers and their families; his Government would confront those challenges with courage and conviction. The delegation had taken note of the Committee’s questions and recommendations and would endeavour to submit any outstanding replies in writing.

The meeting rose at 1.05 p.m.