Niger: human rights erode one year after the military takeover

(Nairobi) – A year following the military takeover in Niger, the ruling military authorities have severely suppressed opposition, independent media, and peaceful dissent, as reported today by Amnesty International, Human Rights Watch, and the International Federation for Human Rights (FIDH).

These authorities have arbitrarily detained former President Mohamed Bazoum, along with at least 30 officials from his ousted government and individuals associated with him, in addition to several journalists. Despite pledges to combat corruption, they have rejected any scrutiny of military expenditures. 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.

“One year after the military coup, 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 authorities should release Mohamed Bazoum and all those arbitrarily detained for political reasons, ensuring their rights to due process.”

On July 26, 2023, General Abdourahamane Tiani and other Nigerien army officers, operating as the National Council for the Safeguard of the Homeland (CNSP), overthrew Mohamed Bazoum, who was democratically elected president in 2021. They then arbitrarily detained him, his family, and several cabinet members. In response, on July 30, 2023, the Economic Community of West African States (ECOWAS) imposed sanctions, including economic restrictions, travel bans, and asset freezes on the coup leaders and the nation. The African Union suspended Niger from all its bodies and activities on August 22, 2023. However, on January 28, 2024, Niger, Burkina Faso, and Mali announced their withdrawal from ECOWAS, which subsequently lifted 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 about their well-being. In August 2023, authorities declared their intent to prosecute Bazoum for “high treason” and undermining national security, though he has yet to face a judge. In September 2023, Bazoum filed a lawsuit with the ECOWAS Court of Justice in Abuja, citing human rights violations during his family’s detention. In December 2023, the ECOWAS Court ruled Bazoum’s detention arbitrary and called for his release. In April, authorities initiated legal proceedings to strip Bazoum of his presidential immunity, aiming to try him for alleged crimes committed after his 2021 election. On June 14, 2024, Niger’s State Court lifted his immunity following a process that failed to meet essential due process standards and international fair trial norms, including the right to defense.

Military authorities have also arbitrarily arrested at least 30 officials from the overthrown government, including former ministers, presidential cabinet members, and associates of the former president, denying them due process and fair trial rights. Lawyers for the detained individuals reported their clients were held incommunicado by intelligence services before being transferred to high-security prisons on unsubstantiated charges. At least four were granted bail in April, while all others were charged with “undermining state security” and other offenses by a military court, despite being civilians.

Since the 2023 coup, media freedom has been severely curtailed in the country. Authorities have threatened, harassed, and arbitrarily arrested journalists, many of whom report self-censoring 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. Her detention location remained unknown for seven days. Niamey’s judicial police initially denied her arrest, but on October 7, Sabou was transferred to the Niamey police’s criminal investigation 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, for which no date has been set.

On January 29, the Interior Minister issued a decree suspending the activities of the Maison de la Presse, an independent media organization, and announcing the creation of a new media management committee led 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, Toudou had condemned the military takeover in a widely circulated 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 his 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 correspondent in Niger, reported receiving threats from security force members who accused her of attempting to “destabilize Niger” due to her coverage of the security situation in the Tillabéri region, 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,” in violation of 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 announced modifications 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 undermine human dignity through an information system,” had been used to repress human rights, particularly freedom of online expression, in 2020. In 2022, Mohamed Bazoum’s government, following a sustained civil society campaign, amended the law, replacing prison sentences with fines for defamation-related offenses. However, the June 12 modifications reinstate 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 access information,” 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.”

The African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both ratified by Niger 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 revoking all oversight of military expenditures. The order states 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 public procurement and public accounting legislation” and are also tax-exempt. Transparency in military budgets and spending is critical for combating corruption and mismanagement. It also contributes to respect for human rights and the rule of law, proper management of military expenditures, and government accountability, the organizations stated.

“Public scrutiny of the military’s economic activities is not only essential for restoring 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 expenditures.”