Niger: judicial crackdown targets justice sector unions and magistrates

On August 7, 2025, General Mohamed Toumba, Niger’s Minister of Interior, signed five decrees ordering the dissolution of Saman, the Union of Magistrates of Niger (Uman), the National Union of Justice Agents (Snaj), the Union of Cadres and Technical Agents of the Ministry of Justice (Syncat), and the Independent Union of Magistrates of Niger (Siman). These ministerial decrees provided no stated reasons for the actions.

The following day, August 8, 2025, Minister of Justice Alio Daouda, in a press briefing, asserted that these governmental measures were enacted due to “repeated deviations detrimental to the proper functioning of public service.” He claimed that the unions had “strayed” from their designated roles by prioritizing “personal interests.” In response, Saman and the Niger Bar Association announced a symbolic strike for August 14 and 15, 2025, to protest against these decrees.

The government’s justification for dissolving the unions appears to rely on an inappropriate ordinance, thereby infringing upon the Labor Code and the recognized freedom of association in Niger. According to a statement released on Saturday, August 9, 2025, by the Union of Workers’ Unions of Niger (USTN), Ordinance N°84-06 of March 1, 1984, which governs associations in Niger and was cited in the ministerial decrees, is exclusively applicable to non-profit organizations. It does not pertain to trade unions, which fall under a distinct legal framework, specifically the Labor Code of the Republic of Niger (Law N°2012-45 of September 25, 2012) and international conventions of the International Labour Organization (ILO) ratified by Niger. Lacking a proper legal foundation, these dissolutions are therefore null and void, and cannot be enforced against the unions.

Magistrate union leaders who dared to speak out against these unlawful dissolutions subsequently faced severe executive sanctions. On August 14, 2025, Nigerien President Abdourahamane Tiani issued a presidential decree to dismiss and exclude Mr. Abdoul-Nasser Bagna Abdourahamane, Secretary General of Saman, from the magistracy. This sanction followed Abdoul-Nasser Bagna Abdourahamane’s criticisms regarding the dissolution of judicial unions on August 7, 2025, and his request for a right of reply to the Minister of Justice’s press briefing on August 8. Less than 24 hours later, on August 15, 2025, President Tiani issued another presidential decree to dismiss and exclude Mr. Moussa Mahamadou, Deputy Secretary General of Saman, from the magistracy. This dismissal came after a union statement, signed by Moussa Mahamadou, condemning the sanction against his superior and calling for a general strike—which Nigerien authorities deemed illegal—until Abdoul-Nasser Bagna Abdourahamane’s reinstatement.

The dissolution of justice sector unions raises profound concerns about the separation of powers and the independence of the judiciary, which are cornerstones of a democratic society. These dissolutions, enacted through administrative decisions, constitute a grave attack on fundamental freedoms, foremost among them the freedom of association, recognized by Article 22 of the International Covenant on Civil and Political Rights (ICCPR), to which Niger is a party, and Article 36 of Niger’s Charter of Refoundation of March 26, 2025. The Niger Bar Association, for its part, denounced “the compromise of trade union freedom, judicial independence, freedom of expression, and even, to some extent, the right to defense.”

These measures also violate the right to freedom of association, safeguarded by several international commitments made by Niger. These include Articles 10 and subsequent articles of the African Charter on Human and Peoples’ Rights, Articles 21 and 22 of the ICCPR, ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise (ratified by Niger in 1961), ILO Convention No. 98 on the Right to Organise and Collective Bargaining (ratified by Niger in 1962), and Article 38 of Niger’s Charter of Refoundation of March 26, 2025. These instruments collectively guarantee the right of workers and employers to establish organizations for the defense of their professional interests.

The Observatory observes with deep concern that these dissolution and dismissal decisions are part of a broader effort to intimidate and silence the judiciary. These actions occur within a climate characterized by the shrinking of civic space and repeated infringements on the fundamental rights of all dissenting voices. On numerous occasions, the rights to freedom of expression, opinion, association, assembly, and demonstration have been violated, notably through arbitrary arrests and detentions of human rights defenders. Among them is Mr. Moussa Tchangari, who has been arbitrarily detained for nearly nine months, particularly after attending a meeting of the International Committee of the Red Cross (ICRC) in Abidjan, Côte d’Ivoire, and criticizing the Nigerien Minister of Interior’s decision to revoke the licenses of two humanitarian organizations.

The Observatory reiterates that the protection of trade union rights and the independence of the judiciary are fundamental pillars of the rule of law and democracy. The Observatory calls upon Nigerien authorities to promptly revoke the dissolution orders for the five justice sector unions and to immediately reinstate Abdoul-Nasser Bagna Abdourahamane and Moussa Mahamadou to the magistracy. The Observatory condemns all forms of harassment, intimidation, or sanctions against trade unions and human rights defenders, demanding full respect for the freedoms of association and trade union activity, in accordance with Niger’s national and international obligations.