Niger

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Niger

RightSectionContents
Freedom of AssociationHistoryFreedom of association is found in the first Constitution of Niger, enacted in 1960 shortly after independence. Under Article 7, “political parties and groups shall be instrumental in the expression of the suffrage. They shall be formed and shall carry on their activities freely on condition that they respect the principles of national sovereignty and democracy and the laws of the Republic.” “Constitution of Niger.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzne0002&id=1&men_tab=srchresults.
Freedom of ExpressionHistoryNiger’s 1959 Constitution following its independence from France does not have a section for rights, but states in the Preamble: “The People of Niger solemnly reaffirm their attachment to the principles of democracy and to the rights and liberties of man, specified in the Historical Declaration of 1789 and guaranteed by the Constitution of the Community.” This refers to the French Declaration of the Rights of Man and of the Citizen, which proclaims the freedom of opinion in Articles 10 and 11 of Lafayette’s original draft (American Battlefield Trust). The Declaration was later revised and completed most prominently by Emmanuel-Joseph Sieyes, but its emphasis on freedom of expression was maintained (Mark, 2022). The 1960 Constitution of Niger similarly states that the rights professed in the Declaration of the Rights of Man and of the Citizen are protected in its Constitution. The 1989 Constitution, however, does gain a section for rights and protects opinion, thought, and expression “exercised within respect for the laws and regulations in force” in Article 13. The 1992 Constitution changes this part slightly and protects expression “exercised within respect for the public order, for social peace, and for national unity” in Article 24.

References:

Constitution of Niger, 1959. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0010&i=1

Constitution of Niger, 1989. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0013&i=1

Constitution of Niger, 1992. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0014&i=1

Lafayette's Draft of the Declaration of the Rights of Man and of the Citizen. American Battlefield Trust, Accessed 7 June 2024: https://www.battlefields.org/learn/primary-sources/lafayettes-draft-declaration-rights-man-and-citizen

Mark, Harrison. “Declaration of the Rights of Man and of the Citizen” World History Encyclopedia, 8 June, 2022: https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/

“The text of the Declaration of the Rights of Man and of the Citizen, written in 1789, translated into English.” Digital Public Library of America, Accessed 7 June, 2024: https://dp.la/primary-source-sets/declaration-of-the-rights-of-man-and-of-the-citizen/sources/889
Freedom of ReligionHistoryThe Constitution of Niger was ratified on 31 October 2010. Articles 8, 17, and 30 grant religious freedom, equality, and prohibit religious discrimination. Article 3 declares a separation of church and state. Article 30 of the 2010 Niger constitution ostates: “Any person has the right to freedom of thought, of opinion, of expression, of conscience, of religion and of worship [culte]” (constituteproject.org). “Niger 2010 (Rev. 2017) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Niger_2017.
Freedom of the PressHistoryArticle 100 of Niger’s 2010 Constitution protects press freedom: “The Law determines the fundamental principles…of the protection of the freedom of the press and of the access to public information and to administrative documents" (Constitute Project, “Niger’s Constitution of 2010 with Amendments through 2017” ).
Privacy RightsHistoryThe 2010 constitution only protects the domicile of people in terms of privacy rights. This is done in Article 27 (Constitute Project, “Niger 2010 rev. 2017” ). https://www.constituteproject.org/constitution/Niger_ 2017? lang=en
Voting Rights and SuffrageHistoryArticle 7 of Niger’s Constitution grants Nigerian citizens over the age of 18 or “emancipated minors the right to direct and indirect suffrage via equal, free, and secret ballots. Articles 47 and 84 states that the President and The Deputies are elected via universal suffrage (Constitute Project, “ Niger’s Constitution of 2010 with Amendments through 2017” ).