VZCZCXRO6846
RR RUEHMA RUEHPA
DE RUEHNM #0099/01 0501439
ZNR UUUUU ZZH
R 191439Z FEB 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 4858
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC

UNCLAS SECTION 01 OF 09 NIAMEY 000099 
 
DEPT FOR AF/W, AF/RSA, G - ACBLANK, G/TIP, AND DRL/AE 
PLS PASS USAID FOR AFR/W 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KCRM KWMN SMIG KFRD ASEC ELAB NG
SUBJECT:  Niger 2009 Trafficking in Persons (TIP) Report 
 
REF: 08 STATE 132759 
 
¶1. (U) Per reftel instructions, Post submits the following 
information on Niger for the 2009 Trafficking in Persons (TIP) 
Report.  Post's responses correspond to checklist paragraphs as 
below: 
 
¶2. (SBU) NIGER'S TIP SITUATION: 
 
¶A. Primary sources of information on trafficking in persons include: 
 the Nigerien Border Police; the Ministries of the Interior, Women's 
Promotion and Child Protection, Justice, National Defense, and Civil 
Service and Labor; the Judicial Police; international and local 
NGOs; and press reports.  In July 2008, the National Commission for 
Human Rights and Fundamental Liberties (CNDHLF) published a study on 
"the Problem of Forced Labor, Child Labor, and all Forms of Slavery 
Practices in Niger."  During its presentation to the President of 
Niger on July 11, 2008, the CNDHLF called the report "a national 
reference document."  However, due to resource limitations and 
intra-governmental communications problems, the numbers supplied by 
these sources are not consistently reliable, although they do 
provide a notional measure of the problem's scope. 
 
¶B. Niger is a country of origin and transit for internationally 
trafficked persons.  On a smaller scale, Niger may also be a 
destination country for persons lured to Niger from other West 
African countries. 
 
West African migrants, who transit Niger on their way to neighboring 
countries, North Africa, or Europe, may fall victim to traffickers. 
 
There are reports of Nigerien women being trafficked to Nigeria, 
North Africa, Europe, and the Middle East. 
 
Internal trafficking occurred, and there was anecdotal evidence that 
some local religious teachers and loosely organized clandestine 
networks induced young boys to work as beggars and manual laborers 
and young girls to work mainly as domestic servants and occasionally 
as prostitutes, sometimes with the complicity of their families. 
Children were also internally trafficked for work in mines.  There 
were also reports that some child prostitution exists along the main 
East-West highway, particularly between the towns of Birni N'Konni 
and Zinder along the Niger-Nigeria border. 
 
Officially, the GON controls the entire territory of Niger; however, 
due to resource limitations and geography, Niger's borders are 
porous and large tracks of the vast desert territory are not 
adequately patrolled.  One estimate indicates that there may be as 
many as 150 un-policed border crossings. 
 
Reliable numbers on the extent of the TIP problem in Niger are 
scarce.  The results of a trafficking in persons study were 
validated in November 2005.  The study, funded by G/TIP, conducted 
by ANDDH (a local human rights NGO), and overseen by UNICEF, 
provides greater insight into the magnitude of the problem.  For 
example, of the 1,540 households interviewed nationwide in the 
study, 5.8 percent said at least one member of their household has 
been a victim of trafficking.  Without reliable statistics over 
time, it is not known if there have been changes in the direction or 
extent of trafficking. 
 
¶C. Persons trafficked through Niger come primarily from Benin, 
Burkina Faso, Gabon, Ghana, Mali, Nigeria, and Togo. 
 
During the reporting period, 81 children (including eleven girls 
from Benin) were rescued, rehabilitated, and returned to their 
families.  AFETEN assisted with 37 trafficked Nigerien children; 
EPAD assisted with eleven girls from Benin rescued in Gaya, seven 
Malian and four Nigerien boys in Torodi, and 22 Malian boys in 
Tillabery.  Eleven potential traffickers were arrested, of whom five 
were placed in custody. 
 
In March 2008, the GON, with support from UNICEF, completed the 
establishment of regional committees to control child trafficking in 
various regions of the country, including Agadez, Niamey, Zinder, 
and Tillabery.  The overall objective for these committees was to 
undertake all necessary actions that help prevent child trafficking, 
dismantle trafficking rings, and sensitize the population on women's 
and children's trafficking issues.  More specifically, these 
committees were charged with:  a) developing regional action plans; 
b) coordinating district committees and other organizations involved 
in the fight against child labor; c) initiating and facilitating all 
actions to prevent and combat child trafficking; and d) conducting 
advocacy with people and institutions that may impact the fight 
against child trafficking. 
 
To support the regional committees, 30 watchdog teams were created 
 
NIAMEY 00000099  002 OF 009 
 
 
in various localities, including seven in Agadez region (Arlit, 
Bilma, Dirkou, Ingall, Thirozerine, Aderbissanat, and Agadez city); 
seven in Zinder region; five in  Maradi region; and eleven by the 
Association of Niger's Young Workers (AEJTN) in Niamey, Dosso, Gaya, 
Makalondi, Malbaza, Konni, Maradi, Zinder, Komabangou, Tahoua, and 
Tillabery. The watchdog teams' role was to report to the police any 
suspect cases of illegal travel of minors accompanied by adults. 
 
Internally trafficked teenage girls often end up as domestic 
servants and occasionally as prostitutes while young boys often end 
up begging for religious teachers (marabouts), doing manual labor, 
or as domestic servants. 
 
Apart from internal trafficking, final destination countries for 
Nigeriens and West Africans transiting Niger include Algeria, Libya, 
and European countries where men work as unskilled laborers and 
women are reported to work as domestic laborers and prostitutes. 
There are reports of Nigeriens being trafficked to Nigeria, Saudi 
Arabia, and the United Arab Emirates, where victims are reported to 
work mostly as domestic servants.  Some rural parents sent their 
sons to learn the Koran in Mali and Nigeria, where the boys worked 
for their teachers (marabouts) as beggars or provided manual labor. 
 
¶D. Vulnerability to TIP:  Children and women are the most at-risk 
group.  The primary Nigerien targets of traffickers are young boys 
and girls, especially from the regions of Diffa, Zinder, Maradi, and 
Agadez. 
 
¶E. Traffickers and Their Methods:  Traffickers are mostly small-time 
freelance operators and loosely organized networks of individuals. 
According to the ANDDH study, 58 percent of the traffickers in Niger 
are marabouts.  There are also reports of freelance business people 
(both men and women) and informal travel agencies that traffic women 
to the Middle East. 
 
Young boys from Maradi and Zinder regions are trafficked to Nigeria 
to work for marabouts as beggars and manual laborers. 
Overwhelmingly, the traffickers are the marabouts themselves who are 
approached by the families, not the other way around.  Traditional 
culture in Niger respects marabouts and sending young boys to 
marabouts to learn the Koran has been an accepted tradition for 
centuries.  Marabouts exploiting children for personal gain is a 
relatively new phenomenon.  Internal trafficking of young boys by 
marabouts is also common in Tahoua region.  There are reports that 
adolescent girls from Diffa, Zinder, and Maradi that enter into 
"false marriages" with residents from Nigeria, Saudi Arabia, and the 
United Arab Emirates.  After arriving in the destination country, 
the girls often end up being domestic servants.  Traffickers in 
these cases can be individual business people (both men and women) 
and travel agencies that often organize pilgrimages to Mecca for the 
Hajj. False documents are often produced in order to obtain 
legitimate travel documents. 
 
Female victims that are trafficked into Niger work mostly as 
domestic servants and, occasionally, as prostitutes. Young boys from 
neighboring countries may be trafficked into Niger to work in mines, 
on farms, as mechanics, or as welders.  Often, their parents pay 
someone to teach them a vocation but the teacher ends up taking 
advantage of the young apprentice.  Though there are no back-up 
statistics, the ANDDH study contains anecdotal evidence that 
indicates many trafficked foreigners, most of them men, transiting 
Niger are subject to violence, debt bondage, and the confiscation of 
their travel documents. 
 
There are also reports that teen-age girls from Agadez are 
trafficked to Algeria, Libya, and European countries.  Victims are 
lured by promises of employment in North Africa and the opportunity 
to travel to Europe for a better life. 
 
Traffickers are embedded in the trans-Saharan transport system that 
traffics other illicit goods, in addition to people, across the 
Sahara for a considerable fee.  There are occasional reports of 
deaths of presumed trafficking victims due to vehicle breakdowns in 
remote parts of the Sahara. 
 
¶3. (SBU) GOVERNMENT of NIGER'S ANTI-TIP EFFORTS: 
 
¶A. The government acknowledges that trafficking is a problem. 
 
¶B. Government agencies involved in anti-trafficking efforts include 
the Ministries of Interior, Justice, National Defense, Women's 
Promotion and Child Protection, Communications, Foreign Affairs and 
Cooperation, Economy and Finance, Civil Service and Labor, 
Environment, National Education, and Youth and Sports.  The Ministry 
of Justice is the lead agency on TIP. 
 
¶C. Niger ranks among the bottom five least developed countries in 
 
NIAMEY 00000099  003 OF 009 
 
 
the world.  New factors like the restrictive measures due to the 
security situation in the north delayed the GON's efforts to address 
other priorities.  The GON's resources are insufficient to 
adequately fund police and other law enforcement and judicial 
institutions.  Policing the vast desert regions of northern Niger is 
particularly difficult.  Overall corruption is a problem.  Faced 
with severe development challenges, the GON has very few resources 
with which to combat trafficking, or to aid victims. 
 
¶D. The GON attempts to systematically monitor its 
anti-trafficking efforts, but has had very little information to 
make publicly available.  Despite the lack of resources, the GON 
shows the will to actively investigate cases of trafficking, and 
Nigerien police utilize all tools available to them.  Its work with 
NGOs on trafficking and slavery cases yielded arrests, prosecutions, 
and convictions during this reporting period. 
 
¶5. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
¶A. Existing Laws against TIP:  There is no Nigerien law specifically 
prohibiting trafficking in persons, although the GON sought 
technical assistance and drafted such a law in 2007.  The law draft 
was developed by a joint working group composed of UNODC and MOJ 
officials, and was approved by the Prime Minister's Office and is 
awaiting adoption by the Council of Ministers at the end of the 
reporting period.  However, the Constitution and the Labor Code 
prohibit slavery and slavery related practices.  The reformed Penal 
Code defines and criminalizes slavery and slavery-related 
practices. 
 
- Article 12 of the Constitution states that "No one shall be 
subjected to torture, slavery, abuse, or cruel, inhuman or degrading 
treatment." 
 
- Article 4 of the Labor Code prohibits forced or compulsory labor. 
The term "forced or compulsory labor" means "any labor or service 
required of a person under the threat of punishment and for which 
the individual has not given full consent." 
 
- Article 270.1 of the Penal Code states that "slavery is a state or 
condition of an individual upon whom are exerted the attributes of 
property rights or some of them...any institution or practice by 
virtue of which a minor under 18 years old is entrusted, either by 
his/her parents or by his/her guardian, master or master of one or 
both parents, to a third party, against payment or not, for purposes 
of exploiting the person or the work of said minor."  This provision 
covers forced child labor and trafficking. 
 
- Article 255 of the Penal code states, "Anyone who, by fraud or 
violence, abducts or orders to abduct minors under 18 years old or 
leads, diverts, or moves them from the place where they were under 
custody, shall be punished by two to ten years of imprisonment.  Any 
attempt of the foregoing offense shall also be subject to the same 
sentence."  Article 256 of the Penal code states, "If the accused 
has obtained or intended to obtain payment of ransom from people 
under whose authority or custody a minor has been placed, the 
sentence shall be life imprisonment." 
 
- Article 181 of the Penal Code provides that "parents of minors 
under 18 years of age who usually engage in begging, and any person 
who encourages children to beg or who willingly profits from their 
begging, will be punished by six months to one year's 
imprisonment." 
 
- The Penal Code also criminalizes the procurement of a minor for 
the purpose of prostitution. 
 
In addition, Niger ratified the following international instruments 
which by law become part of Niger's legal corpus: 
 
- ILO Conventions 29 and 105 were ratified by Niger on February 27, 
1961, and March 23, 1962, respectively. 
 
- The GON has signed and ratified ILO Convention 182.  It was 
ratified on October 23, 2000. 
 
- The Optional Protocol to the Convention on the Rights of the Child 
on the Sale of Children, Child Prostitution, and 
Child Pornography was signed on March 27, 2002.  It was ratified on 
November 17, 2003. 
 
- The Additional Protocol to Prevent, Suppress and Punish 
Trafficking in persons, Especially Women and Children, supplementing 
the UN Convention Against Transnational 
Organized Crime, was signed on August 21, 2001.  Niger ratified this 
protocol on June 2, 2004. 
 
 
NIAMEY 00000099  004 OF 009 
 
 
-- The UN Convention Against Transnational Organized Crime was 
ratified on July 29, 2004. 
 
-- The Additional Protocol Against Illegal Trafficking of Migrants 
by Land, Air, and Sea, supplementing the UN Convention Against 
Transnational Organized Crime was ratified on September 16, 2008. 
 
- The GON has enacted the July 2005 Multilateral Agreement to Combat 
Child Trafficking in West Africa. 
 
¶B. Punishment of Sex Trafficking Offenses:  Article 270.2 of the 
Penal Code states that "keeping a person in slavery or inciting a 
person to give up his/her freedom or dignity or that of a dependent, 
in order to be kept in slavery, shall be punished by 10 to 30 years 
imprisonment and a fine of 1,000,000 to 5,000,000 CFA (approx. 
$2,000-10,000)."  This provision covers sexual and labor 
exploitation. 
 
¶C. The provisions of the Penal Code as described above are currently 
applicable to labor trafficking offenses.  The adoption of an 
anti-trafficking law will define the trafficking crime and 
applicable penalties in a more specific manner. 
 
¶D. The current penalty for rape or forcible sexual assault on minors 
under the age of 13 is 15-30 years imprisonment.  The penalty for 
rape or forcible sexual assault on victims older than 13 is 10-20 
years imprisonment.  The provision of the Penal Code described in 
para B applies to trafficking for commercial sexual exploitation. 
 
¶E. During the reporting period, there have been prosecutions of 
traffickers in Niger.  During the year, law enforcement authorities 
arrested 11 traffickers in connection with the trafficking of 81 
children.  Of these, six were released without charge, while five 
were arrested and charged with the abduction of minors.  At the end 
of the reporting period, there were no developments in the 2006 case 
of two traffickers held in custody in Agadez. 
 
In 2006, the Ministry of Justice requested all jurisdictions to 
provide input for a comprehensive report on the investigation and 
prosecution of cases under the revised penal code's anti-slavery 
provisions, and under other TIP-related statutes.  The report 
revealed that eight cases relating to traditional caste-based 
servitude have been lodged since the enactment of the revised penal 
code in 2004.  Each case was investigated by GON authorities.  In 
one of the three pending cases, the plaintiff withdrew her 
complaint, but Timidria decided to pursue legal action against the 
defendants.  In the 2006 enslavement case of Timidria and Haoulata 
Ibrahim vs. Seidimou Hiyar, during the year, the Court of Appeals of 
Niamey sentenced the defendant to two years' imprisonment (six 
months behind bars and 18 months suspended sentence) and a fine of 
100,000 CFA ($200) for damages.  Although the defendant served his 
prison term, he had not paid the damages at the end of the reporting 
period. 
 
On December 22, 2008, the Court of Appeals of Niamey held hearings 
on the 2006 slavery case Timidria and Assibit Wanagoda vs. Tafane 
Abouzeidi and Timidria.  In the verdict it delivered on February 9, 
2009, the court found no grounds for prosecution and dismissed the 
case.  The plaintiffs said they would file an appeal before the 
Supreme Court.  At the end of the reporting period, the 2006 slavery 
case Midi Ajinalher vs. Hamad Alamine and three brothers is still 
pending before the Niamey Court of Appeals. 
 
On October 27, in a landmark ruling regarding the case Timidria and 
Hadidjatou Mani Koraou vs. the Government of Niger, the Economic 
Community of West African States (ECOWAS) Court of Justice 
recognized that Mani Koraou had been a victim of slavery and held 
the Government of Niger responsible for the inaction of its 
administrative and legal services, which failed to protect a woman 
sold into slavery.  The Court fined the Government of Niger 10 
million CFA ($20,000) in damages for the victim.  The Government of 
Niger stated that it would abide by the ruling, and authorized 
payment of the 10 million CFA. 
 
According to the ANDDH study, law enforcement authorities 
continually cite the lack of clear legislation banning trafficking 
in persons.  Nonetheless, immigration authorities have interrogated 
smugglers about their potential involvement with transporting human 
beings. 
 
¶F. During this reporting period, the GON continued to seek 
opportunities to train its law enforcement officers on TIP, TIP 
victim, and perpetrator identification, and relevant legislation and 
treaty commitments.  On June 19-20, the ILO organized a training 
session for the National Commission Against Forced Labor and 
Discrimination.  The workshop was aimed at strengthening the 
capacities of this body, and included a presentation on the social 
 
NIAMEY 00000099  005 OF 009 
 
 
insertion of slavery practices' victims.  On June 25-26, the ILO 
held a similar session on behalf of judges, lawyers, and bailiffs. 
 
On November 25-27, the Government of Niger, with support from French 
Cooperation, hosted a regional seminar on terrorism and trafficking, 
including trafficking in persons.  One of the workshops focused on 
training law enforcement trainers on prosecution, special 
investigation techniques, witness protection, and international 
cooperation in the fight against trafficking. 
 
During the year, in Ayorou, Tillabery Region, the Ministry of Civil 
Service and Labor and the ILO's International Programme on the 
Elimination of Child Labor (IPEC) organized a workshop to sensitize 
and train judges, traditional chiefs, members of the CNDHLF, and 
members of the Youth Parliament on the issue of child labor and 
trafficking.  On July 1-4, 2008, the Minister of Women's Promotion 
and Children's Protection chaired a regional training workshop for 
journalists from nine countries on child labor and trafficking. 
 
¶G. For investigative and prosecution cases, Niger cooperates with 
Interpol.  Niger also conducts joint cross-border patrols with 
Nigeria, Chad, Mali, and Burkina Faso with the objective of reducing 
criminal activity along its porous borders.  During the year, the 
GON cooperated with the governments of Mali and Benin in 
investigating and prosecuting several child trafficking cases.  In 
December 2006, Niger and Nigeria prepared a bilateral agreement on 
child trafficking and child exploitation, which is awaiting 
signature. 
 
¶H. Extradition occurs, but Post is aware of no instances in which a 
foreign country has sought extradition of a Nigerien national on 
charges related to trafficking in persons.  Likewise, Niger has not, 
to Post's knowledge, requested extradition of a foreign citizen on 
TIP-related charges. 
 
¶I. There is no evidence of government involvement in or tolerance of 
trafficking in Niger. 
 
¶J. No GON officials have been accused of or charged with 
trafficking. 
 
¶K. Prostitution is not criminalized specifically, and there was no 
precise age of consent; however, the law prohibits "indecent" acts 
toward minors.  It was left to a judge to determine what constituted 
an indecent act.  Such activity and a corollary statute against "the 
incitement of minors to wrongdoing" were punishable by three to five 
years in prison.  The Penal Code specifically punishes 
operating/owning a brothel, pimping, the soliciting a prostitute, or 
a prostitute's soliciting of a client, and related activities by six 
months to three years imprisonment and a fine of CFA 50,000 to 
5,000,000 ($100 to $10,000). 
 
¶L. There were no known cases of Nigerien nationals deployed abroad 
for peacekeeping missions who have engaged in severe forms of 
trafficking or in exploiting victims of such trafficking. 
 
¶M. Niger does not have an identified child sex tourism problem. 
 
¶6. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
¶A. Local police and prosecutors ensured that rescued trafficking 
victims (nationals and foreign) were handed over to a local NGO for 
rehabilitation.  The Government of Niger also worked with foreign 
countries' embassies and consulates to ensure that consular access 
was provided to their citizens who are TIP victims in Niger. 
 
¶B. The Ministry of Women's Promotion and Child Protection provides 
limited social services to victims.  In February, the village chief 
of Nobi, Tahoua region, handed over to Timidria 20 persons rescued 
from caste-based servitude. Timidria intends to carry out a project 
in order to support the socio-economic reinsertion of these persons. 
The project will provide beneficiaries with small cash and in-kind 
support to conduct revenue-generating activities including 
handicrafts and livestock-raising.  During the year, RDM Tanafili, a 
local NGO, with support from local authorities, rescued and assisted 
six families of former slaves (40 persons) in purchasing land from 
their former masters in Tajae, Tahoua Region.  The NGO was expected 
to sponsor the families for one year by providing them with food, 
livestock to start a new life, and education for the children. 
 
¶C. The Government of Niger provided some services for trafficking 
victims, including basic health care and assistance in returning to 
their home villages.  The regional government of Agadez has a 
"welcome committee," which consisted of police and local 
administrative officials to assist illegal immigrants expelled from 
North Africa to return to their countries or regions of origin. 
While no reliable statistics on these persons were available, many 
 
NIAMEY 00000099  006 OF 009 
 
 
may well have been victims of human trafficking.  The Government of 
Niger also supported the efforts of NGOs and international 
organizations in providing food, temporary shelter, and primary 
health care to victims of trafficking. 
 
During the year, the Government of Niger undertook several 
initiatives to assist trafficking victims.  Local authorities 
assisted UNICEF and a local NGO partner to identify and rehabilitate 
child victims of TIP in Agadez region.  Local police and prosecutors 
arrested and prosecuted traffickers identified by the project, and 
ensured that rescued victims were handed over to a local NGO for 
rehabilitation.  A total 37 children were placed in rehabilitation 
centers. 
 
In 2007 the GON and EPAD (a local NGO) hosted the opening of a 
U.S.-funded welcome and transit center for child victims of 
trafficking in Makalondi.  During this reporting period, the center, 
in cooperation with Nigerien police and international organizations, 
has rescued, rehabilitated, and returned to their families 44 
children victims of trafficking from Mali and Niger. 
 
¶D. Due to serious resource constraints, the Government of Niger does 
not provide funding or other forms of support to foreign or domestic 
NGOs for services to victims. 
 
¶E. The GON has a witness protection program but no shelters to 
protect victims and witnesses.  Police commonly refer TIP victims, 
including children, to local or international NGOs for attention 
after they have been identified or have sought police assistance. 
In past instances, the GON has repatriated foreign TIP victims in 
cooperation with the consular offices of the source country's 
diplomatic mission. 
 
¶F. The GON has no screening or referral process in place to transfer 
victims.  However, local and international NGOs, such as the 
Nigerien Red Cross and Red Crescent, AFETEN, EPAD, and CARITAS, 
provide temporary support to victims as needed, and GON police, as a 
matter of practice, tended to refer victims they encountered to 
these organizations. 
 
¶G. During the year, local authorities assisted UNICEF and a local 
NGO partner in identifying and rehabilitating child victims of 
trafficking in Agadez.  Police and prosecutors arrested and 
prosecuted traffickers identified by the project, and ensured that 
rescued victims were handed over to a local NGO for rehabilitation. 
In October, officials rescued 37 child trafficking victims; they 
were rehabilitated in the city of Agadez, including the receipt of 
counseling and support to return home and start a business for older 
children, and return to their parents' custody for younger ones. 
 
On October 23, police in Gaya arrested a man when he could not prove 
his relationship to several children with whom he was travelling. 
The police handed over the children to the district of Gaya's Office 
of Women's Promotion and Children's Protection.  During the same 
period, the office also handed over to the Benin border police 11 
young girls presumed to be victims of trafficking. 
 
On December 19, a local NGO, acting with support from law 
enforcement authorities, apprehended a Malian marabout suspected of 
trafficking 11 children (seven Malians and four Nigeriens).  On 
January 15, law enforcement authorities assisted this NGO in 
apprehending 2 Malian marabouts suspected of trafficking 22 Malian 
children.  At year's end, the suspected traffickers were in 
detention, and the children were returned to their families. 
 
On February 16, 2009, Niamey police referred to EPAD a young woman 
suspected victim of trafficking.  The woman was 14 years old and 
attending middle school in Maradi in 1998 when a Togolese teacher 
lured her to travel with him to Togo, where he managed to obtain 
false identity documents for her, married her, and had two children 
with her.  Following her parents' complaint, Nigerien and Togolese 
law enforcement authorities found her after joint investigations. 
According to the woman's parents, Togolese law enforcement 
authorities kept custody of the children but did not indict the 
suspected trafficker.  The woman and her parents had sought EPAD's 
assistance in taking legal action with the ECOWAS Court of Justice 
in order to claim custody of her two children, who are four and two 
years old. 
 
¶H. Through cooperation with NGOs and IOs, the GON ensured that 
police and border security officials have received specialized 
training in TIP victim identification and assistance, with a special 
focus on children.  Officials have also been trained to ask for the 
regional ECOWAS-sanctioned authorization certificate when children 
cross borders without their parents. 
 
¶I. There is no evidence to suggest that TIP victims have ever been 
 
NIAMEY 00000099  007 OF 009 
 
 
treated as criminals, rather than as victims who merit assistance or 
repatriation.  In all prior cases in which TIP victims were 
identified and handled by the GON, their rights were respected, to 
Post's knowledge. 
 
¶J. Under the anti-slavery provisions of the new Penal Code, the GON 
encourages victims and witnesses to report incidents of slavery and 
related practices.  Victims of forced labor practices, or 
traditional forms of caste-based servitude, may file both criminal 
and civil suits against perpetrators.  Alternatively, NGOs may file 
such suits on their behalf.  In practice, NGOs such as Timidria 
assist victims in filing lawsuits and seeking legal action against 
former "masters."  There were no known attempts to impede victim 
access to such legal redress.  In practice, victims' ignorance, lack 
of resources to retain an attorney, and fear of reprisal may impede 
their full participation in a case.  There was no formal victim 
restitution program, though plaintiffs in slavery cases could be 
awarded financial damages as a consequence of their suits. 
 
¶K. Through cooperation with NGOs and IOs, the GON ensured that 
police and border security officials have received specialized 
training in TIP victim identification and assistance, with a special 
focus on children.  Officials have also been trained to ask for the 
regional ECOWAS-sanctioned authorization certificate when children 
cross borders without their parents.  The GON provides no training 
on TIP to its embassies and consulates abroad, nor is there any 
evidence that they maintain the necessary arrangements with NGOs 
abroad to assist their nationals in such cases. 
 
¶L. The Ministry of the Interior (MOI) has a program to welcome and 
shelter (for short periods of approximately one week) Nigeriens who 
have been repatriated from North Africa, Cote D'Ivoire, and Saudi 
Arabia.  While no medical attention is given, MOI officials 
interview the returned persons to determine the circumstances of 
their situations.  The GON then helps the deportees to return to 
their homes in Niger. 
 
¶M. Timidria, EPAD, RDM, and CARITAS all work with victims of TIP. 
Timidria former has long worked with victims of traditional 
caste-based servitude by providing food, shelter, health care, and 
legal and job counseling, and has begun recently to sensitize 
Nigeriens on TIP issues more broadly.  The other organizations are 
involved in victim identification, assistance, and rehabilitation. 
Timidria's efforts to bring slaveholders to justice have been 
supported by GON prosecutors and judges, while the latter NGOs all 
cooperate with relevant government ministries and local authorities, 
who support their efforts by various means, including victim 
identification and referrals. 
 
¶7. (SBU) PREVENTION: 
 
¶A. During the reporting period, the Government of Niger conducted 
several anti-trafficking information and education campaigns.  The 
GON continued its awareness campaigns condemning child abuse; these 
included anti-trafficking elements.  Senior GON officials made 
remarks at the openings of training sessions on TIP, and Government 
media covered the events, making them a tool for enhanced public 
awareness of TIP. 
 
Since May 2008, a USG-funded television skit with a local NGO had 
been on air before and/or after major news broadcasts on private and 
state television in French and local languages.  The projection of 
the skit provided broad coverage around the country on child 
trafficking. 
 
On March 22, 2008, the French Cultural Center hosted the official 
unveiling of two books on slavery in Africa, one on Niger 
specifically, at which the Minister of Justice was a keynote 
speaker.  The event received wide media coverage. 
 
In 2008 in Ayorou, Tillabery Region, the Ministry of Civil Service 
and Labor and the ILO's International Programme on the Elimination 
of Child Labor (IPEC) organized a workshop to sensitize and train 
judges, traditional chiefs, members of the CNDHLF, and members of 
the Youth Parliament on the issue of child labor and trafficking. 
On July 1-4, 2008, the Minister of Women's Promotion and Children's 
Protection chaired a regional training workshop for journalists from 
nine countries on child labor and trafficking.  On December 29, 
2008, the second ordinary session of Niger's Youth Parliament 
focused on calling the GON's and public attention on children's 
rights with regard to situations such as child labor, begging, and 
prostitution. 
 
On July 11, 2008, the National Commission on Human Rights and 
Fundamental Liberties (CNDHLF) released its study on forced labor, 
child labor, and slavery, which stemmed from an analysis initiated 
in 2007. 
 
NIAMEY 00000099  008 OF 009 
 
 
 
- According to the CNDHLF survey, 35 percent of the 26 local 
government officials (governors and prefets); 34 percent of the 125 
members of parliament, mayors, and local council members; 75 percent 
of the 24 judges; 37 percent of the 99 traditional chiefs; 59 
percent of the 26 law enforcement agents (police and gendarmerie 
officers); 70 percent of the 37 civil society representatives, 41 
percent of the 325 trade workers, 40 percent of the 80 religious 
leaders, 38 percent of the 236 other citizens, 54 percent of the 10 
media people, and 40 percent of the 52 people considered as victims 
interviewed recognize the existence of slavery practices. 
Concerning forced labor, 15 percent of the 26 local government 
officials (governors and prefets); 54 percent of the 123 members of 
parliament, mayors, and local council members; 67 percent of the 24 
judges; 28 percent of the 102 traditional chiefs; 57 percent of the 
28 law enforcement agents (police and gendarmerie officers); 75 
percent of the 27 civil society representatives, 39 percent of the 
351 trade workers, 45 percent of the 87 religious leaders, 47 
percent of the 232 other citizens, 75 percent of the 8 media people, 
and 80 percent of the 5 labor inspectors interviewed recognize the 
existence of this practice. 
 
¶B. Yes, though on a somewhat ad hoc basis, and evidence of GON 
successes in this regard are anecdotal.  Working level contacts 
within the GON's Border Police have reported denying entry 
repeatedly to suspected traffickers and trafficking victims.  This 
is particularly true of children who attempt to enter Niger without 
proper ECOWAS travel documentation or who seem to be in a suspicious 
relationship with their adult traveling companions. However, the GON 
has not always kept reliable statistics on this, nor have 
working-level officers always reported turnarounds to welcome and 
transition centers, or clearly identified such cases as incidences 
of TIP.  Moreover, the level of investigation into any given case is 
likely to be minimal.  Therefore, while these actions have probably 
deterred some TIP, they have done little to further understanding of 
the nature of the phenomenon on the part of either the GON or Post. 
 
 
The GON is participating in a joint effort with the International 
Organization for Migration (IOM) to raise awareness on the dangers 
of irregular migration and trafficking in order to better prevent 
it.  The GON and the IOM launched an information campaign in August 
2008 aimed at raising awareness on the dangers of irregular 
migration and trafficking in order to better prevent it.  The 
project will assist with capacity building and provide migration 
officers in Niger and Libya with adequate equipment and logistics. 
It will provide technical assistance in strengthening travel 
documents.  The project will also work for the voluntary return and 
reintegration of migrants in distress. 
 
¶C. Reports from both the GON and from NGOs indicate that there is a 
cooperative spirit among key GON, NGO, and other relevant actors 
focusing on TIP issues.  With the creation of the National 
Commission Against Forced Labor and Discrimination, that partnership 
appears to have become stronger and more formal.  The Commission 
includes representatives of human rights NGOs such as Timidria and 
senior GON personnel.  The GON's formal acknowledgement that 
traditional slavery exists, and is a problem to be confronted, 
likewise demonstrates a move toward the NGO position on these 
issues.  Post contacts in the NGO community and civil society report 
that the GON is open to their perspectives on TIP, has included them 
in all discussions of TIP and related policy, and takes action on 
TIP issues when resources allow. 
 
¶D. To date, there is only a draft National Plan to Combat TIP.  In 
2007, the Ministry of Justice transmitted a draft TIP law to the 
Prime Minister's Office for review before its submission to the 
Council of Ministers and to the National Assembly.  At year's end 
the draft was with the Secretary General of the Government's office 
in the Presidency. 
 
The GON has created a inter-ministerial Commission for the 
Coordination of the Fight Against Trafficking in Persons to serve as 
the nodal agency for work on TIP.  In 2006, the GON created a 
National Commission Against Forced Labor and Discrimination, which 
includes representatives of the Ministry of Civil Service and Labor, 
the ILO, civil society, labor unions, and traditional chiefs.  The 
GON has also set up a national anti-corruption committee and there 
are laws in the Penal Code and articles in the Constitution that 
specifically prohibit corrupt activities. 
 
The GON, through the Ministry of Civil Service and Labor and the 
Ministry of National Education, is collaborating with the U.S. 
Department of Labor on a program to combat exploitive child labor 
through the integration of child laborers into the public education 
system.  In January 2006, Libya and Niger signed a bilateral 
cooperation agreement to address illegal migration and organized 
 
NIAMEY 00000099  009 OF 009 
 
 
crime.  In December 2006, Nigeria and Niger prepared a bilateral 
memorandum of agreement on cooperation to prevent, suppress, and 
punish trafficking in persons, especially women and children.  The 
agreement had not been signed at the end of the reporting period. 
 
¶E. The Government of Niger enforces, when applicable, the provisions 
of the Penal Code that specifically punish operating/owning a 
brothel, pimping, the soliciting a prostitute, or a prostitute's 
soliciting of a client, and related activities.  The provision of 
the Penal Code described in para B above also applies to trafficking 
for commercial sexual exploitation.  The Penal Code also 
criminalizes the procurement of a minor for the purpose of 
prostitution. 
 
In 2006, the Government of Niger adopted a national action plan to 
combat the sexual exploitation of children.  In line with the 
implementation of the action plan, the Ministry of Women's Promotion 
and Child Protection, UNICEF, and the Group of Nigerien NGOs 
Fighting Against the Sexual Exploitation of Children in Niger 
(GNCESE) worked with the Ministry to conduct sensitization and 
education activities on the sexual exploitation of children. 
 
¶F. See above paragraph. 
 
¶G. On February 2, the National Assembly passed a bill revising the 
by-laws governing armed forces and gendarmerie personnel.  One of 
the provisions aimed at "filling the gap concerning the judicial 
protection of the military in order to allow them to efficiently 
carry out their mission in the context of the rule of law, the 
demands of the civilian population, and the requirements of 
international missions under UN mandate."  The bill provides for 
respect for human rights, including those ensuring that Nigeriens 
who are deployed abroad as part of peacekeeping and other similar 
operations do not engage in or facilitate severe forms of 
trafficking or exploit victims of such trafficking. 
 
¶8. (SBU) Post's contact on TIP-related matters is Economic/Consular 
Officer Karan E. Swaner, telephone 011-227-72-26-61 x4149, fax 
011-227-72-31-46, e-mail SwanerKE@state.gov. 
 
¶9. (SBU) The number of hours spent per embassy officer and 
respective ranks in the preparation of this report are as follows: 
 
- Political Specialist, Grade:  FSN-10/11, 25 hours 
- Ambassador, Grade:  FE-MC, 3 hours 
- Economic/Consular Officer, Grade:  FS-04, 1 hour 
- Deputy Chief of Mission, Grade:  FS-01, 5 hours 
- USAID Country Program Manager:  USPSC, 1 hour 
- Regional Security Officer, Grade:  FS-03, 1 hour 
ALLEN