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In a historic first, a former slave is bringing a case against
the State of Niger before the Economic Community of West African
States (ECOWAS) Community Court of Justice in Niamey on 7 April
2008, on the grounds that Niger has failed to implement laws against
slavery.
Despite the criminalisation of slavery in 2003, the Government
of Niger is accused of not only failing to protect Hadijatou Mani
from the practise of slavery, but also continuing to legitimise
this practise through its customary law, which is discriminatory
towards women and in direct conflict with its own criminal code
and constitution.
Hadijatou was sold into slavery when she was 12 years old. She
was purchased for £250 and carried out domestic and agricultural
work. She also lived as a sexual slave or sadaka to her master,
who already had four wives and seven other sadaka. Hadijatou
served her master and his family for 10 years. She was never paid
for her work and lived in a state of complete submission to her
master, being subjected to regular beatings and sexual violence.
Her circumstances fall squarely within the longstanding internationally
accepted definition of slavery as: "The status or condition
of a person over whom any or all of the powers attaching to the
right of ownership are exercised" (UN Slavery Convention
1926).
In 2005, her master released her - providing a 'liberation' certificate
- with the intention of legalising his 'relationship' with her.
But when Hadijatou decided to take her newfound freedom and leave,
he refused to let her go, arguing that she was in fact his wife.
She appealed to a local tribunal which found that there had been
no marriage between them, and that therefore she was free. Hadijatou
then married a man she had freely chosen but her former master brought
a complaint against her for bigamy. In a retrial, the judge ruled
in the master's favour and she was sentenced to six months imprisonment.
Local lawyers are being assisted by the International Centre for
Legal Protection of Human Rights (INTERIGHTS), with support from
Anti-Slavery International and Timidria. Hadijatou is seeking redress
from the ECOWAS Court of Justice on the grounds that Niger has violated
its obligations under the African Charter of Human and Peoples'
Rights, the International Covenant of Civil and Political Rights,
the Convention for the Elimination of All Forms of Discrimination
Against Women, the African Charter on the Rights and Welfare of
the Child, the Slavery Convention and the Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery, all of which Niger has ratified, and
domestic law.
At least 43,000 people are in slavery across Niger. They are born
into an established slave class and are made to do all labour required
by their masters without pay, including herding and cleaning. Slaves
are inherited, given as gifts and can have their children taken
away from their mothers at an early age. They are denied all rights
and choice.
A positive ruling in this case would set a legal precedent with
respect to protection from slavery and, as ECOWAS Court decisions
are applicable to all its Member States, the outcome could have
a wide-ranging impact on slavery and human rights issues beyond
Niger. Such a ruling would send a message that the long-standing
legal prohibition on slavery must be translated into practice and
would clarify the practical nature of States' obligations to eradicate
slavery.
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