Geneva 16 - 20 June 2003

This submission is being made on behalf of Anti-Slavery International and the Timidria Association, a non-governmental organisation working against slavery in Niger.

In Niger, birth continues to impose a slave status on different ethnic groups whereby they are expected to work without pay for their traditional masters, primarily as herders of livestock, agricultural labourers or domestic servants.

During 2002 and 2003, Timidria carried out extensive research in order to provide empirical information regarding the scale and nature of slavery in Niger. The research consisted of interviews with 11,001 people who the organisation identified as coming from this "slave caste". The interviews were conducted in six regions of Niger: Agadez, Tahoua, Maradi, Zinder, Tillabery and Dosso.

The research showed that those interviewed were able to identify individuals by name as their masters. Those interviewed generally worked directly for their master in exchange for minimal amounts of food and a place to sleep, which would typically be a shelter that they had built themselves. Some of those interviewed worked elsewhere and their masters would take the money they earned.

The level of control which the traditional masters exercise over people from this slave caste is clearly seen in the answers given to two questions on the interview form. Firstly, in response to a question asking who makes the decision on your marriage, 84 per cent of those who responded (8,310 people) said that their master was solely responsible for the decision. The remainder (1,626 people) either identified their parents or their parents and their master as being responsible for taking a decision on their marriage.

A similar response was obtained from a question asking about the education of their children. Of those who responded to this question, 82 per cent (6,103 people) replied that that their master was solely responsible for the decision on whether their children attended school.

The survey also revealed that many of those interviewed had been subjected to torture and other forms of humiliating treatment and punishments, including serious physical harm, threats, arbitrary detention and forced separation of married couples.

Signs, such as the wearing of particular ankle bracelets, are used to identify those of a slave caste as being distinct from the general population. In this way those born into the slave caste are constantly subjected to social discrimination and it is extremely difficult for them to move beyond their given status, for example in terms of work or marriage. Overt violence or coercion are not always required in order to ensure that slaves continue to function within the traditional social structures, which prescribe them a subordinate status. Social conditioning, societal pressure, lack of education or a perceived lack of alternatives may be sufficient to retain control over the individual.

The 1926 Slavery Convention defines slavery as "the status or condition of a person over whom any or all of the powers attaching to the rights of ownership are exercised." Clearly, the vast majority of the 11,001 people interviewed are slaves under this definition as they have identified someone as their master and that person is in a position to demand their labour for no pay and decide whether or not they go to school and who they marry.

Furthermore, it must be stressed that that the survey is not an exhaustive study of all those who are in slavery in these particular regions or in the country as a whole. Thus this research provides us with a baseline of the minimum number of people exposed to this contemporary form of slavery in Niger. Timidria estimates that the total number of people who can be considered slaves nationally would be several times this figure.

The Government of Niger has responded positively to this problem by recognising the need to take action. Consequently, in May 2003, the legislative assembly approved changes to the Penal Code which prohibits and punishes slavery, with a maximum penalty of 30 years in prison. This is a welcome and necessary first step. However, the challenge will now be to ensure that the law is properly implemented. With this in mind we would like to make the following recommendations:

1. That the Government of Niger establishes a committee made up of representatives from the Government, the National Human Rights Committee and non-governmental organisations, which will develop an action plan to release and rehabilitate all those living in conditions of slavery. This action plan should include public information campaigns regarding the new law, access to education programmes and the provision of economic alternatives to former slaves.
   
   
2. That the Government of Niger submits regular reports to the National Human Rights Committee on progress made in implementing the law, including training of officials, awareness raising initiatives and the number of people charged and successfully prosecuted under the new law.
   
   
3. That other governments in the region ensure that appropriate laws to prohibit and punish slavery exist in their countries and are properly enforced.