Legal instruments for the protection of the rights of migrants
As a migrant, in transit in Niger, you should know that there are several laws and legal instruments that guarantee you rights.
In this article we accompany you through all these legal instruments to understand your rights during your stay in Niger.
What is the legal framework for migration?
The legal framework for migration is the set of national and international instruments adopted and ratified by a State to frame and regulate migration. Niger has adopted a number of legal texts and is a party to several instruments (international conventions) that apply to the migration framework. These laws and instruments protect mankind and provide for sanctions for violations of certain rights.
A few International laws and conventions that protect the rights of migrants :
- Law 2015-36 on the suppression of the smuggling of migrants
- Ordinance No. 2010-86 of 16 December 2010 on combating trafficking of persons
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Additional Protocol to Prevent, Suppress and Punish Trafficking of Persons, Especially Women and Children
- Protocol against the Smuggling of Migrants by Land, Sea and Air.
Did a migrant have the same rights as an indigenous person ?
- Right to non-discrimination: No discrimination based solely on race, colour, sex, language, religion, or social origin shall be tolerated. (Articles 3 and 4 of the "International Covenant on Civil and Political Rights" which you can find at the end of the article).
On the basis of the interpretation of these articles, the migrant must in no way be subjected to any discrimination on the grounds mentioned above. This gives him the same civil and political rights.
As a migrant in Agadez, do I have the right to an equitable trial ?
- Right to a fair trial: All are equal before the courts and tribunals (Article 14 of the "International Covenant on Civil and Political Rights")
Any person charged with a criminal offence shall be presumed innocent until proved guilty according to law.
This concerns local populations as well as people in transit on the territory of the State of Niger, whether they are migrants, refugees or asylum seekers.
Moreover, the same article 14 gives everyone the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law, which shall decide either on the merits of any criminal charge against him/her or on any challenge to his or her rights and obligations in a suit at law.
Another important right to be aware of is the right to life, which must be protected regardless of the person's affiliation or nationality.
- Right to life: The right to life is inherent to mankind. This right must be protected by law. No one may be arbitrarily deprived of his life (Article 6 of the International Covenant on Civil and Political Rights).
For any questions:
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