Niger recently took an important decision by signing a decree aimed at revoking a controversial law dating from 2015. This law was put in place with the aim of curbing the trafficking of migrants transiting through the country to reach Europe, through a key migratory route. This decision was announced by the head of the ruling junta, General Abdourahmane Tchiani, in a decree dated November 25.
According to this decree, all convictions handed down under this law will be annulled. The secretary general of the Ministry of Justice, Ibrahim Jean Etienne, clarified in a circular that all individuals convicted under this law would be considered for possible release.
The Agadez region of Niger is a gateway for West Africa to the Sahara and has played an important role both for Africans trying to reach Europe via Libya and the Mediterranean and for those who return home with the help of the United Nations. Unfortunately, the popularity of this route has also made it a source of income for smugglers.
The 2015 law, developed in collaboration between the Nigerien government and the European Union, aimed to stop the flow estimated at 4,000 undocumented migrants per week. This law allowed security forces and courts to prosecute smugglers, who faced up to five years in prison if convicted.
Although this law has transformed Niger into a migration hub, sheltering thousands of migrants returned to their countries, the United Nations Human Rights Office has also highlighted that it has led migrants to borrow increasingly dangerous migration routes, leading to increased risks of human rights violations.
The revocation of this law, which came a few months after the July 26 coup which overthrew President Mohamed Bazoum, will only accentuate the growing political tensions between the West African country and the countries of the EU.
Western and European countries imposed heavy sanctions on Niger in response to the coup, but instead of deterring the junta’s leaders, these sanctions led to economic hardship for Nigeriens.
However, it should be noted that this decision to revoke the law raises questions and concerns about the impact on the fight against migrant smuggling. It is essential for Niger to put in place effective alternative measures to fight this scourge and protect the rights of migrants. Cooperation between Niger, the EU and other international actors will be crucial to finding lasting solutions to this complex problem.