Niger’s New Counterterrorism Ordinance Risks Violating Fundamental Human Rights

“Under this counterterrorism order, people can be labeled as suspects based on vague and unreliable criteria, without solid evidence,” said Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch.

Human Rights Watch has criticized Niger's newly established database of terrorism suspects, warning that it could undermine fundamental rights enshrined in both national and international law. Signed into effect by General Abdourahamane Tiani on August 27, 2024, the ordinance allows the creation of a database containing personal information on individuals or groups suspected of terrorism. However, critics argue that the criteria for inclusion are overly broad, raising concerns about due process, privacy, and freedom of expression.

The ordinance, known as Order No. 2024-43, has been defended by the Nigerian government as being consistent with both the national penal code and international counterterrorism frameworks, such as United Nations Security Council Resolution 1373. However, Human Rights Watch argues that the vague terms used to define terrorist activities and public order disruptions could lead to widespread abuses.

“Under this counterterrorism order, people can be labeled as suspects based on vague and unreliable criteria, without solid evidence,” said Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. “The government should suspend this database until its terms align with international human rights standards.”

Concerns have been heightened by Niger's recent political context. Following the coup in July 2023, the military-led government has suppressed opposition, arrested former President Mohamed Bazoum, and curtailed media freedom. The risk of the new ordinance being used to target political opponents or ethnic minorities, such as the Fulani, is substantial, given past government actions against this group during counterinsurgency operations.

Inclusion in the database carries serious consequences, such as travel restrictions, frozen assets, and the risk of being stripped of nationality. Since Niger is a signatory to the UN Convention on the Reduction of Statelessness, the potential loss of citizenship, especially when it leads to statelessness, is a direct violation of international law.

Human Rights Watch also raised concerns about the lack of safeguards in the ordinance. Individuals listed in the database are not notified or given the opportunity to contest their inclusion. This lack of transparency denies them a meaningful way to seek redress, leaving many vulnerable to indefinite scrutiny.

Beyond procedural concerns, the ordinance also threatens the right to privacy. The provisions allow for extensive data collection, storage, and sharing of personal information with few restrictions. This raises alarms under international privacy standards, including those outlined by the African Commission on Human and Peoples’ Rights.

“The counterterrorism ordinance sets up a secretive watch list system that risks overshadowing the real security threats facing Niger,” Allegrozzi warned. “Effective security measures should work alongside respect for human rights, not undermine them.”

Despite repeated requests from Human Rights Watch for clarification, Niger’s authorities have yet to respond. Rights advocates are urging the government to halt the program and revise its terms to better protect civil liberties while addressing legitimate security concerns.