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Niger: crackdown on justice sector unions and judicial independence under threat

Niger: crackdown on justice sector unions and judicial independence under threat

21/08/2025
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Tingey Injury Law Firm / Unsplash

The Observatory for the Protection of Human Rights Defenders, a collaborative initiative of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), strongly condemns the dissolution of five justice sector unions in Niger. These dissolutions were enacted by decrees from the Minister of Interior, Public Security, and Territorial Administration on August 7, 2025. This action was swiftly followed by the disbarment of two leading magistrates from the Autonomous Union of Magistrates of Niger (Saman) who had publicly criticized these decisions. The Observatory urges Nigerien authorities to immediately revoke these measures and uphold fundamental freedoms, including the rights to association and trade unionism, in accordance with the nation’s domestic and international commitments.

Paris, Geneva, August 21, 2025. On August 7, 2025, General Mohamed Toumba, Niger’s Minister of Interior, signed five decrees ordering the dissolution of the Autonomous Union of Magistrates of Niger (Saman), the Union of Magistrates of Niger (Uman), the National Union of Justice Agents (Snaj), the Union of Cadres and Technical Agents of the Ministry of Justice (Syncat), and the Independent Union of Magistrates of Niger (Siman). These ministerial decrees provided no stated justification for the actions.

The following day, August 8, 2025, Minister of Justice Alio Daouda announced in a press briefing that these government measures were taken due to “repeated abuses detrimental to the proper functioning of public service.” He contended that the unions had “deviated” from their roles by prioritizing “personal interests.” In response, Saman and the Niger Bar Association declared a symbolic strike for August 14 and 15, 2025, to protest the decrees.

The government allegedly based the union dissolutions on an inappropriate ordinance, thereby violating the Labour Code and the right to freedom of association recognized in Niger. According to a communiqué issued on Saturday, August 9, 2025, by the Union of Workers’ Unions of Niger (USTN), Ordinance N°84-06 of March 1, 1984, concerning the regime of associations in Niger, which served as the basis for the ministerial decrees, applies exclusively to non-profit associations and is not applicable to trade unions. Unions fall under a distinct legal framework, specifically the Labour Code of the Republic of Niger, Law N°2012-45 of September 25, 2012, and international conventions of the International Labour Organization (OIT) ratified by Niger. Lacking a proper legal foundation, these dissolutions are therefore null and void and cannot be enforced against the unions.

Magistrate union leaders who dared to speak out against these unlawful dissolutions subsequently faced severe executive sanctions. On August 14, 2025, Niger’s President, Abdourahamane Tiani, issued a presidential decree to disbar and remove Mr. Abdoul-Nasser Bagna Abdourahamane, Secretary-General of Saman, from the magistracy. This sanction followed Abdoul-Nasser Bagna Abdourahamane’s criticisms regarding the dissolution of judicial unions on August 7, 2025, and his request for a right of reply after the Justice Minister’s press briefing on August 8. On August 15, 2025, President Tiani issued another presidential decree to disbar and remove Mr. Moussa Mahamadou, Deputy Secretary-General of Saman, from the magistracy, less than 24 hours after his superior. This disbarment was a direct consequence of a union communiqué signed by Moussa Mahamadou, which condemned the sanction against the Secretary-General and called for a general strike—deemed illegal by Nigerien authorities—until his reinstatement.

The dissolution of justice sector unions raises profound concerns about the separation of powers and the independence of the judiciary, which are cornerstones of democracy. These dissolutions, enacted through administrative decisions, represent a severe infringement upon fundamental freedoms, primarily the freedom of association. This right is recognized by Article 22 of the International Covenant on Civil and Political Rights (PIDCP), to which Niger is a party, and Article 36 of Niger’s Charter of Refoundation of March 26, 2025. The Niger Bar Association has also denounced “the compromise of trade union freedom, judicial independence, freedom of expression, and even, to some extent, the right to defense.”

These measures also violate the right to trade union freedom, protected by several international commitments made by Niger. These include Articles 10 and subsequent articles of the African Charter on Human and Peoples’ Rights, Articles 21 and 22 of the PIDCP, OIT Convention N°87 on Freedom of Association and Protection of the Right to Organise, ratified by Niger in 1961, OIT Convention N°98 on the Right to Organise and Collective Bargaining, ratified by Niger in 1962, and Article 38 of Niger’s Charter of Refoundation of March 26, 2025. These texts collectively guarantee the right of workers and employers to establish organizations for the defense of their professional interests.

The Observatory observes with deep concern that these dissolution and disbarment decisions are part of a broader attempt to intimidate and silence the judiciary. Such actions occur within a context marked by a shrinking civic space and repeated violations of the fundamental rights of all dissenting voices. On numerous occasions, the rights to freedom of expression, opinion, association, assembly, and demonstration have been infringed upon, notably through arbitrary arrests and detentions of human rights defenders. Among them is Mr. Moussa Tchangari, who has been arbitrarily detained for nearly nine months, particularly after participating in a meeting of the International Committee of the Red Cross (CICR) in Abidjan, Côte d’Ivoire, and criticizing the Nigerien Minister of Interior’s decision to revoke the licenses of two humanitarian organizations.

The Observatory reiterates that the protection of trade union rights and the independence of the judiciary are fundamental pillars of the rule of law and democracy. The Observatory calls upon Nigerien authorities to promptly revoke the dissolution decrees for the five justice sector unions and to immediately reinstate Abdoul-Nasser Bagna Abdourahamane and Moussa Mahamadou into the magistracy. The Observatory condemns all forms of harassment, intimidation, or sanctions against trade unions and human rights defenders and demands full respect for freedom of association and trade unionism, in accordance with Niger’s national and international obligations.

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