Niger’s law on the interception of certain electronic communications: AfricTivistes condemns its adoption and calls for a second deliberation

On Friday 29 May 2020, the National Assembly of Niger adopted the law on “the interception of certain communications transmitted electronically”. AfricTivistes considers this law a threat to individual freedoms in Niger.

As far back as June 2019, the adoption of the Cybercrime Law contributed to the ongoing repression of citizens and the violation of their fundamental freedoms. Since its adoption, at least ten activists in Niger have been targeted and unjustly imprisoned between April and March 2020. Some were arrested after their private electronic communications were intercepted.

The parliamentary opposition boycotted the session held on 29 May to examine and vote on the law. In its view, the law deprives “Nigeriens and those living in Niger of any privacy in their communications” and gives the executive free rein to subject communications to total surveillance for reasons other than security or counter-terrorism.

The law on the interception of certain electronic communications violates Article 29 of Niger’s Constitution, which states in essence: “The privacy of correspondence and communications is inviolable. It may be breached only under the conditions and in the manner prescribed by law, on pain of sanctions.”

AfricTivistes reminds the Nigerien authorities that both laws adopted recently—in June 2019 and on 29 May 2020—violate the foundations of democracy, including the rights to freedom of expression and opinion, as well as the privacy of correspondence and communications guaranteed by Niger’s Constitution.

AfricTivistes is also deeply concerned that the adoption of this new law, which could open the door to abuses, will lead to more cyber-activists, journalists and civil society members being arrested.

For some time, under the Cybercrime Law, cyber-activists and members of Nigerien civil society have been held in police custody, often beyond the legal time limit, before being brought before the public prosecutor or remanded in custody pending trial. Many have been arrested for nothing more than posts on social media.

• AfricTivistes firmly condemns the adoption of this repressive law, which contravenes Niger’s Constitution.
• AfricTivistes recognises that states have a duty to combat insecurity, organised crime and terrorism. However, it stresses that security must be ensured and terrorism combated with full respect for human rights. Laws must not be used to silence dissenting views expressed by civil society or ordinary citizens.
• AfricTivistes calls on the President of the Republic, Mr Mahamadou Issoufou, not to promulgate this repressive law, which contravenes Niger’s Constitution, the African Charter on Human and Peoples’ Rights and international standards.

If the law is promulgated, AfricTivistes calls on the President of Niger to submit a reasoned request to the National Assembly for a second deliberation, as permitted under Article 47 of the Constitution, with a view to removing or amending Articles 2 and 16 of the law.

Article 2 lists “the persons, all members of the executive, who may request the interception of communications”.

Article 16 sets out the seven members of the National Commission for the Control of Security Interceptions (CNCIS): one judge appointed by the President of the Republic; two MPs appointed by the President of the National Assembly; one judge from the Council of State appointed by the Prime Minister; one police officer appointed by the Minister of the Interior; one gendarmerie officer appointed by the Minister of Defence; and one judge from the State Court appointed by the Minister of Justice.

Apart from the two MPs appointed by the President of the National Assembly, all the other CNCIS members are appointed by the executive.