Prior to 26 July 2023, Niger had only minor compliance issues with the UNCAC. The UNCAC establishes obligations for governments with regard to preventive measures in different public sectors,.iIt also provides for punitive measures for behavior considered as bribery or illicit enrichment of a public official. It has also has provisions regarding international cooperation between law enforcement authorities, asset recovery, technical assistance, and mechanisms for implementation. The Implementation Review Mechanism (IRM) is a peer review process that assists Sstates parties to effectively implement the Convention. For Niger, the latest review was conducted by the UNODC experts in 2016, resulting in a report, whose the executive summary is public and was published online [1]. According to the document, Niger complied with most of the obligations in priority areas covered by the convention: “In general, Niger has undertaken substantial efforts of reform aimed at implementing the provisions of the Convention. The drafting of a bill containing relevant amendments to the Criminal Code on combating corruption is particularly noteworthy. This bill was submitted during the country review and has proved to be in full compliance with the Convention. Its adoption will provide a response to the comments made below concerning challenges in implementation. Furthermore, the establishment of HALCIA and the Information and Verification Office of the Ministry of Justice have been highlighted, as well as preventative and awareness-raising initiatives on the scourge of corruption. Effective inter-agency coordination and cooperation at a national level has also enabled various authorities involved in the fight against corruption to define their roles and actions more clearly” [1].
The document of the reviewing countries (Russia and Mauritius) received by UNCAC following the verbal note of Note Verbale CU 2023/247/(A) of 19 July 2023 explains that the implementation of Chapters III and IV of the United Nations Convention Against Corruption in Niger demonstrates progress in both legal reforms and international cooperation mechanisms. The document underscores the following progress achieved through 2016-2017. In terms of incrimination, Niger revised its Penal Code under Law No. 2017-10 of March 31, 2017, to expand the scope of corruption-related offenses. This includes provisions penalizing corruption involving national public officials (Article 130), foreign officials and international civil servants (Article 130.1), and private sector corruption (Article 130.2), with penalties ranging from 2 to 10 years of imprisonment. Concurrently, reforms to the Criminal Procedure Code introduced extended statutes of limitations, with corruption-related misdemeanors now prosecutable within 10 years (previously 3 years) and felonies within 20 years (previously 10 years). Sentencing limits were also increased, allowing 15 years for misdemeanors (previously 5 years) and 30 years for felonies (previously 20 years). Additionally, confiscation of proceeds from corruption has been codified as a complementary penalty. Regarding international cooperation, Niger has strengthened its framework for extradition and judicial assistance. Under Article 649.1 of Law No. 2016-21 of June 16, 2016, extradition no longer requires formal agreements, relying instead on reciprocity, international courtesy, or guarantees from requesting states. Judicial assistance, outlined in Article 649.48, facilitates cooperation through flexible means, including accepting verbal requests in emergencies (confirmed within 24 hours in writing), and transmitting requests via email, Interpol, or judicial networks. Niger’s Ministry of Justice serves as the central authority, coordinating with states, the International Criminal Court, and Interpol. These measures reflect Niger’s commitment to addressing corruption comprehensively and fostering effective international collaboration [2]. The review cycle of cChapters II and V of the Convention has not begaun, wthileough it was supposed to begin in 2020 [3].
Despite the underscored progress, there aris little few evidences of other progresses achieved since that review transmitted by Russia and Mauritius in 2023.
Among the challenges identified by the UNODC 2016 review,ais the need for better law reinforcement was needed. The Niger government adopted the anti-corruption bill on December 6, 2016 and HALCIA has become a more aeffective in the identification and seizure of assets through 2017-early 2018 [4]. In January 2018, the Council of Ministers adopted a decree project on the policy document regarding the National Strategy against Corruption and its Action plaNStratégie Nationale de Lutte contre la Corruption et son Plan d’Action [5]. However, since there were no subsequent legislation has since been adopted relevant to the National Strategy. In February 2020, an audit of Niger’s Ministry of Defense revealed extensive corruption and embezzlement within the military between 2014 and 2019. The findings highlighted widespread overpricing, falsified bids, and undelivered military equipment, much of which involved foreign suppliers, including Russian firms. Key figures implicated in the scandal included former defense ministers Mahamadou Karidjo and Kalla Moutari, businessmen Hima Aboubacar and Aboubacar Charfo, and General Wally Karingama. While no generals from the current military regime were directly named in the audit, General Salifou Mody, now the regime’s second-in-command, served as Chief of Staff from 2020 until April 2023, when President Bazoum replaced him in this role [6]. The United Nations Convention Against Corruption (UNCAC) has driven notable progress in Niger’s legislative and institutional frameworks for combating corruption. However, despite the promise of initial reforms, the lack of subsequent legislative advancements highlights persistent gaps and the need for sustained efforts to ensure full compliance with UNCAC provisions.