Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
31a. Extent of commercial ventures
Niger score: 100/100
Defence institutions have ownership (or are believed to have ownership) of commercial businesses that are major enterprises, or constitute more than 10% of the defence budget.
Defence and security institutions have some ownership of commercial businesses, but totaling less than 10% of the defence budget.
Defence and security institutions do not own commercial businesses of any significant scale. (Equivalent to 1% of the defence budget or less.)
Neither the Constitution (1) nor the Military Penal Code (2) bans defence institutions from having beneficial ownership of commercial businesses. However, section 6, art. 129 of the Public Penal code provides for strict regulations around which public officials can be involved in private business. Sanctions range from 100 000 FCFA to 1 million FCFA and, at least, two years of imprisonment (3).
According to some sources, there have been incidents in which members of Niger’s armed forces have been involved with artisanal mining projects in the north of the country. But never on any significant scale, the equivalent of 1% of the defence budget. The assessor did not find evidence of any military involvement in private enterprises.
1. “Niger: Constitution de la VIIe République,” (Niger: Constitution of the 7th Republic) Journal Officiel de la République du Niger, 29 Novembre 2010, p. 246 à 261,”
2. “Loi n°2003-010 du 11 mars 2003, portant Code de justice militaire,” (Act no.2003-10 of 11th March 2003, setting out the Military Code of Justice), Journal Officiel de la République du Niger, n°6, May 5, 2003, pp. 357-384.
3. “Loi n° 2003-25 du 13 juin 2003 modifiant la loi n° 61-27 du 15 juillet 1961, portant
institution du Code penal,” (Law no.2003-25 of 13th June 2013 amending Act 61-27 of 15th July 1961, setting out the Penal Code), Journal Officiel de la République du Niger, n° 4, April 7, 2004.
Niger score: NA/100
These businesses are not publicly declared and are wholly non-transparent.
Only some businesses are publicly declared. Details of their operations and finances are not fully transparent.
These businesses are publicly declared, though details of their operations and finances are not transparent.
All or most ownership of commercial businesses is publicly declared. Either operations and finances are transparent, but not both.
Any ownership of commercial businesses is publicly declared, with details of their operations and finances being transparent, fully disclosed, and with standards of governance equivalent to publicly owned commercial enterprises.
No evidence was found of any military involvement in private enterprise. Interviewees agreed that this was unlikely. Therefore, this indicator has been marked Not Applicable.
Compare scores by country
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|Country||31a. Extent of commercial ventures||31b. Transparency|
|Algeria||0 / 100||25 / 100|
|Angola||0 / 100||25 / 100|
|Burkina Faso||0 / 100||0 / 100|
|Cameroon||0 / 100||0 / 100|
|Cote d'Ivoire||75 / 100||0 / 100|
|Egypt||0 / 100||25 / 100|
|Ghana||0 / 100||0 / 100|
|Jordan||0 / 100||50 / 100|
|Kuwait||100 / 100||0 / 100|
|Lebanon||50 / 100||50 / 100|
|Mali||50 / 100||50 / 100|
|Morocco||100 / 100||NA|
|Niger||100 / 100||NA|
|Nigeria||50 / 100||50 / 100|
|Oman||0 / 100||0 / 100|
|Palestine||100 / 100||NA|
|Qatar||0 / 100||25 / 100|
|Saudi Arabia||50 / 100||50 / 100|
|Tunisia||100 / 100||NA|
|United Arab Emirates||100 / 100||0 / 100|