is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Niger score: 100/100
There are no known policies or rules against bribery for soliciting preferred postings.
Bribery and/or corruption are defined offences in law, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes.
There is a policy and strict rules relating to bribery for soliciting preferred postings. Bribery offences cover (at a minimum) offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.
Both the Military Code and the Public Penal Code address corruption in general terms without explicit references to a policy of refusing bribes for preferred postings. However, such policies can be inferred generally from both legal frameworks.
Article 228 of The Military Code of 2003, states that officers found guilty of corruption, theft or other general crimes can be dismissed, demoted or imprisoned. Bribery to gain preferred postings can be considered corruption, even though it is not explicitly mentioned.
Connected to this, Art. 228 states:
“A custodial sentence of at least three months, with or without stay, given to an officer or non-commissioned officer for any of the following can also entail the loss of rank:
1) bribery of public officials;
2) theft, fraud, breach of trust.”
(Consultant translation French to English)
The Public Penal Code, Section VII on Corruption and Influence Peddling (Trafic d’influence), Articles 130–133, which applies to civil servants including military officials, contains penalties for corruption and influence-peddling in more detail. The penalties extend to those who solicit or accept bribes, offer gifts or use a public office (including military officials):
“Any elected official, public, administrative or judicial official, military official or person treated as such, agent or employee of a public administration or of an administration under the control of the public authority, or citizen in charge of a public service, who
who solicits or accepts offers or promises or who receives donations or gifts, to act or not act on its functions or profession, even legal, but not subjected to salary, shall be punished by two to ten years’ imprisonment and a fine of 50,000 to 1,000,000 francs.”
(Consultant translation French to English)
According to recent research confirmed by interviewees, different forms of bribe occur to gain preferred postings (1), especially in the border regions subject to different kinds of trafficking (2, 3).
1. Yann-Cédric Quéro, “Etude sur la corruption et trafic d’influence dans les services de la Police Nationale au Niger,” (Study on corruption and influence peddling in the Nigerien National Police Service), Projet GIZ-RECAP Niger, November 15, 2017.
2. Interview with project manager of International NGO, May 31, 2018.
3. Interview with Ministry of Interior official, May 28, 2018.
Niger score: 100/100
There are no sanctions for soliciting preferred postings through bribery.
Sanctions exist in law, but maximum penalties constitute less than 1 year imprisonment or weak fines that would not act as a deterrent.
Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
As mentioned in 44A, the language in the Military Code and Public Penal Codes does not explicitly mention the payment of bribes (pot-de-vin) to gain preferred postings. Such infractions are described generally in the Military Code (Article 228) and in more detail in the Public Penal Code (Articles 130–133).
The anti-corruption code, discussed in detail in question 35, would also apply to bribes for preferred postings. The 2003 Military Penal Code (1) addresses corruption in Article 228 which states that officers found guilty of corruption, theft or general crime can be dismissed, demoted or imprisoned. The code provides for a judiciary military police that report to Ministry of Defence (Article 46). They are charged with finding and following up all infractions of the law (Article 47) at all levels of the armed forces (Article 48). Chapter III, Section 7 of the Public Penal Code (2) (applicable to all civil servants) also states that: Corruption and Influence Peddling will be punished with imprisonment of two to ten years and a fine of Fr 50,000-1,000,000 francs. The law extends to persons soliciting or accepting offers, promises, gifts or presents. This includes being given an elected office or other official or government positions (Art. 130). Any person who has requested or approved bids or promises, solicited or accepted gifts or presents, to obtain or attempt to get decorations, medals, honors or awards, squares, functions or jobs or favours granted by any public authority, markets, companies or other benefits arising from treaties with the public authority or, generally favourable decision of such authority or administration, and will and abused a real or supposed influence shall be punished with imprisonment of one to five years and a fine of 50000-1000000 francs (Art .132).
1. “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.
2. “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 2003 amending Act no.61-27 of 15th July 1961 setting out the Military Penal Code), Journal Officiel spécial n° 4, 7 April 2004.
Niger score: 0/100
No sanctions are applied when bribery occurs.
Sanctions are inconsistently applied in the event of bribery.
Appropriate sanctions or punishments are regularly applied when bribery occurs.
No evidence was found of such cases being investigated (1).
1. Interview with employee of Ministry of Justice, May 31, 2018.
Compare scores by country
Please view this page on a larger screen for the full stats.
|Country||44a. Policy||44b. Sanctions||44c. Enforcement|
|Algeria||0 / 100||0 / 100||NA|
|Angola||50 / 100||100 / 100||50 / 100|
|Burkina Faso||0 / 100||0 / 100||NA|
|Cameroon||100 / 100||100 / 100||50 / 100|
|Cote d'Ivoire||100 / 100||100 / 100||0 / 100|
|Egypt||0 / 100||0 / 100||NA|
|Ghana||100 / 100||100 / 100||50 / 100|
|Jordan||100 / 100||100 / 100||50 / 100|
|Kuwait||0 / 100||50 / 100||0 / 100|
|Lebanon||50 / 100||100 / 100||50 / 100|
|Mali||100 / 100||100 / 100||0 / 100|
|Morocco||0 / 100||0 / 100||NA|
|Niger||100 / 100||100 / 100||0 / 100|
|Nigeria||100 / 100||100 / 100||50 / 100|
|Oman||50 / 100||100 / 100||0 / 100|
|Palestine||50 / 100||100 / 100||0 / 100|
|Qatar||50 / 100||100 / 100||NEI|
|Saudi Arabia||50 / 100||100 / 100||0 / 100|
|Tunisia||100 / 100||100 / 100||100 / 100|
|United Arab Emirates||100 / 100||100 / 100||0 / 100|