Financial Crime World

Niger Struggles to Prevent Financial Crime: Whistleblower Protection Remains Elusive

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Despite being a signatory to several international and regional conventions that commit it to combating financial crime, Niger’s efforts to prevent and punish corruption remain limited.

International Commitments

Niger has ratified the following international agreements:

  • United Nations Convention against Corruption of 2003
  • African Union Convention on Preventing and Combating Corruption
  • Protocol on the Fight against Corruption of the Economic Community of West African States

Lack of Whistleblower Protection in Nigerian Legislation

Despite these commitments, Nigerian legislation does not explicitly provide protection for whistleblowers. The:

  • Penal Code penalizes slanderous accusations but does not specifically protect individuals who report corruption or other illegal activities.
  • Labor Code contains no provisions protecting whistleblowers, although it prohibits dismissal based on legitimate grounds.

Limited Protection in Anti-Money Laundering Law

The Law on Anti-Money Laundering and Combating the Financing of Terrorism provides some protection against civil and criminal proceedings for breach of professional secrecy to persons or managers who make reports of suspicions in good faith. However, this law does not specifically mention whistleblower protection.

Protection under Law No. 2016-44

Law No. 2016-44 on the High Authority for the Fight Against Corruption and Related Offenses (HALCIA) provides some protection for whistleblowers, allowing any citizen to seize HALCIA to report corruption or related offenses. However, there is no guarantee of anonymity in the transmission of denunciations.

Organizations Working to Combat Corruption

Several organizations in Niger are working to combat corruption and promote transparency and good governance:

  • Collective of Human Rights and Democracy Defense Organizations (CODDHD) strives to protect human rights and democracy in Niger.
  • Network of Organizations for Transparency and Budget Analysis (ROTAB Niger) promotes transparency in the extractive industry.
  • Nigerien Association for the Fight Against Corruption (ANLC) is a non- political, non-profit association established in 2001 that aims to fight corruption by promoting reforms aimed at transparency in public and private management.

Conclusion

While Niger has made some progress in combating financial crime, whistleblower protection remains limited. The country needs to strengthen its legal framework to provide better protection for individuals who report corruption or other illegal activities.