Financial Crime World

Financial Crime Laws and Regulations in Niger

Despite ratifying several international and regional conventions on combating corruption, Niger still lacks explicit provisions for whistleblowers in its national legislation. However, the country has made efforts to establish bodies to monitor and combat financial crime.

International Obligations

Niger ratified the United Nations Convention against Corruption of 2003, which requires state parties to take “appropriate” measures to protect witnesses, experts, or victims from acts of retaliation or intimidation they may face as a result of their statements. Similarly, the African Union Convention on Preventing and Combating Corruption of 2003 requires member states to establish procedures for protecting whistleblowers.

National Legislation

In Niger’s national legislation, there is no explicit provision for whistleblowers, but some laws provide limited protection. For example:

  • Law No. 2016-33 of October 31, 2016 on the fight against money laundering and the financing of terrorism grants protection against civil and criminal proceedings for breach of professional secrecy to persons or managers who make reports of suspicions in good faith.
  • Law No. 2016-44 of December 6, 2016 on the High Authority for the Fight Against Corruption and Related Offences (HALCIA) provides protection that can apply to whistleblowers. Article 27 of this law states that “the state ensures the protection of witnesses, experts, and whistleblowers in cases of corruption and related offenses.” However, no details are given regarding the nature of the protection granted or its implementation modalities or deadlines.

Organizations Working towards Transparency

Several organizations in Niger are working towards promoting transparency and combating financial crime. These include:

  • The Collective of Human Rights and Democracy Defense Organizations (CODDHD), a group of over 44 associations and organizations that aim to protect, promote, and defend human rights and democracy in Niger.
  • The Network of Organizations for Transparency and Budget Analysis (ROTAB Niger), a collective of organizations, NGOs, and unions that aim to promote transparency and good governance throughout the chain of activities related to the extractive industries.
  • The Nigerien Association for the Fight Against Corruption (ANLC), which is working towards combating corruption by promoting reforms aimed at transparency in public and private management.

Conclusion

While Niger has made efforts to combat financial crime, there is still a need for explicit provisions for whistleblowers in its national legislation. It is crucial that the country takes further steps to protect individuals who report suspected cases of corruption or financial crime from retaliation or intimidation.