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Forum: ECOWAS Community Court of Justice
INTERIGHTS' role: Co-applicant
Keywords: Slavery, equality, private life, marriage
INTERIGHTS is co-counsel in a historic slavery case that has been brought against the State of Niger before the Community Court of Justice of the Economic Community of West African States (ECOWAS Court). The court sat to hear the case in Niamey, Niger, from 7-11 April 2008. INTERIGHTS was assisting local lawyer Mr Chaibou, with support from Anti-Slavery International and Timidria.
The court heard compelling testimony from the victim as to the circumstances of her life and enslavement. Hadijatou Mani was born into slavery, inheriting her mother’s status. She was bought, sold and delivered to her master at age 12 and thereafter completely subjected to his will and control. She was raped, beaten, humiliated and degraded daily, subjected to harsh labour without remuneration or time off and punished when she tried to escape. Eventually she was given a ‘liberation certificate’ by her master, on the basis that he wanted to marry her. When she refused, he took all steps possible to prevent her from being free, assisted at times by the State authorities, who for example arrested and imprisoned her for bigamy for marrying a man of her choice.
The court also heard five other witnesses. One testified to the negotiation and sale of Hadijatou and her transfer to her master. Another was present at her ‘liberation’. Two witnesses brought by the State – chiefs of a village and a canton - denied that slavery exists in Niger. A sociologist described the evolution of the problem, and ended his testimony by describing this case as one of the two most important days in the history of the country, the other being independence.
Hadijatou’s legal team argued on her behalf that the case of Hadijatou Mani is as clear a case of slavery as one can envisage. Slavery under international law involves essentially the exercise of powers of ownership over a person, or the exercise of a certain degree of power or control, both of which are epitomized by Hadijatou’s case. We sought to show that her case could not, as the State argued, be seen as an isolated case, but an illustration of a more pervasive problem. This is supported by several reports from independent sources as well as the facts of this case: the banality of the response of the authorities when Hadijatou’s case came before them, and the very fact that the sale and liberation of a human being is governed by contract and certificates.
We argued multiple violations of her rights under the African Charter and other applicable laws resulting from or linked to the slavery. An emphasis was placed on equality, as Hadijatou’s case highlights how grave the consequences can be where discrimination on the grounds of sex and social origin intersect.
The State’s responsibility for slavery and other violations stems both from what it did when its own authorities – notably the police and the courts – intervened in the case, and from what it has failed to do to protect Hadijatou and others like her. While the constitution prohibits slavery and legislation criminalised it in 2003, customary laws are discriminatory and continue to legitimize slavery. The State has failed to take adequate or effective measures to ensure that the constitution and legislation are implemented and that the prohibition on slavery is effective in practice. Among the measures we argued that the it must take are: a meaningful enquiry into the scope and nature of the problem, and acknowledgement of it, as a first step to its eradication; a programme of awareness raising and education for those that apply the law; a broader programme sensitization of citizens and communities; the investigation and prosecution of all those responsible for slavery (there has been only one prosecution and it was reduced to a meaningless sentence); assistance to former slaves to reinsert themselves into society.
The court indicated that it would return to Niamey to hand down judgement on 28 October 2008.
INTERIGHTS Contact: Helen Duffy, Legal Director
Related Links
Video: [22 April 2008] CNN Inside Africa - Niger Slavery Case
Voice of America: [15 April 2008] Former Slave Tells of Rape in Case Against Niger Government
AFP: [12 April 2008] Verdict in Niger slavery process October 27: judge
Voice of America: [7 April 2008]: Former Slave Launches Case Against Niger
International Herald Tribune: [7 April 2008] In first, former slave sues Niger government
Reuters: [7 April 2008] Former slave launches legal case against Niger
BBC News: [7 April 2008] 'Ex-slave' takes Niger to court
Washington Post: [23 March 2008] One Man's Personal Mission to End Slavery in Mauritania
