Niger’s military rulers moved to repeal a criminal law enacted eight years ago that targeted human trafficking and to annul all convictions linked to it. The repeal came amid a broader framework with the European Union (EU) and aligned with a wider strategy to manage borders and curb irregular migration from Africa. Officials argued that the law misclassified certain legitimate activities as trafficking and had been shaped under influence from external forces. The change has heightened regional tensions and raised the risk for migrants attempting to cross Niger’s territory.
In a statement from the national press office, authorities noted that the law was deemed incompatible with national norms and did not reflect the country’s interests. Over the years Niger emerged as a key European partner in the Sahel region. For instance, in 2016, the EU earmarked 610 million euros to curb immigration. The collaboration faced strain after the coup and the arrest of the former president at the end of July, with the military government leaving the law in effect on paper but effectively inoperative in practice.
Relationship with Twenty Seven
European Commissioner for Home Affairs Ylva Johansson expressed concern on this week’s decision, saying that the repeal could have significant consequences. She cited a notable drop in migrant arrivals since the law’s 2015 enactment and warned of a potential further decline after its repeal. The commissioner also highlighted the risk of more dangerous journeys and increased fatalities along routes through desert corridors into Europe via Libya.
Presently, Niger’s ties with the EU are unsettled. After the coup, the country moved to distance itself from France, accusing Paris of creating more insecurity and demanding the withdrawal of displaced troops. Paris gradually complied, beginning to pull troops home in October.
Situated at a crossroads of migration, Niger plays a pivotal role in the movements from sub-Saharan Africa toward the Mediterranean. The city of Agadez, long associated with mobility, has evolved from a historic caravan hub to a required stop for migrants aiming to cross the Sahara toward Libya or Algeria. Today it hosts thousands of migrants who wait in reception centers that often struggle to cope with demand and are managed by international agencies.
A more dangerous route
Moktar Dan Yaye, quoted by El Periódico, a member of Alarm Phone Sahara, argues that the law’s repeal will not reduce migration flows toward Europe. He notes that migrants could become more exposed and harder to track as they turn to hidden networks and alternative routes, raising the number of people who disappear or go missing during the journey north.
The law also disrupted everyday life in towns through which migrants pass. It harmed local economies and social structures in the region. Even though the goal was to prevent illegal trafficking, enforcement ended up hindering mobility and penalizing drivers who transported migrants, resulting in job losses and broader economic strain, according to Dan Yaye.
Make aid a crime
Similar consequences touched people who owned businesses or rented lodging to migrants, as well as those who offered small acts of help. The broad brush of the law swept in people without criminal links who assisted migrants and exposed them to criminal charges. Isidore Ngueuleu, a human rights adviser for the Africa section of the World Organization Against Torture, emphasized that the text framed humanitarian assistance as criminal activity and permitted arbitrary detentions.
Ngueuleu noted calls for a partial revision of the law to preserve positive elements—such as protecting migrants at risk of torture from deportation—while seeking an approach that avoids criminalizing ordinary support. He criticized the absence of any alternative legislation after the repeal and warned that migration policy should carefully distinguish legitimate economic activities associated with movement from illicit smuggling networks that exploit migrants’ vulnerabilities.