Niger: Treatment of Muslim women who marry Christians abroad without the consent of their parents and who convert to Christianity (2005)

The following information was provided to the Research Directorate on 19 January 2005 during a telephone interview with a journalist from the Journalists\rquote Network for Human Rights (Réseau des journalistes pour les droits de l'homme du Niger, RJDH), who is a member of the Groupe Alternative.

In Niger, people are nothing without their community. The community is more important than the individual, regardless of ethnic origin or religion. A family's consent is therefore essential for marriage. The dowry is given directly to the bride's parents by the groom's parents. If a woman decides to marry without the consent of her parents, there may be repercussions, since it is usually inconceivable for someone to go against the social rules. That is to say that the parents may not accept the marriage and become very angry. Usually, things calm down after some time. No one hits the woman.

Interfaith marriages are common. In the context of the current socio-economic crisis, which is particularly serious and delays marriages, most interfaith marriages are accepted because parents lack the money to pay dowries.

A woman's conversion to Islam can also cause family problems. A Muslim man can marry a Christian woman and then have her convert to Islam. The contrary, however, is inconceivable. A Christian man can marry a Muslim woman, but the community will not accept that she converts to Christianity. A woman's conversion to Christianity can cause her serious difficulties in integrating into the community, especially if she belongs to a conservative family.

The RJDH journalist added the following information during a telephone interview with the Research Directorate on 20 January 2005. The consequences of marrying without parental consent and of converting to Christianity for a woman from a conservative family include being locked up, shunned or heavily pressured until she changes her mind. An aunt or uncle usually speaks with her, since her father would be too angry.

The following information can also explain the situation regarding the protection offered by the government to a Muslim woman who has married a Christian abroad without the consent of her parents and who has converted to Christianity.

Muslims represent 80 per cent of Niger's population (United States 16 Dec. 2004). Niger's constitution does not prohibit interfaith marriages (Niger 9 Aug. 1999). According to article 18, [translation] "marriage and family shall constitute the natural and moral basis of the human community; both shall be under the protection of the State" (ibid.). Moreover, article 14 states that

[translation]

each person shall have the right to full economic, intellectual, spiritual, cultural, and religious development, as long as such development does not violate the rights of others or infringe on the constitutional or legal order or on public morality (ibid.).

Niger's constitution also "prohibits discrimination based on sex, social origin, race, ethnicity, or religion" (Country Reports 25 Feb. 2004, Sec. 5; see also Niger 9 Aug. 1999, Title II). No information on the application of these articles in the case of a woman who marries without the consent of her parents and who converts to Christianity could be found among the sources consulted by the Research Directorate within the time constraints for this response.

For more information on forced marriages in Niger, see NER42826.FE of 6 August 2004 and NER41597.FE of 4 June 2003.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports on Human Rights Practices for 2003. 25 February 2004. United States Department of State. Washington, DC. [Accessed 18 Jan. 2005]

United States. 16 December 2004. Central Intelligence Agency (CIA). The World Factbook. [Accessed 19 Jan. 2005]

Niger. 9 August 1999. Constitution de la Vème République (promulgated by Decree No. 99-320/PCRN on 9 August 1999). [Accessed 19 Jan. 2005]

Réseau des journalistes pour les droits de l'homme (RJDH). 19 and 20 January 2005. Telephone interviews with a journalist.

Additional Sources Consulted

Internet sites, including: AllAfrica.com, Amnesty International, BBC, Canadian International Development Agency, Freedom House, Human Rights Watch, United Nations Development Programme.