(C) OpenDemocracy This story was originally published by OpenDemocracy and is unaltered. . . . . . . . . . . Smuggling is back out in the open in Niger. What’s the impact on migrants? [1] [] Date: 2025-01 Meanwhile, a tragedy on 30 October 2013 pushed a response to trans-Saharan movement onto the policy agenda in Niger as well. Ninety-two people lost their lives while on the way to Algeria: 37 women, 48 children, and seven men. Their vehicle had broken down and, stranded in the desert, they had perished. The Nigerien authorities, driven by a strong societal outcry, recognised the urgent need to safeguard the lives of migrants traversing the perilous desert. At the same time, the EU was reportedly “requesting” that they work to reduce the number of migrants entering Libya – which they couldn’t do very easily without a law prosecuting smuggling. The result was the 2015/36 anti-smuggling law. The legislation sought to prevent such tragedies by arresting and prosecuting those facilitating irregular migration and offering better protection to those undertaking these dangerous journeys. It aimed to facilitate national and international cooperation to combat the smuggling of migrants, introduced investigative techniques for catching smugglers, established a national coordination body and new processes for the return of smuggled migrants. Niger’s anti-smuggling law articulated strongly – and intentionally – with the EU’s approach to so-called ‘transit’ countries, which focuses on securing borders, managing (aka blocking) migration, and strengthening security. Impact of Niger’s anti-smuggling law on mobility Law 2015/36 has been the subject of significant criticism – particularly in the Agadez region, a key hub for migrants heading northwards – since its inception. Migration has long been a cornerstone of the local economy, engaging a substantial portion of the population in activities such as transporting and hosting migrants, as well as selling essential goods such as food, water, and clothing. After the law was implemented, the authorities made quick work enforcing it. While accurate data on arrests is hard to come by, it’s reported that hundreds of drivers, brokers and “passeurs”, or smugglers, were arrested, charged with trafficking and had their vehicles seized. The law’s critics argue that the legislation negatively impacted the local economy in the region of Agadez, which had previously relied on steady numbers of people moving through on their migration journeys. It also fuelled an increase in banditry, as many individuals who once made a legitimate living through the migration industry were left without viable income-generating opportunities – or were forced to do it in secret. In 2019, the UN Human Rights Committee reported that the anti-smuggling law had “reportedly resulted in a de facto ban on travel north of Agadez,” which was therefore “forcing migrants to go underground and face conditions that expose them to many forms of abuse and human rights violations”. Journalists, activists, and researchers agreed, arguing that the law had exacerbated the dangerous conditions faced by migrants. Their analyses suggested that the implementation of the law, including heightened border controls, and had compelled drivers to navigate more remote and hazardous desert routes. Data from the International Organisation for Migration (IOM) confirms the toll taken by this change. In 2017, it noted a significant rise in the number of migrants left stranded in the desert, leading to many deaths. They are reportedly being abandoned by their drivers, who feared arrest, after a vehicle had broken down. These were the human costs of enforcing the law. It’s unclear, however, what Niger received in exchange. Smuggling certainly wasn’t ‘dismantled’. The law primarily targeted low-level migration facilitators, such as drivers and “passeurs”, or guides, rather than influential businessmen involved in larger smuggling networks. This selective enforcement further led to the professionalisation and consolidation of smuggling activities, with the activity becoming more organised and concentrated in the hands of a few. By 2018, estimates suggested that only 15 to 20 active smugglers remained in Agadez, a sign that smuggling networks had further entrenched among a small number of well-organised criminal elements with transnational links. Despite the enactment of the law and the resulting repression and militarisation of the Agadez region, migration continued. It just transformed from open and regulated movements into covert operations. The main effect of the implementation of the 2015/36 law was the invisibilisation of migration – not its end. Repeal of the 2015/36 law In July 2023, Niger experienced a coup d’état when the presidential guard detained President Mohamed Bazoum. General Abdourahamane Tchiani took control of a new military junta. This political upheaval led to significant changes, including the repeal of the anti-smuggling law in November 2023. The law was repealed by the new military regime in response to mounting domestic pressures and widespread public discontent, a development which the EU viewed negatively. Various officials expressed concerns about a possible increase in migrant arrivals in Europe as a result. In Niger, the response was somewhat different. Suddenly, the smuggling businesses in Agadez could operate out in the open again – people heading north could stay in better accommodation that didn’t have to be hidden from view. And the military resumed its support to the “passeurs” by escorting them and their passengers up to the northern borders for their onward travel – making the journey significantly safer for many of those migrating. Some defenders of law 2015/36 viewed it as a means to protect migrants from traffickers, who they say exploit migrants with false promises of an Eldorado in Europe. However, most research indicates that the biggest threat to migrants on their journeys is their need to make themselves invisible to security forces and observers as well as the lack of legal pathways to Europe. [END] --- [1] Url: https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/smuggling-is-back-out-in-the-open-in-niger-whats-the-impact-on-migrants/ Published and (C) by OpenDemocracy Content appears here under this condition or license: Creative Commons CC BY-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/opendemocracy/