This information is derived from the State Department's Office of Investment Affairs’ 2017 Investment Climate Statement. Any questions on the ICS can be directed to EB-ICS-DL@state.gov
Last Published: 7/4/2017

The concept of responsible business conduct (RBC) has been gradually incorporated into the core of Nigerien business operations to increase share value for businesses and society, and is included in the country’s mining codes. There is a general awareness of expectations regarding RBC, as well as business’ obligations to proactively conduct due diligence and do no harm.

In the extractive industries sector, the GON has focused on ensuring existing obligations are met and that communities benefit. Nigerien law states that 15 percent of revenues derived from extractive industries must be returned to the municipality affected by the project. However, such payments are difficult to track and the GON is not active or engaged in follow-up.

There have been no high-profile instances of private sector impact on human rights in the recent past. The GON attempts to enforce domestic laws related to human rights, labor rights, consumer protection, and environmental protections. However, a lack of resources makes such enforcement difficult and only somewhat effective.

In 2017 the GON strengthened minority investor protection by introducing a provision whereby a winning party’s legal expenses are reimbursed by the losing party, thus making it less financially daunting for minority shareholders to challenge large corporations in a court of law. Likewise, shareholders representing 10 percent of a company’s market capitalization may call for an extraordinary meeting of shareholders. RBC is promoted by most workers’ unions and is regularly monitored by civil society and NGO’s. These organizations are able to do their work freely.

Niger is not a member of the OECD and does not adhere to OECD guidelines, including those related to supply chains of minerals from conflict-affected and high-risk areas. There are no Nigerien-owned companies that deal exclusively with minerals, including those that may originate from conflict-affected areas.

The GON has participated in the Extractive Industry Transparency Initiative (EITI) since 2005, and was declared compliant by the EITI for 2015. The constitution mandates full disclosure of all payments from foreign government stemming from mining operations, as well as publication of all new exploration and exploitation contracts in the mining sector. However, in practice, payments from foreign countries to GON officials have at times been controversial due to non-reporting of such payments.

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