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1. Nigerien Law 2015-36: How a New Narrative in the Fight Against Smugglers Affects the Right to Leave a Country

Author:
Sarah Isabel Pfeiffer
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the Republic of the Niger adopted an anti-migrant smuggling law (Law 2015-36) with direct involvement of the European Union (EU). Since then, concerns have been raised that this law constitutes a de facto travel ban for anyone moving northwards from Niger. Rather than addressing the involvement of the EU, this article will focus on the direct obligations of Niger, including those set by regional human rights agreements, as the country where the so-called cooperative migration control takes place. People on the move towards Libya will be a special focus as the most affected by the Nigerien law. First, the Nigerien law and its provisions will be described, in order to then assess whether the law and its application infringe the human right to leave any country including one’s own. Drawing from the findings of non-governmental organizations and the United Nations Special Rapporteur on the Human Rights of Migrants, this article argues that Law 2015- 36 renders it impossible for non-Nigerien nationals to leave the country without risking their life and safety. Thus, Law 2015-36 infringes the right to leave. The third part explores possible justifications for the law with a focus on the interests of people on the move, the interests of bordering States, and national interests. It finds that Law 2015-36 is disproportionate and, in fact, impairs the essence of the right to leave, resulting in an unjustified interference. The concluding fourth part contains recommendations for possible amendments to the law.
Topic:
Human Rights, International Law, Migration, European Union, Smuggling, and Irregular Migration
Political Geography:
Africa, Europe, and Nigeria

2. Assessing Community Sensitivity to Cross-Border Security in Ghana

Author:
Mawusi Yaw Dumenu, Newton Yaw Norviewu, Balaarah Abdulai, and Nana Kwabena Aborampah Mensah
Publication Date:
03-2023
Content Type:
Research Paper
Institution:
Ghana Center for Democratic Development
Abstract:
Strengthening the integrity of Ghana’s borders is essential for the welfare of the nation and its people. National efforts to prevent illegal cross-border activities, including illicit goods, persons and activities require full involvement of all Ghanaians, especially those living in border areas. This has become even more important considering the regional insecurity posed by terrorist groups and violent extremists. It is therefore imperative that residents be sensitized to potential threats associated with irregular cross-border activities that have a potential to facilitate activities of criminal gangs such as terrorists and violent extremist groups. Furthermore, as violent extremism and terrorist activities have become more prevalent in the West African sub-region it is crucial that these threats are considered when examining the functionality of Ghana’s border security. In an effort to improve awareness among border communities, the Center initiated the project entitled “Enhancing citizen participation in border security”. As part of the project strategies, a baseline survey was conducted within selected border communities to assess the level of awareness regarding border-related threats and gather information on the relationship between border residents and security agencies. The baseline survey was intended to inform the direction and interventions of the broader project. Both border residents and staff of some security agencies were interviewed in each of the 10 regions within where Ghana’s land borders are located. The findings of this survey are contained in this report.
Topic:
Security, Development, Terrorism, Borders, Smuggling, and Survey
Political Geography:
Africa and Ghana

3. Tri-border Transit: Trafficking and Smuggling in the Burkina Faso–Côte d’Ivoire–Mali Region

Author:
Roberto Sollazzo and Matthias Nowak
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
The tri-border area between Burkina Faso, Côte d’Ivoire, and Mali has long been an important zone of commerce for West Africa, and a key transit route for the trade flowing between the Gulf of Guinea, the Sahara, Sahel, and Mediterranean. In recent years, however, smuggling and trafficking has risen in the subregion because of the growing demand for illicit goods and firearms. This demand is fueled by communities’ need for self-defense due to banditry and the increased presence of jihadist groups; needs of traditional hunters and non-state security providers; and the ecosystem around artisanal and small-scale gold mining in which criminals seek weapons to target the miners who in turn equip themselves with firearms for protection against attacks. These dynamics heighten the risk of insecurity and instability. Tri-border Transit: Trafficking and Smuggling in the Burkina Faso–Côte d’Ivoire–Mali Region, by the Survey's Security Assessment in North Africa (SANA) project, takes a detailed look at the actors enabling smuggling and arms trafficking in the region, identifies the drivers of this traffic, and analyzes the impacts on local communities. The paper finds that there are three key trafficking axes in the area and that states are largely unable to control their borders and prevent these activities. The study also shows that illicit firearms are often trafficked together with other smuggled goods such as gold or drugs, using the ant trade method.
Topic:
Arms Control and Proliferation, Weapons, Political stability, Trafficking, and Smuggling
Political Geography:
Africa, Mali, Côte d'Ivoire, and Burkina Faso

4. Diaspora in Despair: Darfurian Mobility at a Time of International Disengagement

Author:
Jérôme Tubiana, Clotilde Warin, and Mahamat Saleh Mangare
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Small Arms Survey
Abstract:
Darfur’s fade-out from international headlines and Western interests over the past several years has fostered a false narrative that the conflict there is over, despite stark evidence to the contrary. Linked to this narrative, the paralysis of internal and international engagement on Darfur has compelled Darfurians—civilians and combatants alike—to increase their outward mobility in search of safety and livelihood opportunities in neighbouring African countries or further afield into Europe. Diaspora in Despair: Darfurian Mobility at a Time of International Disengagement, a new joint report from the Small Arms Survey’s Human Security Baseline Assessment for Sudan and South Sudan (HSBA) and Security Assessment in North Africa (SANA) projects analyzes several components and consequences of this increased mobility. The report finds that highly mobile Darfurian rebel groups have found fertile ground for lucrative activities such as cross-border smuggling in neighbouring countries—particularly Libya. The study also notes that the harsh conditions encountered in Libya by non-Arab Darfurian civilians have compelled many to seek asylum across the Mediterranean in Europe.
Topic:
Conflict, Smuggling, and Disengagement
Political Geography:
Africa, Darfur, and Libya

5. When the dust settles: Economic and governance repercussions of migration policies in Niger’s north

Author:
Johannes Claes and Anna Schmauder
Publication Date:
10-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Mobility has played an important role in Niger’s north throughout its history. Local populations, in response to droughts or shifting border regimes in Libya and Algeria, have traditionally been able to make changes to their livelihood strategies and have shown a remarkable capacity for adaptation, often through migration as a way of diversifying livelihoods. However, since the early 2000s, and particularly since 2016, this system has come under pressure as increasing collaboration with Western countries, whose agendas are aimed at curbing irregular migration from Africa to Europe, has reduced the options available for income generation. This paper lays out the emerging longer-term dynamics in the region in response to the criminalisation of smuggling in Niger in 2015 and the measures subsequently taken to curb northward migratory movements. It has discerned such effects on the local economy and on the perception of governance providers, who are often responsible for detecting and managing discontent.
Topic:
Economics, Migration, Governance, and Smuggling
Political Geography:
Africa, Libya, Algeria, and Niger

6. Lost in Trans-nation: Tubu and Other Armed Groups and Smugglers along Libya's Southern Border

Author:
Jérôme Tubiana and Claudio Gramizzi
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Small Arms Survey
Abstract:
Southern Libya after the fall of Qaddafi has become synonymous with lawlessness. For centuries, the area has been home to a shifting sea of ethnic groups who see the border as an imposition but not a barrier. The Tubu (or Teda) are one such group, whose presence stretches across southern Libya, Chad, and Niger. In Lost in Trans-Nation: Tubu and Other Armed Groups and Smugglers along Libya’s Southern Border, the Small Arms Survey explores the role of Tubu militias before and since the fall of the Qaddafi regime; the roles and alliances of Chadian and Sudanese combatants in the border area; the Agadez–Fezzan corridor, placing particular weight on recent changes in migrant smuggling and drug trafficking; and data and analysis of regional weapons flows. Authored by researchers Jérôme Tubiana and Claudio Gramizzi, Lost in Trans-Nation is a joint publication of the Small Arms Survey’s Security Assessment in North Africa (SANA) and Human Security Baseline Assessment (HSBA) projects, in cooperation with Conflict Armament Research, and builds on the 2017 report Tubu Trouble: State and Statelessness in the Chad–Sudan–Libya Triangle by the same authors and organizations.
Topic:
Arms Control and Proliferation, Arms Trade, Trafficking, and Smuggling
Political Geography:
Africa, Libya, Chad, and Niger

7. Pulling Apart at the Seams: How the Smuggling and Narcotics Trade Are Helping to Reshape Governance in the Sahel

Author:
Andrew Lebovich
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The jihadist takeover of northern Mali in mid-2012 caught many regional observers by surprise. For years, al-Qaeda in the Islamic Maghreb (AQIM) and later the AQIM splinter group, the Movement for Oneness and Jihad in West Africa (MUJAO in French), were seen largely as smugglers, criminals, and “narco-traffickers.” This perception led to a curious process by which some analysts dismissed the risk posed by these groups, while others (chiefly, Western governments) developed a near obsession with the prospect that money from smuggling operations, particularly drugs, would finance jihadist activity in the Sahara and Sahel.[1] While regional experts have since aggressively critiqued the notion of extensive ties between Sahelian militant groups and smuggling, particularly in the narcotics trade,[2] it is nonetheless important to assess the extent of these connections and how they fit into a larger regional context. ​ The purported link between cocaine trade and militant groups gained traction among outside observers due to the appearance of both in northern Mali at approximately the same time. Cocaine first began circulating through and in northern Mali in the early 2000s, while the group that would become AQIM, the Salafist Group for Preaching and Combat (GSPC), achieved notorious renown in 2003 with the kidnapping of 32 Europeans in southern Algeria. [3] Analysts also focused extensively on cocaine, despite the large circulation through and within the region of cannabis products, amphetamines, and other drugs.[4] However, the rise of smuggling networks and economies in the region long preceded the arrival of jihadist militancy. As anthropologist Judith Scheele and others have noted, smuggling in northern Mali began in the 1960s and 1970s with the trade in foodstuffs, especially powdered milk and pasta produced in Algeria, which was then re-sold in Mali and northern Niger.[5] In the 1970s, 1980s, and 1990s, illicit or semi-licit (grey market) trades emerged, including the smuggling of subsidized petrol from Libya and Algeria into the Sahara, as well as the two-way movement of weapons, counterfeit or contraband cigarettes, and people.[6] This smuggling was itself part of an older process in a region that has always depended on the circulation of people and goods for survival...
Topic:
Crime, Al Qaeda, Borders, Drugs, and Smuggling
Political Geography:
Africa, Libya, Algeria, Mali, Sahel, Niger, and Sahara

8. The Central Margins: Congo’s Transborder Economy and State-Making in the Borderlands

Author:
Timothy Raeymaekers
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Timothy Raeymaekers has spent eight years doing fieldwork in the Congolese-Ugandan borderlands, a region that often calls up images of isolation and remoteness, where predatory and armed men ravage, and where death arrives suddenly and unexpectedly. To most people, the eastern Congolese borderlands represent a perversion of economic development, where criminal gangs and looting militias rule on the ruins of state collapse. But rather than collapsed statehood and economic development-in-reverse, Raeymaekers in this DIIS Working Paper argues that the interdependencies and accumulation strategies developed during Congo's protracted crisis have gradually made this borderland a crucial pillar in the equilibrium forces between formal and informal, state and non state actors and regulations in this territorial periphery - which has subsequently become a central margin in today's regional processes of state formation.
Topic:
Migration, Non State Actors, State Formation, Borders, Trade, and Smuggling
Political Geography:
Uganda, Africa, and Democratic Republic of Congo