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A former slave is suing the state of Niger in a landmark legal challenge, claiming that the country failed to protect her from being sold into a life of servitude and sexual slavery.
Hadijatou Mani accused the Government yesterday of failing to implement its own laws that criminalised slavery in 2003.
If successful, her case — which is being heard by the Community Court of Justice of the Economic Community of West African States (Ecowas) — could pave the way for similar claims from the hidden population of slaves living in their hundreds of thousands across the Sahel region.
“I want people to know what is happening,” said Ms Mani, who was sold to a master for £250 when she was 12 years old. Giving evidence with her youngest child strapped to her back, the former slave told the court how she was bargained over “like a goat”.
She said: “I have not had a day off in my life, and I want the suffering of so many women to stop. This situation must end, so I am very pleased I have been able to tell the judges about my case.” She is claiming compensation of about £40,000 and hopes that a judgment will strengthen legislation in Niger, where anti-slavery laws appear to have made little impact since being introduced five years ago.
The case is unique because it is the first of its kind to be heard by the Ecowas court. A ruling in her favour would oblige all 15 West African member states to take action against slavery, a traditionally acceptable practice that remains taboo and whose existence is often still denied at official levels. “This is a hugely significant case,” said Helen Duffy, legal director of Interights, a non-governmental organisation based in London that is sponsoring Ms Mani's case.
“It should clarify not only Niger's obligations to protect people like Hadijatou, but also those of many other countries. The actual process itself is having a positive impact, and already we are seeing debate on a subject which some governments still claim doesn't even exist.”
Romana Cacchioli, of Anti-Slavery International, which is also supporting the case, said: “A positive ruling would send a message that the longstanding legal prohibition on slavery must be translated into practice.”
About 43,000 people are thought to be enslaved in the impoverished desert nation of Niger. For ten years, Ms Mani was forced to carry out unpaid domestic and agricultural work, and was later abused as a sexual slave by her owner, who had four wives and seven other such slaves, or “sadaka”. When Niger outlawed slavery, Ms Mani was released officially and given a “liberation certificate”. Her “master” refused to let her go, claiming that she was his wife, but a local tribunal allowed her to leave.
However, when she married another man, she was found guilty of bigamy and was forced to spend three months in jail.
Ms Mani, who is thought to be 24, is the first former slave to bring an action against a state. In the past, members of slave castes in countries such as India have mounted legal challenges against individuals or former employers.
Her lawyers argue that slavery is still accepted in customary law, despite being outlawed by Niger's criminal code and constitution.
Yesterday, at the Supreme Court in the capital of Niamey, where Ecowas is sitting, state representatives denied that slavery was a problem.
The sociologist Djouilde Laya disputed the claim, telling the court: “There are two important dates in the history of this country. One is the day of independence. The other is the day this case began.”
The trial is expected to last five days.
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I'm just surprised that Hadijatou Mani wil be the first slave to bring an action against a state- you go girl!
Alisa, Honiara, Solomon Islands
"Princess" Hadijatou Mani;
God continue to bless you forever. You know the truth.
Please be careful of those who will exploit your serious case to attack Niger and Africans in general or use you to financially build there organizations.
I am a descendant of African slaves in America and I hear you very loud and clear.
I have spent 40 years specializing in the history of the European and Semetic slave trade in Africa.
Your cause is noble. Keep your head up high and keep the vultures at a distance.
Call on the power of your God and Fight the Good Fight as your doing.
Sayeed O. Salahdeen
Sayeed O. Salahdeen, Brooklyn, USA,New York
Have any of you ever lived In niger? I have and the issue is slavery not poligamy, two completely different things.
Kate, Niamey, Niger
I don't see the difference between this and the "spiritual marriages" West Texas polygamist community.
MV, Geneva,
Regardless of what officials say, you cannot deny what happened to Ms. Mani. Her right to celebrate life and marriage has been forever tainted by this experience. It's just another example of government saying one thing and doing another. This injustice has to stop. I agree with Djouilde Laya and I hope the court finds in favor of Ms. Mani.
Jennifer Sullivan, Rock Hill, USA/South Carolina
Sadly, this is just one of the several 'new faces' of slavery. The issue of using children and less privileged people as house-helps is taking a different dimension in Africa. The rich are so lazy they cannot do their routine chores so they keep enslaving the weak and poor. Servant-hood turns into forced labour and creates business for some people who are engaged in human trafficking from Africa to other parts of the world. This is very dehumanizing and must stop. The UN and various national governments should evolve stringent measures to checkmate the various new faces of slavery before Africa becomes another slave market.
oforibo aminadoki, San Jose, Costa Rica
Hadijatou Mani's lawyers argue that:
"slavery is still accepted in customary law, despite being outlawed by Niger's criminal code and constitution".
All this despite Wilberforce's efforts almost two centuries ago.
Then again, at the end of the nineteenth century and just into the twentieth, the Northern Charterland Exploration Company together with the BSA Company went into Central/Southern Africa to obtain mining & farming concessions from the local chiefs.
What they found was a slave trade still rife with the stronger and hostile natured tribes raiding the weaker and peaceful groups for slaves. The had to enlist men like 'Bobo' Young (salary £120PA) to finally eradicate that vile trade with fists, boots, bayonets and Martini rifles, with the odd Maxim thrown in.
Only then was peace & trade possible.
Perhaps this is why Africa has seen nothing but war since they decided to run their own democracies.
Ian, London,