sexual health and human rights in the african region - The ICHRP

Community has largely not been active, the decision of the Court in Hadijatou
Mani Koraou v The Republic of Niger 71 in 2008 signals an important development.
• Hadijatou Mani Koraou v The Republic of Niger ECW/CCJ/JUD/06/08 28
October 2008 (ECOWAS Community Court of Justice): In parts of West
Africa and North Africa, slavery still exists although it has been legally
abolished. 72 This case was brought against Niger by a woman applicant
Hadijatou Mani Koraou, who was a citizen of Niger. The applicant had
been born into a customary practice of slavery through descent. Her
mother was a slave and, by custom, she was treated as a slave by her
mother’s ‘owners’. In 1996, when she was twelve years of age, she was
sold by her owner for 240 CFA francs 73 to a 46-year old man, El Hadj
Souleymane Naroua (Souleymane) in accordance with the custom of the
Haoussa people and under practice called Wahiya. According to Wahiya, a
girl who is sold becomes a slave and concubine of the buyer. She is
required to work for the buyer and is obliged to meet his sexual demands
at all times. The applicant was subjected to these conditions from the age
of twelve. For a period of nine years, the applicant endured forced sexual
acts by Souleymane and bore four children. Also during this period, she
was frequently subjected to beatings for insubordination by her ‘master’.
Souleymane was already married to four wives under Islamic law. The
applicant served as a Sadaka – a ‘fifth’ wife who could not be legally
married to the man under Islamic law but serves as a slave and concubine.
In 2005, Souleymane gave the applicant a certificate liberating her from
slavery. The certificate was signed by the applicant, Souleymane - the
‘master’ - and the chief who was the village’s traditional authority.
However, when the applicant attempted to leave, Souleymane prevented
her from doing so on the ground that the applicant was his wife. Under
the pretext that she was visiting her mother who was ill, the applicant was
allowed to leave. Following her escape, the applicant brought an action
before a civil and customary seeking to have a freedom recognised. The
tribunal ruled in her favour finding that she was never legally married to
Souleymane. Souleymane appealed against the decision before the Court
of First Instance. He was successful. The applicant then appealed to the
final court of appeal – the Judicial Chamber of the Supreme Court. The
71 Hadijatou Mani Koraou v Republic of Niger ECW/CCJ/JUD/06/08, October 28, 2008 (ECOWAS
Community Court of Justice).
72 Traditional Slavery in West Africa Slavery and Slave-like
Practices: Report of the Mission to Mauritania, by Marc Bossuyt, July 2, 1984, to the Commission on Human
Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities.
73 As of 23 April 2010, one US dollar is equivalent to 492 CFA francs < www.exchangerates.org/Rate/USD/XOF>.
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