A/HRC/41/38/Add.1 B. Regional legal and policy framework 8. The Niger is a party to the African Charter on Human and Peoples’ Rights, the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa and the African Charter on the Rights and Welfare of the Child. 9. The Niger is a member of ECOWAS and the West African Economic and Monetary Union. The Revised Treaty of the Economic Community of West African States (arts. 3 (2) (d) (iii) and 59 (1)) and the Treaty on the West African Economic and Monetary Union (art. 4 (c)) establish the freedom of movement of persons, goods, services and capital of the citizens of its member States within the territory of the community, as well as the right of residence and establishment. The 1979 Protocol to the ECOWAS treaty relating to Free Movement of Persons, Residence and Establishment abolishes the visa and entry permit requirement for ECOWAS citizens for a period not exceeding 90 days (a valid travel document and international health certificate suffice); beyond that period, ECOWAS citizens are required to obtain a residence permit (art. 3). The Protocol also establishes the framework for the expulsion of any citizen of a member State (art. 11). 10. Considering that the free movement of persons and migration management are key to regional integration and development processes, the ECOWAS Commission has promoted the ECOWAS Common Approach on Migration and Development and has formulated a regional migration policy. In addition, it adopted the ECOWAS Gender and Migration Framework and Plan of Action, 2015–2020, to encourage regular and safe migration for men and women. C. Bilateral agreements 11. The Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (Cotonou Agreement) constitutes the framework for cooperation between the Niger and the European Union. Article 13 of the Agreement addresses migration, to be the subject of in-depth dialogue within the framework, reaffirming existing obligations in international law to protect human rights and eliminate all forms of discrimination (art. 13 (1)). This provision grants third-country nationals who reside legally on their territories rights and obligations comparable to those of their citizens (art. 13 (2)). It also refers to the prevention of irregular migration and the possibility of concluding bilateral agreements for readmission and return of nationals as well as of third-country nationals and stateless persons. The European Union is to provide adequate assistance to implement these agreements (art. 13 (5)). Reportedly, the Niger has adopted non-standard readmission agreements with the European Union. 7 The Special Rapporteur expresses concern over the lack of transparency and accountability of these agreements, which might be in breach of international human rights norms and standards. 12. Based on article 13 of the Cotonou Agreement, the European Union has developed two cooperation agreements to which the Niger is associated, in the context of the EuroAfrican Dialogue on Migration and Development (Rabat Process) in 2006 and the Valletta Summit on Migration of 2015. The multi-annual cooperation programme of the Rabat Process aims at strengthening States’ capacities, including those of the Niger, to reintegrate forcibly returned migrants. The Valletta Action Plan focuses on cooperation with countries of origin to impede the departure of migrants and favour returns, and cooperation with transit countries to close migration routes. 13. The Cotonou Agreement is due to expire in February 2020, and consultations and negotiations were launched in 2018 for a new agreement. 8 Negotiations among European Union member States faced difficulties due to a lack of consensus on the issue of migration, 7 8 4 Abdoulaye Hamadou, “La géstion des flux migratoires au Niger: entre engagements et contraintes”, La Revue des Droits de L’Homme, No. 14 (2018), p. 11. See http://europa.eu/rapid/press-release_MEMO-18-5903_en.htm.