Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Niger (Ratification: 2000)

The Committee takes note of the Government’s report of May 2005 and the additional information sent in November 2005. It also notes the information supplied in June 2005 at the 93rd Session of the Conference Committee on the Application of Standards and the discussion that ensued. It likewise takes note of the detailed multidisciplinary report by the High-level Fact-finding Mission that took place in Niger from 10 to 20 January 2006 at the request of the Conference Committee.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee took note of observations by the International Confederation of Free Trade Unions (ICFTU) alleging trafficking of girls in Niger for domestic work and sexual exploitation, and trafficking of boys for the purpose of economic exploitation. It noted that sections 255 and 258 of the Penal Code punishes whosoever, whether by fraud or violence or without fraud or violence, abducts minors under 18 years of age or causes them to be abducted, or entices, diverts or removes them, or causes them to be enticed, diverted or removed, from where they were placed by the persons to whose authority or guidance they were entrusted. It asked the Government to provide information on the measures taken or envisaged to prohibit and eliminate this worst form of child labour.

The Committee notes the statement made by the Government representative at the Conference Committee in June 2005 that Niger is not a country where children are sold or trafficked, such practices not having been brought to the knowledge of the public authorities. It also notes that the Government repeats this statement in the additional information sent in November 2005. The Committee observes, however, that in its report, the High-level Mission states that according to information it has obtained, Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa. The Committee also observes that Niger’s geographical location (i.e. the fact that it shares nearly 5,700 kilometres of land borders with seven States – Algeria, Benin, Burkina Faso, Chad, Libyan Arab Republic, Mali and Nigeria – does indeed place the country at the heart of the region’s migratory flows and exposes it to the risk of trafficking, particularly child trafficking. Furthermore, Niger is the more exposed to the phenomenon because most of the countries with which it shares a land border are themselves affected by trafficking. The Committee notes that, according to information gathered by the High-level Mission, Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children. The mission report also indicates that the trafficking of women and children between the countries of the subregion has increasingly involved Niger, and that the trafficking networks are fed, especially in Niamey, by young persons recruited mainly in Nigeria, Togo, Benin and Ghana, with the promise of a bright professional future, to carry out tasks which are traditionally regarded as demeaning in Niger (domestic work) or which are prohibited on religious grounds (work in bars or restaurants, etc.).

The Committee notes that, in its report, the mission recommends completing the legal framework allowing child labour, particularly its worst forms, to be prevented. The Committee points out in this connection that, although sections 255 and 258 of the Penal Code punish the abduction of children under the age of 18 years of age, Niger has no specific legislation on human trafficking. It notes that the mission indicates in its report that Niger’s Association for Human Rights (ANDDH) has set up, in collaboration with UNICEF, a programme to combat human trafficking in Niger. As part of the programme, the ANDDH has drafted a Bill for the prevention, repression and punishment of trafficking in Niger. In its conclusions, the mission proposes that the Bill should undergo critical examination by the National Committee for the Protection of Human Rights and Fundamental Freedoms (CNDHLF), which has the authority to submit bills to the Government on human rights matters. The Committee therefore asks the Government to take the necessary steps to ensure that the Bill to prevent, repress and punish trafficking in Niger, is adopted as soon as possible. It also requests the Government to provide information on any progress made in this matter.

2. Forced or compulsory labour. Begging. The Committee previously took note of observations by the ICFTU alleging that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of five or six to a spiritual guide (marabout), with whom they live until they are 15 or 16 years old. During that time they are entirely in the guide’s charge. He teaches them religion and in return requires them to carry out certain tasks, including begging. In its previous comments, the Committee noted that section 179 of the Labour Code punishes begging and that section 181 of the Code punishes the parents of minors under 18 years of age who habitually engage in begging and anyone who invites them to beg or wittingly benefits from the begging. The Committee, like the United Nations Committee on the Rights of the Child, expressed concern at the vulnerability of children who beg in the streets. It requested the Government to provide information on the measures taken to improve the situation of child beggars and on the application of sections 179 and 181 of the Penal Code.

The Committee notes that, in June 2005, the Government representative made a point of reminding the Conference Committee that begging was a cultural and educational practice aimed at developing humility and compassion in adults. She indicated, however, that the competent departments were reflecting on appropriate measures to respond to the risks deriving from this practice because of poverty. In its conclusions of June 2005, the Conference Committee shared the concern of the Committee of Experts about the vulnerability of children who beg in the streets and asked the Government to indicate effective and time-bound measures for withdrawing street children under 18 years of age from begging. The Committee notes that, from the interviews held by the High-level Mission, it emerges that there are three forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practised by indigent people. Educational begging is the form practised in Niger in accordance with the Muslim religion as a means of learning humility, for the person practising it, and compassion, for the alms giver. Lastly, begging that uses children for purely economic ends uses children as a source of business. The Committee notes that, according to the mission report, the existence of this third form of begging was acknowledged by those interviewed, including the Government. The Committee points out that, because this form of begging has its roots in cultural and religious practice, few are shocked to see children exploited in this way. However, in this form of begging children are the more vulnerable, as their parents, although concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely in the charge of the marabouts.

The Committee is seriously concerned at the use by certain marabouts of children for purely economic ends, particularly as it would appear from the information gathered by the mission that this form of begging is very much on the increase. The Committee is also concerned at the mission’s finding that begging among talib children is closely linked to child trafficking in that it is certain marabouts or teachers of the Koran who are mainly at the origin of this kind of exploitation. The Committee also notes that the Government has recognized that this form of begging is on the increase. It notes in this context that in his 2006 goodwill address to the nation, the Prime Minister of Niger referred to the scourge of begging. The Committee requests the Government to step up its efforts to take the necessary steps to enforce the national legislation on begging and to punish marabouts who use children for purely economic ends. It also requests the Government to indicate effective and time-bound measures taken to protect children against forced labour and ensure their rehabilitation and social integration.

Article 3(d). Hazardous work. Children working in mines and quarries. In its previous comments, the Committee took note of information sent by the ICFTU to the effect that a study conducted by the ILO in 1999 on child labour in small-scale mining, covering four types of traditional mines (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua, and gold in Liptako-Gourma), showed that child labour is widespread in Niger, principally in the informal economy, and that work in small-scale mines is the most hazardous of all activities in the informal sector. The Committee noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 provides that employers may not assign children to underground work in mines. It asked the Government to redouble its efforts to ensure that the legislation protecting children against underground work in mines was effectively applied.

The Committee notes that, in its conclusions of June 2005, the Conference Committee shared the Committee of Experts’ concern at the vulnerability of children who carry out hazardous work in mines and quarries. The Conference Committee noted that the Government of Niger expressed its resolve to pursue efforts to eradicate such situations with technical assistance and cooperation from the ILO. The Committee notes from the information gathered by the mission that hazardous work by children, particularly in mines and quarries, does exist in “informal” locations. The Committee notes from the Government’s report that the Government informed the mission that, when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and that, in some cases, the children carry out small tasks for their parents. The Committee notes, however, that according to various interviews carried out by the mission in Niger, the children do more than simply accompany their parents. The mission reports that they intervene in the production chain, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or in some cases tasks that are physically hazardous, eight hours a day, every day of the week, running the risk of accident or disease.

The Committee points out in this connection that there is a difference between the child labour prohibited by ILO Conventions and the small tasks that children may carry out in the family environment which may be regarded as playing a major role in the child’s socialization. The child labour prohibited by the ILO Conventions refers to jobs done by children, which in fact mask a form of bondage opening the way for abuse of all kinds, and in particular preventing children from studying and exposing them to situations that endanger their health and development. Although the problem is not as widespread as the one mentioned by the ICFTU, the Committee is concerned at the use of child labour in hazardous work, particularly mines and quarries in the informal sector. It observes that Niger, like many other developing countries, is affected by child labour because of the poverty of the population and the expansion of the informal economy to the detriment of the formal sector. The Committee requests the Government to take the necessary steps to ensure that the national legislation to protect children against underground work in mines also applies to informal mining and quarrying.

Article 5. Monitoring mechanisms. In its observation of 2003 on the Labour Inspection Convention, 1947 (No. 81), the Committee noted that, like other administrative bodies of the State, the labour inspection services were affected by a lack of resources and the severe restrictions that had to be imposed on recruitment in order to meet the objective of controlling the wage bill. According to the Government, in 2004 the labour inspection service was to be allocated a larger share of the state budget allowing it to be improved. The Committee asked the Government to provide information on the measures taken or envisaged to step up the resources available to labour inspectors. The Committee notes from the information supplied by the Government that the planned increase in the budgetary allocation for the labour inspection services for 2004 did not take place. The Committee notes in this connection that, according to the mission report, site visits revealed that the labour inspectorate, which plays a key role in combating child labour and forced labour, lacks both the human and the material resources needed to perform its duties. The mission recommended a labour inspection audit to ascertain the exact nature and extent of the inspectorate’s needs. The Committee refers the Government to its observation under the Labour Inspection Convention, 1947 (No. 81), and hopes that the Government will take the necessary steps to implement the mission’s recommendation. The Government is asked to send information on this matter.

Article 7, paragraph 1. Sanctions. In its previous comments, the Committee asked the Government to send information on sanctions applied for the sale and trafficking of persons, begging and the use of children in hazardous work, particularly in mines and quarries. The Committee notes that, in June 2005, the Government representative informed the Conference Committee that no complaints having been filed in the courts, there had been no occasion to apply penalties. She further indicated that, notwithstanding government efforts in the legal sphere, the economic situation did not always allow standards to be applied effectively. The Committee notes that, in the additional information sent in November 2005, the Government repeats that no complaints have been lodged. However, the Committee notes from the mission report that it is difficult to apply the law on forced labour and the exploitation of children for economic and sexual ends. It reminds the Government that, according to Article 7, paragraph 1, of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. While noting that the economic situation does not always allow standards to be applied effectively, the Committee requests the Government to take the necessary steps to ensure the effective implementation and enforcement of penal sanctions that apply by law to the sale and trafficking of persons, begging and the use of children in hazardous work, particularly in mines and quarries. It also requests the Government to provide information on the application of sanctions in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the working of the education system. In its previous comments, the Committee noted that, according to the ICFTU, although compulsory education lasts six years, only 32 per cent of children of primary school age go to school. Furthermore, most girls are kept at home to work and are married very young. The literacy rate is 7 per cent for girls and 21 per cent for boys. The ICFTU provided a table showing that only 30.3 per cent of children between the ages of five and 12 years attend school. The Committee noted that, according to the Government, basic education is free in Niger and that there are vocational training centres in the country. It also noted the Government’s indication that for some years it had been focusing on the enrolment of girls and that several measures were under way for this group of the population. It likewise noted that a Ten-Year Education Plan had been adopted for the period from 2002 to 2012.

The Committee notes that, in her statement to the Conference Committee in June 2005, the Government representative said that the Government was still engaged in a major effort to develop schooling for children, but it was hampered by the country’s limited financial resources and strong demographic growth. She further indicated that the Government wanted to eradicate illiteracy. The Committee notes from the mission’s report that underlying the problem of child labour is the problem of children’s access to education and training that meets the needs of the labour market. Moreover, despite the Government’s endeavours in the area of education and its attempts to attain the objective of providing all children, by 2015, with the means to complete a full primary education cycle, the situation is still unsatisfactory. The mission also indicates that parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger. The Committee further notes that, according to the mission report, the education dispensed by Koran teachers leads to no diploma, which limits the children’s potential for entering the labour market in the future.

The Committee is deeply concerned at the low school enrolment rate and the extent of illiteracy. It notes the mission’s recommendation to the effect that the working of the education system needs to be improved to ensure access for all to education of a high standard. The Committee also notes that, in its report, the mission mentions that the Government is thinking about the possibility of integrating the Muslim religious schools into the national education system which would allow better supervision both of teachers and of the education provided. The Committee points out that education is one of the most effective means of combating child labour, particularly its worst forms. It therefore requests the Government to take the necessary steps to implement the mission’s recommendation and to improve the working of the education system in order to ensure that girls and boys have access to education of a high quality. Moreover, in view of the information that the mission gathered on children who are forced to beg, the Committee requests the Government to take the necessary steps to integrate the Muslim religious schools into the national education system.

2. Informing and educating the public about the problems of child labour and forced labour. The Committee notes that, in its report, the mission recommends measures to raise awareness and educate the public about the problems of child labour and forced labour, taking account of the gender dimension, because they affect the two sexes differently and because experience has shown that if women (mothers) are made aware, the impact on development is greater. The Committee also notes the mission’s suggestion that specific measures to raise awareness among teachers of the Koran and parents should be undertaken to prevent the instrumentalization of begging by certain marabouts. The Committee notes in this connection the information sent by the Government to the effect that, in cooperation with ILO/IPEC, PAMODEC, civil society (NGOs and associations) and leaders of public opinion (traditional chiefs and religious chiefs), it has conducted campaigns to raise awareness of the dangers of child labour for the future of families, the population and the country as a whole. The Committee notes that, according to the mission’s report, society in Niger is still very traditionalist. Much therefore remains to be done in terms of alerting the public to the problems of child labour and its worst forms. The Committee therefore encourages the Government to pursue its efforts to inform people of the dangers of child labour and its worst forms, by cooperating with the various government agencies, civil society in general and traditional chiefs. It also requests it to  provide information on measures taken in this regard.

3. Project in artisanal gold mines in West Africa. The Committee notes with interest that the Government is taking part in the ILO/IPEC project to prevent and eliminate child labour in artisanal gold mines in West Africa, in which the other participants are Burkina Faso and Mali. It notes from information available at the Office, that more than 1,500 children will be prevented from being engaged in artisanal gold mines. The Committee requests the Government to provide information on the number of children who are actually prevented from being engaged in this worst form of child labour following implementation of the abovementioned project in Niger.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, as part of the project to eliminate child labour from artisanal gold mines in West Africa, 1,500 children are to be withdrawn from these mines. The Committee requests the Government to provide information on the number of children actually removed from artisanal gold mines following implementation of the project in Niger. It also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of these children.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes with interest that the Government is already cooperating with ILO/IPEC and other specialized agencies of the United Nations and with some governments. It further notes that, on 27 July 2005, the Government signed a multilateral cooperation agreement to combat child trafficking in West Africa, the other signatories of which are: Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Nigeria and Togo. The Committee is of the view that, in order to combat the worst forms of child labour effectively, particularly the sale and trafficking of children, actions should be coordinated at a subregional level. It therefore asks the Government to provide information on the measures taken under the abovementioned multilateral cooperation agreement to cooperate with the other signatories with which Niger shares a border. Moreover, taking into account the desire expressed by the Government that ILO technical assistance and international cooperation be strengthened, the Committee calls on the ILO and member States to furnish such assistance, in conformity with Article 8 of the Convention.

2. Poverty reduction. The Committee notes the statement made by the Government representative to the Conference Committee in June 2005 that Niger has a poverty reduction strategy. It notes that, in its recommendations, the mission indicated that in order to combat poverty, the creation of decent and productive jobs must be at the core of any poverty reduction policy. The Committee therefore asks the Government to provide information on its poverty reduction strategy, particularly the effective reduction of poverty among children who are victims of the worst forms of child labour, particularly sale and trafficking, begging that uses children for purely economic ends and hazardous work in mines and quarries.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government’s statement that child labour is a development problem, poverty being its main cause, and that the remuneration obtained by children is an important contribution to the income of some poor families. Furthermore, child labour concerned the informal sector above all. The Committee had asked the Government to provide information on the application of the Convention in practice.

The Committee notes that, in its report, the mission refers to a lack of reliable data for quantifying accurately the extent and characteristics of child labour problems. The mission accordingly suggests that surveys should be carried out objectively and scientifically with the involvement of all concerned. According to information available at the Office, a diagnostic survey is under way in the urban areas of Maradi and Niamey and the rural areas of Kollo and Boboye, as is an exploratory study on the work of girls in mines and quarries. The Committee requests the Government to provide information on the results of these studies and on the way in which the Convention is applied in practice, including statistical data and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences reported, investigations conducted, prosecutions, convictions and penalties, as soon as such information is available. To the extent possible, the information should be disaggregated by sex.

The Committee raises other matters in a request addressed directly to the Government.