Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Niger (Ratification: 1962)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that it has noted its comments on section 42 of the draft Labour Code concerning sexual harassment and that measures will be envisaged to combat this practice. The Committee requests the Government to take the necessary measures to extend the definition and prohibition of sexual harassment at work that is currently set out in the Labour Code to include sexual harassment due to a hostile work environment. It also requests the Government to indicate the tangible measures taken, in collaboration with employers’ and workers’ organizations, with a view to preventing and combating harassment in employment and occupation.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. The Committee notes with interest the adoption of Act No. 2007-08 of 30 April 2007 on the prevention, treatment and control of the human immunodeficiency virus (HIV), of which Chapter VII contains provisions prohibiting: (i) any discrimination against persons on account of their real or supposed seropositive status, as well as against their family (section 29); (ii) employers in the public, para-public and private sectors from requiring an HIV test for recruitment (section 30); and (iii) the dismissal of a worker “on the grounds of being a person living with HIV” (section 31). The Committee requests the Government to provide information on the application in practice of the anti-discrimination provisions of Act No. 2007-08, with an indication of the measures taken to improve awareness of and compliance with the provisions of the Act, as well as any cases of discrimination based on HIV and AIDS status brought to the attention of labour inspectors and the courts.

Article 2. Implementation of a national equality policy. The Committee notes that, according to the information provided by the Government, the plan of action for the elimination of discrimination in employment and occupation was validated in 2009, but has still not been adopted. The Committee requests the Government to provide information on any progress achieved in the adoption of the plan of action and to indicate any measures adopted, in collaboration with workers’ and employers’ organizations, in the context of the plan or of the national employment policy with a view to promoting equality of opportunity and treatment in employment and occupation, particularly with regard to the most vulnerable elements of the population and minority groups, without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Equality of opportunity and treatment of men and women. In its report, the Government provides a very general indication that significant progress has been achieved in relation to the integration of women into “active life” and that, under the terms of Act No. 2000–08 of 7 June 2000 introducing the quota system in elected posts in Government and in the administration, the number of women in positions of responsibility, and within the Government has increased considerably. The Committee notes the statistical data on the formal economy contained in the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), according to which, in the para-public and private sectors, women represent 27 per cent of a total of 54,010 employees in all professional categories (2007 Statistical Yearbook of the National Employment Agency). The Committee also notes that, in the public sector, as of 30 September 2010, women represented 30 per cent of employees; 20 per cent of category A officials; 34 per cent of category B officials; 38 per cent of category C officials; and 60 per cent of category D officials. The Committee notes that these figures show not only that the proportion of women remains fairly low, both in the private and the public sectors, but also that in the public service women are concentrated in the lowest categories (C and D). The Committee requests the Government to provide precise and detailed indications of the measures adopted or envisaged to promote the access of women to employment and to the various occupations, including those traditionally exercised by men, for example in the context of the ten-year plan of action (2009–18) for the implementation of the national gender policy adopted in 2008. It requests the Government to provide information, including statistical data, on the impact of the measures adopted on the situation of women in employment in the public and private sectors, including those in positions of responsibility, and on any obstacles which may be encountered. Please provide a copy of the National Gender Policy document and its plan of action.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee notes the Government’s statement that the protective measures envisaged in section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 are exclusively intended for the protection of pregnant and nursing women. However, with a view to removing any legal uncertainty or any risk of erroneous interpretation, the Committee once again requests the Government to take the necessary measures, in the context of the current revision of the labour legislation, to ensure that the provisions of the Labour Code and of the above Decree of 1967 apply specifically to and solely for the protection of pregnant or nursing women, and not to women in general.

Affirmative action. The Committee notes the State’s commitment to recruiting 3,000 young graduates, including 150 young persons with disabilities, in the public service, and notes with interest that 116 persons with disabilities have already been recruited. The Committee asks the Government to continue providing information on the affirmative action taken to promote the access of persons with disabilities to employment and to the various occupations, both in the public and in the private sectors. It also requests the Government to indicate any other affirmative action taken to facilitate the access to education, vocational training, employment and the exercise of traditional economic activities of other vulnerable groups of the population, including nomadic communities.

National institution. The Government indicates in its report that the State of Niger, through the National Commission to Combat the Vestiges of Forced Labour and Discrimination, has carried out several awareness-raising campaigns among the population. While noting this information, the Committee requests the Government to provide precise information on the activities and tangible measures taken by the National Commission to Combat the Vestiges of Forced Labour and Discrimination, as well as on the groups targeted, with specific reference to employment and the various occupations.