Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(1)(a) of the Convention. Sexual harassment. With reference to its observation, the Committee notes that Act No. 2012-45 of 25 September 2012 issuing the Labour Code has introduced into the labour law in Niger provisions explicitly prohibiting “sexual harassment in the context of work, through abuse of authority, for the purpose of obtaining favours of a sexual nature from another person” (section 45). The Committee however recalls that, to be effective, the prohibition of sexual harassment must not only cover behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context. The Committee requests the Government to take the necessary measures to extend the definition and prohibition of sexual harassment to sexual harassment due to a hostile working environment and to broaden the scope of the persons to whom these provisions apply beyond individuals exercising authority. The Committee also encourages the Government to take measures to raise awareness of the provisions of the Labour Code with respect to sexual harassment and the remedies available to victims. It requests the Government to provide information on the following points:

• (i) the specific measures taken, in collaboration with employers’ and workers’ organizations, to prevent and combat harassment in employment and occupation,
• (ii) the procedures and penalties applicable in the case of sexual harassment; and
• (iii) the provisions applicable in the public sector.

Article 2. Implementation of a national equality policy. The Committee notes that the Government no longer refers in its report to the Plan of Action for the Elimination of Discrimination in Employment and Occupation, which had been finalized in 2009, but had not been adopted. However, it refers to the adoption in 2011 of the National Employment Policy, the objectives of which include promoting the employment of vulnerable categories of persons, such as women, young persons and persons with disabilities. The Committee recalls that it is incumbent upon States which have ratified the Convention to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The implementation of such a policy requires the adoption of a range of specific measures, which generally include legislative and administrative measures, collective agreements, public policies, affirmative action, dispute resolution machinery, enforcement machinery, specialized bodies, practical programmes and awareness-raising activities. In this context, with reference to its 2013 observation on the application of the Forced Labour Convention, 1930 (No. 29), the Committee regrets that, according to the Government’s report, the National Committee to Combat the Vestiges of Forced Labour and Discrimination is no longer operational. The Committee requests the Government to indicate whether it is still planned to adopt the Plan of Action for the Elimination of Discrimination in Employment and Occupation, which had been validated in 2009, or whether other measures are envisaged to declare and pursue a national equality policy. Please provide information on the progress achieved in this respect, particularly with regard to the measures taken for the benefit of vulnerable categories of persons and the measures intended to eliminate discrimination against the descendants of slaves.

Equality of opportunity and treatment for men and women. In its previous comment, the Committee emphasized the low proportion of women in public and private employment. The Committee notes that, according to the analysis of the gender situation in Niger contained in the National Gender Policy (PNG) adopted in 2008, the educational level of women is very low and only a small proportion of women manage to overcome the multiple socio-cultural barriers to gain access to training and to the minimum level of vocational qualifications required to obtain paid employment. This analysis also emphasizes the existence of inequality of status and social position in the family and in society and of “hidden discrimination” in recruitment and appointments to various types of jobs. The PNG includes a vast programme of awareness-raising for equality of opportunity and treatment with a view to combating prejudices and attitudes relating to the position of women in the family and in society, and the development of strategies to reinforce the effective participation of women in all sectors of activity and their access to the means of production and to economic opportunities. It also envisages the establishment of a technical monitoring and evaluation committee and the creation of a Gender Promotion Observatory (ONPG). Noting this information, the Committee requests the Government to provide detailed information on the measures taken or envisaged to implement the PNG, particularly with respect to the access of girls and women to education and to vocational training, and especially the promotion of girls to remain in school, as well as on the impact of these measures on the situation of women in paid employment and the various occupations. The Government is also requested to indicate whether the monitoring and evaluation body and the Gender Promotion Observatory have been established and, if so, to provide information on their respective activities.

Article 5. Special protection measures. Restrictions on the employment of women. The Committee regrets to note that section 109 of the new Labour Code reproduces the provisions of the former Labour Code (section 101) in the same terms under which decrees shall be issued to determine “the nature of the work prohibited for women and pregnant women”. In its previous comments, the Committee emphasized on several occasions that such restrictions on the employment of women go beyond what is strictly necessary to protect maternity and pregnant and nursing women. As the objective is to repeal discriminatory protective measures applicable to the employment of women, the Committee draws the Government’s attention to the fact that it is necessary to examine other measures, such as better protection for the health of men and women, security and adequate transport, and better access to social services, which would be necessary to enable women to have the same opportunities as men to gain access to such jobs. The Committee requests the Government to take the necessary measures to amend section 109 of the Labour Code so as to ensure that its provisions are explicitly and solely intended to afford protection for maternity, and not to women in general. Noting that a draft decree to implement the Labour Code is currently being formulated, the Committee requests the Government to ensure that the provisions setting out protection measures for women are strictly limited to the protection of maternity and that the list of prohibited types of work is reviewed periodically in the light of technical developments, technology and the improvements achieved in terms of occupational safety and health in general.

Affirmative action. The Committee notes the measures adopted to improve the access of nomadic communities to education and the material and financial support granted to rural populations, and particularly women, for income-generating activities. It also notes the Government’s reference to the quota for the employment of persons with disabilities set out by law in the public service and in the private sector, although information has not been provided on its implementation in practice. The Committee requests the Government to continue providing information on the affirmative measures taken for certain groups of the population with a view to achieving genuine equality, and on the application in practice of the quota of 5 per cent of jobs for persons with disabilities in the public and private sectors.