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

Minimum Age Convention, 1973 (No. 138) - Niger (Ratification: 1978)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the Government’s report, and the detailed discussions held in June 2014 at the 103rd Session of the Conference Committee on the Application of Standards regarding the application by Niger of the Convention.

Article 2(1) of the Convention. Scope of application and application of the Convention in practice. In its previous comments, the Committee noted that the Labour Code did not apply to types of employment or work performed by children outside an enterprise, such as work performed by children on their own account. In addition, the Committee noted that 50.4 per cent of children between 5 and 17 years of age are working in Niger (that is about 1,922,637 children). Of these children, 1,187,840 are involved in hazardous types of work.

The Committee notes the comments made by the Worker and Employer members during the Conference Committee, which called upon the Government to focus all its attention on the issue of child labour in Niger. To this end, the Workers strongly urged the Government to establish an action plan in close cooperation with the social partners, which would give priority in particular to the elimination of child labour, especially in hazardous work. The Conference Committee, while noting the difficulties the Government faced in monitoring the informal sector, called on the Government to take the necessary measures to extend the scope of application of the Labour Code to this sector. It also called on the Government to strengthen labour inspection capacity in the informal economy and to broaden the scope of its activities, and to ensure that routine inspections are conducted so as to impose penalties on those found in breach of the Convention.

The Committee notes the Government’s indication that child labour exists principally in the informal sector. It notes the adoption of the new Labour Code of Niger of 25 September 2012 through Act No. 2012-45, but that the application of this new Code does not extend to self-employment or to work in the informal economy. The Committee notes the Government’s indication that labour inspectors are not prevented from intervening in the informal economy. However, they face difficulties in detecting child labour in this sector due to the complexity of the phenomenon and the inadequacy of their means of action. In this respect, the Ministry of Labour has equipped all labour inspection units with a vehicle and increased their budgets. The Government indicates that only the direct intervention of labour inspectors, in cooperation with the communities and other actors in the informal sector, will make it possible to eliminate child labour. To that end, the Government states that it is prepared to create the conditions necessary to carry out an institutional audit of labour inspection and to propose actions to strengthen labour inspection capacities in the informal economy.

The Committee also notes that the National Statistical Institute (INS), with the support of the technical and financial partners, conducted a national survey on employment and the informal sector in October and November 2012. The objective of the survey was to gather information in order to determine relevant indicators for the follow-up of public employment policies, to initiate the implementation of a reliable survey procedure on employment and the informal sector, and to build national capacity relating to the development, collection and analysis of data on employment and the informal sector. This study is currently being approved.

While noting the measures taken by the Government, the Committee must express its concern at the number of children who have not reached the minimum age for admission to employment or work of 14 years who are compelled to work, often in hazardous conditions. The Committee urges the Government to intensify its efforts to combat and progressively eliminate child labour in the country, in particular in the informal economy, especially by preparing and adopting an action plan to this end in cooperation with the social partners and by continuing to build labour inspection capacity and training so as to enhance its direct interventions in the informal economy. The Committee requests the Government to provide in its next report the results of the INS survey on the informal economy and information on the impact of this survey on labour administration activities to benefit children working in the informal sector in Niger.

Article 2(3). Compulsory schooling. Further to its previous comments, the Committee notes the Worker members’ comments during the Conference Committee, according to which, while access to education has improved in Niger with an increase in the enrolment rate from 76.1 per cent in 2011 to 79.1 per cent in 2012, the rate of pupils completing primary school, at 55.8 per cent in 2012, remains relatively low. The Committee observes that the Conference Committee noted with concern that the low enrolment rate and high drop-out rate still affect many children in Niger. Emphasizing the importance of free, universal and compulsory education to prevent and combat child labour, the Conference Committee urged the Government to strengthen its education system, particularly by taking the necessary measures to ensure access to free basic education for all children under the minimum age, with the objective of preventing children under 14 years of age from working and of decreasing the school drop-out rate.

The Committee notes the Government’s information that it has adopted the sectoral programme on education and training (PSEF) 2014–24, which is an implementation strategy document. The PSEF is based on three strategic pillars, namely: a focus on activities to be performed at the local level by increasing the responsibility of teaching teams and school management committees; the recruitment of women teachers in rural areas to promote the schooling of young girls; and the implementation of incentive measures for mothers, in particular subsidies for income-generating activities to reduce the direct costs of enrolling girls in school. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to pursue its efforts and to take measures to increase the school attendance rate and to reduce the school drop-out rate, particularly for girls, with a view to preventing children under 14 years from age from working. The Committee asks the Government to provide information in its next report on the impact of the PSEF in this regard and on the results obtained.

Article 3(3). Authorization to employ children in hazardous work from the age of 16 years. In its previous comments, the Committee noted that, in certain types of hazardous work, Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age. It also noted that health and safety committees are established in enterprises and that they are responsible for training and awareness raising on safety. The Committee requested the Government to provide information on the manner in which the health and safety committees ensure that the work performed by young persons does not jeopardize their health and safety.

The Committee notes that the Conference Committee expressed its concern at the information provided by the Government that the health and safety committees rarely detect cases of hazardous child labour when carrying out their activities. The Conference Committee strongly encouraged the Government to ensure that the health and safety committees organize awareness-raising activities and training in order to ensure that the working conditions of young persons do not endanger their safety and health, or their well-being.

The Committee notes with concern the Government’s indication that the labour inspectorate has not recorded any offences concerning work performed by young persons. The Government indicates that this is explained partly by the fact that child labour exists mainly in the informal sector. The Committee notes that at the Conference Committee the Government representative indicated that it was also rare to identify child workers because the health and safety committees are established only in enterprises with more than 50 employees. However, the Government indicates that Decree No. 365/MFT/T/DSST of 16 March 2012 established a national coordination unit, which led to various activities relating to the training of health and safety committee members, participation in the activities of the month on preventing occupational risk, capacity building of committee members, visits to enterprises together with labour inspectors, and the development and adoption of a three-year action plan (2013–15). The Committee requests the Government to intensify its efforts to ensure that the health and safety committees within enterprises oversee that the working conditions of young persons from 16 to 18 years of age do not jeopardize their safety and health, in accordance with Article 3(3) of the Convention. It urges the Government to provide information on the measures taken regarding the protection of the safety and health of young persons performing hazardous work authorized by Decree No. 67-126/MFP/T of 7 September 1967 in enterprises with fewer than 50 employees, in which the health and safety committees are not established.

Noting the difficulties faced by the Government, the Committee requests the Office to provide technical assistance in this regard.