Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Forced or compulsory labour. Begging. The Committee previously noted the indication by the International Trade Union Confederation (ITUC) that children are forced to beg in West Africa, including Niger. For economic and religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years of age (talibé children). During this period, the children are entirely under the responsibility of the marabout, who teaches them religion and, in return, requires them to carry out certain tasks, including begging. The Committee noted that a National Observatory to Combat Begging had been established. It also noted the adoption of a circular addressed to the various judicial authorities, calling for sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age who habitually engage in begging, who cause others to beg or who knowingly make a profit from begging, to be strictly applied through the prosecution, without leniency, of any persons engaging in begging or using children for purely economic ends. In this regard, the Committee noted that there had been some cases of the arrest of marabouts presumed to use children for purely economic ends, but that in general they are released for lack of legal proof of their guilt.

The Committee notes the information provided by the Government that the National Agency to Combat Trafficking in Persons (ANTLP) has implemented a number of strategies to combat begging, including the dissemination of audiovisual sketches in all the national languages and the training of community media to understand the phenomenon. The ANTLP has also organized awareness-raising missions and advocacy meetings with local and customary authorities and marabouts in Agadez, Konni and Tahoua. In 2014, training seminars were organized for 30 magistrates from various courts throughout the country and for 30 judicial police officers. In addition, 60 traditional chiefs from Dosso, Tahoua and Tillabéry were made aware of begging and 60 marabout preachers will be trained to raise the awareness of the population through community radios. The Government indicates that it has engaged in an operation to identify and bring beggars installed on public roads back to their villages, and to facilitate their social and vocational rehabilitation. It also reports that section 97 of Ordinance No. 2010-086 provides for the establishment of a special compensation fund for victims that is managed by the ANLTP. However, the Government adds that there are enormous obstacles of a sociocultural nature, which may undermine the effective application of provisions criminalizing begging. While taking due note of the measures adopted by the Government, the Committee notes with concern that the statistics provided by the Government still do not report any convictions of marabouts who have used children for purely economic ends. The Committee once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out and sufficiently effective and dissuasive penalties imposed on marabouts who use children under 18 years of age for purely economic ends. In this regard, the Committee requests the Government to continue taking the necessary measures to reinforce the capacities of the law enforcement agencies. The Committee also requests the Government to continue taking effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify talibé children who are compelled to engage in begging, remove them from such situations and ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the progress achieved in this respect.

Clause (d) and Article 4(1). Hazardous work and the determination of hazardous types of work. Children working in mines and quarries. In its previous comments, the Committee noted that work by children in hazardous types of work, particularly in mines and quarries, exists in informal locations, that young children accompany their parents to informal sites and that they become involved in the production chain, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work on site or, in some cases tasks that are physically hazardous, for more than eight hours a day, every day of the week, running the risk of accident or disease. The Committee noted that the Minister of the Interior had issued a circular strictly prohibiting the employment of children in mines and quarries in the areas concerned, namely Tillabéri, Tahoua and Agadez, and that the Minister for Mining had received directions to take this prohibition into account when drawing up mining agreements. However, the Committee notes the Government’s indication that no convictions have yet been handed down in this respect. It further noted that the review and modification of the list of hazardous types of work had been undertaken at a workshop held in Ayorou on 2 and 3 July 2009 in collaboration with the technical ministries and the employers’ and workers’ organizations concerned. The Committee finally noted that, under the terms of section 107 of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, the list of types of work covered by this section, including hazardous types of work, and the categories of enterprises prohibited for children, shall be determined by regulation.

The Committee notes the Government’s indication that the new regulatory part of the Labour Code is under discussion in the Government and will take into account the issue of hazardous types of work. Noting with regret that the revised list of hazardous types of work has been under discussion since 2009, the Committee urges the Government to take immediate measures to ensure the effective application of the national legislation protecting children against underground work in mines and to provide information on the progress achieved in this regard. It also once again requests the Government to provide a copy of the amended list of hazardous types of work once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child had expressed concern at the number of children begging in the streets.

The Committee notes that the Government adopted a National Policy for the Integrated Development of Young Children (DIJE) and a Framework Document on Child Protection (DCPE) in 2013 enabling social protection entities to provide better care for young children. The Committee also notes the Government’s indication that the Judicial and Preventive Education Services (SEJUP) have been established to take responsibility for street children, where they are received by host families further to an order issued by a juvenile court. However, the Committee notes that, according to the 2015 report of the Special Rapporteur on contemporary forms of slavery (A/HRC/30/35/Add.1, paragraph 85), the number and human resources, including in terms of specialized skills, of the 34 SEJUPs seem to be insufficient and they are said to be more adapted to children in conflict with the law. The Special Rapporteur also notes that the Government has acknowledged that the number of street children in urban areas, particularly in Niamey, has reached alarming proportions and refers to an estimate of over 11,000 street children (paragraph 62). Observing that street children are particularly vulnerable to the worst forms of child labour, the Committee once again urges the Government to take effective and time-bound measures to protect them and to ensure their rehabilitation and integration in a targeted manner. It once again requests the Government to provide specific information on the results achieved.

2. Children in domestic work. The Committee notes the information provided by the Special Rapporteur on contemporary forms of slavery (A/HRC/30/35/Add.1, paragraphs 67–70), according to which a high number of economically active children are engaged in domestic work in Niger (58.2 per cent), with the rate being even higher for children between the ages of 5 and 11 years (65.5 per cent), who are mainly girls who leave rural areas to go to cities to escape poverty. The Special Rapporteur observes that these domestic workers are often subject to physical, verbal and sexual abuse and discrimination, are paid very little, if at all, work long days, can be physically and socially isolated and have no weekly rest period or vacations. Considering that child domestic workers are particularly exposed to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect children engaged in domestic work from the worst forms of child labour, provide the necessary and appropriate direct assistance for their removal from child labour and to ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved in this regard.

Application of the Convention in practice. In its previous comments, the Committee noted that, according to the findings of the National Survey on Child Labour (EMTE), 83.4 per cent of economically active children between the ages of 5 and 17 years, or 1,604,236 children, are engaged in types of work that are to be abolished. Of these, 1,187,840 children are involved in hazardous types of work and, as a result, 74 per cent of the children between the ages of 5 and 17 years engaged in types of work that are to be abolished do so under hazardous conditions. Expressing its deep concern at the situation of children under 18 years of age engaged in the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to ensure the protection of children from these worst forms of child labour in practice, and particularly from hazardous types of work. It once again requests the Government to provide information on the progress achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.