Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Niger (Ratification: 1961)

Article 2 of the Convention. Scope of application. The Committee notes that section 2 of Act No. 2012-045 of 25 September 2012 issuing the Labour Code of the Republic of Niger (Labour Code) does not apply to persons appointed as permanent officials within the public administration but that, according to the Government’s indication, public service employees and the staff of public enterprises enjoy the right to establish and join a trade union (sections 14 and 15 of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations guarantee the right to organize and the right to strike of public service employees). However, the Committee observes that section 41 of Act No. 2007 26 excludes certain categories of persons from its scope of application, namely: magistrates, lecturers and researchers in universities and similar institutions, staff of administrations, services and public establishments of the State that are industrial or commercial in nature, staff of the customs, water and forestry services, and staff of the National Academy of Administration and Magistracy, territorial communities and the parliamentary administration. Noting the information provided by the Government under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which indicates that these categories of workers are governed by autonomous regulations which give effect to the rights guaranteed by the Convention, the Committee understands that even though the notified laws govern the conditions of work of particular categories of workers, they do not appear to cover the rights guaranteed by the Convention. The Committee requests the Government to indicate the legislative provisions which ensure that the abovementioned categories of workers enjoy the rights guaranteed by the Convention.

Article 3. Right to elect trade union representatives in full freedom. The Committee observes that, under section 190 of the Labour Code, members responsible for the administration or management of a trade union must be nationals of Niger and possess their civic and political rights in accordance with the applicable provisions of the legislation on elections; otherwise, foreign nationals who have been residing regularly in the territory of Niger for at least three years may also have access to administrative and managerial posts provided that they possess the abovementioned rights (this period is not applicable to nationals of States that have concluded agreements stipulating reciprocity in trade union matters or having national legislation authorizing access for foreign nationals to trade union office without three years’ previous residence). Recalling that the autonomy of workers’ organizations can only be truly guaranteed if their members have the right to elect their representatives in full freedom and that the public authorities should, therefore, refrain from any interference that might impede the exercise of this right, the Committee requests the Government to specify the civic and political rights that individuals must possess in order to have access to the administration or management of a trade union and to ensure that this requirement does not impede the right of organizations to elect their trade union leaders in full freedom.

Compulsory arbitration. The Committee notes that, under sections 326, 327 and 328 of the Labour Code, in the event of disagreement at the outcome of the conciliation phase of a collective labour dispute, if the workers intend to pursue the dispute, they are required to give the employers notice of any strike action and to inform the labour inspector accordingly. In the absence of an agreed arbitration procedure, the labour minister may decide to submit the dispute to an arbitration board established for this purpose composed of members appointed by the minister. Section 331 also provides that if no party has expressed opposition after two days following notification of the arbitration award, the latter shall be enforced. The Committee observes that during its previous examination of the Labour Code in the context of the Collective Bargaining Convention, 1981 (No. 154), it noted the Government’s statement that, in the event of opposition within the set deadline, the file is referred by the labour minister to another arbitrator or arbitration board after verification of the merits of the opposition and that, in any case, no decision is enforceable on the mere wishes of one party. The Committee recalls that compulsory arbitration to put an end to collective labour disputes or strikes, in the absence of agreement by the parties, is only acceptable if the strike in question may be the subject of restriction or even prohibition, namely in the context of disputes concerning officials who exercise authority in the name of the State, disputes arising in essential services in the strict sense of the term, or situations of acute national crisis. The Committee requests the Government to provide further details regarding the possibility of parties to the dispute to oppose an arbitration award and the consequences of such opposition, and to take the necessary steps to ensure that the possible use of arbitration to put an end to collective labour disputes and strikes, respects the abovementioned principles.