Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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. In its previous comments, the Committee requested the Government to indicate the legislative provisions which ensure that the following categories of workers enjoy the rights guaranteed by the Convention: judges; senior lecturers in universities and similar institutions; staff of administrations, services and public establishments of the State that are industrial or commercial in nature; staff of customs, water and forestry services; and staff of the National School of Administration and Legal Service Training; local authorities and the parliamentary administration. The Committee notes the Government’s indication that article 9 of the Constitution of 10 November 2010 allows, inter alia, trade unions to be formed and to conduct their activities in full freedom in accordance with the laws and regulations in force. The Government adds that the staff members who are not covered by the provisions of the Labour Code and the General Public Service Regulations have formed trade unions, and it also refers to the Autonomous Trade Union of Judges of Niger (SAMAN), the National Trade Union of Senior Lecturers (SNECS), the National Trade Union of Customs Officials (SNAD) and the Trade Union of Teachers and Permanent Staff Members of the National School of Administration (SEENA). The Committee requests that the Government continue to provide information on all the categories of public sector workers listed above and to indicate whether any legislative provisions or regulations modify or limit the ability of public sector workers to enjoy the rights and guarantees under the Convention.

Article 3. Right to elect trade union representatives in full freedom. In its previous comments, the Committee noted that, under section 190 of the Labour Code, members responsible for the administration or leadership of a trade union must, inter alia, be in possession of their civic rights and requested the Government to specify the nature of these rights to ensure that this requirement does not impede the right of the organizations to elect their trade union leaders in full freedom. The Committee notes the Government’s indication that the purpose of this requirement is not to restrict the autonomy of trade union organizations, but rather to restrict the access to trade union office of persons convicted of crimes or offences, persons who have failed to comply with a summons to appear in court and persons deprived of legal capacity. The Committee recalls that conviction for an act, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties, should not constitute grounds for disqualification from trade union office (see General Survey of 2012 on the fundamental Conventions, paragraph 106). The Committee requests the Government to indicate the legislative provisions that establish the crimes and offences for which conviction results in ineligibility for trade union administration or leadership duties, and to specify the circumstances in which a person may be declared to be deprived of legal capacity.

Compulsory arbitration. In its previous comments, the Committee requested the Government to provide further details on whether parties to a dispute may object to an arbitration award and the consequences of such objection. The Committee notes the Government’s indication that there are two ways to contest an arbitration award: (i) by objecting to the award within two days of the parties’ notification of the award, in accordance with section 331 of the Labour Code; and (ii) by applying, once the award is enforceable, to the judicial chamber of the Court of Cassation for the award to be set aside on the grounds of lack of jurisdiction or violation of the law, in accordance with section 335 of the Labour Code. The Government adds that contesting an arbitration award does not carry any consequences for the applicant party. The Committee regrets that the Government does not provide any additional information on the procedure for objecting to awards established in section 331 of the Labour Code. Recalling that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike, in the absence of an agreement by the parties, is only acceptable when the strike in question may be restricted, or even prohibited, that is: in the case of disputes concerning public servants exercising authority in the name of the State; in conflicts in essential services in the strict sense of the term; or in situations of acute national crisis (see General Survey on the fundamental Conventions, 2012, paragraph 153), the Committee requests the Government to indicate the procedure that follows the filing of the written objection to the award with the labour inspectorate, in accordance with section 331(2) of the Labour Code, including any additional time limits imposed as part of the procedure and whether the two-day limit may be extended or waived in exceptional circumstances.