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

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

Article 1(1)(a) of the Convention. Discrimination based on gender. Sexual harassment. Definition and scope. Legislation. The Committee recalls that it previously emphasized that the definition and scope of the prohibition of sexual harassment provided for by the Labour Code of 2012 (section 45) are too narrow because they do not cover sexual harassment due to a hostile work environment or harassment committed by persons who do not exercise authority over the victim (work colleagues, clients, etc.). Noting the Government’s commitment to taking the Committee’s comments into account during the next revision of the Labour Code, the Committee once again asks the Government to take the necessary steps to extend the definition and prohibition of sexual harassment at work to include sexual harassment due to a hostile work environment and to broaden the scope of the persons to whom these provisions apply beyond individuals exercising authority. In the absence of information in this respect in the Government’s report, the Committee once again asks the Government to provide information on the provisions applicable in the public sector concerning sexual harassment at work.

Awareness and prevention measures. Complaints procedure and penalties. The Committee notes the Government’s indication that labour inspectors are continuing to raise the awareness among workers of the provisions of the Labour Code on sexual harassment and that 2,000 copies of the Labour Code, of which the dissemination among the social partners is continuing, have been published. The Committee also notes that the Penal Code (section 281(1)) imposes prison sentences and fines for quid pro quo harassment. The Committee wishes to recall that it considers that criminal proceedings are normally insufficient to eliminate sexual harassment, due to the sensitivity of the issue, the burden of proof, which is difficult to discharge, and the fact that they do not generally encompass the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee asks the Government to examine the possibility of providing remedies which enable victims to assert their rights effectively, taking into account the sensitivity of the issue and protecting victims and possible witnesses from reprisals. The Committee also asks the Government to intensify its efforts regarding prevention and awareness of sexual harassment in the workplace in all its forms. The Government is also asked to provide information on all cases of sexual harassment in employment and occupation that come before the courts.

Discrimination based on social origin. Former slaves and their descendants. Recalling that it periodically examines this issue under the Forced Labour Convention, 1930 (No. 29), the Committee notes the report published in July 2015 by the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, following her mission to Niger in November 2014, in which she notes that “former slaves and descendants of former slaves who do not live with their masters but remain tied to them, face social exclusion and violations of their human rights, including widespread descent-based discrimination”. According to the Special Rapporteur, the Government is committed to eradicating slavery and slavery-like practices, but faces a number of challenges “to address effectively the root causes of slavery, including poverty, inequality and customary norms that cause widespread discrimination against former slaves and their descendants and undermine efforts to create alternative livelihoods”. The Special Rapporteur also notes that former slaves and their descendants are denied equal economic opportunities, have limited access to basic social services and are, in some cases, denied the right to education. She adds that discrimination also affects land ownership (A/HRC/30/35/Add.1 30 July 2015). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) notes the Government’s statement that “reform of the Criminal Code and greater public awareness are needed in order to eradicate descent-based racial discrimination” (CERD/C/NER/CO/15-21, 25 September 2015, paragraph 10). The Committee welcomes the Government’s indications that it has made the necessary resources available for the acquisition of property (fields for crops and cattle) which will be offered to 400 persons from populations “descended from slaves” in the Tahoua region in order to enable them to engage in activities which will guarantee them income and autonomy. Referring to its 2016 observation on the application of Convention No. 29, the Committee notes that in 2016 the necessary steps were being taken to relaunch the National Committee for Combating the Vestiges of Forced Labour and Discrimination. In light of the above, the Committee asks the Government to take the necessary steps to combat the discrimination and stigmatization of which former slaves and their descendants are victims, including in relation to access to productive resources such as land, to enable them to find employment or carry out their activities freely. The Committee also asks the Government to intensify its efforts to provide the National Committee for Combating the Vestiges of Forced Labour and Discrimination with the means to become operational and to successfully implement awareness-raising measures on discrimination and its root causes and measures to promote equality. The Government is asked to provide information on any action taken in this respect and the outcomes achieved.

Article 2. National policy on equality of opportunity and treatment. The Committee recalls that, under the terms of Article 2 of the Convention, States which have ratified it must 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 on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The implementation of such a policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraph 848). The Committee asks the Government to provide information on any equality policy that is declared and implemented at the national level.

Equality of opportunity and treatment for men and women. Education and vocational training. Employment and occupation. With regard to the access of girls to and their retention in education, the Committee notes the Government’s indication that several measures have been taken to encourage poor families to enrol and keep their children in school: the ongoing development of the National Policy for the Education and Training of Girls, the creation of an inter-ministerial working group for the enrolment of girls and the establishment of school canteens. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the disproportionately low school enrolment rates for girls, in particular those from rural areas (including the Diffa, Zinder, Tillabéri and Tahoua regions), nomadic populations, poor families, girls who are victims of slavery or descendants of slaves, and girls with disabilities. The CEDAW also expresses concern at the extremely low completion and high repetition rates of girls, in particular due to child marriage, early pregnancy and the preference for sending boys to school (CEDAW/C/NER/CO/3-4, 24 July 2017, paragraph 28). The Committee recalls the adoption of the National Gender Policy (PNG) and its Ten year Plan of Action 2009–18. It notes the adoption of several implementing measures: the creation in all ministries of gender units, composed of trained persons with different levels of responsibility; the adoption of Act No. 2014-64 of 5 November 2014, amending and supplementing Act No. 2000-008 of 7 June 2000 which introduced the quota system for elected positions in Government and the administration, increasing the quota from 10 to 15 per cent; the adoption of Decree No. 2015-524/PRN/MP/PF/PE of 2 October 2015 on the creation, functions, organization and operation of the National Gender Promotion Observatory (ONPG) and the adoption of the texts appointing its permanent secretary and members. The Government indicates that the Observatory was established in January 2016 and was made responsible for developing an action plan. The Committee also notes the concerns expressed by CEDAW that very few women (3 per cent in 2012) are employed in the formal sector and covered by social protection, and that women are concentrated in low-paid domestic work where they are often exploited, exposed to precarious working conditions and subject to abuse by their employers (CEDAW/C/NER/CO/3-4, paragraph 30). The Committee asks the Government to continue providing information on the specific steps taken to encourage the enrolment and retention of girls in school and to identify the measures taken to overcome the obstacles to the schooling of girls at all levels, including stereotypes and prejudice related to gender, and to enable them to have access to a wide range of jobs and occupations. Taking into account the low literacy and formal employment rates of women, the Committee also asks the Government to take the necessary steps, through the PNG or in any other manner, to ensure better vocational training for women, leading to formal, higher skilled and better paid jobs and, more generally, to encourage the employment of women and promote equality between men and women in employment and occupation. The Committee asks the Government to provide information on the activities undertaken by the ONPG for the promotion of gender mainstreaming in education, vocational training and employment.

Article 5. Special protection measures. Restrictions on the employment of women. The Committee once again asks the Government to take the necessary steps to amend section 109 of the Labour Code on the work prohibited for women and pregnant women during a future revision of the Labour Code in order to ensure that its provisions are explicitly and solely intended to afford protection for maternity, and not women in general. Also noting that a draft decree to implement the Labour Code is currently being formulated, the Committee once again asks 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 made in terms of occupational safety and health in general.

Persons with disabilities. The Committee notes the detailed information provided by the Government on the legal framework applicable to persons with disabilities, highlighting the practical difficulties encountered in their application, such as insufficient resources and lack of awareness of the legislation setting out the rights of these persons. Noting the Government’s recognition that it is necessary to intensify awareness raising and advocacy efforts to combat discrimination, the Committee asks it to provide information on any measures introduced in this respect, specifically regarding the employment of persons with disabilities. The Committee also asks the Government to provide any available information on the implementation of the 5 per cent employment quota for persons with disabilities in the public and private sectors and the establishment in practice of the National Committee for the Advancement of Persons with Disabilities, and information on its activities to combat discrimination and promote equality.