Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Definition and scope of application. Legislation. In its previous comments, the Committee emphasized that the definition and scope of the prohibition on sexual harassment established by the Labour Code of 2012 (section 45) were too narrow, since they covered neither hostile work environment sexual harassment nor harassment committed by persons who do not exercise authority over the victim (work colleagues, clients, etc.), and asked for these provisions of the Labour Code to be amended and for information to be supplied on the provisions applicable to the public sector concerning sexual harassment. The Committee notes that the Government merely indicates that a code of ethics and conduct in which harassment is strictly prohibited is being drawn up at the High Commission for Modernization of the Administration. The Committee is bound to request the Government once again to take the necessary steps to extend the definition and prohibition of sexual harassment to include hostile work environment sexual harassment and to expand the scope of application of these provisions beyond persons exercising authority. With regard to the public sector, the Committee requests the Government to send a copy of the relevant provisions of the future Code of ethics and any other provisions applicable to the public sector.

Sexual harassment. Prevention and awareness-raising measures. Complaints procedure and penalties. The Committee notes that the Government’s report does not contain any information on this point. However, it notes the adoption in September 2017 of the “National strategy for preventing and responding to gender-based violence (2017–21)”. This strategy does not specifically address the question of sexual harassment in employment and occupation but it provides, inter alia, for studies to be carried out on the scope, causes and consequences of gender-based violence in learning and work environments. The Committee once again draws the Government’s attention to the importance of establishing a complaints procedure to enable victims to assert their rights effectively, taking account of the sensitive nature of this issue and protecting the victims and any witnesses from reprisals. The Committee once again requests the Government to: (i) intensify its efforts, in collaboration with workers’ and employers’ organizations, to prevent and raise awareness of all forms of sexual harassment in employment and occupation, as part of the “National strategy for preventing and responding to gender-based violence” or in any other appropriate manner; (ii) provide a copy of the conclusions of the planned studies on gender-based violence in learning and work environments; and (iii) provide information on any cases of sexual harassment in employment handled by the labour inspectorate or the courts.

Discrimination on the basis of social origin. Former slaves and their descendants. In its previous comment, particularly on the basis of its comments on the application of Forced Labour Convention, 1930 (No. 29), and on the 2015 report of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/30/35/Add.1, 30 July 2015), the Committee asked the Government to take the necessary steps to combat the discrimination and stigmatization to which former slaves and the descendants of slaves are exposed, including in access to productive resources such as land, to enable them to find employment or carry out their activities freely. The Committee notes that the Government refers to the “Support project to combat forced labour and discrimination (PACTRAD)”, which was implemented from 2006 to 2008 and was followed by a second phase covering the January 2014–March 2016 period (PACTRAD II). It indicates that training workshops and advocacy activities have been organized in this context. In this regard, the Committee refers to its detailed comments on the application of Convention No. 29, in which it emphasizes, inter alia, training and awareness-raising activities, debates and public conferences, especially under the PACTRAD II cooperation project, organized especially for traditional chiefs, journalists from the public and private press, university circles and the National School of Administration, in order to promote a change in mentality and behaviour. Measures have also been taken by the Government in the field of education for children who are the descendants of slaves and in the field of civil rights in areas where communities containing descendants of slaves are established, in order to promote their emancipation and combat their marginalization. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 4 June 2018, expresses concern at descent-based discrimination against former slaves and their descendants (E/C.12/NER/CO/1, paragraph 20). Noting the Government’s desire to tackle the deep-seated causes of discrimination based on social origin, particularly by focusing on the education of children and on awareness-raising for decision-makers and the public on this matter, the Committee requests the Government to continue taking measures to combat discrimination and stigmatization against former slaves and their descendants, 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 requests the Government to continue providing information on any measures taken in this regard in the fields of education, training and employment and the results achieved.

Article 2. Equality of opportunity and treatment for men and women. Education and vocational training. Employment and occupation. The Committee welcomes the numerous legal and practical measures adopted by the Government to continue promoting genuine equality between boys and girls – men and women – in education and vocational training, and especially those taken to promote the enrolment of girls in school and to maintain their attendance. In this regard, it notes: (1) the adoption of Decree No. 2017-935/PRN/MEP/APLN/MES of 5 December 2017 concerning the protection, support and guidance of girls in school education; (2) the adoption in 2017 of the “National strategy for the economic autonomy of women” and its five-year action plan for 2017–21 and the setting up of a special structure to promote women’s entrepreneurship; (3) the adoption of the “National fast-track education and training strategy for girls and women (SNAEFFF)”; and (4) the revision of the “National gender strategy (PNG)” in 2017. The Government indicates that it also organized discussion round tables to bring religious and traditional leaders on board regarding the promotion of schooling for girls at the regional and departmental levels. It adds that it created the “International handicraft salon for women (SAFEM)” aimed at creating greater autonomy for craftswomen. The Committee notes this information and the information on the activities of the National Gender Promotion Observatory, particularly its 2018 study on the effectiveness of the Act concerning quotas for appointments of women to senior civil service positions (25 per cent of individual appointments), the results of which were forwarded to the Government, various institutions and civil society. In this regard, the Committee notes that, according to the data provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), women account for 37 per cent of total staff numbers in the public service and 25.7 per cent of “category A” officials. Welcoming the Government’s commitment to promoting gender equality in education, training and employment, the Committee requests the Government to pursue its efforts and continue taking steps to ensure school enrolment and ongoing attendance for girls, with a focus on combating gender-related stereotypes and prejudice, and to enable their access to a wide range of jobs and occupations, especially through targeted actions in the area of vocational guidance. Taking into account the low formal employment rates of women and the disproportionate impact of the current global health crisis on the employment of women, the Committee once again asks the Government to take the necessary steps, through the revised PNG or in any other manner, to ensure better vocational training for women, leading to higher skilled and better paid formal jobs and, more generally, to encourage the employment of women, whether as waged employees or in self-employment, in all sectors of the economy, and to ensure their access to productive resources such as land and credit. The Committee also requests the Government to provide information on the results of the study on the effectiveness of the Act concerning quotas in senior civil service positions and on any new affirmative action measures taken or contemplated to enable more women to have access to managerial positions in the public service, such as the planned quota modification from 25 to 30 per cent.

Article 5. Special protection measures. Restrictions on the employment of women. In its previous comments, the Committee asked the Government to take the necessary steps to amend section 109 of the Labour Code concerning types of work prohibited for women and for pregnant women. The Committee notes that sections 177 and 179, adopted pursuant to section 109, of the regulatory section of the Labour Code, adopted on 10 August 2017 by Decree No. 2017-682/PRN/MET/PS: (1) state that “no employer, within the meaning of section 3 of the Labour Code, may employ women in work which, by its nature or the conditions in which it is performed, is likely to harm their reproductive capacity”; and (2) prohibits the employment of women in “transportation [of goods] using pedal tricycles”. The Committee recalls that the principle of equality between men and women requires that protection measures do not have the effect of excluding women from certain occupations owing to stereotypical assumptions regarding their role and capabilities or what is “suitable to their nature”. Specifically regarding section 177 referred to above, the Committee emphasizes, in its 2012 General Survey on the fundamental Conventions, that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health, including reproductive health, and safety of both men and women, while taking account of gender differences with regard to specific risks to their health. The Committee also emphasizes that the list of types of work prohibited because of the danger they pose to reproductive health, pursuant to section 109 of the Labour Code and section 177 of its regulatory section, should be determined on the basis of the results of an assessment showing that there are specific risks to the reproductive health of women and, if applicable, of men. The Committee therefore requests the Government to indicate the criteria used for establishing the list of types of work prohibited for women on account of the danger they pose to their reproductive health and to provide a copy of this list after it has been adopted. The Committee also requests the Government to consider the possibility of amending the Labour Code and its regulatory section so as to ensure that the provisions relating to the protection of reproductive health are extended to male workers and that they do not represent obstacles to the employment of women in certain occupations and sectors. The Committee also requests the Government to indicate the reasons why the employment of women in “transportation [of goods] using pedal tricycles” is prohibited and to what extent this ban constitutes a protection measure within the meaning of Article 5 of the Convention.

Affirmative action. Persons with disabilities. The Committee recalls that it asked the Government to provide information on any measures taken regarding the employment of persons with disabilities, particularly the implementation of the 5 per cent employment quota for them in the public and private sectors and the setting up in practice of the National Committee for the Advancement of Persons with Disabilities. The Committee notes the Government’s indication that a new bill on the inclusion of persons with disabilities containing provisions on employment and training and reaffirming the principle of an employment quota in enterprises employing over 20 workers is being drawn up. The Committee also notes the detailed information provided by the Government on awareness-raising campaigns and cultural events held at the local, regional and national levels in order to promote receptive attitudes towards the rights of persons with disabilities. The Government also indicates that between 2012 and 2016 a total of 200 persons with disabilities were recruited to the public service (representing 0.32 per cent of recruitment during this period). The Committee also notes the concern expressed by the United Nations Committee on the Rights of Persons with Disabilities, in its concluding observations of 1 May 2019, regarding: (1) the lack of incentives to promote the employment of persons with disabilities and the denial of reasonable accommodation in the workplace; (2) discrimination owing to prejudice against persons with disabilities, especially women with disabilities, in the area of employment and their limited employment in the open labour market; and (3) the absence of disaggregated statistical data on persons with disabilities who are currently employed (CRPD/C/NER/CO/1, paragraph 43). The Committee requests the Government to provide information on the progress of work relating to the above-mentioned bill, specifying the provisions which prohibit discrimination on the basis of disability in employment and occupation and which prescribe affirmative action to encourage training and employment for persons with disabilities. The Committee also requests the Government to plan action to raise the awareness of employers, workers and the general public regarding issues connected with discrimination on the basis of disability, particularly against women with disabilities, in employment and occupation. The Committee further requests the Government to supply information on the setting up of the National Committee for the Advancement of Persons with Disabilities and its activities to combat discrimination in employment and occupation for these persons.