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

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

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.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Sexual harassment. With reference to its observation, the Committee notes that Act No. 2012-45 of 25 September 2012 issuing the Labour Code has introduced into the labour law in Niger provisions explicitly prohibiting “sexual harassment in the context of work, through abuse of authority, for the purpose of obtaining favours of a sexual nature from another person” (section 45). The Committee however recalls that, to be effective, the prohibition of sexual harassment must not only cover behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context. The Committee requests the Government to take the necessary measures to extend the definition and prohibition of sexual harassment to sexual harassment due to a hostile working environment and to broaden the scope of the persons to whom these provisions apply beyond individuals exercising authority. The Committee also encourages the Government to take measures to raise awareness of the provisions of the Labour Code with respect to sexual harassment and the remedies available to victims. It requests the Government to provide information on the following points:

• (i) the specific measures taken, in collaboration with employers’ and workers’ organizations, to prevent and combat harassment in employment and occupation,
• (ii) the procedures and penalties applicable in the case of sexual harassment; and
• (iii) the provisions applicable in the public sector.

Article 2. Implementation of a national equality policy. The Committee notes that the Government no longer refers in its report to the Plan of Action for the Elimination of Discrimination in Employment and Occupation, which had been finalized in 2009, but had not been adopted. However, it refers to the adoption in 2011 of the National Employment Policy, the objectives of which include promoting the employment of vulnerable categories of persons, such as women, young persons and persons with disabilities. The Committee recalls that it is incumbent upon States which have ratified the Convention to 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 made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The implementation of such a policy requires the adoption of a range of specific measures, which generally include legislative and administrative measures, collective agreements, public policies, affirmative action, dispute resolution machinery, enforcement machinery, specialized bodies, practical programmes and awareness-raising activities. In this context, with reference to its 2013 observation on the application of the Forced Labour Convention, 1930 (No. 29), the Committee regrets that, according to the Government’s report, the National Committee to Combat the Vestiges of Forced Labour and Discrimination is no longer operational. The Committee requests the Government to indicate whether it is still planned to adopt the Plan of Action for the Elimination of Discrimination in Employment and Occupation, which had been validated in 2009, or whether other measures are envisaged to declare and pursue a national equality policy. Please provide information on the progress achieved in this respect, particularly with regard to the measures taken for the benefit of vulnerable categories of persons and the measures intended to eliminate discrimination against the descendants of slaves.

Equality of opportunity and treatment for men and women. In its previous comment, the Committee emphasized the low proportion of women in public and private employment. The Committee notes that, according to the analysis of the gender situation in Niger contained in the National Gender Policy (PNG) adopted in 2008, the educational level of women is very low and only a small proportion of women manage to overcome the multiple socio-cultural barriers to gain access to training and to the minimum level of vocational qualifications required to obtain paid employment. This analysis also emphasizes the existence of inequality of status and social position in the family and in society and of “hidden discrimination” in recruitment and appointments to various types of jobs. The PNG includes a vast programme of awareness-raising for equality of opportunity and treatment with a view to combating prejudices and attitudes relating to the position of women in the family and in society, and the development of strategies to reinforce the effective participation of women in all sectors of activity and their access to the means of production and to economic opportunities. It also envisages the establishment of a technical monitoring and evaluation committee and the creation of a Gender Promotion Observatory (ONPG). Noting this information, the Committee requests the Government to provide detailed information on the measures taken or envisaged to implement the PNG, particularly with respect to the access of girls and women to education and to vocational training, and especially the promotion of girls to remain in school, as well as on the impact of these measures on the situation of women in paid employment and the various occupations. The Government is also requested to indicate whether the monitoring and evaluation body and the Gender Promotion Observatory have been established and, if so, to provide information on their respective activities.

Article 5. Special protection measures. Restrictions on the employment of women. The Committee regrets to note that section 109 of the new Labour Code reproduces the provisions of the former Labour Code (section 101) in the same terms under which decrees shall be issued to determine “the nature of the work prohibited for women and pregnant women”. In its previous comments, the Committee emphasized on several occasions that such restrictions on the employment of women go beyond what is strictly necessary to protect maternity and pregnant and nursing women. As the objective is to repeal discriminatory protective measures applicable to the employment of women, the Committee draws the Government’s attention to the fact that it is necessary to examine other measures, such as better protection for the health of men and women, security and adequate transport, and better access to social services, which would be necessary to enable women to have the same opportunities as men to gain access to such jobs. The Committee requests the Government to take the necessary measures to amend section 109 of the Labour Code so as to ensure that its provisions are explicitly and solely intended to afford protection for maternity, and not to women in general. Noting that a draft decree to implement the Labour Code is currently being formulated, the Committee requests 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 achieved in terms of occupational safety and health in general.

Affirmative action. The Committee notes the measures adopted to improve the access of nomadic communities to education and the material and financial support granted to rural populations, and particularly women, for income-generating activities. It also notes the Government’s reference to the quota for the employment of persons with disabilities set out by law in the public service and in the private sector, although information has not been provided on its implementation in practice. The Committee requests the Government to continue providing information on the affirmative measures taken for certain groups of the population with a view to achieving genuine equality, and on the application in practice of the quota of 5 per cent of jobs for persons with disabilities in the public and private sectors.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislative changes. The Committee notes with interest the adoption of Act No. 2012-045 of 25 September 2012 issuing the Labour Code. It notes in particular that the new Labour Code has extended the list of prohibited grounds of discrimination through the addition of HIV/AIDS and sickle cell disease (section 5) and that it contains provisions for the benefit of persons with disabilities (a recruitment quota of 5 per cent – section 10 – and the adaptation of jobs and conditions of employment – section 46). The Committee also notes that penalties against persons engaging in discrimination have been increased considerably (sections 338 to 341) and that the new Labour Code explicitly prohibits certain forms of sexual harassment (section 45). The Committee requests the Government to provide information on the adoption of any regulations to implement the Labour Code in respect of equality and non-discrimination, and on the measures taken to disseminate knowledge of the provisions of the new Labour Code to workers, employers and their respective organizations.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that it has noted its comments on section 42 of the draft Labour Code concerning sexual harassment and that measures will be envisaged to combat this practice. The Committee requests the Government to take the necessary measures to extend the definition and prohibition of sexual harassment at work that is currently set out in the Labour Code to include sexual harassment due to a hostile work environment. It also requests the Government to indicate the tangible measures taken, in collaboration with employers’ and workers’ organizations, with a view to preventing and combating harassment in employment and occupation.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. The Committee notes with interest the adoption of Act No. 2007-08 of 30 April 2007 on the prevention, treatment and control of the human immunodeficiency virus (HIV), of which Chapter VII contains provisions prohibiting: (i) any discrimination against persons on account of their real or supposed seropositive status, as well as against their family (section 29); (ii) employers in the public, para-public and private sectors from requiring an HIV test for recruitment (section 30); and (iii) the dismissal of a worker “on the grounds of being a person living with HIV” (section 31). The Committee requests the Government to provide information on the application in practice of the anti-discrimination provisions of Act No. 2007-08, with an indication of the measures taken to improve awareness of and compliance with the provisions of the Act, as well as any cases of discrimination based on HIV and AIDS status brought to the attention of labour inspectors and the courts.

Article 2. Implementation of a national equality policy. The Committee notes that, according to the information provided by the Government, the plan of action for the elimination of discrimination in employment and occupation was validated in 2009, but has still not been adopted. The Committee requests the Government to provide information on any progress achieved in the adoption of the plan of action and to indicate any measures adopted, in collaboration with workers’ and employers’ organizations, in the context of the plan or of the national employment policy with a view to promoting equality of opportunity and treatment in employment and occupation, particularly with regard to the most vulnerable elements of the population and minority groups, without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Equality of opportunity and treatment of men and women. In its report, the Government provides a very general indication that significant progress has been achieved in relation to the integration of women into “active life” and that, under the terms of Act No. 2000–08 of 7 June 2000 introducing the quota system in elected posts in Government and in the administration, the number of women in positions of responsibility, and within the Government has increased considerably. The Committee notes the statistical data on the formal economy contained in the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), according to which, in the para-public and private sectors, women represent 27 per cent of a total of 54,010 employees in all professional categories (2007 Statistical Yearbook of the National Employment Agency). The Committee also notes that, in the public sector, as of 30 September 2010, women represented 30 per cent of employees; 20 per cent of category A officials; 34 per cent of category B officials; 38 per cent of category C officials; and 60 per cent of category D officials. The Committee notes that these figures show not only that the proportion of women remains fairly low, both in the private and the public sectors, but also that in the public service women are concentrated in the lowest categories (C and D). The Committee requests the Government to provide precise and detailed indications of the measures adopted or envisaged to promote the access of women to employment and to the various occupations, including those traditionally exercised by men, for example in the context of the ten-year plan of action (2009–18) for the implementation of the national gender policy adopted in 2008. It requests the Government to provide information, including statistical data, on the impact of the measures adopted on the situation of women in employment in the public and private sectors, including those in positions of responsibility, and on any obstacles which may be encountered. Please provide a copy of the National Gender Policy document and its plan of action.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee notes the Government’s statement that the protective measures envisaged in section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 are exclusively intended for the protection of pregnant and nursing women. However, with a view to removing any legal uncertainty or any risk of erroneous interpretation, the Committee once again requests the Government to take the necessary measures, in the context of the current revision of the labour legislation, to ensure that the provisions of the Labour Code and of the above Decree of 1967 apply specifically to and solely for the protection of pregnant or nursing women, and not to women in general.

Affirmative action. The Committee notes the State’s commitment to recruiting 3,000 young graduates, including 150 young persons with disabilities, in the public service, and notes with interest that 116 persons with disabilities have already been recruited. The Committee asks the Government to continue providing information on the affirmative action taken to promote the access of persons with disabilities to employment and to the various occupations, both in the public and in the private sectors. It also requests the Government to indicate any other affirmative action taken to facilitate the access to education, vocational training, employment and the exercise of traditional economic activities of other vulnerable groups of the population, including nomadic communities.

National institution. The Government indicates in its report that the State of Niger, through the National Commission to Combat the Vestiges of Forced Labour and Discrimination, has carried out several awareness-raising campaigns among the population. While noting this information, the Committee requests the Government to provide precise information on the activities and tangible measures taken by the National Commission to Combat the Vestiges of Forced Labour and Discrimination, as well as on the groups targeted, with specific reference to employment and the various occupations.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee notes that the draft Labour Code introduces a new section 42 prohibiting sexual harassment which does not appear to cover an intimidating, hostile or humiliating work environment. The Committee requests the Government to amend section 42 of the draft Labour Code so as to ensure that the definition and prohibition of sexual harassment covers all the elements set out in the Committee’s general observation of 2002 (attached for ease of reference). The Committee also asks the Government to indicate any other measures envisaged or taken, in cooperation with employers’ and workers’ organizations, to prevent and address sexual harassment at work.

Implementation of a national equality policy. The Committee notes the recommendations of the PAMODEC II study on “Discrimination in employment and occupation in Niger”, which include, the need for awareness raising and educational programmes and more in-depth research on the nature and extent of discriminatory practices, as well as the development of an action plan to combat discrimination in employment and occupation. It notes that the findings and recommendations, including a proposed action plan were discussed at a validation workshop in 2009. The Committee requests the Government to provide information on the steps taken to follow-up on the recommendations of the study and the progress made in the adoption and implementation of an action plan to eliminate discrimination in employment and occupation.

Equality of opportunity and treatment of men and women. With respect to the employment of women in the semi-public and private sectors, the Committee notes from the statistics provided by the Government that the percentage of women employees more or less stagnated and even decreased from 22.25 per cent in 2005 to 21.37 per cent in 2007. The Committee also notes the statistics regarding the civil service indicating that in 2008 women constituted approximately 30 per cent of the civil servants, and are least represented in the highest category. The Government’s report further indicates that the majority of the population is engaged in informal sector activities and that women make up 42 per cent of the informal sector. In the light of the abovementioned research on discrimination in employment and occupation, the Committee asks the Government to provide information on the specific steps taken, in the context of an action plan or otherwise, (i) to increase women’s participation in the semi-public and private sector employment and in the civil service, including in posts of responsibility; and (ii) to examine the nature and extent of inequalities faced by women in the informal economy, and report on the results achieved.

Article 5 of the Convention. Special protective measures. Restrictions on the employment of women. The Committee recalls that section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967, contain certain protective measures excluding women from employment to protect their health and safety, which in view of the Committee go beyond what is strictly necessary to protect maternity and pregnant and nursing women. The Committee notes that section 101 of the draft Labour Code still contains restrictions on women’s employment. The Committee requests the Government to take the opportunity of the legislation reform to amend section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 so as to provide for the protection of only pregnant women and not women generally.

Affirmative action. The Committee notes the Government’s statement that in order to address the fact that women, young persons and disabled people do not always enjoy the constitutional right to work in practice, it has taken affirmative action with a view to improving their access to vocational training and employment. The Committee asks the Government to provide further details of the kind of affirmative action it has taken to promote the access of women, young persons and disabled people to vocational training and employment, as well as of the results achieved by these measures.

National institutions. The Committee notes that the National Commission to Combat Forced Labour and Discrimination has adopted an action plan aimed at (a) strengthening the institutional framework to combat forced labour and discrimination; (b) promoting decent work through development of public awareness; and (c) preventing and combating poverty through development actions targeting the groups concerned. The Government indicates that it has undertaken a number of measures to implement the objectives of the plan, including awareness raising and educational activities, and that the State supports different social groups in general and in rural areas. The Committee requests the Government to provide further details on the specific activities carried out under the action plan of the National Commission to Combat Forced Labour and Discrimination, and in particular on the impact of these activities on eliminating discrimination in employment and occupation.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that following a joint declaration of the Heads of State and Government in 2004, important steps to increase the opportunities for men and women to obtain decent employment were taken. The report provides statistical information concerning the participation of women in political decision-making, while generally indicating that women were holding positions in the civil service at all levels. The Committee notes from the information provided by the Government to the Committee on the Elimination of Discrimination against Women that a study on discriminatory practices affecting women working in the public and private sectors has been carried out. The Committee also notes that, according to the National Agency for the Promotion of Employment, the percentage of women among semi-public and private sector employees increased between 2000 and 2005 from 13.96 per cent to 22.15 per cent (CEDAW/C/NER/Q/2/Add.1, 20 February 2007, pages 3 and 18). The Committee requests the Government to:

(a)   provide information on the outcomes of the abovementioned study on discrimination against women in the public and private sectors;

(b)   provide statistical information on the number of men and women in the different positions in the civil service, as well as updated statistical information on the participation of men and women in private employment and the informal economy; and

(c)   indicate any progress in reviewing the legislation with a view to bringing it into line with the principle of gender equality, as previously indicated.

2. Sexual harassment. The Committee notes from the Government’s report that no judicial decisions concerning sexual harassment had been delivered and that no educational measures were undertaken to raise awareness concerning sexual harassment at work. The Committee notes that a lack of cases concerning sexual harassment brought before the courts does not indicate that sexual harassment does not exist in practice. It requests the Government to pay due attention to this matter and to indicate in its next report any measures envisaged or taken, in cooperation with employers’ and workers’ organizations, with a view to preventing and eliminating sexual harassment at work.

3. National institutions. The Committee notes with interest Decree No. 0933/MFP/T of 4 August 2006 of the Ministry of Public Service and Labour, concerning the establishment of a National Commission to combat forced labour and discrimination, which was issued with the aim of strengthening the application of the Convention as well as the Forced Labour Convention, 1930 (No. 29). The Committee notes that the Commission’s mandate includes action to reduce poverty through the elimination of forced labour and discrimination in target areas on the basis of a national action plan. It requests the Government to provide information on the measures taken by the new Commission to eliminate discrimination and the results achieved.

4. Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes that the membership of the National Commission to combat forced labour and discrimination includes representatives from a workers’ and an employers’ organization. The Committee asks the Government to provide information on any other efforts made to collaborate with employers’ and workers’ organizations to promote the application of the Convention.

5. Educational programmes and other promotional activities. In the absence of any information in the Government’s report on this matter, the Committee asks the Government once again to provide information on any measures taken to promote and carry out educational programmes or other awareness-raising activity on equality in employment and occupation.

6. Article 5. The Committee notes that the report does not reply to the Committee’s comments concerning section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967, which provide for certain exclusions of women from employment to protect their health and safety. The Committee once again requests the Government to indicate whether these exclusions are being re‑examined in the context of ongoing legislative reforms, in the light of the principle of equality and technical developments.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes from the Government’s report that recent amendments to the Penal Code introduced the offence of sexual harassment. Section 281(1) of the Penal Code imposes for harassment of others with the objective of obtaining favours of sexual nature using orders, threats and force three to six months of imprisonment or a fine between 10,000 and 100,000 francs. The Government indicates that this provision protects all persons, including job applicants and trainees. The Committee asks the Government to provide information on the application of section 281(1) of the Penal Code by the courts, including copies of any relevant decision. Please also provide information on measures taken to address sexual harassment, including any initiatives to raise awareness among workers’ and employers’ organizations.

2. Article 2. Gender equality in training and education. The Committee notes from the Government’s report under Convention No. 100 that some progress has been made in increasing the school attendance of girls. In this regard, a target of 60 per cent has been set for 2007. The Committee asks the Government to continue to provide information on measures taken to promote education of boys and girls, including vocational training, and any results achieved in increasing the currently low percentage of women in all branches of activities and professional categories.

3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment. The Committee requests the Government once again to indicate how a national policy to promote equality of opportunity and treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the grounds of discrimination forbidden by the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. The Government is also requested to provide:

-  information on any progress made in regard to the review of legislation concerning gender equality referred to by the Government previously;

-  statistical information regarding the participation of men and women in private and public employment, as well as the various fields of technical and vocational training;

-  further information on the implementation of Act No. 2000-008 which introduced a quota system to ensure women’s access to the civil service.

4. Article 3. Cooperation with workers’ and employers’ organizations. The Committee has, on various occasions, pointed to the importance of the Government’s cooperation with employers’ and workers’ organizations to advance the acceptance and observance of the national policy to promote equality of opportunity in employment and occupation. The Government is therefore requested to make every possible effort to obtain the collaboration of these organizations and to indicate to the Committee any tripartite effort made to promote the application of the Convention.

5. Educational programmes and other promotional activities. The Committee recalls its previous comments on the need to promote and carry out educational programmes to raise awareness on non-discrimination and equality. Please provide information on any measures taken to promote and carry out educational programmes on equality of opportunity and treatment in employment and occupation.

6. Article 5. Special measures. The Committee recalls its previous comments concerning section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 which provide for certain exclusions of women from employment for safety and health reasons. The Government is requested to indicate whether any efforts have been undertaken to re-examine these restrictions, in consultation with social partners and women workers, to assess whether they are still necessary, in the light of the principle of equality and technical developments.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It also notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003 relating to matters previously raised by the Committee, which was sent to the Government for its comments.

1. Article 1 of the Convention. Discrimination on the basis of sex - sexual harassment. Noting that the Government has not yet supplied information in reply to the Committee’s 2002 general observation on the issue of sexual harassment, the Committee asks the Government to provide the information requested in its next report.

2. Article 2. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment. The Committee requests the Government once again to indicate how a national policy to promote equality of opportunity and treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the grounds of discrimination forbidden by the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. The Government is also requested to provide:

-  information on any progress made in regard to the review of legislation concerning gender equality referred to by the Government previously;

-  statistical information regarding the participation of men and women in private and public employment, as well as the various fields of technical and vocational training;

-  further information on the implementation of Act No. 2000-008 which introduced a quota system to ensure women’s access to the civil service.

3. Article 3. Cooperation with workers’ and employers’ organizations. The Committee has, on various occasions, pointed to the importance of the Government’s cooperation with employers’ and workers’ organizations to advance the acceptance and observance of the national policy to promote equality of opportunity in employment and occupation. The Government is therefore requested to make every possible effort to obtain the collaboration of these organizations and to indicate to the Committee any tripartite effort made to promote the application of the Convention.

4. Educational programmes and other promotional activities. The Committee recalls its previous comments on the need to promote and carry out educational programmes to raise awareness on non-discrimination and equality. This is particularly important in the light of the Government’s previous statement that obstacles in the Convention’s application had been identified in relation to the socio-cultural context of the country and the general lack of knowledge of the Convention’s principle. Please provide information on any measures taken to promote and carry out educational programmes on equality of opportunity and treatment in employment and occupation.

5. Article 5. Special measures. The Committee recalls its previous comments concerning section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 which provide for certain exclusions of women from employment for safety and health reasons. The Government is requested to indicate whether any efforts have been undertaken to re-examine these restrictions, in consultation with social partners and women workers, to assess whether they are still necessary, in the light of the principle of equality and technical developments.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s brief report.

1. The Committee notes the Government’s statement that obstacles in the implementation of the Convention have been identified in relation to the socio-cultural context of the country and with respect to the lack of information on the principles of the Convention by the population. The Committee recalls that Article 3(b) of the Convention requires the Government to promote educational programmes to secure the acceptance and observance of the policy of equality of opportunity and treatment in employment, occupation and training. Therefore, the Committee urges the Government to undertake campaigns of public education and awareness raising on the importance of non-discrimination and the promotion of equality, and to supply information on the impact such measures have had in promoting application of the Convention in law and practice.

2. Noting that the Government was not able to undertake a review of the legislation due to lack of finance, the Committee draws to the Government’s attention that it might wish to consider asking the Office for technical assistance in this regard.

3. The Committee notes that the Government’s report contains no reply to the following points raised in its previous comments and hopes the Government will supply the relevant information in its next report:

-  With reference to its earlier comments regarding section 5 of the Labour Code of 1996, which prohibits any discrimination in employment "subject to the explicit provisions of the present Code, or of any other legal text or regulation protecting women and children, and of provisions respecting the situation of foreigners", the Committee notes that the particular provisions which protect women and children are those provided under the new Labour Code (sections 99 and 101) and by Decree No. 67-126 of 7 September 1967 (Chapters 3 and 4). It also notes the Government’s statement that these measures, far from constituting discrimination, are in fact intended to preserve the safety and health of these highly sensitive categories of workers. With reference to the ILO resolution on equality of opportunity and treatment for men and women workers in respect of employment, 1985, and in particular its paragraph 5, the Committee invites the Government to re-examine these provisions in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in the light of the development of scientific knowledge and techniques. It also recalls that both men and women must be protected against risks inherent to their employment and occupation and that, as regards the types of work which have been shown to be particularly harmful to the reproductive function, measures should be taken to ensure special protection for women and men. In this connection the Committee asks the Government to consider the possibility of organizing consultations with the social partners and in particular with women workers, and to supply information on progress achieved.

-  The Committee requests the Government to indicate how national policy to promote equality of opportunity and treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the body of criteria of discrimination forbidden by the present Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. In this connection, it refers to the explanations provided in its General Survey of 1988 on equality in employment and occupation (paragraphs 196-230). Taking account of paragraphs 7-11 of the conclusions of the United Nations Committee for the Elimination of Racial Discrimination of 10 February 1999 (CERD/C/304/Add.62), the Committee hopes that the report will contain details on the application of this national policy to the various ethnic groups living in Niger, for example to the Toubous.

-  Finally, the Committee asks the Government to specify how effect is given to Article 3(a) of the Convention, in particular the manner in which it attempts to obtain the collaboration of employers’ and workers’ organizations and other relevant bodies to advance acceptance and application of the national policy of promotion of equality of opportunity and treatment. It also requests the Government to communicate information on all other bodies concerned with the promotion of the principle on which the Convention is based, in particular on the activities of the National Committee on Human Rights and Freedoms (CNDHL) to which it had referred in its earlier comments.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information supplied by the Government in its brief report, and in particular the statement that, during the period from 9 April to 30 December 1999, the objectives of the transition Government were primarily political, that is, concerning the organization of free and transparent elections. It notes that the programmes and projects undergoing implementation were interrupted by the organization of the elections and that, throughout 1999, ministers dealt only with current affairs. It hopes that in its next report the Government will be able to supply fuller information on the precise application of the principle on which the Convention is based.

2.  In its earlier comments, the Committee requested information on the activities developed by the Ministry for the Social Development of the Population, the Promotion of Women and the Protection of the Child. It also requested information on specific measures designed to promote equality in practice between men and women in employment, requesting the Government to send statistics regarding the training and employment of women. Having noted that, throughout 1999, the Ministries restricted themselves to dealing with current affairs and that, at present, the Government was defining the mandate of each Ministry, the Committee hopes that the information requested in its earlier comments, particularly in respect of the survey of all legal texts relating to women, and also the statistical data available on the training and employment of women, will figure in the Government’s next report. The Committee, having noted that the Government referred previously to the need to overcome obstacles of a social nature in order to promote equality in practice, requests the Government to supply information on the nature and extent of the existing obstacles to the effective application of the principle.

3.  With reference to its earlier comments regarding section 5 of the Labour Code of 1996, which prohibits any discrimination in employment "subject to the explicit provisions of the present Code, or of any other legal text or regulation protecting women and children, and of provisions respecting the situation of foreigners", the Committee notes that the particular provisions which protect women and children are those provided under the new Labour Code (sections 99 and 101) and by Decree No. 67-126 of 7 September 1967 (Chapters 3 and 4). It also notes the Government’s statement that these measures, far from constituting discrimination, are in fact intended to preserve the safety and health of these highly sensitive categories of workers. With reference to the ILO resolution on equality of opportunity and treatment for men and women workers in respect of employment, 1985, and in particular its paragraph 5, the Committee invites the Government to re-examine these provisions in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in the light of the development of scientific knowledge and techniques. It also recalls that both men and women must be protected against risks inherent to their employment and occupation and that, as regards the types of work which have been shown to be particularly harmful to the reproductive function, measures should be taken to ensure special protection for women and men. In this connection the Committee asks the Government to consider the possibility of organizing consultations with the social partners and in particular with women workers, and to supply information on progress achieved.

4.  The Committee requests the Government to indicate how national policy to promote equality of opportunity and of treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the body of criteria of discrimination forbidden by the present Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. In this connection, it refers to the explanations provided in its General Survey of 1988 on equality in employment and occupation (paragraphs 196-230). Taking account of paragraphs 7-11 of the conclusions of the United Nations Committee for the Elimination of Racial Discrimination of 10 February 1999 (CERD/C/304/Add.62), the Committee hopes that the report will contain details on the application of this national policy to the various ethnic groups living in Niger, for example to the Toubous.

5.  Finally, the Committee asks the Government to specify how effect is given to Article 3(a) of the Convention, in particular the manner in which it attempts to obtain the collaboration of employers’ and workers’ organizations and other relevant bodies to advance acceptance and application of the national policy of promotion of equality of opportunity and treatment. It also requests the Government to communicate information on all other bodies concerned with the promotion of the principle on which the Convention is based, in particular on the activities of the National Committee on Human Rights and Freedoms (CNDHL) to which it had referred in its earlier comments.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the adoption of Act No. 98-55 of 29 December 1998, which establishes the powers, structure and functions of the National Committee on Human Rights and Freedoms (CNDHL). It notes that the CNDHL's tasks include promoting and defending human rights in the Republic of Niger by all appropriate means, as well as investigating on all human rights violations. In this connection, the Committee requests the Government to indicate whether the CNDHL's activities include the defence and promotion of equal rights in employment. If so, the Committee would be grateful if the Government would supply information in future reports on the activities undertaken by the CNDHL in this area.

2. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 5 of the Labour Code of 1996 prohibits any discrimination in employment "subject to the explicit provisions of the present Code, or of any other legal text or regulation protecting women and children, and of provisions respecting the situation of foreigners". Article 5 of the Convention provides that special measures of protection or assistance designed to meet the particular requirements of persons shall not be considered to be discrimination. The Committee hopes that the legal provisions and regulations protecting women and children, to which the Government refers in section 5 of Ordinance No. 96-039 above, are in conformity with the principles contained in the Convention and would be grateful if the Government would provide information on all these texts. With regard to provisions respecting the situation of foreigners, the Committee hopes that these are in accordance with the principle of the application of the Convention to all persons, and its objective of the elimination of discrimination in employment or occupation on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin for both nationals and non-nationals, and refers on this matter to paragraph 17 of its 1988 General Survey on equality in employment and occupation. It also requests the Government to provide information on this point.

2. The Committee notes that, with regard to the specific measures which have been adopted or are envisaged against obstacles of a social nature to the promotion of equality in practice, the Government states that the Ministry for the Social Development of the Population, the Promotion of Women and the Protection of the Child envisages a number of measures, including a survey of all legal texts relating to women, the repeal of texts with shortcomings for the promotion of women and awareness-raising measures for the population on the reasons why such measures are necessary. The Committee would be grateful if the Government would transmit the results of the survey when it has been undertaken and provide information on the texts that it is planned to repeal.

3. The Committee notes from the statistical data contained in the report supplied by the Government on the application of Convention No. 100 on equal remuneration, relating to the distribution of workers by branches of activity, professional categories and sex, that the percentage of women employees remains very low in all sectors and professional categories. In view of the Government's statement in its report for 1995 that the application of egalitarian principles is prevented principally by constraints of a social nature, it requests the Government to pursue its efforts and to continue transmitting information on specific measures designed to promote equality in practice between men and women in employment, and particularly awareness-raising measures and affirmative action to resolve obstacles of a social nature which impede the access of women to the labour market and to overcome the insufficient level of participation of women in positions of responsibility in the public service. With reference to its general observation on this Convention, it requests the Government to continue supplying statistical data on developments in the access of women to the labour market.

4. The Committee notes that, in the fields of education and training, programmes designed to raise the awareness of the population as to the need to send girls to school for their own development continue to be undertaken by the Ministry of Social Development. It would be grateful if the Government would provide detailed information on these school attendance programmes for girls, as well as statistics on changes in the school attendance rates for girls and boys, so that it can evaluate their results. It also requests the Government to refer to its general observation.

5. The Committee also notes, from the report submitted by the Government to the United Nations Committee on the Elimination of Racial Discrimination (CERD) (UN doc. CERD/C/299/Add.18), that in its desire to achieve the active participation of all categories of the population in the management of the affairs of State and in the context of the consolidation of peace, the Government undertakes to integrate demobilized members of the Armed Resistance Organization (ORA) into all levels of the public administration, in accordance with the criteria of competence and the needs of the State. The Committee would be grateful if the Government would provide fuller information on these affirmative integration measures and their results.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes that section 5 of the Labour Code of 1996 prohibits any discrimination in employment "subject to the explicit provisions of the present Code, or of any other legal text or regulation protecting women and children, and of provisions respecting the situation of foreigners". Article 5 of the Convention provides that special measures of protection or assistance designed to meet the particular requirements of persons shall not be considered to be discrimination. The Committee hopes that the legal provisions and regulations protecting women and children, to which the Government refers in section 5 of Ordinance No. 96-039 above, are in conformity with the principles contained in the Convention and would be grateful if the Government would provide information on all these texts. With regard to provisions respecting the situation of foreigners, the Committee hopes that these are in accordance with the principle of the application of the Convention to all persons, and its objective of the elimination of discrimination in employment or occupation on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin for both nationals and non-nationals, and refers on this matter to paragraph 17 of its 1988 General Survey on equality in employment and occupation. It also requests the Government to provide information on this point.

2. The Committee notes that, with regard to the specific measures which have been adopted or are envisaged against obstacles of a social nature to the promotion of equality in practice, the Government states that the Ministry for the Social Development of the Population, the Promotion of Women and the Protection of the Child envisages a number of measures, including a survey of all legal texts relating to women, the repeal of texts with shortcomings for the promotion of women and awareness-raising measures for the population on the reasons why such measures are necessary. The Committee would be grateful if the Government would transmit the results of the survey when it has been undertaken and provide information on the texts that it is planned to repeal.

3. The Committee notes from the statistical data contained in the report supplied by the Government on the application of Convention No. 100 on equal remuneration, relating to the distribution of workers by branches of activity, professional categories and sex, that the percentage of women employees remains very low in all sectors and professional categories. In view of the Government's statement in its report for 1995 that the application of egalitarian principles is prevented principally by constraints of a social nature, it requests the Government to pursue its efforts and to continue transmitting information on specific measures designed to promote equality in practice between men and women in employment, and particularly awareness-raising measures and affirmative action to resolve obstacles of a social nature which impede the access of women to the labour market and to overcome the insufficient level of participation of women in positions of responsibility in the public service. With reference to its general observation on this Convention, it requests the Government to continue supplying statistical data on developments in the access of women to the labour market.

4. The Committee notes that, in the fields of education and training, programmes designed to raise the awareness of the population as to the need to send girls to school for their own development continue to be undertaken by the Ministry of Social Development. It would be grateful if the Government would provide detailed information on these school attendance programmes for girls, as well as statistics on changes in the school attendance rates for girls and boys, so that it can evaluate their results. It also requests the Government to refer to its general observation.

5. The Committee also notes, from the report submitted by the Government to the United Nations Committee on the Elimination of Racial Discrimination (CERD) (UN doc. CERD/C/299/Add.18), that in its desire to achieve the active participation of all categories of the population in the management of the affairs of State and in the context of the consolidation of peace, the Government undertakes to integrate demobilized members of the Armed Resistance Organization (ORA) into all levels of the public administration, in accordance with the criteria of competence and the needs of the State. The Committee would be grateful if the Government would provide fuller information on these affirmative integration measures and their results.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous comments, the Committee notes with satisfaction the adoption of Ordinance No. 96-039 of 29 June 1996 issuing the Labour Code, section 5 of which prohibits any discrimination in employment based on the criteria set out in the Convention: "... no employer may take into consideration the sex, age, national extraction, race, religion, colour, political or religious opinion, social origin, disability, membership or not of a trade union, or trade union activities of workers in reaching decisions concerning recruitment, the performance and distribution of work, vocational training, career advancement and promotion, remuneration, entitlement to social benefits, discipline or the termination of the employment contract". The Committee is also addressing questions directly to the Government on the reservations set out in section 5 concerning provisions protecting women and children and provisions on the situation of foreigners.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous comments on the promotion of equality between men and women in employment, the Committee notes the information supplied by the Government in its report, particularly the statistical data and the activities of the state department responsible for the advancement of women and children, which include the grant of loans enabling women to engage in income-generating activities with a view to raising the general standard of living, and the financing of investment to contribute to making women's tasks generally less arduous (health, grain mills, drinking-water points, etc.).

2. With regard to women's access to employment in the public and private sectors, the Committee notes that, according to the Government's report, the failure to apply the principles of equality in this area is due above all to social rather than legal constraints, since women are subject to parental or marital authority (they must obtain authorization for studying, training and seeking employment), and by tradition their role in society is confined to raising children and household tasks. The statistics supplied show the small number of women in high-level posts in the public service. The Committee would be grateful if in its next report the Government would provide information on specific steps taken or envisaged to promote equality between men and women in employment in practice, particularly awareness-raising measures and affirmative action to remove social obstacles to women's access to the employment market, and to remedy the under-representation of women in high-level posts in the public service.

3. Noting that another reason why women are poorly represented in the labour market is the access of girls and women to vocational training, the Committee takes note of the striking statistics supplied by the Government showing the very low percentage of female students in some vocational training schools and centres (36 per cent of total enrolment and 10.7 per cent in the Centre for Vocational Training and Retraining). According to the Government, the reason is that unequal access for boys and girls is a characteristic of the national education system. It adds that, aware of this inequality, it has undertaken measures to sensitize and inform the people in order to increase the school attendance rate of girls so that they have access to the various occupational skills and hence to a wider range of jobs. The Committee asks the Government to provide detailed information on the measures taken to secure vocational training without distinction as to sex, including measures to prevent girls from being directed exclusively towards training and jobs or occupations traditionally regarded as "typically female" (the figures supplied show that the number of women students is higher -- accounting for over 61 per cent -- in the health sector).

4. The Committee also asks the Government, in its next report, to keep it informed of progress in this area, for example, by providing extracts of reports, studies and surveys (including statistics) on the entry of women to occupations from which they were formerly barred.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the recent creation of the Ministry for Social Development, Population and the Advancement of Women, and several associations for the advancement of women, and would be grateful if the Government would continue to provide detailed information on the activities of these bodies to promote equal opportunities and treatment for women in employment and occupation and the results obtained, including any annual, periodical and other reports, studies or documents they may have published which are relevant to the Convention.

2. With regard to women's participation in employment in the public and private sectors, which the Committee considered to be low in its previous comments, it notes the Government's indication that no particular measures have been taken for women since they have the same rights and opportunities as men, particularly as regards access to all schools and training centres. The Committee draws the Government's attention to paragraphs 15, 158 and 170 of its 1988 General Survey on Equality in Employment and Occupation, in which it stressed the affirmative action that must be taken in pursuing the national policy provided for in Articles 2 and 3 of the Convention, and the need to provide details on measures taken and results obtained. It therefore asks the Government to indicate in its next report the specific measures taken or envisaged in pursuit of the national policy on equality to promote the access of women to employment in the public and private sectors. Please provide information on the results obtained, including statistics of the percentage of women employed at the various levels and the number of women holding posts of responsibility.

3. With regard to education and vocational training, the Committee notes that data showing trends in the distribution, by sex, of students in vocational training centres will be forwarded once the National Guidance Committee has met and grants have been allocated. The Committee again expresses the hope that the Government will provide with its next report statistics of the percentage of female students in schools and vocational training centres, and will indicate the measures that have been taken or are contemplated to increase the number of girls attending such centres and other educational or training courses, so as to promote and diversify women's opportunities in employment and occupation.

4. The Government is asked to provide the information requested under points III, IV and V of the report form on the practical application of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's general indication that the Ministry for Social Development, Population and the Advancement of Women and the various associations for the advancement of women are continuing to conduct activities designed to eradicate all discrimination in regard to women's access to employment in the public and private sectors. It requests once again the Government to provide more detailed particulars on the nature of these activities and their impact on the promotion of equality of opportunity and treatment for women and the elimination of all discrimination based in particular on sex. It would like to have extracts from these bodies' activity reports and other documents connected with the application of the Convention in this respect.

2. The Committee notes from the report that one of the difficulties in implementing the policy of promoting equality of opportunity and treatment for women lies in their lack of qualifications and that, to facilitate their access to employment, the Government has set objectives, specifically increasing women's training and augmenting the school attendance rate for girls. The Committee repeats its request for detailed information on the positive measures taken by the Government to achieve these objectives and on the results obtained. It requests the Government to provide with its next report statistics allowing it to appreciate the progress in the distribution by sex of students in schools and vocational training centres and other teaching and training programmes, as promised in a previous report.

3. Concerning the participation of women in public and private employment, the Committee notes that according to the statistics supplied on the number of officials in the public sector at 31 August 1994, the proportion of women employed in the sector is 23 per cent in general, and 12, 13 and 0 per cent, respectively, in categories A1, D2 and E1. In order to understand and appreciate the value of these data, the Committee would like to have the text of the legislation or regulation defining the functions and responsibilities corresponding to each of these categories, in particular the categories where there is still a very large difference between the percentage of women and men. It also requests the Government once again to supply detailed information on the specific provisions taken or envisaged to facilitate and promote the access of women to employment in the public and private sectors, especially in those categories of the public sector mentioned above in which they are represented little or not at all.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in reply to its previous direct request, and in particular the new Constitution adopted by referendum on 26 December 1992 and promulgated by the Decree of 22 January 1993, which establishes multi-party democracy and the equality of all before the law without distinction as to sex, social, racial or ethnic origin, or religion and provides for statutory penalties against all forms of racial, ethnic, political or religious discrimination (section 9), in accordance with the criteria laid down in the Convention.

1. The Committee notes with interest the recent creation of the Ministry for Social Development, Population and the Advancement of Women, and several associations for the advancement of women, and would be grateful if the Government would continue to provide detailed information on the activities of these bodies to promote equal opportunities and treatment for women in employment and occupation and the results obtained, including any annual, periodical and other reports, studies or documents they may have published which are relevant to the Convention.

2. With regard to women's participation in employment in the public and private sectors, which the Committee considered to be low in its previous comments, it notes the Government's indication that no particular measures have been taken for women since they have the same rights and opportunities as men, particularly as regards access to all schools and training centres. The Committee draws the Government's attention to paragraphs 15, 158 and 170 of its 1988 General Survey on Equality in Employment and Occupation, in which it stressed the affirmative action that must be taken in pursuing the national policy provided for in Articles 2 and 3 of the Convention, and the need to provide details on measures taken and results obtained. It therefore asks the Government to indicate in its next report the specific measures taken or envisaged in pursuit of the national policy on equality to promote the access of women to employment in the public and private sectors. Please provide information on the results obtained, including statistics of the percentage of women employed at the various levels and the number of women holding posts of responsibility.

3. With regard to education and vocational training, the Committee notes that data showing trends in the distribution, by sex, of students in vocational training centres will be forwarded once the National Guidance Committee has met and grants have been allocated. The Committee again expresses the hope that the Government will provide with its next report statistics of the percentage of female students in schools and vocational training centres, and will indicate the measures that have been taken or are contemplated to increase the number of girls attending such centres and other educational or training courses, so as to promote and diversify women's opportunities in employment and occupation.

4. The Government is asked to provide the information requested under points III, IV and V of the report form on the practical application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report for the period ending 30 June 1990.

1. The Committee refers to its previous request for information on the implementation of the overall development plans for Niger provided for in the National Charter. It also recalls its previous comments concerning various articles of the new Constitution (no reference to political opinion in article 11; the freedom of opinion provided for within the political system in article 13). The Committee also notes that article 19 provides that the direction of the country relies upon the principle of uniquity of direction between the State and the Mouvement national pour la société de développement.

The Committee notes the Government's statement to the effect that a national committee set up to study the National Charter and the Constitution has just presented its work. According to the Government, the work of the above National Committee should provide the basis for introducing political pluralism into the country. Moreover, certain provisions which have lapsed will be examined very closely. The Committee hopes that the modifications that have been announced will guarantee equality of opportunity and treatment in the sense of Article 1, paragraph 1(a), of the Convention, namely without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It requests the Government to supply copies of the amended texts when they have been adopted and enacted, and to keep it informed of the implementation of the overall development plans of Niger.

2. With regard to the activities of the Directorate for the Promotion of Women, the Committee notes the information that was supplied on the establishment of women's centres and cooperative associations. The Committee hopes that the Government will continue to supply information on the progress achieved in promoting the status of women and the results achieved by these activities.

3. With regard to the participation of women in the public and private sectors, the Committee notes with interest the statistics supplied by the Government which indicate that between 1981 and 1989 the participation rate of women in the public service doubled and reached 22.83 per cent (their participation in the private sector was much lower at 9.11 per cent at the end of 1989). The Committee requests the Government to indicate in its next report the nature of the jobs in which women are employed in both sectors and to supply information on any progress that is achieved through measures intended to promote the access of women to employment and to particular occupations.

4. With regard to education and vocational training, the Committee notes the distribution by sex of students in national public health and administration schools and in the university of Niamey. The Committee requests the Government to indicate in its next report the reference year of this statistical table and to supply new data in order to enable it to assess the development of this distribution. It also requests the Government to supply similar statistics for vocational training centres, and particularly on those which prepare students for occupations that are considered - because of prejudice and tradition - to be exclusively masculine.

5. The Committee draws the Government's attention to the need, in order to give effect to the Convention, to 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 in respect not only of sex but also of the other criteria set out in Article 1, paragraph 1(a), of the Convention. For the formulation of the policy set out in Article 2 of the Convention, the Committee suggests that the Government should base its action in particular on paragraphs 2 and 3 of Recommendation No. 111. It requests the Government to supply full information in this respect in its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's report (received in June 1989) and the information provided in reply to its previous direct requests. The Committee notes with interest the National Charter which was adopted on 14 September 1987. It notes that the National Charter lays down, in a non-discriminatory manner, the overall development plans for Niger and that it contains chapters on education and training and on employment policy. The Committee requests the Government to provide information on the implementation of these plans.

2. The Committee also notes with interest the new Constitution of 24 September 1989. As the Committee has received a copy of the draft Constitution submitted to popular referendum (Order No. 89-06 of 8 February 1989), it requests the Government to indicate whether the same text was adopted.

3. The Committee notes from the draft Constitution that article 11 guarantees equality before the law without distinction on the basis of origin, race, sex or religion, but that no mention is made in this section of political opinion. It would be grateful if the Government would indicate how this is covered in the new Constitution. It notes in this connection that article 13 guarantees to citizens all the rights and freedoms recognised by the National Charter, including freedom of opinion and of thought; it notes also, however, that article 16 provides that the political system of the country is based on the principle of one political movement, within which there shall be free expression of opinion and of ideological tendencies (emphasis added).

4. The Committee notes the action taken by the Directorate for the Promotion of Women, which has been transferred to the Department for Social Affairs and the Status of Women, and it hopes that the Government will continue to provide information on the progress achieved by the Directorate in promoting the status of women in the rural as well as in the urban areas.

5. The Committee notes from the Government's report that due to sociological reasons relatively few women work in the modern sector, as compared to men, but that measures are being taken to promote the participation of women in national development. The Committee requests the Government to include in its next report statistics on the percentages of women working in both the public and the private sectors, other than the rural sector, and to provide information on the progress achieved through the measures taken to promote equality of opportunity and treatment in respect of the access to employment and to particular occupations.

6. The Committee notes from the Government's report that the national policy to promote equality of opportunity and treatment in respect of employment and occupation is pursued, inter alia, through the educational system. It also notes the educational development plans in the National Charter. It requests the Government to include in its next report statistics on the percentages of female students in schools and vocational training centres, and on the progress achieved in the promotion of equality of access to educational establishments and vocational training centres and especially to those preparing students for trades considered - because of prejudices and tradition - to be exclusively masculine.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report (received in June 1989) and the information provided in reply to its previous direct requests. The Committee notes with interest the National Charter which was adopted on 14 September 1987. It notes that the National Charter lays down, in a non-discriminatory manner, the overall development plans for Niger and that it contains chapters on education and training and on employment policy. The Committee requests the Government to provide information on the implementation of these plans.

2. The Committee also notes with interest the new Constitution of 24 September 1989. As the Committee has received a copy of the draft Constitution submitted to popular referendum (Order No. 89-06 of 8 February 1989), it requests the Government to indicate whether the same text was adopted.

3. The Committee notes from the draft Constitution that article 11 guarantees equality before the law without distinction on the basis of origin, race, sex or religion, but that no mention is made in this section of political opinion. It would be grateful if the Government would indicate how this is covered in the new Constitution. It notes in this connection that article 13 guarantees to citizens all the rights and freedoms recognised by the National Charter, including freedom of opinion and of thought; it notes also, however, that article 16 provides that the political system of the country is based on the principle of one political movement, within which there shall be free expression of opinion and of ideological tendencies (emphasis added).

4. The Committee notes the action taken by the Directorate for the Promotion of Women, which has been transferred to the Department for Social Affairs and the Status of Women, and it hopes that the Government will continue to provide information on the progress achieved by the Directorate in promoting the status of women in the rural as well as in the urban areas.

5. The Committee notes from the Government's report that due to sociological reasons relatively few women work in the modern sector, as compared to men, but that measures are being taken to promote the participation of women in national development. The Committee requests the Government to include in its next report statistics on the percentages of women working in both the public and the private sectors, other than the rural sector, and to provide information on the progress achieved through the measures taken to promote equality of opportunity and treatment in respect of the access to employment and to particular occupations.

6. The Committee notes from the Government's report that the national policy to promote equality of opportunity and treatment in respect of employment and occupation is pursued, inter alia, through the educational system. It also notes the educational development plans in the National Charter. It requests the Government to include in its next report statistics on the percentages of female students in schools and vocational training centres, and on the progress achieved in the promotion of equality of access to educational establishments and vocational training centres and especially to those preparing students for trades considered - because of prejudices and tradition - to be exclusively masculine.