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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to indicate the legislative provisions that ensure that the rights guaranteed by the Convention are enjoyed by the following categories of workers: judges; teachers and researchers in universities and similar institutions; the personnel of administrations, services and public establishments of the State that are industrial or commercial in nature; staff of customs, water and forestry services, and of the National School of Administration and Magistracy; and the personnel of local authorities and the parliamentary administration. The Committee observed that section 41 of Act No. 2012-045 of 25 September 2012 issuing the Labour Code excludes these categories from its scope of application. The Committee notes the Government’s indication that section 14 of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations guarantees that public service employees enjoy the right to establish and join a trade union. It also notes the Government’s indication that no legislative provisions modify or limit the ability of public sector workers to exercise the rights guaranteed by the Convention. The Committee requests the Government to indicate the legislative provisions, if any, which ensure that the above categories of workers, who are not covered by the scope of application of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations, enjoy the rights guaranteed by the Convention.

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

Compulsory arbitration. In its previous comments, the Committee requested the Government to provide further details on whether the parties to a dispute may object to an arbitration award and the consequences of such opposition. It also noted the Government’s indication that contesting an arbitration award did not carry any consequences for the contestant party, and that there were two ways to contest an arbitration award: (i) by objecting to the award within two days of the notification of the award to the parties, in accordance with section 331 of the Labour Code; and (ii) by applying, once the award has become binding, to the judicial chamber of the Court of Cassation for the award to be set aside on the grounds of lack of jurisdiction or violation of the law, in accordance with section 335 of the Labour Code. The Committee recalled that recourse to compulsory arbitration to bring an end to collective labour disputes and strikes, in the absence of an agreement by the parties, is only acceptable when the strike in question may be restricted, or even prohibited, that is: in the case of disputes concerning public servants exercising authority in the name of the State; in conflicts in essential services in the strict sense of the term; or in situations of acute national crisis (see the 2012 General Survey on the fundamental Conventions, paragraph 153). Noting with regret that the Government confines itself to indicating that there have been no changes since the last report, the Committee once again requests the Government to indicate the procedure that follows the notification of opposition in writing to the labour inspectorate, in accordance with section 331(2) of the Labour Code, including any additional time limits imposed as part of the procedure and whether the two-day limit may be extended or waived in exceptional circumstances.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to take the necessary steps to amend section 191 of the Labour Code, which provides that workers over 16 years of age but under the age of majority may join trade unions, to ensure that the minimum age for membership to a trade union is the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Code). In this regard, the Committee noted the Government’s indication of its commitment to take this request into consideration when amending the Labour Code, and requested it to provide information on any progress made in this regard. Noting that the Government has provided no new information on the amendment of Act No. 2012-45 issuing the Labour Code, the Committee once again requests the Government to provide information on any progress made in this regard.

Articles 3 and 10. Provisions on requisitioning. In its previous comments, the Committee recalled that it had been asking the Government for many years to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state employees and local authority employees so as to limit the restrictions on the right to strike to public servants exercising authority in the name of the State, to essential services in the strict sense of the term, or to cases in which work stoppages may provoke an acute national crisis. The Committee noted that, according to the Government, the occupational elections process, the purpose of which was to revive the ordinance review mechanism, was proceeding normally and that it remained open to negotiations with the social partners. The Committee therefore invited the Government to take all necessary measures to accelerate this process and requested it to provide information on any developments in this regard. The Committee welcomes the information provided by the Government, according to which, following negotiations with the social partners, it accepted a complete revision of the texts regulating the right to strike requested by the Confederation of Workers of Niger (ITN), and the two parties agreed to create a framework involving all stakeholders to steer the discussions, the results of which were to be made available and transmitted to the National Assembly, for adoption in March 2019. The Committee trusts that, in this context, the Government will not fail to take, without delay, all the necessary measures to amend section 9 of Order No. 96-009 of 21 March 1996 in light of the Committee’s long-standing comments. It requests the Government to provide information on any developments in this regard. It also reminds the Government that it can avail itself of the technical assistance of the Office in relation to the revision of the laws regulating the right to strike.

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

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

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to indicate the legislative provisions which ensure that the following categories of workers enjoy the rights guaranteed by the Convention: judges; senior lecturers in universities and similar institutions; staff of administrations, services and public establishments of the State that are industrial or commercial in nature; staff of customs, water and forestry services; and staff of the National School of Administration and Legal Service Training; local authorities and the parliamentary administration. The Committee notes the Government’s indication that article 9 of the Constitution of 10 November 2010 allows, inter alia, trade unions to be formed and to conduct their activities in full freedom in accordance with the laws and regulations in force. The Government adds that the staff members who are not covered by the provisions of the Labour Code and the General Public Service Regulations have formed trade unions, and it also refers to the Autonomous Trade Union of Judges of Niger (SAMAN), the National Trade Union of Senior Lecturers (SNECS), the National Trade Union of Customs Officials (SNAD) and the Trade Union of Teachers and Permanent Staff Members of the National School of Administration (SEENA). The Committee requests that the Government continue to provide information on all the categories of public sector workers listed above and to indicate whether any legislative provisions or regulations modify or limit the ability of public sector workers to enjoy the rights and guarantees under the Convention.

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

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

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

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to take the necessary steps to amend section 191 of the Labour Code, which provides that workers over 16 years of age but under the age of majority may join trade unions, to ensure that the minimum age for membership to a trade union is the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Code). While noting the commitment given by the Government to take this request into consideration when amending Act No. 2012-45 issuing the Labour Code, the Committee requests the Government to provide information on all progress made in this regard.

Articles 3 and 10. Provisions on requisitioning. In its previous comments, the Committee recalled that it had been asking the Government for many years to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state employees and local authority employees so as to limit the restrictions on the right to strike to public officials exercising authority on behalf of the State, to essential services in the strict sense of the term, or to cases in which work stoppages may provoke an acute national crisis. The Committee noted a number of steps taken by the Government to determine the representativeness of employers’ and workers’ organizations on the basis of occupational elections. The Committee notes the Government’s indication that the occupational elections process, the purpose of which is to revive the ordinance review mechanism, is proceeding normally and that it remains open to negotiations with the social partners. Recalling that it has been requesting action on this matter for a number of years, the Committee invites the Government to take all necessary measures to accelerate this process and requests it to provide information on any developments in this regard.

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

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

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

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

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

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that new Act No. 2012-045 of 25 September 2012 issuing the Labour Code of the Republic of Niger has been adopted. The Committee observes that section 191 of the Act provides that workers over 16 years of age but under the age of majority may join trade unions. In this regard, the Committee recalls that the minimum age for membership of a trade union should be the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Code). The Committee requests the Government to take the necessary steps to amend section 191 of the Labour Code accordingly.

Articles 3 and 10. Provisions on requisitioning. The Committee recalls that it has been requesting the Government for many years to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state employees and employees of territorial communities so as to restrict its scope only to public servants exercising authority in the name of the State, to essential services in the strict sense of the term, or to cases in which work stoppages are likely to provoke an acute national crisis. The Government previously indicated that the revision of the abovementioned Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativeness of trade unions. The Committee trusted that the Government would take all the necessary measures without delay to amend section 9 of Ordinance No. 96-009 and recalled the possibility of seeking technical assistance from the Office in that regard. The Committee notes the Government’s indication that a number of necessary measures have been adopted to that end, namely: Order No. 996/MFP/T/DGT/DTSS of 20 July 2011, relative to the establishment, the structure and powers of the committee responsible for establishing the legal framework of occupational elections to determine the representativeness of employers’ and workers’ organizations; Order No. 289/MET/SS of 18 March 2014, establishing the rules for occupational elections to determine the representativeness of employers’ and workers’ organizations; Order No. 446/MET/SS/DGT/PDS of 16 April 2014, concerning the nomination of members of the National Occupational Election Board; and Order No. 1624/MET/SS/DGT/PDS of 7 July 2014, concerning the nomination of members of the executive committee of the National Occupational Election Board. According to the Government, the occupational elections in progress will make it possible to resolve the issue of trade union representativeness, thereby enabling the disagreements between the Government and the social partners to be settled and paving the way for the revision of Ordinance No. 96-009. The Committee notes these indications and trusts that the Government will proceed with the revision of Ordinance No. 96-009 in the near future. The Committee requests the Government to provide information on any developments in this respect.

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

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report and observes that it does not refer to the question raised in its previous observation which read as follows.

Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Articles 3 and 10 of the Convention. Provisions on requisitioning. For a number of years, the Committee has requested the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, and to provide a copy of the applicable official text. In its previous observation, the Committee noted that the revision of the abovementioned Ordinance was before the National Tripartite Committee. In this regard, the Committee notes that, according to the Government, the revision of the Ordinance has been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativeness of trade union organizations. The Committee urges the Government to take all the measures within its power to amend section 9 of Ordinance No. 96-009 (a copy of which is requested) and to keep it informed of any developments in this regard.

Comments of the International Confederation of Free Trade Unions (ICFTU). Finally, with regard to the comments of the ICFTU of September 2003, referring to the requisitioning measures and threats of dismissal against teachers during a lawful strike, the Committee notes the Government’s indication that the dispute with teachers concerning this matter has been resolved and that it has taken due note of the Committee’s invitation to refrain from taking such measures in the future.

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

The Committee takes notes of the Government’s report.

1. Articles 3 and 10 of the Convention. Provisions on requisitioning. In its previous observations, the Committee invited the Government to amend as soon as possible section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, and to provide a copy of the applicable official text.

The Government indicates that the revision of the abovementioned Ordinance is before the National Tripartite Committee responsible for implementing the recommendations produced by the seminar on the right to strike and trade union representation. The Committee points out that the above seminar, held with technical assistance from the Office, took place more than three years ago (in September 2002). The Committee again urges the Government to take all necessary steps at the earliest possible date to complete the work of the abovementioned Committee rapidly, and to send a copy of Ordinance No. 96-009 of 21 March 1996 as amended to bring the legislation into line with the Convention, with its report for examination in 2006.

2. The Committee notes the Government’s observations replying to the ICFTU’s communication of September 2003, particularly concerning customs officials. It notes, however, that the Government has not commented on the requisitioning measures and threats of dismissal against teachers during a lawful strike in 2000. The Committee reminds the Government that teachers, like other workers, enjoy the right to strike. It refers the Government to the comments above and invites it to refrain from taking such measures in the future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 3 and 10 of the Convention. Legislative provisions respecting the requisitioning of labour. In its previous observation, the Committee requested the Government to amend rapidly section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, and to provide a copy of the official text applicable.

The Committee notes that the Government has issued two Orders (No. 0825/MFP/T of 2 June 2003 and No. 1011/MFP/T of 1 July 2003) which, respectively, establish a national tripartite committee and appoint the members of the committee, which is responsible for conducting the process of amending the legal texts on the right to strike and the representative nature of occupational organizations. Recalling that the Government received technical assistance from the ILO in September 2002, among other matters on issues relating to strikes, the Committee requests the Government to take all the necessary measures to accelerate the work of the above committee and to provide the text of Ordinance No. 96-009, as amended to bring the legislation into conformity with the Convention, with its next report due in 2004.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 23 September 2003.

Articles 3 and 10 of the Convention. Legislative provisions respecting the requisitioning of labour. In its previous observation, the Committee requested the Government to amend rapidly section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, and to provide a copy of the official text applicable.

The Committee notes that the Government has issued two Orders (No. 0825/MFP/T of 2 June 2003 and No. 1011/MFP/T of 1 July 2003) which, respectively, establish a national tripartite committee and appoint the members of the committee, which is responsible for conducting the process of amending the legal texts on the right to strike and the representative nature of occupational organizations. Recalling that the Government received technical assistance from the ILO in September 2002, among other matters on issues relating to strikes, the Committee requests the Government to take all the necessary measures to accelerate the work of the above committee and to provide the text of Ordinance No. 96-009, as amended to bring the legislation into conformity with the Convention, with its next report due in 2004.

The Committee also requests the Government to make any comments that it wishes to make on the observations of the ICFTU on the application of the Convention in Niger.

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

The Committee notes the summary report of the proceedings of the Labour Advisory Committee concerning the draft decree issuing the regulations of the Labour Code.

The Committee notes with regret that the Government has not sent its report on the Convention. It observes, however, that an ILO mission visited Niger in September 2002 in order to provide technical assistance to the Government and the social partners in the context of the tripartite meetings to discuss strikes and the representativeness of occupational organizations.

Articles 3 and 10 of the Convention. With regard to requisitioning, in its previous comments the Committee addressed the need to restrict the scope of Ordinance No. 96-009 of 21 March 1996 to work stoppages likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term. Noting that the Government has received technical assistance from the ILO on all strike-related issues, the Committee requests the Government to bring section 9 of Ordinance 96-009 into line with the Convention, and to send a copy of the official text adopted to that end.

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

The Committee notes the information provided by the Government in its report. It recalls that its previous comments concerned the following points:

1.  Article 4 of the Convention. Dissolution by administrative authority.  The Committee noted with concern that the Government had dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 and it urged the Government to indicate whether the SNAD had been re-established since that time in accordance with its rights. In this regard, the Committee notes with interest the signature of a protocol agreement between the Government and the Confederation of Workers’ Trade Unions of Niger (USTN), dated 21 April 2000, providing for the rehabilitation of the SNAD and the re-establishment of its rights in June 2000.

2.  Articles 3 and 10. Rights of workers’ organizations to strike in defence of their economic, social and occupational interests.  The Committee noted that section 9 of Order No. 96-009 of 21 March 1996 provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. The Committee expressed the view that the scope of this provision is too broad and that it should be restricted to cases in which a work stoppage may give rise to an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, that is services the interruption of which endanger the life, personal safety or health of the whole or part of the population. In this regard, the Committee notes that the above protocol agreement between the Government and the USTN states that the Government shall undertake to convene the Advisory Commission on Labour and the Public Service as soon as possible with a view to finalizing the work of revising the new Labour Code, the Act respecting strikes and its implementing decree. The Committee requests the Government to transmit the texts respecting requisitioning which are adopted under the above protocol agreement. Furthermore, the Committee once again requests the Government to provide it with copies of the requisition orders issued in the case of strikes, until such time as section 9 of Order No. 96-009 of 21 March 1996 is amended.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous comments which read as follows:

1. Article 4 of the Convention. Dissolution by administrative authority. The Committee had noted with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997. Recalling that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority, the Committee urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights. 2. Articles 3 and 10. Rights of workers' organizations to strike in defence of their economic, social and professional interests. The Committee had noted that section 9 of Order No. 96-009 of 21 March 1996 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the while or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests, once again, the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future with copies of the requisition orders adopted in cases of strikes.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the conclusions of the Committee on Freedom of Association concerning Case No. 1921 (see 308th Report, paragraphs 556-576). Article 4 of the Convention (dissolution by administrative authority). The Committee notes with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 as the result of a strike the union had declared in order to obtain a reimbursement of wage arrears. In this regard, the Committee recalls that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority. The Committee therefore urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights. Articles 3 and 10 (rights of workers' organizations to strike in defence of their economic, social and professional interests). The Committee notes that for state employees the exercise of the right to strike is governed by Order No. 96-009 of 21 March 1996, section 9 of which provides that in vital and/or strategic services, a minimum service must be provided on the basis of agreement between the authorities and trade unions, but also in accordance with the application of the Convention. However, section 9 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future, with copies of the requisition orders adopted in case of strikes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the conclusions of the Committee on Freedom of Association concerning Case No. 1921 (see 308th Report, paragraphs 556-576).

Article 4 of the Convention (dissolution by administrative authority). The Committee notes with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 as the result of a strike the union had declared in order to obtain a reimbursement of wage arrears. In this regard, the Committee recalls that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority. The Committee therefore urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights.

Articles 3 and 10 (rights of workers' organizations to strike in defence of their economic, social and professional interests). The Committee notes that for state employees the exercise of the right to strike is governed by Order No. 96-009 of 21 March 1996, section 9 of which provides that in vital and/or strategic services, a minimum service must be provided on the basis of agreement between the authorities and trade unions, but also in accordance with the application of the Convention. However, section 9 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future, with copies of the requisition orders adopted in case of strikes.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report. Article 3 of the Convention. With reference to its previous comments on the need to amend the legislation which restricted the right to access to trade union office to Nigerian nationals (sections 6 and 25 of the 1962 Labour Code), the Committee notes with satisfaction that section 178 of the Labour Code as amended by Order No. 96-039 of 29 June 1996 extends the right to exercise trade union office to foreign workers who have resided lawfully in the territory of Niger for three years, or less for the citizens of States which have concluded reciprocal agreements on trade unions.

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

Article 3 of the Convention. The right of workers' and employers' organizations to elect their representatives in full freedom.

The Committee, noting with regret that the Government's report contains no new information, is bound once again to recall that sections 6 and 25 of the Labour Code of 1962, which provide that members responsible for the administration or management of unions or federations must be nationals of Niger, are liable to restrict the full exercise of the right guaranteed by this Article of the Convention.

The Committee once again requests the Government to amend its legislation in the near future so that foreign workers and employers have access to trade union office, at least after a reasonable period of residence in the country (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118). The Committee recalls that the amendment envisaged, of requiring ten successive years of work in order to have access to trade union office, in no way constitutes a reasonable period and expresses the firm hope that the Government will take into account its comments when the planned revision of legislation takes place.

The Committee once again requests the Government to provide information in its next report on any progress achieved in bringing the legislation into greater conformity with the Convention.

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

Article 3 of the Convention. The right of workers' and employers' organizations to elect their representatives in full freedom.

With reference to its previous comments, the Committee notes the information supplied by the Government in its last report to the effect that the revision of the Labour Code, which it has been announcing for a number of years and which is to take into account the Committee's comments, has still not been carried out. The Government adds, however, that the Committee's previous comments have been transmitted to the technical services which should respond as soon as possible.

Under these conditions, the Committee is bound once again to recall that sections 6 and 25 of the Labour Code of 1962, which provide that members responsible for the administration or management of unions or federations must be nationals of Niger, are liable to restrict the full exercise of the right guaranteed by Article 3 of the Convention.

The Committee once again requests the Government to amend its legislation so that foreign workers and employees have access to trade union office, at least after a reasonable period of residence in the country (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 118). It expresses the firm hope that the Government will take account of its comments in the planned review of the legislation.

The Committee requests the Government to provide information in its next report on any progress achieved in bringing the legislation into greater conformity with the Convention.

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

Article 3 of the Convention. The right of workers' and employers' organizations to elect their representatives in full freedom.

With reference to its previous comments, the Committee notes with regret that in its report, the Government merely states that it has taken note of the Committee's comments concerning the conditions governing the right to organize of workers and employers carrying out their activities in the national territory and that it will provide the revised texts in due course.

In these circumstances, the Committee is bound once again to recall that section 6 of the Labour Code of 1962 which provides that members responsible for the administration or management of a professional union must be nationals of Niger and section 25, which states that section 6 also applies to union federations, are liable to restrict the full exercise of this right which is guaranteed by Article 3 of the Convention.

The Committee therefore once again asks the Government to amend its legislation so that foreign workers and employees have access to trade union office, at least after a reasonable period of residence in the country (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 118). It recalls the proposal envisaged by the Government requiring ten consecutive years of activity for eligibility to trade union office may not under any circumstances be regarded as a reasonable period, and expresses the firm hope that the Government will take account of its comments in the review of the legislation.

The Committee asks the Government to provide information in its next report on progress made in bringing the legislation into conformity with the Convention.

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

Article 3 of the Convention. The right of workers and employers to elect their representatives in full freedom.

With reference to its previous comments, the Committee notes from the Government's report that at an annual meeting of managerial personnel, in their recommendations, the participants stressed the need to authorise foreign workers to participate fully in trade union management and administration. According to the Government, this possibility would, however, only be open to foreign employees who have worked successively for at least ten years in Niger. Moreover, this proposal along with all the other recommendations will be submitted, according to the Government, to the Labour Advisory Committee of Niger for examination, comment and follow-up.

While noting this information, the Committee recalls that statutory provisions that confine the exercise of trade union functions to the nationals of a country are liable to restrict the full exercise of this right.

The Committee therefore requests the Government to adopt appropriate amendments to the present legislation in the near future so as to enable foreign workers and foreign employers to have access to trade union office, at least after a reasonable period of residence in the country, which is clearly not the case for a period of ten successive years of work, and to provide information on any progress made 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:

With reference to section 6 of the Labour Code of 1962, the Committee notes that the members responsible for the administration and management of a professional union must be nationals of Niger and that this provision applies to union federations, in accordance with section 25 of the Labour Code.

The Committee wishes to draw the Government's attention to paragraphs 159 and 160 of its General Survey of 1983 on Freedom of Association and Collective Bargaining and, in particular, to Article 3 of the Convention which guarantees the right of workers' organisations to elect their representatives in full freedom. In the Committee's view, statutory provisions that confine the exercise of trade union functions to nationals of the country are liable to restrict the full exercise of this right.

The Committee would be grateful if the Government would envisage adopting measures to make the legislation more flexible so that foreign workers have access to trade union offices, at least after a reasonable period of residence in the country.

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

The Committee takes note of the Government's reports.

With reference to section 6 of the Labour Code of 1962, the Committee notes that the members responsible for the administration and management of a professional union must be nationals of Niger and that this provision applies to union federations, in accordance with section 25 of the Labour Code.

The Committee wishes to draw the Government's attention to paragraphs 159 and 160 of its General Survey of 1983 on Freedom of Association and Collective Bargaining and, in particular, to Article 3 of the Convention which guarantees the right of workers' organisations to elect their representatives in full freedom. In the Committee's view, statutory provisions that confine the exercise of trade union functions to nationals of the country are liable to restrict the full exercise of this right.

The Committee would be grateful if the Government would envisage adopting measures to make the legislation more flexible so that foreign workers have access to trade union offices, at least after a reasonable period of residence in the country.