Texts of pending comments

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.

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.

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of specific legislative measures providing adequate protection for public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and, for that purpose, establishing expeditious and effective penalties and procedures. The Committee notes that the Government once again indicates that freedom of association and the right to collective bargaining are recognized by article 9 of the Constitution of 10 November 2010 and that personnel who are not governed by either the provisions of the Labour Code or of the General Public Service Regulations have established trade unions. However, the Committee notes that Government still does not refer to any specific measures that would protect the above category of personnel against acts of anti-trade union discrimination, and that it does not indicate whether it has taken steps to adopt such provisions. The Committee therefore once again requests the Government to take the necessary measures without delay to include in the legislation provisions protecting public servants not engaged in the administration of the State against acts of anti-union discrimination and interference, and to establish, for that purpose, expeditious and effective penalties and procedures. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Criteria for determining the representativeness of employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on the holding of occupational elections and their outcome in order to determine the representativeness of workers’ and employers’ organizations. The Committee notes with interest the Government’s information concerning the holding and results of the occupational elections that took place in 2019 and Order No. 0072/MET/PS/DGT/DT/PDS of the Ministry of Employment, Labour and Social Protection of 19 September 2019 declaring the final results of the occupational elections of 31 July 2019. The Committee trusts that the holding of these elections and the resulting determination of the representativeness of professional organizations will contribute to the increased use of collective bargaining mechanisms in the country. In this regard, the Committee requests the Government to provide information on the number of collective agreements signed and in force in the country, the sectors concerned and the workers covered. It also requests the Government to provide information on any other measures adopted or envisaged to promote collective bargaining.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee, after having noted with satisfaction the conclusion, between 2012 and 2014, of four major collective agreements concerning both the public and private sectors, invited the Government to ensure that the legislation in force is aligned with the practice concerning the recognition and exercise of the right to collective bargaining in the public sector, and to continue providing information on the number of collective agreements concluded in the public sector. The Committee notes that the Government confines itself to indicating that freedom of association is a constitutional right in Niger, the exercise of which is not subject to any restrictions, but does not provide any new information in response to the Committee’s specific requests. The Committee therefore once again requests the Government to take all the necessary measures to ensure that the legislation in force is aligned with the practice and guarantees the right to collective bargaining of public servants not engaged in the administration of the State who are governed by a specific legislative or regulatory status, and accordingly excluded from the application of section 252 of the Labour Code.

Article 1 of the Convention. Policies and programmes. Close links between employment and vocational training. The Committee notes the Government’s indication concerning the finalization of the first draft of a new National Employment Policy in 2018. It also notes the information provided regarding the various programmes run by the National Employment Promotion Agency (ANPE) and the partnerships concluded by the ANPE in the areas of vocational training and vocational guidance, namely: the internships supported by the Young Persons’ Integration Programme (PAIJ); the programme to support enterprise creation; the programmes implemented by the ANPE with the support of the Skills Development Project for Growth (PRODEC); the partnership agreement signed between the ANPE and the Vocational Training and Apprenticeship Support Fund (FAFPA), the implementation of which included the training of 190 persons in various fields at the direct request of enterprises or following the ANPE’s observation of a lack of skills on the labour market; and the partnership agreement with an online training platform, through which job applicants in Niger will be able to receive free training in certain areas. The Committee further notes the information provided by the Government concerning the activities carried out by the FAFPA during the period 2018–19, according to which 17,291 persons benefitted from the various training courses provided. However, the Committee notes that the Government does not indicate the number of beneficiaries who gained access to employment following their participation in these programmes. The Committee requests the Government to provide information on any progress made concerning the adoption and content of the new National Employment Policy, specifying the provisions concerning human resources development, and indicating the manner in which the new National Employment Policy envisages the establishment of close links between vocational guidance, vocational training and employment. It requests the Government to provide a copy of the new National Employment Policy once it has been adopted. The Committee further reiterates its request for information on the coordination of activities and programmes implemented by the various competent agencies and bodies in the areas of vocational guidance and vocational training, in particular the ANPE and the FAFPA. It also requests the Government to indicate the manner in which it ensures that these programmes and activities are comprehensive and coordinated, as required by Article 1 of the Convention. The Committee finally requests the Government to provide updated statistical data, disaggregated by sex, age and sector, on the results achieved by vocational guidance and vocational training programmes in terms of the labour market integration of beneficiaries.

Article 1(5). Equality of opportunity. In its previous comments, the Committee requested the Government to provide information concerning the inclusion of gender issues in vocational training and vocational guidance programmes, as well as the status of persons with specific needs, such as persons with disabilities. The Committee notes the Government’s indications concerning the participation rate of women in the internships provided under the contract for initiation to working life (COSIVIP), which is 43.78 per cent, and in the entrepreneurship training provided under the programme to support enterprise creation, which is 36 per cent. The Government further indicates that in these placement services, the ANPE adopts an equality of opportunities approach for the integration of all job applicants of both sexes and those belonging to specific groups, such as persons with disabilities. Concerning the activities and programmes implemented by the FAFPA, the Government indicates that a quota of 30 per cent is reserved for women during planning, and that during recruitment, the FAFPA applies positive discrimination in favour of women candidates. The Government refers to the results of a survey on the labour market integration of young persons in the regions of Agadez and Zinder, and indicates that the proportion of young women trained by the FAFPA and integrated into the labour market was 35.33 per cent. Concerning the measures taken to encourage women to undertake training in non-traditional areas, the Government indicates that the regional branches of the FAFPA conduct awareness-raising activities with a focus on the importance of training in industrial fields for young women and that, during registration, young women are directed towards these fields. The Government indicates, for example, that in 2019, the FAFPA regional branch in Niamey trained 30 young women in electrical building services, and states that gender issues are addressed in all FAFPA activities. The Committee welcomes the measures taken by the Government to increase the participation of young women in the activities and programmes implemented by the FAFPA. It requests the Government to continue providing updated and detailed information on the specific measures aimed at encouraging and enabling women to develop and use their vocational skills throughout their lives, in all branches of activity and at all levels of skills and responsibility, including in non-traditional areas. The Committee also requests the Government to provide updated and detailed information on the measures taken to ensure that specific groups of workers who encounter difficulties in obtaining employment, such as young persons, persons with disabilities, rural workers and workers in the informal economy, benefit from equal access to lifelong vocational guidance, education and training opportunities.

Article 3. Information systems. The Committee notes the Government’s indications concerning the number of jobseekers and employers who have benefited from services matching vacancies and jobseekers between 2011 and 2018. The Government also indicates that the ANPE plans to develop a computer application to further facilitate labour market mediation. The Committee also notes the Government’s indications regarding the awareness-raising actions undertaken by the FAFPA, which aim to increase awareness of the opportunities provided by training, and which target all strata of society. In this regard, the Government refers to the information and guidance system for young persons under the NIG 801 project, implemented by the FAFPA in partnership with the European Union, and indicates that the Council for Young Persons and the Regional Council are involved in identifying young persons, and that persons with disabilities are supported through the provision of training and integration. Noting that the NIG 801 project was designed to support the training and integration of young women and men in the regions of Agadez and Zinder, and that the project ended in November 2020, the Committee requests the Government to provide updated information on the measures taken to progressively extend the systems of vocational guidance and continuous employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to young persons and adults. It also reiterates its request to the Government to describe the type of information available for the purposes of vocational guidance, and the manner in which this information is kept updated, and to provide examples of the documentation available.

Article 5. Cooperation with the social partners. While noting the information provided by the Government on the powers and the tripartite composition of the ANPE Executive Board, the Committee recalls that, on page 47 of its 2010 General Survey concerning employment instruments, it indicates that consultation with the social partners in both the design and implementation of training policies and programmes is imperative to ensure the application of the Convention. The Committee therefore requests the Government to continue providing updated information on the participation of employers’ and workers’ organization in the formulation and implementation of vocational guidance and vocational training policies and programmes.

The Committee welcomes the ratification by Niger of the Protocol of 2014 to the Forced Labour Convention, 1930, which bears witness to the Government’s commitment to prevent and eliminate all forms of forced labour.

Articles 1(1) and 2(1) of the Convention, and Article 1(1) of the Protocol. Effective measures to combat slavery and similar practices. 1. Systematic and coordinated action. The Committee has been examining the issue of the persistence of slavery-like practices in Niger for many years. The Committee has welcomed the Government’s commitment to combating these practices, including with the technical assistance of the Office provided within the framework of the support project to combat forced labour and discrimination (the PACTRAD project). Nevertheless, although noting the existence of a legislative framework that criminalizes slavery, the Committee observed that the institution initially established to coordinate action to combat slavery-like practices, the National Commission to Combat the Vestiges of Forced Labour and Discrimination, lacked the resources to discharge its functions. The Committee considered that the Government should intensify its efforts to bring an end to slavery-like practices and take the necessary measures for the adoption of a national strategy to combat slavery.

In its report, the Government indicates that it has opted for an overall plan to combat trafficking in persons and forced labour by reinforcing the presence of the Ministry of Labour within the National Commission to Combat Trafficking in Persons (CNLTP) and through the closer involvement of the social partners. It also refers to the activities carried out within the framework of the PACTRAD II project, the general objective of which is to contribute to a significant reduction in the number of victims of forced labour, with the immediate objective of the progressive elimination of the vestiges of slavery. In this context, technical meetings for the exchange of information have been organized so that the various actors have a better knowledge of the priorities and means of intervention used by each of them.

The Committee notes this information. While noting the Government’s indication that it has adopted an overall approach to combating trafficking in persons and forced labour within the framework of the National Commission to Combat Trafficking in Persons, the Committee recalls that the issues of trafficking in persons and the vestiges of slavery have their own characteristics and require different specific action. Action to combat trafficking in persons was defined and provided with a framework by Ordinance No. 2010-86 of 16 December 2010 on action to combat trafficking in persons and is covered by a national plan of action implemented by the National Agency for action to combat trafficking in persons and the smuggling of migrants (ANLTP/TIM) (see, in this respect, the Committee’s comments in its direct request). The crimes and offences of slavery were introduced into the Penal Code in 2003, without an overall strategy being established to combat these practice. The Committee has previously emphasized the complexity of the factors underlying the persistence of slavery-like practices and the need for a specific response. The Committee therefore urges the Government to take the necessary measures for the adoption of a national policy and plan of action to combat slavery and slavery like practices with a view to ensuring the adoption of systematic and coordinated action by the competent authorities and the determination of the objectives to be achieved and the measures to be taken. Please indicate in this regard the manner in which employers’ and workers’ organizations are consulted. The Committee also requests the Government to indicate the authority that will be competent for the implementation of this policy and to specify the measures taken to ensure that it has the resources to discharge its functions throughout the national territory.

2. Article 2 of the Protocol. Prevention. Awareness-raising, education and information (clauses (a) and (b)). The Committee notes the information provided by the Government on the training and awareness-raising activities organized within the framework of the PACTRAD II project for traditional chiefs, journalists in the public and private press, universities and the National School of Administration, with a view to promoting a change of mentality and behaviour. It notes that, following the theoretical and practical training provided to the Association of Traditional Chiefs of Niger (ACTN), the Association adopted a plan of action to combat forced labour and similar practices. The Committee further notes the Government’s indication that, in the context of the Bridge technical cooperation project, it is planned that the ANLTP/TIM will undertake studies on the situation of slavery in locations where vestiges of slavery still persist with a view to the adoption of a strategy to combat slavery.

The Committee recalls that the availability of reliable data on the nature and incidence of slavery-like practices in Niger is an essential prerequisite. It strongly encourages the Government to take the necessary measures to undertake, with the assistance of the Office, a study on the situation with regard to slavery and slavery practices to gain a better understanding of the characteristics of such practices, and particularly the multidimensional nature of the relationship that exists between victims and their masters. The Committee requests the Government to continue providing information on the awareness-raising activities carried out for the various competent authorities and actors concerned, as well as the population. Please indicate the manner in which these activities target zones and populations that are at risk.

Action to address the root causes of slavery (clause (f )). The Committee welcomes the various types of action undertaken within the framework of the PACTRAD II project to address the root causes of slavery. It notes in particular the measures taken which led to the creation of community schools (MODECOM) in areas in which communities with slave origins are established, with a view to promoting their emancipation; the organization of a campaign in fairs to draw up birth certificates and identity documents to combat the marginalization of these populations by enabling them to have access to their rights (the right to vote, education and other services); and support services for the independence of households of slave origins in the commune of Tajaé.

The Committee requests the Government to continue taking measures to address the root causes of the vestiges of slavery-like practices, with an indication of the framework within which the activities are carried out and the manner in which they are coordinated. It requests it to specify whether programmes are specifically targeted at former slaves or the descendants of slaves with a view to ensuring they have sufficient means of subsistence so that they do not fall back into a situation of dependence in which they are vulnerable to the exploitation of their labour. In this regard, the Committee also refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it emphasized the importance of combating the discrimination and stigmatization of which former slaves and the descendants of slaves are victims, including in relation to access to productive resources, such as land, so as to enable them to have a job or engage freely in their activities.

3. (Article 3 of the Protocol). Identification and protection of victims. With regard to the identification and protection of victims, the Committee notes that the information provided by the Government mainly concerns the measures adopted or envisaged for the victims of trafficking in persons. It emphasizes in this regard that the victims of slavery are in a situation of economic and psychological dependence which requires specific action by a series of actors in society to detect cases of slavery and help victims to leave their situation of dependence. The Committee therefore requests the Government to take the necessary measures to ensure that the victims of slavery are identified and released and that they benefit from protection that is adapted to their situation so that they can rebuild their lives outside the slave-master relationship. The Committee also requests the Government to provide information on the situations that are denounced, the number of potential victims identified, those who have benefited from protection, the nature of such protection and the institutions that have provided such assistance.

4. (Article 4 of the Protocol). Access to justice and compensation. The Committee previously noted that the Penal Code empowers any association that has the objective of combating slavery and similar practices to bring civil action for compensation for the damages caused by offences related to slavery (section 270-5). It also noted that vulnerable people who do not have the necessary income can benefit from legal and judicial assistance administered by the National Agency for Legal and Judicial Assistance. The Government indicated that this assistance constitutes significant progress in allowing victims to re-establish their rights. The Committee once again requests the Government to indicate the manner in which in practice legal assistance is provided to persons identified as potential victims of slavery. It requests the Government to indicate the manner in which the various actors (civil society associations, the forces of order and the National Agency for Legal and Judicial Assistance) cooperate to ensure that victims are in practice able to assert their rights and have access to justice. The Committee also requests the Government to ensure that victims have easy access to appropriate compensation mechanisms for all the damages that they have suffered.

5. (Article 25 of the Convention and Article 1(1) of the Protocol). Imposition of effective penal sanctions. The Committee notes that, since the adoption of the provisions criminalizing slavery in 2003 (Act No. 2003-025 of 13 June 2003, which introduced sections 270-1 to 270-5 on slavery into the Penal Code), very little information has been provided on the prosecutions brought and the sentences handed down against those engaging in slavery. The Government refers to several training activities undertaken between 2013 and 2017 in the defence and security forces within the framework of training modules on human rights, and to awareness-raising activities on trafficking in persons for actors in the criminal justice system. The Committee notes this information and once again emphasizes the need to carry out more targeted activities on the subject of slavery and the related legislative provisions. The Committee urges the Government to take the necessary measures to strengthen the capacities of the forces of order, the prosecution services and the judicial authorities to ensure that cases of slavery are identified, evidence collected and prosecutions initiated so that those responsible for such practices are punished under the terms of sections 270-1 to 270-5 of the Penal Code. The Committee requests the Government to provide detailed information on this subject in its next report.

The Committee notes that a new ILO technical cooperation project (the BRIDGE project) has been implemented since the beginning of 2020 and that its objectives include support for the preparation of a national plan to combat slavery and similar practices, and the reinforcement of a coordination mechanism. The plan also includes activities intended to raise awareness of this issue and the inclusion of victims of slavery in projects to facilitate their independence and social integration. The Committee hopes that the assistance of the Office will support the Government in the implementation of the recommendations set out above.

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

Articles 1(1) and 2(1) of the Convention, and Article 1(1) of the Protocol of 2014 to the Forced Labour Convention, 1930. Effective measures to combat trafficking in persons. 1. Systematic and coordinated action. The Committee previously noted that the framework to combat trafficking in persons, established by Ordinance No. 2010-086 of 16 December 2010 respecting action to combat trafficking in persons (hereinafter the Trafficking Ordinance), is implemented through the National Coordinating Commission to Combat Trafficking in Persons (CNCLTP) and the National Agency for Action to Combat Trafficking in Persons and the Smuggling of Migrants (ANLTP/TIM). The Agency is responsible for the implementation of the National Plan of Action to combat trafficking in persons for the period 2014-2019, which covers six strategic areas. The Government indicates in its report that a new plan of action to combat trafficking in persons and the smuggling of migrants, covering the period 2020-2024, is currently being approved. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the various parts of the National Plan of Action to combat trafficking in persons for the period 2014-2019, the evaluation reports and activities undertaken in this respect by the CNCLTP and the ANLTP/TIM. It requests the Government indicate the objectives set out in the Plan of Action, the measures envisaged for their achievement and the manner in which the CNCLTP and the ANLTP/TIM ensure that systematic action is taken by the competent authorities. Lastly, it requested the Government to indicate the manner in which employers’ and workers’ organizations are consulted.

2. Article 2 of the Protocol. Prevention. Awareness-raising, education and information (clauses (a) and (b)). The Committee observes that the National Plan of Action to combat trafficking in persons includes a section on prevention. In this respect, it notes the information provided by the Government on the activities organized by the ANLTP/TIM with a view to the provision of information and awareness-raising on the issue of trafficking in persons, and particularly the public conferences and debates, televised debates and the activities undertaken within the framework of the commemoration of the National Day of Mobilization against Trafficking in Persons in Niger, which was held for the fifth time on 28 September 2019. The Committee requests the Government to continue providing information on the activities undertaken throughout the national territory to educate and inform the population on the issue of trafficking in persons. It also requests the Government to indicate the measures adopted to target vulnerable persons who could become victims of trafficking, such as migrants in transit through Niger who wish to reach North Africa and Europe.

Furthermore, noting that section 6 of the Trafficking Ordinance provides for the regular collection and publication of statistics on trafficking in persons, the Committee requests the Government to indicate the measures taken to ensure the collection of such data and, where possible, to provide a copy.

Strengthening of inspection services (clause (c )). The Committee takes due note of the Government’s indication that the ANLTP/TIM is planning to strengthen the capacities of labour inspectors with a view to improving the detection of cases of trafficking and labour exploitation. The Committee requests the Government to describe the measures adopted for this purpose.

Protection of migrants during the recruitment process (clause (d )). The Government indicates that a bilateral agreement has been concluded between Niger and Saudi Arabia under the terms of which Saudi Arabian recruitment agencies have to offer a model contract to migrant workers from Niger and establish training centres to familiarize them with national migration procedures, customs and language. The Committee requests the Government to indicate whether agreements of this type have been negotiated and signed with other countries. It also requests it to indicate whether there are recruitment agencies on the national territory which place workers from Niger abroad, the manner in which they are regulated and, where appropriate, the manner in which they raise the awareness of prospective migrants concerning the risks related to migration.

3. Article 3 of the Protocol. Identification and protection of victims. The Committee notes that the ANLTP/TIM can receive information from individuals and associations concerning cases of trafficking. It analyses the information and, where necessary, draws up a report setting out the evidence which it submits to the Public Prosecutor of the Republic (section 12 of Decree No. 2012-083 of 2012 determining the organization, composition and operating procedures of the ANLTP/TIM). The Government adds that the ANLTP/TIM is engaged in drawing up the standard operating procedures for the identification, registration, assistance and support for victims of trafficking, including forced labour. The Committee requests the Government to provide information on the number of potential cases of trafficking brought to the attention of the ANLTP/TIM and the number of those cases referred to the Public Prosecutor of the Republic. It also requests the Government indicate the manner in which the ANLTP/TIM collaborates with civil society organizations that are active in this field. Lastly, noting that the standard operational procedures for the identification, registration, assistance and provision of support for victims are an important tool for strengthening the capacity of the competent authorities to identify victims of trafficking and provide them with adequate protection, the Committee hopes that the Government will take the necessary measures to ensure that these procedures are adopted and disseminated broadly to these authorities.

The Committee notes that the Trafficking Ordinance includes a series of provisions setting out protection measures for victims, including accommodation, legal, medical and psychological assistance, repatriation, financial support and access to employment (Chapter VI). These measures are ordered by the prosecutor following the opening of the judicial investigation. Section 59 of the Ordinance envisages the provision of assistance to victims abroad who are nationals of Niger. The Government adds that a reception centre for victims of trafficking has been established in Zinder (July 2019) and that two others are planned in Niamey and Agadez. The Committee requests the Government to provide further information on the operation of the reception centre in Zinder and on the number of persons who have been received there; and to indicate whether it has been possible to establish other reception centres. The Committee also requests the Government to describe the protection measures provided to victims of trafficking with a view to their recovery and rehabilitation.

4. Article 4 of the Protocol. Access to remedies and compensation. The Committee notes that the Trafficking Ordinance provides for the possibility for associations to represent victims in court and a certain number of rights and guarantees for victims during judicial procedures, including the right to be informed, to an interpreter, the protection of their privacy, and confidentiality (sections 39 to 45). The Ordinance also provides that the courts shall award compensation to victims in recognition of the prejudice suffered, which shall be paid within a reasonable period. They can order the allocation of confiscated property or its value for the compensation and protection of victims. Moreover, the return of victims to their country of origin does not prejudice their right to compensation (section 36). The Government indicates that the draft decree establishing the operating procedures and management of the special compensation fund for victims of trafficking is in the process of adoption.

The Committee notes all of the provisions intended to facilitate the access of victims of trafficking to remedies and compensation. The Committee hopes that the Government will take the necessary measures for the establishment of the special compensation fund for victims of trafficking. It requests the Government to indicate the number of victims to whom the courts have awarded compensation and specify the measures taken to enforce the execution of these rulings. In more general terms, the Committee requests the Government to specify the manner in which legal assistance is provided to victims, including those who have left the national territory, and describe the action taken in this respect by the National Legal Assistance Agency and by civil society associations. It also requests the Government to describe the manner in which these institutions cooperate with the judicial system to guarantee victims access to effective remedies and compensation.

Non-prosecution of victims. The Government indicates that, among the reasons for not being held liable, section 41 of the Penal Code provides that “there shall be no crime, offence or violation in cases where the accused was in a state of insanity at the time of the act or where that person was under constraint from force that could not be resisted.” The Government also refers to section 32 of the Trafficking Ordinance, under the terms of which victims of trafficking shall not be prosecuted or convicted for the offences covered by the Ordinance, including unlawful entry or residence in Niger. The Committee notes these provisions and observes that the Trafficking Ordinance authorizes the authorities not to prosecute victims solely for violations related to their entry or residence on the national territory. The Committee requests the Government to indicate whether the provisions of section 41 of the Penal Code could be used to decide not to prosecute victims of trafficking who have been forced to engage in other types of unlawful activities (prostitution, drug trafficking, begging). If so, please indicate whether instructions have been issued in this respect to the forces of order and the prosecution services.

5. Article 25 of the Convention and Article 1(1) of the Protocol. Imposition of penalties. In its previous comments, the Committee requested the Government to provide information on the judicial procedures initiated under the provisions of the Trafficking Ordinance and on the problems identified by the law enforcement authorities, as they had referred to obstacles and inconsistencies in the application of the Ordinance. The Government refers to several training and capacity-building activities for the forces of order and actors in the criminal justice system. It provides statistics on the number of persons prosecuted and convicted for this crime in 2015 and 2016. The Committee observes in this respect that, according to the information contained in the document entitled “Collection of administrative data on trafficking in persons and similar offences in Niger, 2015”, that certain officials responsible for police commissariats experienced difficulties in making a distinction between trafficking in persons and the smuggling of migrants.

Observing that Niger has been confronted with a situation of widespread migration for a number of years, the Committee encourages the Government to continue developing training and capacity-building activities for all the actors involved in the process of the identification, prosecution and repression of the crime of trafficking in persons. The Committee also requests the Government to continue providing information on the prosecutions initiated in cases of trafficking and on the penalties imposed. Moreover, noting that, in accordance with the Trafficking Ordinance, the assets and all the property of an association can be seized, confiscated and allocated to the public treasury or the special compensation fund for victims of trafficking, the Committee requests the Government to indicate whether the courts have made use of this possibility.

Articles 1(1) and 2(1) of the Convention. Indirect compulsion to work in the event of vagrancy. For many years, the Committee has been drawing the Government’s attention to sections 177 and 178 of the Penal Code, which penalize vagrancy by defining it too broadly, thereby potentially becoming a means of indirect compulsion to work. In accordance with these provisions, vagrants, who are defined as persons with no fixed abode or means of subsistence and who habitually have no trade or occupation, are liable to a sentence of imprisonment of from three to six months. Noting the indication by the Government that sections 177 and 178 of the Penal Code have fallen into abeyance and will be repealed on the occasion of a forthcoming modification of the Penal Code, the Committee hopes that they will be repealed in the very near future so as to ensure that persons considered to be vagrants who do not disrupt public order are not liable to penalties.

Article 1(a) of the Convention. Additional emoluments. Public service. The Committee recalls that under Decree No. 60-55/MFP/T of 30 March 1960 regulating the remuneration and material benefits of officials in state public administrations and establishments, men and women public officials do not benefit from family allowances and other benefits and bonuses on equal terms and it asked the Government to take the necessary steps to ensure that they can do so. Noting the Government’s indication that measures are being taken in the new apparatus to incorporate the possibility in the legislation for women public officials to be entitled to the family benefit, including where both spouses are public officials, the Committee requests the Government to adopt these measures without delay and provide a copy of the relevant provisions.

Article 2(2)(c). Collective agreements. The Committee notes that the Government’s report does not contain any new information on this point. The Committee therefore once again expresses the hope that the Government will take steps to raise the awareness of the social partners regarding the importance of ensuring that collective agreements, particularly the future inter-occupational collective agreement, contain clauses on equal remuneration for men and women for work of equal value and establish the means to implement this principle.

Minimum wages. Job titles. In its previous comment, further to the adoption of Decree No. 2012-358/PRN/MFP/T of 17 August 2012 fixing the minimum wages for occupational categories of workers governed by the inter-occupational collective agreement, the Committee drew the Government’s attention to the need to use neutral terminology to avoid perpetuating stereotypes according to which certain jobs should be done by men and others by women (boy server (barman), gouvernante (housekeeper), aide gouvernante (maid), etc.). Noting that the Government does not provide any information on this point, the Committee once again requests the Government to adopt measures in future reforms, in collaboration with employers’ and workers’ organizations, to ensure the use of gender-neutral terminology for different jobs and occupations in legislation and collective agreements fixing minimum wages.

Enforcement. Labour inspection. The Committee notes the Government’s undertaking to continue, as far as resources permit, to strengthen the institutional and operational capacities of the labour inspectorate, particularly through training in targeted areas. With regard to monitoring of the application of the principle of equal remuneration for men and women for work of equal value, the Committee once again requests the Government to provide information on any specific measures taken to strengthen the capacity of labour inspectors to detect inequalities in remuneration between men and women.

Statistics. While noting the statistical data relating to numbers of women and men officials provided by the Government, the Committee requests the Government to take the necessary steps to collect, compile and analyse information, disaggregated by sex, on the employment of men and women in the private sector and on their respective earnings in the public and private sectors, since these data are essential to enable the Committee to assess the application in practice of the principle of the Convention.

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.

Article 2(3) of the Convention. Adequate safeguards against abusive recourse to contracts of employment for a specified period of time. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which section 62 of the Labour Code guarantees adequate protection against abusive recourse to contracts for a specified period of time, as it allows contracts for an unspecified period to be renewed freely and without limitation. The Committee notes that the Government makes general references to sections 61, 62 and 77(4) of the Labour Code, without indicating the manner in which the above-mentioned section 62 gives effect to Article 2(3) of the Convention. The Committee therefore reiterates its request to the Government to indicate the measures taken or envisaged to provide adequate safeguards against abusive recourse to contracts for an unspecified period of time. It also requests the Government to provide detailed information on the manner in which section 62 of the Labour Code gives effect to Article 2(3) of the Convention, and to provide copies of relevant court decisions relating to the application of this provision of the Convention.

Article 10. Granting of compensation, declaring unjustified termination invalid and reinstatement. In its reply to the Committee’s previous comments, the Government attaches three court decisions to its report. The Committee notes that in one of these decisions, the Niamey labour tribunal declared lawful and legitimate the dismissal of a worker for serious misconduct and ordered him to pay damages. In the two other decisions, both the local court and Niamey labour tribunal awarded compensation to the complainant workers for their unfair dismissal. The Committee requests the Government to continue to provide relevant court decisions relating to the application of this provision of the Convention and, particularly, decisions declaring unjustified termination invalid and reinstating the worker.

Article 11. Period of notice. In its previous comments, the Committee requested the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code which would allow termination without notice, as well as to keep it informed of any developments concerning the adoption of the draft regulations of the Labour Code. The Committee notes that the Government refers to the above-mentioned decisions attached to its report. The Committee notes that in one of these decisions, the local court, referring to the notion of serious misconduct set out in section 90(2) of the Labour Code, ruled that despite the proven serious misconduct, the dismissal of one of the workers was abusive because a double penalty, consisting of suspension and dismissal, had been imposed. Furthermore, the Committee notes that in another decision provided by the Government, the Niamey labour tribunal concluded that the dismissal of the worker was lawful and legitimate, having assessed the serious misconduct attributed to the worker (who, among other things, had reported, with malicious intent, acts of forgery and the use of forged handwriting falsely attributed to some senior staff in the enterprise). The tribunal also observed that the conditions under which a contract for an unspecified period may be terminated and the procedure to be followed are established in sections 78, 79 and 227 of the Labour Code. In addition, the Committee notes the adoption of Decree No. 2017-682/PRN/MET/PS on the regulatory component of the Labour Code, on 10 August 2017. It also notes that the above-mentioned Decree uses, but does not define, the notion of serious misconduct. The Committee requests the Government to continue to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code.

Application of the Convention in practice. The Committee takes note of the court decisions attached by the Government to its report with regard to the justification for dismissal, the appraisal of serious misconduct and the notice period, whereby the court applied the principle of the prohibition of dismissal without just cause and consequently, awarded damages. It notes, however, that the Government does not provide statistics on the application in practice of the Convention. The Committee requests the Government to continue providing updated information on the application in practice of the Convention, particularly court decisions involving issues of principle relating to the application of the Convention. It once again requests the Government to provide statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.

Comments adopted by the CEACR: Niger

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C142 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C158 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)