Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Niger

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1979)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee previously noted the conciliation functions entrusted to labour inspectors under the Labour Code, and requested the Government to indicate the manner in which it is ensured that these functions do not pose an obstacle to the exercise of their primary functions. In response, the Government indicates in its report that an action plan to strengthen the labour inspectors’ intervention capacities has been prepared, and that emphasis has been placed on labour inspectors’ obligation to visit the enterprises within their remit at least once a year, and on the need to cooperate with the other technical services at the regional level, to increase effectiveness. The Committee nevertheless notes that, according to the 2019 annual labour inspection report, individual disputes are the most frequent and that their management is one of the obstacles to the main tasks of the labour inspectors. The Committee therefore requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, the conciliation functions entrusted to labour inspectors do not pose an obstacle to the exercise of their primary functions. The Committee requests the Government to continue providing information on the measures taken or envisaged in this regard, including those taken to implement the above-mentioned action plan.

Article 4. Organization of the labour inspectorate. In response to its previous request concerning the establishment of new inspection services at the local authority level, the Committee notes that, according to the Government, there are still 10 labour inspectorates in the country, and the Committee will be kept informed of any developments. The Committee notes this information which addresses its previous request.

Articles 5, 17 and 18. Collaboration between labour inspectors and employers and workers. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors in the performance of their duties. The Committee notes the absence of information in reply to its previous requests concerning: (i) theactivities organized to raise employers’ awareness of the role and powers of labour inspectors; and (ii) the application in practice of section 355 of the Labour Code, which provides for penalties applicable in the event of the obstruction of labour inspectors and their assistants. The Committee therefore once again requests the Government to provide further information on the application of section 355 of the Labour Code in practice, including statistical data on the violations detected and the penalties imposed. It also requests the Government to provide further information on any other activities organized or planned to promote effective cooperation between the labour inspection services and the judicial bodies, and the collaboration between labour inspectors and employers.

Articles 10 and 11. Human resources of the labour inspectorate and material resources available to inspectors. Further to its comments on the human and material resources available to the labour inspection services, the Committee notes that, according to the 2018 annual report of the labour inspectorate, there was little coverage of enterprises owing to the limited logistical resources and the size of most localities, and it was therefore necessary to equip inspectors with logistical resources and petrol for the effective performance of their duties. The 2019 annual report of the labour inspectorate also indicates the logistical difficulties faced by the labour inspection services. The Committee duly notes that, according to the Government, all the inspectorates have been provided with computer equipment within the framework of the Migration Policy Support Project of the German Cooperation Agency (APM/GIZ) and that several actions are still planned, including the renovation of certain premises and the provision of office furniture for the labour inspection services and the central administration. The Committee requests the Government to continue providing information on the measures taken to strengthen the human and material resources of the labour inspectorate. The Committee also encourages the Government to take the necessary measures to provide labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and requests the Government to provide information on the measures taken or envisaged.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes with interest that the Government has communicated the 2018 and 2019 annual labour inspection reports. It also notes that these annual reports contain information on Acts and regulations falling within the competence of the labour inspectorate and labour inspection staff, and statistics on inspections, violations committed, penalties imposed and occupational accidents (Article 21(a), (b), (d), (e) and (f) of the Convention). With regard to the periodic reports submitted to the central authority, the Committee notes the Government’s indication that some services do not report satisfactorily on certain indicators, which makes it difficult to use the statistical data. The Government also refers to difficulties concerning the availability of statistical data on cases of occupational disease. The Committee requests the Government to continue its efforts to ensure that the central inspection authority is able to publish and communicate to the Office the annual labour inspection reports covering the subjects set out in Article 21 of the Convention, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of occupational diseases (Article 21(g)). It also requests the Government to indicate the measures taken or envisaged to improve the collection of data relating to statistics on cases of occupational disease, and the periodic reports submitted to the central authority.

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Coordination of the functions and responsibilities of the system of labour administration. Application in practice. In response to its previous comments on themanner in which coordination among the various institutions and bodies of the Ministry is ensured, the Committee notes the information in the Government’s report concerning the functions of the Secretary General provided for in Order No. 0044/MET/PS/SG of 30 June 2021 on the organization of the central administrative services of the Ministry of Employment, Labour and Social Protection. The Committee notes that these functions include, in particular, the organization, coordination, oversight and monitoring of the actions of the central directorates and decentralized services, and the preparation of decisions and their implementation. The Committee notes this information which addresses its previous request.

Article 6(1). National labour policy. The Committee notes the Government’s indication that Niger does not have a national labour policy and that the Committee will be informed of any developments in this area. The Committee requests the Government to continue providing information on the measures taken or envisaged to develop a national labour policy, indicating the role of the relevant bodies involved in the process.

Article 6(2)(a). Review of national employment policy. Further to its comments concerning the advancement of the review of the 2009 national employment policy, the Committee notes the Government’s indication that the first draft of the new national employment policy was finalized after broad consultation with all stakeholders, and with the support of the Office. The Committee also notes the Government’s indication concerning the adoption of Order No. 0033/MET/PS/SG/DGE of 27 April 2018 on the establishment, functions, composition and operation of the formulation process for the new national employment policy and Order No. 0034/MET/PS/SG/DGE of 30 April 2018 on the establishment, functions, composition and operation of the technical group for the new national employment policy. The Committee requests the Government to continue providing information on any development concerning this new national employment policy, and to provide a copy of any texts adopted.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee previously noted that the Government was taking measures to extend social coverage to workers in the informal economy and requested the Government to continue to provide information in this regard. The Committee notes the Government’s indications concerning the progress made in extending social coverage, including the commitment of the Ministry of Employment, Labour and Social Protection to a process of census and regularization of mutual insurance companies, the organization of field missions, and the registration of 28 mutual insurance companies in the national register of insurance companies. The Committee requests the Government to continue providing information on the progress achieved in extending social coverage to workers in the informal economy, and on all other measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7.

Article 9. Monitoring of parastatal agencies involved in employment policy. The Committee previously noted the bodies under the supervision of the labour administration, including the National Agency for the Promotion of Employment (ANPE), the National Observatory for Employment and Vocational Training (ONEF), the National Agency for Social Welfare, and the National Occupational Election Committee (CONEP). It also requested further information on measures to ascertain whether these bodies are operating in accordance with the objectives assigned to them. In this regard, the Committee notes the information provided by the Government concerning the operation and activities of the ANPE, including the information that the ANPE is granted autonomy in its management. Section 21 of Decree No. 2018-226/PRN/NE/T/PS of 30 March 2018 on the approval of the status of the ANPE provides in particular that the President of ANEP’s governing board must communicate an annual report to the minister responsible for employment. The Committee requests the Government to provide further information on the manner in which the labour administration ascertains that ONEF, the National Agency for Social Welfare and CONEP respect the objectives assigned to them.

Article 10(2). Material means and financial resources at the disposal of the staff of the labour administration. Noting the information provided on the human and material resources of the labour inspectorates, the Committee refers the Government to the comments it has formulated above concerning the application of Labour Inspection Convention, 1947 (No. 81). It also requests the Government to provide further information on the material means and financial resources allocated to the staff of the labour administration, outside of labour inspection.