Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 29) sur le travail forcé, 1930 - Niger (Ratification: 1961)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Niger (Ratification: 2015)

1. The Committee notes the comments on the application of the Convention provided by the International Confederation of Free Trade Unions (ICFTU) on 20 August 2003 and forwarded to the Government on 26 September 2003. According to these comments, prepared by the ICFTU in collaboration with Anti-Slavery International, conditions of slavery continue to be transmitted by birth to individuals from certain ethnic groups. They are compelled to work for their master without receiving a wage, principally as shepherds, agricultural workers or domestic workers. The trade union bases its comments on a study carried out by the national association Timidria in 2002 and 2003 in six regions of Niger, covering 11,001 persons identified by the association as originating from a "slave caste". These persons generally worked directly for their master in exchange for food and a place to sleep. Certain of the persons questioned indicated that they worked for others and gave the money that they earned to their master. With reference to the definition of slavery set forth in the Slavery Convention of 1926, the great majority of the 11,001 persons questioned are in practice slaves in so far as they identify a person as being their master and the latter makes them work without paying them.

In its reply, the Government recognizes that, although the phenomenon of slavery has not been totally eradicated, its extent as indicated by the ICFTU is fairly exaggerated. It indicates that its attention has been drawn to situations of the persistence of slave-like practices in several areas of the country and that a number of measures have been taken with a view to resolving the situation. At the legal level, in accordance with article 12 of the Constitution, no one shall be subject to slavery. Furthermore, Act No. 2003-025 of 13 June 2003 amended the Penal Code by adding a section on slavery. With regard to the action taken with a view to the effective eradication of slavery and slave-like practices, the Government indicates that a forum on forced labour was held in Niamey in November 2001 with the support of the International Labour Office. The objective of this forum was to raise the awareness of traditional chiefs about this problem and to mobilize them, and these highly respected traditional authorities committed themselves to combating the phenomenon alongside the public authorities. In addition, with the assistance of the project to support the implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), training and awareness-raising activities have been undertaken for several social categories. The Government indicates in this respect that a network of experts on international labour standards has been established to intensify information and awareness-raising activities on fundamental principles and rights at work.

The Committee notes all of this information. It notes that the Government has taken many measures to combat the forced labour of persons reduced to slavery. It notes with particular interest that, following the adoption of Act No. 2003-025 of 13 June 2003, the Penal Code now classifies slavery as a criminal offence and punishes the imposition of slavery on other persons with a sentence of imprisonment of between ten and 30 years and a fine. The Committee requests the Government to provide information on the application of these new provisions in practice and particularly on the number of persons who have been charged, found guilty and punished for having exacted forced labour from persons reduced to slavery. It recalls in this respect that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

In addition, the Committee notes the study conducted in August 2001 under the auspices of the ILO on the identification of obstacles to the implementation of fundamental principles and rights at work and proposed solutions in Niger. According to this study, there exists in Niger an archaic form of slavery which is found in nomadic communities. The slave is placed at the disposal of the master without charge or in exchange for payment. The relations between master and slave are based on direct exploitation. The Committee notes that this study was discussed and was adopted and validated by the Government and the social partners. On that occasion, a number of proposals for action to combat forced labour exacted in the context of slave-like practices were made, such as:

-  the re-enforcement of the legal measures available;

-  the organization of information, awareness-raising and education activities for the population on its rights and duties;

-  the development of the conditions for access to sustainable means of subsistence through freely chosen employment;

-  conducting a national survey to identify forms of slavery, estimate the number of victims and perpetrators and identify the areas affected.

While noting the measures already taken by the Government with a view to strengthening the legal measures and organizing information and awareness-raising activities, the Committee would be grateful if the Government would provide information on the measures adopted to estimate the extent of the phenomenon of slavery in Niger and on the programmes and measures specifically adopted for former slaves or descendants of slaves to prevent them from falling back into slavery as a result of lack of means of subsistence.

2. Forced labour of children in mines. In its previous observation, the Committee noted the study undertaken by the ILO in 1999 on child labour in small-scale mining in Niger. This study covers four types of small-scale mining, namely: natron mining in Birini N’Gaouré (Department of Dosso); salt mining in Gaya (Department of Dosso); gold mining in Torodi and Téra (Department of Tillabéry); and gypsum mining in Madaoua (Department of Tahoua). According to the survey, child labour is extremely widespread in Niger, particularly in the informal sector. The work performed in small-scale artisanal mining enterprises is one of the most dangerous types of activity in the informal sector in Niger. This branch employs several hundred thousand workers with, according to the estimates in the study, a proportion of 47.5 per cent of children in small mines, with this figure rising to 57 per cent in small mines and quarries taken together. In all the above enterprises, the study shows that the working conditions of children are extremely difficult (gold washing being one of the most arduous and hazardous activities). From the age of 8 years, children carry out physically arduous and hazardous work, in most cases every day of the week for a working day of eight or more hours. The work in these concerns involves substantial risks of accidents and diseases and severely prejudices the health of the children. The study notes the absence of modern mining safety techniques on the sites visited and of health infrastructures in the vicinity. In view of the extremely precarious economic situation of the families, the children do not attend school and are often forced to work by their parents.

The Committee recalls that all work performed by children cannot necessarily be classified as forced labour. It is nevertheless indispensable, to determine whether this is a situation covered by the Convention, to examine the conditions under which the work is performed in the light of the definition of forced labour set forth in the Convention, particularly with regard to the validity of the consent given to perform the work and the possibility of leaving it. The Committee considers that neither the children concerned nor the persons exercising parental authority over them can give their valid consent for work in mines, particularly since, as the Committee has already noted, the minimum age for admission to work in Niger is 14 years in general and 18 years in the mining sector, in accordance with the Minimum Age Convention, 1973 (No. 138).

The Committee notes that in its report the Government provides copies of two texts: Order No. 051/MME/DM of 30 May 2003, establishing a technical committee to consider the formulation of proposals to optimize artisanal mining and develop small-scale mines; and Order No. 03/MME/DM establishing procedures for the supervision and control by the administration of gold-washing sites. However, it regrets that since 2001 the Government has not provided any information on the situation of children in mining enterprises. The Committee once again requests the Government to provide information on the working conditions of these children, and on any measure adopted or envisaged to protect them against forced labour.

3. Forced labour of children and begging. In its previous comments, the Committee referred to the report of the Working Group on Contemporary Forms of Slavery according to which children are forced to beg in West Africa, including Niger. According to paragraph 73 of this report, for economic and religious reasons many families entrust their children as soon as they are 5 or 6 years of age to the care of a spiritual leader (marabout) with whom they live until the age of 15 or 16 years. During this period, the spiritual leader has absolute control over the children. He is responsible for their religious education and in return forces them to perform various tasks, including begging.

The Committee also notes that, in June 2003, in its concluding observations concerning Niger the Committee on the Rights of the Child expressed its concern at the number of children that are begging in the streets. Some of these are pupils under the guardianship of Islamic religious education teachers. The Committee on the Rights of the Child expressed concern at their vulnerability to all forms of exploitation (CRC/C/15/Add.179, paragraphs 66 and 67).

The Committee considers that these children are in a relationship resembling that of a slave to a master, that is lacking freedom to control their own lives and that, as a result of this relationship, they perform work for which they have not offered themselves voluntarily. It once again requests the Government to provide information on the measures taken to protect these children against this form of forced labour. Noting that the study carried out in 2001 under the auspices of the ILO, referred to above, also contains proposals for measures to eliminate begging by these children, the Committee requests the Government to provide information on the measures taken to ensure that effect is given to these proposals.

The Committee recalls in this respect that, while the Labour Code (Ordinance No. 96-039) absolutely prohibits forced labour and establishes the corresponding penalties (sections 4 and 333), it only applies to relations between employers and workers (sections 1 and 2). The Committee has already requested the Government to take measures to extend the prohibition of forced labour to all working relations, including those existing between children and spiritual guides. The Committee hopes that the Government will make every effort to take the necessary measures for this purpose in the very near future.

In conclusion, the Committee acknowledges that the Government has taken steps to combat both slavery and the practices of forced child labour throughout the country. In view of the seriousness and widespread nature of the problems, the Committee urges the Government to give special and urgent attention to implementing effective means to eradicate these practices.