Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 138) sur l'âge minimum, 1973 - Niger (Ratification: 1978)

The Committee notes the Government’s report. It also notes the discussion held in June 2005 in the Conference Committee on the Application of Standards on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) by Niger, and particularly the use of children for begging, in hazardous types of work in mines and quarries, and the sale and trafficking of children in Niger for sexual and economic exploitation. The Committee further notes the report of the high-level fact-finding mission which visited Niger from 10‑20 January 2006 at the request of the Conference Committee on the Application of Standards. With regard to the use of children in hazardous types of work, the Committee refers to the comments that it is making under Convention No. 182.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the information provided by the Government that the political instability experienced by Niger had prevented the achievement of several objectives, including the “training and employment programme”. However, the Government indicated that a national discussion on education would lead to a reform of the school system with a view to the full integration of schools in Niger, particularly through the reinforcement of vocational training centres. The Government also indicated that the public authorities were to carry out information and awareness-raising activities on the danger to society of work performed by young persons who have not reached the age required for access to employment, particularly in the informal economy. The Committee requested the Government to indicate any developments in this respect.

The Committee notes that, in its report, the high-level fact-finding mission indicates that, as Niger is one of the poorest countries, the Government should “place employment at the heart of any poverty reduction strategy”. The mission also indicates that a process “of raising awareness and training on the problems related to child labour” needs to be undertaken. The mission adds that the issue of education “recurs like a leitmotif”. The Committee notes the information provided by the Government in its report according to which, as child labour has its roots in poverty, it intends to combat the phenomenon through the following strategies: the adoption of a global poverty reduction policy; the implementation of a policy of compulsory and free schooling for children, particularly girls, up to the age of at least 16, and a policy of vocational and technical training for young persons, especially through the establishment of three additional vocational and technical training centres in Zinder, Tahoua and Maradi from the beginning of the 2005-06 school year; and by undertaking information and awareness-raising campaigns in collaboration with ILO/IPEC, PAMODEC, civil society (NGOs and associations) and opinion-formers in the population (traditional and religious chiefs) on the danger represented by child labour for the future of families, populations and the country as a whole.

The Committee notes with interest that the Government is participating in the ILO/IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa (2005-06)”, in which Benin, Burkina Faso, Madagascar, Mali, Morocco, Senegal and Togo are also participating. It notes that the general objective of the project is to contribute to the abolition of child labour through three immediate objectives, namely: strengthening the capacities of national partners; awareness raising and social mobilization; and direct action to prevent and combat child labour. In this respect, the Committee notes that, according to the information available to the Office, the Government has undertaken several activities, some of which relate to the strengthening of the capacities of implementing agencies and of the members of the National Steering Committee; raising awareness of children, parents, employers, traditional chiefs, political decision-makers and the population in general of the problem of child labour; and support for vocational training in rural areas. In the context of the project, around 100 children have been removed or withdrawn for prevention purposes from exploitative work through an education and training service, and over 4,800 children and around 195 families have received direct assistance. The Committee further notes that the Government is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mines in West Africa (2005-08)” in which Burkina Faso is also participating. The specific objective of this project is to remove children from gold mines in Niger and Burkina Faso while, at the same time, establishing structures for the prevention of child labour and supporting local action, particularly measures to improve the security and income of adults working in mines.

The Committee takes due note of the measures adopted by the Government to eliminate child labour. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. The Committee considers that, in order to combat the phenomenon of child labour effectively, it is essential for the Government to take measures so that working children can be integrated into the formal and informal school system, apprenticeship or vocational training while at the same time, implementing supporting measures for the reduction of poverty. It encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the project referred to above and the results achieved in terms of the progressive abolition of child labour and access to education.

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code does not apply to types of employment or work performed by children outside an enterprise. The Committee reminded the Government that the Convention applies to all sectors of economic activity and that it covers all types of employment and work, whether or not there is a contractual employment relationship. It requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured where there is no contractual employment relationship, such as work by children on their own account. The Committee notes the information provided by the Government that the extension of the scope of application of labour regulation to children working on their own account requires formal collaboration between the Ministries of the Public Service, Labour, Mines, the Interior, Justice and the Protection of Children. The Committee hopes that the Government will take the necessary measures to ensure that discussions on this issue are held between the Ministries referred to above and requests it to provide information on any progress achieved in this respect.

Article 3, paragraph 3. Authorization to employ young persons in hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, for certain types of hazardous work, Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age. The Government indicated that, in practice, young persons under 18 years of age are not admitted to employment in mines, quarries and hazardous types of work. It added that health and safety committees had been established in enterprises and that one of their functions was training and information on safety. The Committee noted that these committees did not appear to provide adequate specific instruction or vocational training in the relevant branch of activity. It requested the Government to indicate whether young persons who are authorized to work from the age of 16 years in these types of employment or work receive adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the information provided by the Government to the effect that a distinction has to be made between three categories of young persons. In the first place, there are those whose activity is performed in the context of a formal school curriculum, namely: students in vocational and technical training schools; those who work in the context of an apprenticeship contract, under the direction of one or more professional adults with many years of experience in the trade; and those who are trained under the traditional system for learning a trade and whose superior/trainer has also been trained under this system of the transmission of practical knowledge. The Committee reminds the Government that, in addition to the requirement of training, Article 3, paragraph 3, of the Convention allows employment or work by young persons as from the age of 16 years on condition that their health, safety and morals are fully protected. With regard to young persons trained in the context of the traditional system of the transmission of knowledge, the Committee requests the Government to provide information on the manner in which safety and health committees ensure that the conditions for the work performed by young persons are not such as to jeopardize their health or safety.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the Government’s indications that, in all sectors, there was no work by young persons under 18 years of age and that the inspection reports did not refer to any violation of the applicable regulation. The Committee however noted that, according to the information available to the Office and the surveys carried out by ILO/IPEC, at the request of the authorities of Niger, 31 per cent of children who worked were between 10 and 12 years of age, and 54 per cent between 13 and 14. The Committee drew the Government’s attention to the fact that it is essential to have available precise data, both to develop the most effective systems possible to combat work by children under 14 years of age and to evaluate reliably the effectiveness of these systems. The Committee hoped that the Government would take measures to identify children who work and to reinforce the mechanisms of the law. It requested it to provide information in its next report on the manner in which the Convention is applied in practice.

The Committee notes the Government’s indications that work by young persons under 18 years of age is not common in modern socio-economic sectors and that the periodic reports of the activity of labour inspectors do not indicate violations to the relevant regulations. Furthermore, there are no reliable statistics on the employment of children and young persons. The Committee observes that the existence of technical cooperation projects to eliminate child labour demonstrates that the phenomenon exists in Niger. The Committee notes that, in its report, the high-level fact-finding mission identifies a “lack of reliable data making it possible to quantify precisely the scope and characteristics” of the problem of child labour. The mission therefore suggests that “objective and scientific surveys should be conducted with the involvement of all those concerned”.

According to the information available to the Office, a diagnostic survey is being undertaken in the two urban zones of Maradi and Niamey and in the two rural areas of Kollo and Boboye. Furthermore, a pilot study on work by girls in mines and quarries is also being undertaken. The Committee requests the Government to provide information on the findings of the above studies and on the manner in which the Convention is applied in practice, including, for instance, statistical data disaggregated by age and gender and information on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, as well as extracts from the reports of the inspection services.