Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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)

Articles 1(1) and 2(1) of the Convention. Slavery and slave-like practices. In its previous comments, the Committee examined the matter of slavery in Niger which exists within certain communities where the status of slave continues to be transmitted by birth to persons from certain ethnic groups. The relations between master and slave are based on direct exploitation: slaves are obliged to work for their masters without remuneration, largely as shepherds, agricultural workers or domestic employees. The Committee noted that the Government did not deny that slavery still existed in certain areas of its territory but indicated that it had taken measures to combat these practices. Among the measures taken by the Government, the Committee noted:

–           The adoption of Act No. 2003-025 of 13 June 2003 which amended the Penal Code by introducing sections 270-1 to 270-5. These provisions define slavery, describe the elements that constitute the crime of slavery and the various slavery offences, and lay down the penalties applicable. They also authorize associations established for the purpose of combating slavery or similar practices to sue for damages.

–           The issue of circulars requesting the Minister of the Interior to meet with administrative heads, and religious and traditional chiefs to draw their attention to the pressing need to comply with the law and to put an end to all forms of slave-like practices.

–           The establishment in August 2006 of the National Committee to Combat Forced Labour and Discrimination to prepare a national action plan in this field on the basis of an in-depth diagnostic study. The plan was finalized in October 2007 and is due to be submitted to the Government for adoption.

The Committee notes with regret that, in its latest report received in December 2009, the Government provides no information on the measures taken to combat slavery and its vestiges, the adoption of the national action plan or the status of the study on the vestiges of forced labour. The Government only states that “the only action brought before the courts involved investigations carried out by the families of future spouses before their engagement or the refusal of a master to allow his servant to marry”. All these cases were considered to be defamation. Furthermore, the Government indicates that the difficulties in implementing sections 270-1 to 270‑5 of the Penal Code arise from the fact that “so-called slaves or descendants of slaves make no complaints about their situation or fate. On the contrary, they are pleased that the so-called master or nobleman provides them with all the care and security that they need in return for services rendered”.

The Committee expresses deep concern at the lack of concrete information provided by the Government. It notes that during the period covered by the report, it became aware of the publication, in July 2008, of a study carried out by the National Committee on Human Rights and Fundamental Freedoms (CNDHLF) on the issue of forced labour, child labour and all other forms of slave-like practices. According to this study, “slavery as defined by the international instruments does not exist in Niger but the survival of certain degrading cultural practices means that some individuals do not manage to express themselves fully”. Furthermore, the study concludes that it appears that forced labour as defined by Convention No. 29 does not exist across the entire national territory and that information and communication meetings are necessary to ensure understanding of the definition, characteristics and texts which punish forced labour.

The Committee notes, however, that on 27 October 2008, the Court of Justice of the Economic Community of West African States (ECOWAS) recognized, in a case concerning the sale by a tribal leader of a young girl of 12 years of age to be a domestic worker and concubine (the “wahiya” practice or fifth spouse) that this young girl “has been a victim of slavery and that the Republic of Niger is responsible as a result of the failure of its administrative and judicial authorities to take action against that practice”. The Court found that the Republic of Niger had not sufficiently protected the rights of the claimant against the practice of slavery and ordered the payment of a fixed allowance to the victim. The Committee also notes that, in its concluding observations, the United Nations Committee on the Rights of the Child (CRC) expressed deep concern that Niger had not provided information in its report on caste-based slavery practices while those practices exist throughout the country and that the perpetrators of these practices are not prosecuted or punished. The CRC expressed particular concern at the absence of services to free children and adult victims of traditional slavery practices and at the little efforts to educate the public about harmful slavery practices in general (CRC/C/NER/CO/2 of 18 June 2009).

Finally, the Committee notes the agreement between the National Statistics Institute and the International Labour Office, with the collaboration of the National Committee to Combat Forced Labour and Discrimination, on the preparation of a study which gives an account of the forms of forced labour found in Niger and provides estimated statistics at the national level. The results of this study should be validated by the end of 2010.

Taking into account the above information, the Committee hopes that, in its next report, the Government will be in a position to report on the measures taken towards the adoption of a national action plan on combating all forms of forced labour, in particular slavery. The Committee hopes that the national action plan will provide for measures to publicize the provisions of the Penal Code criminalizing slavery, as well as measures to raise the awareness of the population and of the key actors involved in combating slavery, particularly religious and traditional chiefs, police officers and magistrates. The Committee requests the Government to provide information on the action taken by the National Committee to Combat Forced Labour and Discrimination. Finally, the Committee requests the Government to provide information on the conclusions of the statistical survey carried out by the National Statistics Institute and the Office, including the follow-up decisions taken.

Finally, the Committee recalls that, in accordance with Article 25 of the Convention, the Government shall ensure that the penalties imposed by law are really adequate and are strictly enforced. It stresses that it is essential that the victims are actually in a position to go to the police and judicial authorities to assert their rights so that the perpetrators of slavery offences or the crime of slavery, as provided for in the Penal Code, are prosecuted and, when appropriate, sentenced. In this regard, the Committee requests the Government to indicate whether there have been any court decisions based on sections 270-1 to 270-5 of the Penal Code and, if so, to provide a copy of them.