Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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)

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat slavery and similar practices. Systematic and coordinated action. The Committee previously underlined the importance of adopting a national policy and a specific action plan to combat slavery and slavery-like practices, in view of the persistence of these practices in Niger and the complexity of their underlying causes.

The Government indicates in its report that a process is under way to incorporate the issues of forced labour, slavery and similar practices into the National Plan of Action 2022–26 of the National Commission for the Coordination of Action against Trafficking in Persons (CNCLTP). In this context, capacity-building workshops for members of the CNCLTP and of the National Agency for Action against Trafficking in Persons and Smuggling of Migrants (ANLTP/TIM), the operational structure for the implementation of policies and strategies adopted by the CNCLTP, were organized in 2022 in the context of the ILO Bridge technical cooperation project. These workshops enabled a better understanding of the various forms of forced labour and the relevant legal texts and of the roles of stakeholders and possibilities for cooperation with a view to the coherent implementation of the National Plan of Action.

The Government also indicates that several capacity-building workshops for the most representative employers’ and workers’ organizations were held in 2020 and 2021 in the context of the Bridge project, with a view to promoting their participation in the preparation and implementation of the National Plan of Action. The Government explains that it plans to amend Decree No. 2012-082/PRN/MJ of 21 March 2012 establishing the structure, composition and functioning of the CNCLTP so that employers’ and workers’ organizations are represented in it.

The Committee notes that the ITUC emphasizes in its observations that although the Government has expressed a strong political will to tackle slavery based on descent and the discrimination associated with it, the lack of sufficient resources to implement and apply laws, policies and programmes against slavery is a major problem. The ITUC notes that the mandate of the ANLTP/TIM does not cover slavery based on descent and stresses the importance of implementing a specific national strategy and action plan to eradicate slavery and slavery-like practices.

The Committee notes that the National Human Rights Committee (CNDH), in its 2021 annual report, highlights the surviving vestiges of slavery-like practices and the socio-cultural dimension of slavery. In addition, the Committee observes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 24 May 2023, expressed serious concern at reports of the persistence of slavery practices and of harmful practices against women, including those of slave descent, such as the slavery-like practice of wahaya, which entails the purchase of a girl, usually of slave descent, to become a “fifth wife” (CERD/C/NER/CO/2225).

In light of the information giving evidence of the persistence of slavery-like practices and practices similar to slavery in the country, the Committee urges the Government to take the necessary measures without delay to adopt a national policy and plan of action for the effective suppression of slavery and slavery-like practices. The Committee trusts that the competent authority which will be designated to implement this policy will have the necessary resources to perform its functions throughout the country.

Article 2 of the Protocol. Clauses (a) and (b). Prevention. Awareness-raising, education and information. As regards the current situation of slavery-like practices and awareness-raising activities undertaken, the Government refers to a number of recent studies dealing in particular with judicial prosecution for engaging in slavery and slavery-like practices. However, the Committee notes that these studies are not accessible. The Government also indicates that the National Day of mobilization against trafficking in persons has explicitly incorporated the issue of slavery since 2020. As part of the National Day, the ANLTP, with support from the Bridge project, organized a number of public conferences on slavery. Training activities for journalists were also organized in 2020 and 2021 to promote communication on forced labour and slavery. The Committee requests the Government to continue its efforts to educate, inform and raise the awareness of the public, in particular at-risk population groups and traditional and religious chiefs, regarding the reality of slavery-like practices (for example, by reporting on the various forms of slavery and similar practices, the manifestations and consequences thereof, existing legislation, penalties incurred and the rights of victims). The Committee also requests the Government to send a copy of the most recent studies on the current situation of slavery and slavery-like practices.

Clause (f). Action to address the root causes of slavery. As regards measures to tackle the root causes of the vestiges of slavery-like practices, the Committee welcomes the implementation, in the context of the Bridge project, of a programme of support for the development of means of subsistence, which has benefited 400 women of slave descent in 22 villages in the regions of Tahoua and Agadez, with an anti-slavery association. The programme is based on a series of activities aimed at the economic reintegration of beneficiaries and making them autonomous, including through vocational training, the provision of capital for income-generating activities, training in life skills and entrepreneurship, and literacy. The Government also indicates that various measures promoting schooling for children of slave descent, including children of wahaya women, have been implemented, resulting in the establishment of 848 birth certificates for children in eight villages, the enrolment of 201 of these children in school in 2021/22, and the provision of school kits for these children. In addition, 352 adults of slave descent were issued with national identity cards and another 457 with birth certificates during sessions organized at fairs for this purpose.

However, the Committee notes that, according to the observations of the ITUC, communities with slave origins are subjected to widespread stigmatization and discrimination and that because of their marginalization and the distance of their places of residence, these communities are generally neglected by government services and poverty reduction programmes. Descendants of slaves can be given away as gifts or bequests, are denied recognition of their civil status and have no access to identity documents, and most children who are descendants of slaves have no access to education. The ITUC underlines the need to pass legislation providing total and effective protection against discrimination in all areas and containing an exhaustive list of prohibited grounds of discrimination, including on the basis of slave descent.

The Committee urges the Government to take the necessary steps to combat stigmatization of, and discrimination against, former slaves and descendants of slaves; in this regard, it also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).The Committee also requests the Government to continue its efforts to tackle the root causes of the vestiges of slavery-like practices, including to ensure effective access to services dealing with the registration of births, education and employment; in this regard, the Committee also refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122).

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the absence of information on the identification, release and protection of victims of slavery. It notes that, according to the 2020 edition of the compendium of statistics of the Ministry of Justice, attached to the Government’s report, no victims of slavery or similar practices were recorded in 2018, and two victims were recorded in 2017. The Committee notes that the ITUC in its observations highlights the fact that victims of slavery have no access to adequate rehabilitation measures, and that there is no procedure for identifying and supporting victims and survivors of slavery. The ITUC underlines the need to devise a plan for the identification and release of victims and survivors of slavery-like practices, and to develop a comprehensive rehabilitation programme, including prompt access to a safe place of refuge, to medical and psychological care and to legal and social services. The Committee once again requests the Government to take the necessary proactive measures to identify, release and protect the victims of slavery-like practices, including by putting in place and publicizing a procedure for the identification of victims and by establishing a care structure for the psychological, economic and social rehabilitation of victims. The Committee also requests the Government to provide information on the number of victims of slavery-like practices who have been identified and on the number of victims who have been the recipients of assistance and protection measures.

Article 4 of the Protocol. Access to justice and compensation. The Committee previously asked the Government to indicate how the legal assistance mechanism operated by the National Agency for Legal and Judicial Assistance functioned and how the various actors cooperated to ensure that victims can assert their rights in practice. The Government indicates that the anti-slavery association Timidria, with ILO assistance, recruited 17 paralegals who are deployed in areas where slavery is prevalent, whose role includes informing victims of their rights and of procedures for access to justice as well as helping them to compile a dossier with a view to recourse to the competent judicial or administrative authorities or to obtain documents showing civil status or identity, and, if necessary, to direct them to the competent services. The Government explains that the local legal and judicial assistance offices, representing the National Agency for Legal and Judicial Assistance, have a presence in the ten high courts.

The Committee also notes that the ITUC underlines the need to establish a specific compensation fund for the victims of slavery. The Committee observes that the United Nations Committee on the Elimination of Racial Discrimination expressed concern at the difficulties encountered by victims of slavery practices in accessing the services of the National Agency for Legal and Judicial Assistance, owing to the inadequacy of its means and resources (CERD/C/NER/CO/22-25).

The Committee encourages the Government to continue its efforts to ensure that the victims of slavery-like practices know and can assert their rights, including by continuing to facilitate their access to justice and ensuring that legal assistance and compensation are actually granted to them. The Committee also requests the Government to provide information on the number of victims who have obtained legal assistance and compensation.

Article 25 of the Convention and Article 1(1) of the Protocol. Suppression and imposition of effective penalties. The Committee previously noted the lack of information on the application in practice of sections 270-1 to 270-5 of the Penal Code relating to slavery, and urged the Government to strengthen the capacities of the law enforcement bodies. The Committee duly notes the training activities carried out for the judicial authorities and law enforcement agencies in the context of the Bridge project, aimed in particular at achieving a better understanding of slavery and practices similar to slavery, perfecting procedures for the identification of cases of slavery and strengthening the role of each of the actors concerned in the penal system. The Government also indicates that two capacity-building workshops for labour inspectors on combating forced labour were held in 2021 and 2022. It explains that the inspectors will participate actively in the implementation of the CNCLTP National Plan of Action.

The Committee notes that, according to the 2020 edition of the compendium of statistics of the Ministry of Justice, attached to the Government’s report, one new case of slavery was recorded in the high and lower courts in 2018–19, and this case was prosecuted. The Committee also notes that, according to the 2022 edition of the compendium of statistics, no new cases of slavery were recorded in the high and lower courts in 2019–20, and five were recorded in 2020–21, including three which were prosecuted. As at 31 December 2020, seven persons had been convicted for acts of slavery, and five as at 31 December 2021.

The Committee notes that the ITUC emphasizes in its observations that the number of prosecutions is low and that only a few dozen slavery cases have been brought before the national courts. The ITUC also indicates that because of the distinction made between the “crime” of slavery, for which the penalty is 10 to 30 years’ imprisonment, and the “offence” of slavery, for which the penalty is 5 to 10 years’ imprisonment, the sentences handed down to do not reflect the seriousness of the violations. The ITUC insists on the need for judicial officials and the other actors concerned to receive training with respect to the provisions of the Penal Code concerning slavery.

The Committee urges the Government to continue taking steps to boost training activities for bodies responsible for applying the law (labour inspectorate, law enforcement agencies, prosecution authorities and judicial authorities) in order to enable these authorities to identify cases of slavery, conduct investigations and initiate judicial proceedings against the perpetrators of such practices. The Committee also requests the Government to ensure that the perpetrators of violations involving slavery are subjected to sufficiently dissuasive penalties, and to continue providing information on any cases of slavery identified, complaints filed and judicial proceedings initiated, and also on the number of convictions handed down and the penalties imposed under sections 270-1 to 270-5 of the Penal Code.

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