Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Niger (Ratification: 1966)

The Committee takes note of Ordinance No. 2023-01 of 28 July 28, 2023, which suspends the Constitution of 25 November 2010, and establishes the National Council for the Safeguard of the Homeland, as well as Ordinance No. 2023-02 of 28 July 2023, on public authorities during the transition period, as communicated by the Government. It notes that, under Ordinance No. 2023-02, laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19). The Commission also notes that this Ordinance provides that Niger remains bound by ratified International Treaties and Agreements (section 3).

Article 1(a) of the Convention. Additional emoluments. Public service. Noting the Government’s indication that no progress has been made concerning the amendment of Decree No. 60-55/MFP/T of 20 March 1960 on the remuneration and various material benefits allocated to public service and administration officials, the Committee is bound to reiterate its previous request that, in line with the Government’s commitment thereto, measures be taken to incorporate into the legislation the possibility for women public officials to be entitled to the family benefit, and other compensation or bonuses on an equal footing with their male colleagues, including where both spouses are public officials.

Article 2(2). Minimum wages. Job titles. The Committee notes the information in the Government’s report that at an extraordinary session held on 2 June 2023, the National Labour Council raised the guaranteed interoccupational minimum wage (SMIG) to 42,000 CFA Francs (from 30,047 CFA Francs) as from January 2024. The Committee notes that the report does not provide information on minimum wages set at sectoral level. Where minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors employing predominantly women. Hence, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued while skills considered to be “male” are not overvalued. In addition, it recalls that it previously drew the Government’s attention to the need to use neutral terms to avoid perpetuating stereotypes that certain jobs should be done by men and others by women (“boy server”, “barman”, “governess”, “maid” (aide gouvernante)) and so forth, and that the Government’s report is silent on this point. The Committee requests the Government to provide the list of minimum wages set by sector and to indicate the measures taken to ensure that the occupations dominated by women are not undervalued compared with those dominated by men who perform different work but of the same value.

Enforcement. Labour inspection. The Government reiterates its commitment to continue to strengthen: (i) institutional capacities of the labour inspectorate through the renovation and construction of premises which are or will be for the labour inspectorate and by making financial and material resources available, dependent on the resources of the Ministry; and (ii) the operational capacities of the labour inspectorate necessary to achieve the functions entrusted to labour inspectors and other supervisory agents by providing training in targeted areas, especially in occupational safety and health, general conditions of work, international labour standards, social protection and employment. This training is delivered by the Regional African Labour Administration Centre (CRADAT), the International Training Centre of the ILO in Turin and regional capacity-building workshops. The Committee notes that the Government’s information is general and does not allow for an understanding of how these actions contribute specifically to strengthening the capacity of labour inspectors to detect inequalities in remuneration between men and women. The Committee therefore once again requests the Government to provide information on any specific measures taken to strengthen the capacity of labour inspectors to detect inequalities in remuneration between men and women for work of equal value, to thereby ensure enforcement of the principle of the Convention.

Statistics. The Committee notes the statistical data provided by the Government concerning public service staff, disaggregated by status and sex. It notes that women are under-represented in upper management positions (category A) and are over-represented in lower-level positions (categories C and D) but that auxiliary and contract workers employed by the public administration are predominantly men, with relatively low proportions of women (21.3 per cent and 13.7 per cent respectively). It notes, however, that the Government has not provided statistical information disaggregated by sex and occupational categories on the rate of remuneration of men and women. While acknowledging the complexity of the situation facing the country, the Committee requests the Government to take the necessary measures to collect, compile and analyse these data, which are essential to enable it to examine the effective application of the principle enshrined in the Convention.