Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Niger (Ratification: 1985)

1. Articles 3 and 4(a) of the Convention. In its previous comments, the Committee drew the attention of the Government to the need to provide information on the adoption of a national policy in accordance with Article 3 of the Convention and to provide information on the measures taken or envisaged to enable workers with family responsibilities to exercise their right to the free choice of employment in accordance with Article 4(a) of the Convention. The Committee notes the Government’s statement that the national policy has not yet been adopted but that the points raised in regard to Articles 3 and 4(a) of the Convention will be taken into consideration in the adoption of the national employment policy, which is still being discussed. The Committee hopes that the Government will be in a position to indicate in its next report the measures taken or contemplated to adopt the national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and to the extent possible without conflict between their employment and family responsibilities.

2. Article 4(b). The Committee notes that the Government’s report does not include a reply concerning the measures taken or envisaged to extend the application of section 119(4) of the Labour Code - which provides for supplementary annual leave for women with dependent children - also to men with dependent children. It therefore reiterates its request to the Government to provide information on any developments in this regard as well as to supply information on any other measures taken with respect to terms and conditions of employment in order to take account of the needs of workers with family responsibilities. The Committee refers the Government to Paragraphs 17-24 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

3. Article 5. Concerning its previous request for information on the manner in which family health centres and cooperatives or other organizations assist workers in caring for their dependent children or other family members, the Committee notes that the Government states that many of the cooperatives had difficulties, often resulting in their closure, that have rendered it impossible for them to pursue their activities. The Committee requests the Government to provide information on how health centres and organizations other than cooperatives are providing community services such as childcare and family services in accordance with Article 5(b) of the Convention. Please also continue to supply information on the manner in which the needs of workers with family responsibilities are taken into account into community planning at the local and regional levels in accordance with Article 5(a) of the Convention.

4. Article 6. The Committee notes that the cooperation programme with the ILO of 2002 envisages awareness-raising and information campaigns as well as training on all the Conventions ratified by Niger. The Committee welcomes these campaigns as a valuable step to raise awareness on the provisions of Convention No. 156. It asks the Government to supply information on the measures taken or envisaged within the context of this campaign to disseminate information and educate the public on the principle of equality of opportunity and treatment between men and women and of the problems encountered by persons with family responsibilities who are employed or who want to become employed.

5. Article 7. With reference to its previous comments, the Committee notes the Government’s statement that the tripartite committee responsible for examining the assistance to be given to workers with family responsibilities who have been made redundant due to staff reductions has never been operational. Instead, the social partners together with the Government have agreed that each employer who wishes to proceed with staff reductions must develop a social plan that is being discussed between the employer and the staff representatives in the presence of the labour inspector. The Committee requests the Government to provide information on how these social plans are taking into account the specific situation of workers with family responsibilities and their possibilities to remain integrated in the labour market. Noting further that the question of vocational training and employment programmes to help workers with family responsibilities to enter and re-enter the labour market will be taken up in the document on the national employment policy, the Committee requests the Government to keep it informed of any progress achieved in this regard.

6. Article 8. Further to its previous comments concerning provisions that prohibit family responsibilities from being used as a reason for termination, the Committee notes the information that section 37 of the old Labour Code and section 33 of the interoccupational collective agreement have been superseded by section 74 of the Ordinance 96-039 of 29 June 1996 concerning the Labour Code. It further notes that sections 84 and 85 of this Labour Code provide that any termination of the employment contract envisaged by the employer shall be justified by a fault committed by the worker in the execution of his or her contract, under penalty of legal action. The Committee asks the Government to indicate whether it considers, if the occasion of a revision of the Labour Code arises, to amend the Labour Code so as to explicitly prohibit termination on grounds of family responsibilities, and to provide information on any developments in this regard.

7. Part V of the report form. Noting the Government’s statement that no statistics exist on the matters dealt with in the Convention, the Committee wishes to draw attention to the need to provide such information so as to enable the assessment of how the Convention is applied in practice.