Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 3 of the Convention. National policy. The Committee recalls that, in accordance with Article 3 of the Convention, with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. These measures therefore fall within the wider framework of gender equality. It is essential that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures be taken to promote the principle of equality of opportunity and treatment for these workers in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). The Committee recalls that the Government adopted the National Gender Policy in July 2008, which emphasizes that “for her part, the woman has the social responsibility for the functioning of domestic life, she performs household chores and cares for children and other family members”, and the National Employment Policy in March 2009. The Committee notes that a new National Gender Policy is reported to have been adopted by the Government in August 2017. The Committee requests the Government to provide information on any measures taken within the framework of the National Gender Policy of 2008 to give women, and men, the opportunity to reconcile family and professional responsibilities, and to indicate the obstacles encountered in the implementation of this Policy. The Committee also requests the Government to provide a copy of the new Policy and describe in detail the measures established to enable men and women workers to be employed or to practise a profession, to reconcile work and family responsibilities and to not be subject to discrimination on the basis of their family responsibilities, in all aspects of employment.

Article 4. Entitlement to leave. The Committee recalls that the benefits available to female workers with family responsibilities, such as the additional annual leave provided for under section 119 of the Labour Code of 2012, must also be applicable to male workers with family responsibilities. The Committee notes that the Government merely indicates that it takes note of the Committee’s comments on this matter. The Committee once again requests the Government to take the necessary measures, during a future revision of the Labour Code, to ensure that all provisions and benefits concerning workers with family responsibilities are equally applicable to men and women and to provide information on any measures taken in this regard.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the Ministry of Education plans to establish 160 community nursery schools throughout the country during the 2016–17 school year, with the support of UNICEF. It also recalls the Government’s previous indication that the eight regions of the country have operational centres for mothers and children which provide quality care to families. The Committee requests the Government to provide information on the establishment of the community nursery schools, indicating whether there are admission requirements related to the employment status of the mother and father, and on the operation of the centres for mothers and children, and any available information on the total number of children benefiting from all public or private care services and facilities in comparison to the total number of children in the population.

Article 6. Information and education. The Committee welcomes the “school for husbands” initiative, which aims to involve men in the promotion of reproductive health and encourage a change in behaviour at the community level. The Committee requests the Government to indicate to what extent this initiative enables better understanding of the principle of equality of treatment and opportunity for men and women workers and the difficulties faced by workers with family responsibilities. It requests the Government to provide information on any measures taken to this end, particularly through information and awareness-raising campaigns for the general public, with an indication of the role of the social partners in this regard.

Article 8. Protection against dismissal. The Committee recalls that the Labour Code of 2012 (sections 5 and 78) does not explicitly prohibit termination of employment on the grounds of family responsibilities. In the absence of information on the existence of non-legislative protection for workers with family responsibilities against dismissal, the Committee requests the Government to explore the possibility, in collaboration with the workers’ and employers’ organizations, of amending the Labour Code, during a future revision, with a view to including “family responsibilities” in either: (i) section 5, which specifies grounds that the employer cannot use as a basis for decisions, particularly regarding termination of the employment contract; or (ii) section 78, which specifies grounds that cannot constitute a basis for dismissal. The Government is requested to provide information on any measure taken in this regard.