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

Employment Policy Convention, 1964 (No. 122) - Niger (Ratification: 2018)

Other comments on C122

Observation
  1. 2024
Direct Request
  1. 2024
  2. 2022

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Articles 1 and 2 of the Convention. Labour market trends. The Government indicates that the National Employment Promotion Agency (ANPE) recorded a total of 48,794 jobseekers in 2022 and only 9,509 vacancies. The Government has also provided a document containing a list of labour market and vocational training indicators monitored by the National Employment and Vocational Training Observatory (ONEF), which include data on the employment of persons with certificates from vocational and technical training schools (EFPT) in 2022. However, the Government has not provided data on the general employment trends in the country, nor information on the employment of categories of persons who are particularly exposed to decent work deficits. In this regard, the Committee notes that, according to ILO statistics, the unemployment rate in Niger in 2022 was 0.4 per cent (0.3 per cent for women and 0.5 per cent for men), but that the proportion of young persons who were neither in employment nor in education or training that year was substantially higher, with a global rate of 15.7 per cent (22 per cent of young women and 8.9 per cent of young men). The Committee also notes that agriculture continued to be one of the principal motors of the national economy, with 73.4 per cent of the population of Niger working in this sector in 2022 (78.6 per cent of women and 68.1 per cent of men). The Committee further notes that almost all jobs in the country were still informal, with a rate of 98.5 per cent in 2022 (99 per cent for women and 98 per cent for men). The ILO does not have recent data on the employment of persons with disabilities. The Committee therefore reiterates its request to the Government to provide updated information, including statistics disaggregated by age and sex, on the labour market trends and unemployment in the country, including for categories of persons who are particularly exposed to decent work deficits (such as young workers, young women, persons with disabilities, rural workers and workers in the informal economy).
Employment services. The Government indicates that, during the period 2018–22, the ANPE recorded 223,372 jobseekers, of whom 47,227 were women. The Government has not provided information on the number of persons who have not found lasting employment following their registration with the ANPE. With reference to the programmes implemented by the ANPE, the Government indicates that, over the same period, 660 people registered with the ANPE benefited from on-line training. The Government also once again refers to the existence of the Vocational Integration Assistance Programme for Young Persons (PAJI), developed in 2016, which has three components: (i) the Working Life Initiation Contract (COSIVIP) to address the lack of experience of young first time jobseekers; (ii) the Enterprise Creation Assistance Programme to help young persons realize their professional projects; and (iii) the Vocational Reconversion Contract (CRP), which is intended to enable young graduates facing difficulties in finding employment to develop new skills. The Government adds that each regional ANPE agency, as well as the Konni branch, has a Vocational Information and Guidance Space (EIOP) where jobseekers can obtain personalized advice for their integration into the employment market. The Government reports that 57,488 young persons benefited from advice from EIOPs in 2022. However, the Government has not provided information on the impact of these programmes in terms of beneficiaries returning to employment and combating poverty.
The Committee recalls that national employment policies can increase the potential for employment services to achieve their objectives in several ways. First, by improving the effectiveness of employment services, national employment policies facilitate the matching of jobseekers and employers. Moreover, by developing labour market information systems, they make it possible to anticipate skills needs more effectively and to provide guidance for training decisions. Finally, they reinforce employment services and social protection systems. The Committee considers that overall and integrated strategies are essential for the creation of productive and decent jobs, thereby contributing to economic growth and social stability (see the General Survey of 2020 on Promoting employment and decent work in a changing landscape, paragraph 108). The Committee therefore requests the Government to continue providing detailed and updated information on the users and activities of the ANPE. The Committee also reiterates its request to the Government to provide statistical data on the number of persons registered with the ANPE who find lasting employment. It also once again requests the Government to provide information on the impact of the programmes and measures implemented by the ANPE in terms of persons returning to work and action to combat poverty. It further reiterates its request to the Government to provide information on the number of ANPE offices in rural areas.
Informal economy. The Committee notes the information provided by the Government on the Enterprise Formalities Centre (CFE), created over 20 years ago in November 2001, in order to enable users to complete the formalities required for the creation of an enterprises at the same place and at low cost. The Government indicates that the establishment of the CFE was a result of noting that people who wish to create an enterprise are often discouraged by the difficulty and cost of administrative procedures. The Government also provides a list of the measures adopted between 1976 and 2015 with a view to simplifying the formalities for the creation of enterprises. However, the Government has not provided information on the impact of these measures on the transition from informal to formal work. In this regard, the Committee notes that in 2022 almost all jobs in the country were still informal (98.5 per cent). The Committee therefore draws the Government’s attention to the fact that the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), provides comprehensive guidance on the elements to be taken into consideration in developing and implementing policy responses for the informal economy, which should focus on: the promotion of strategies for sustainable development, poverty eradication and inclusive growth, and the generation of decent jobs in the formal economy; the promotion of a conducive business and investment environment; the promotion of entrepreneurship, micro, small and medium-sized enterprises, and other forms of business models and economic units, such as cooperatives and other social and solidarity economy units (2021 Addendum to the General Survey of 2020 on Promoting employment and decent work in a changing landscape, paragraph 130). The Committee therefore reiterates its request to the Government to provide updated and detailed information on the nature and impact of the measures adopted for the integration of issues related to the transition from the informal to the formal economy at the heart of the new employment policy through the promotion of productive approaches, decent conditions of work and access to social protection.
Rural development. Noting that agriculture continues to be one of the principal drivers of the national economy, with 73.4 per cent of the population of Niger working in the sector in 2022, the Committee recalls that a national employment policy should promote local development strategies in rural and urban areas and that the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), proposes a number of measures in this regard. The Committee considers that local development strategies have a dissuasive effect on the informal economy and emphasizes that cooperatives can be a stepping stone to the formal economy (General Survey of 2020, Promoting employment and decent work in a changing landscape, paragraphs 443–446). In the absence of information on this subject, the Committee reiterates its request to the Government to provide information on the measures adopted for the implementation of employment programmes targeting rural areas. The Committee also reiterates its request to the Government to provide information on any measures adopted or envisaged to promote enterprise development in rural areas. With reference to the Promotion of Cooperatives Recommendation, 2002 (No. 193), the Committee also repeats its request to the Government to provide information on any measures adopted to promote decent and productive employment through cooperatives.
Micro, small and medium-sized enterprises. In its previous comment, the Committee noted the Government’s indications that the jobs created by enterprises were not stable. The Committee requested the Government to provide information on the measures adopted or envisaged to promote the creation of sustainable employment through micro, small and medium-sized enterprises (MSMEs). In its report, the Government refers briefly to the Programme for the Employment of Young Persons and Productive Inclusion (PEJIP). The Committee draws the Government’s attention to the guidance provided in Paragraph 6 of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), and emphasizes that MSMEs are drivers of economic growth and offer the potential for traditionally disadvantaged groups to gain access to productive, sustainable and quality jobs (General Survey of 2020, Promoting employment and decent work in a changing landscape, paragraph 123). The Committee requests the Government to continue providing detailed and updated information on any measures adopted or envisaged to promote the creation of sustainable jobs through MSMEs. The Committee also requests the Government to provide detailed information, including statistical data, on the impact of the PEJIP in terms of the creation of sustainable jobs. It also reiterates its request to the Government to provide information on the impact of the Assistance Programme for the Creation of Enterprises by Young Persons and the Enterprise Development Initiative Project (IDEE-OIM) in terms of the creation of sustainable jobs.
Education and vocational training. The Committee notes the information provided by the Government on the number of beneficiaries and the impact in terms of integration into the world of work of the Support Fund for Vocational Training and Apprenticeship (FAFP) for the period 2017–22. The Government also refers once again to the existence of the PAIJ. In the absence of information on this subject, the Committee reiterates its request to the Government to indicate the measures adopted to coordinate education and vocational training policies with employment prospects in the country. It also once again requests the Government to provide information on any measures adopted or envisaged for the coordination of the education and vocational training provided by the various agencies and bodies competent in this field.
Forced labour. The Committee notes the information provided by the Government on the nature and impact of the measures implemented in Niger within the framework of the ILO “Bridge” development cooperation project, the objective of which is to provide a bridge between the Protocol of 2014 to the Forced Labour Convention, 1930, and global action for the elimination of forced labour. The Government indicates that this information is taken from its 2022 report on the application of the Forced Labour Convention, 1930 (No. 29). In this regard, the Committee refers to its 2023 comments on the application of Convention No. 29, in which it noted that the National Human Rights Committee in 2021 and the United Nations Committee on the Elimination of Racial Discrimination in 2023 (CERD/C/NER/CO/22-25) emphasized the persistence in the country of slavery and slavery-like practices. The Committee therefore requests the Government to provide detailed and updated information on the nature and impact of the measures adopted or envisaged to combat the discrimination and stigmatization suffered by former slaves and the descendants of slaves so that they can find decent jobs and exercise their occupational activities freely.
Employment of women. The Government indicates that section 4 of Decree No. 2017-682 of 10 August 2017 issuing the regulations under the Labour Code prohibits any discrimination in employment and occupation on the basis, among other grounds, of sex. However, the Government has not provided information on the measures intended to promote the employment of women and combat stereotypes which influence their access to certain jobs. In this regard, the Committee notes that, in its concluding observations of 20 February 2024, the United Nations Committee on the Elimination of Discrimination against Women expresses concern that women in Niger are still under-represented in the labour force and have limited access to employment opportunities due to their low levels of education, their confinement to domestic roles based on gender stereotypes and their economic dependence on their husbands (CEDAW/C/NER/CO/5, paragraph 41). In light of the above, the Committee reiterates its request to the Government to provide detailed and updated information on any measures adopted or envisaged to promote the employment of women and combat gender stereotypes which influence their access to certain types of employment.
Youth employment. The Committee has already noted the Government’s indication that 57,488 young persons benefited in 2022 from the services of the EIOP in ANPE agencies. The Committee also notes the Government’s indication that 41.000 young persons, of whom 50 per cent were women, had benefited from the support of the PEJIP as of 15 June 2022 and that 60.95 per cent of them had been able to start, grow or diversify their economic activity. The Government adds that 3,260 young persons (including 1,638 women) benefited from the COSIVIP between 2018 and 2022, and that 499 young persons (including 62 women) received training within the framework of the CRP. The Committee requests the Government to continue providing detailed and updated information, including statistical data disaggregated by sex and age, on the impact of the youth employment programmes implemented, particularly in terms of their lasting integration into employment.
Employment of persons with disabilities. In its previous comment, the Committee noted that, in its concluding observations of 1 May 2019, the United Nations Committee on the Rights of Persons with Disabilities expressed concern at discrimination against persons with disabilities due to prejudices in the field of employment, and at the absence of incentives to promote their employment and the refusal to make reasonable adjustments at the workplace (CRPD/C/NER/CO/1). The Government indicates that the issue of disability is integrated into the major policies and programmes in the country, including the Economic and Social Development Plan (PDES, 2022-26). The Government reports the adoption of Act No. 2019-62 of 10 December 2019 establishing the fundamental principles respecting the employment of persons with disabilities, as well as its implementing Decree No. 2021/539/PRN/MSP/P/AS, of 12 July 2021. The Government has not provided copies of these texts, but indicates that the 2019 Act prohibits all forms of discrimination on the basis of disability and that section 14 of the implementing Decree of 2021 provides that any public establishment, private enterprise or non-governmental organization with at least 20 employed persons is required to reserve a quota of 5 per cent of jobs for persons with disabilities. The Government adds that, although this quota is not implemented effectively in the private sector, it resulted in the recruitment of over 500 young persons with disabilities in the public service between 2008–20. The Government adds that, in accordance with section 16 of the implementing Decree, all public and private infrastructure that admits the public, and means of transport, must have means of access adapted to persons with disabilities. In this regard, the Government indicates that most newly constructed infrastructure is equipped with access adapted to persons with disabilities and that measures are being taken for the adaptation of older structures. The Government also indicates that awareness-raising activities are undertaken during social events. With reference to the impact of these measures, the Government indicates that difficulties in access to employment are still more significant for persons with disabilities due to prejudice and a schooling and training deficit. The Committee therefore requests the Government to continue providing detailed and updated information on the measures adopted or envisaged, including within the framework of the new PNE, to promote the employment of persons with disabilities, including combating the prejudices that affect their access to jobs and facilitating their access to vocational training that is adapted to employment prospects in the country. The Committee also requests the Government to provide information, including statistical data disaggregated by sex, on the impact of the measures adopted to promote the employment of persons with disabilities, with particular reference to the quotas envisaged in section 14 of implementing Decree No. 2021/539/PRN/MSP/P/AS of 12 July 2021. In this regard, noting the Government’s indication that these quotas are not widely respected, or not respected at all in the private sector, the Committee requests the Government to indicate whether measures are envisaged to promote compliance with the national regulations, including through incentives and dissuasive measures. The Committee further requests the Government to provide a copy of implementing Decree No. 2021/539/PRN/MSP/P/AS of 12 July 2021, referred to above, and Act No. 2019-62 of 10 December 2019 establishing the fundamental principles respecting the employment of persons with disabilities.
Article 3. Consultation of the representatives of the persons affected, and particularly the representatives of employers and workers. The Government has provided information on the content of a pre-electoral protocol agreement signed in 2019 with the trade union federations. However, the Government has not provided updated information on the consultations held in accordance with Article 3 of the Convention. The Committee therefore reiterates its request to the Government to continue providing information on the manner in which, in accordance with Article 3 of the Convention, the representatives of the persons affected by employment policies, and particularly representatives of employers and workers, are consulted concerning the formulation and implementation of these policies.
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