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

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

The Committee takes note of Ordinance No. 2023-01 of 28 July 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laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19).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 3 of the Convention. National policy. The Committee notes the Government’s indication in its report that in 2017 it adopted a new National Gender Policy, focused on four strategic objectives: (i) improvement of the socio-cultural environment vis-à-vis demographics, peace and security to ensure greater equity between men and women; (ii) strengthening of the institutional and legal framework for the effective application of women’s and girls’ rights, the fight against gender-based violence and the equitable participation of men and women in the management of powers; (iii) economic empowerment and inclusive growth in relation to the sustainable management of the environment, disaster risk management, migration and humanitarian emergencies; and (iv) strengthening of institutional mechanisms and organizational frameworks for coordination, follow-up and partnership. It notes that the description of the country circumstances in the National Gender Policy includes acknowledgement that “the traditional organization of society of Niger is patriarchal in most communities. Men hold the authority within a household, set the rules and acceptable behaviour, and are in charge of supervising and managing family assets. They make the critical decisions and are the breadwinners for the members of the household. The women, for their part, have the social responsibility for the functioning of domestic life. They perform household chores and care for children and other family members […]. The performance of income-generating economic activities grants a woman a role in society and prestige, if she is successful. This particularity does not, however, amount to an equal status or position between men and women.” The Committee notes that, although the National Gender Policy does not specifically refer to reconciliation between family and work responsibilities, some of the measures envisaged or implemented under strategic objective No. 3 aim to reduce the load of domestic chores placed on women. It notes, however, that measures in this regard are mainly aimed at lightening women’s domestic workload (by providing technologies to shorten the time allocated to family chores) and not really at promoting the idea of a fairer distribution of domestic chores within households, and thus tend to further reinforce the idea that family roles are reserved for women. In practice, it is mainly women who assume the family responsibilities and for whom reconciling these with their work life is difficult. A better distribution of family responsibilities between men and women in a household is essential to effectively promote gender equality in employment and occupation. The Committee also notes that in 2022 the Government adopted the Economic and Social Development Plan 2022–2026, which addresses several aspects related to reducing gender inequality, including the question of increasing “budget-time” for women by lightening their domestic workload. Lastly, it notes the challenges faced in implementing the National Gender Policy identified by the Government: (i) political (the active involvement of all stakeholders is crucial); (ii) technical (need for an advocacy strategy to mobilize resources and a communication strategy to support the implementation of the National Gender Policy and ensure its results are visible); and (iii) financial (mobilization of the funding needed to implement the National Gender Policy and increase in the resources allocated, which will necessarily entail a reallocation of resources that takes account of gender-related needs in the various sectors of activities).

The Committee recalls, as set out in its 2020 general observation, the importance of awareness-raising and education campaigns to: (i) promote broader public understanding of the difficulties faced by workers with family responsibilities; (ii) correct misinformation or contradict negative attitudes and beliefs vis-à-vis workers using flexible arrangements, while boosting their self-esteem, reducing self-stigma and promoting stress management; (iii) encourage men to participate more in family responsibilities; and (iv) promote understanding of the benefits to society, families and the workplace of gender equality and a better balancing of work and family life. The Committee requests the Government to provide information on the specific measures taken under the National Gender Policy and the Economic and Social Development Plan to enable persons with family responsibilities, particularly women, who hold or wish to hold a job to exercise their right to keep or obtain such work without being discriminated against and without conflict between their work and family responsibilities in practice.

Article 4. Entitlement to leave. With regard to the benefits available only to women workers with family responsibilities (such as the additional annual leave provided under section 119 of the Labour Code of 2012), the Committee notes with deepconcern that once again the Government merely indicates that it takes note of the Committee’s comments on this matter that it has been making for several years. The Committee therefore urges 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 with family responsibilities and to keep it informed of any progress made in this regard.

Article 5. Childcare and family services and facilities.Noting that the Government does not provide any information on this point, the Committee once again requests the Government to provide (i) information on the establishment of the community nursery schools that the Ministry of Education had undertaken to establish throughout the country with the support of UNICEF, 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 (ii) any available information on the total number of children benefiting from the country’s public or private care services and facilities in comparison to the total number of children in the population.

Article 6. Information and education. Noting that the Government does not provide any information on the “school for husbands” initiative, the Committee once again requests the Government to indicate to what extent this initiative effectively encourages men from the communities concerned to become more involved in family responsibilities and has promoted a better understanding of the advantages for society, families and the workplace brought about by gender equality and a better balance between work and family life.

Article 8. Protection against dismissal. The Committee recalls that the 2012 Labour Code (sections 5 and 78) do not expressly prohibit dismissal due to family responsibilities. The Government indicates: (i) that it takes note of the Committee’s suggestion 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: (a) section 5, which specifies grounds that the employer cannot use as a basis for decisions, particularly regarding termination of the employment contract; or (b) section 78, which specifies grounds that cannot constitute a basis for dismissal; (ii) but that this will not be carried out before presentation and discussion of the issue at a National Labour Council session. The Committee requests the Government to provide information on the progress made in this regard.