Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) - Níger (Ratificación : 2009)

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laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19).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 Committee also notes that this ordinance provides that Niger remains bound by ratified international treaties and agreements (section 3).

Articles 13 and 19(f) of the Convention. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. In its previous comments, the Committee noted an absence of information on the measures taken to ensure that any workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. In this regard, the Committee notes the Government’s indication in its report that workers are not required to return to work where there is a risk, until measures of protection have been taken to eliminate the danger. The Government indicates that in the event of a dispute, workers or staff representatives may refer the matter to the labour inspectorate and, where appropriate, to the labour court. Noting the absence of information concerning the existence of legal grounds protecting workers against undue consequences in the situations referred to in Article 13, the Committee requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention in law and in practice, and requests the Government to provide information on the application in practice of these Articles, including on cases where workers or staff representatives have referred the matter to the labour inspectorate or the labour court, and the action taken in such cases.

Furthermore, the Committee recalls its pending comment concerning the ratified technical Convention on OSH (the Occupational Health Services Convention, 1985 (No. 161)), adopted by the Committee in 2022, to which the Government will be asked to respond in 2027, in accordance with the reporting cycle.

The Committee is raising other matters in a request addressed directly to the Government.