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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Níger (Ratificación : 1961)

Implementation of the principles of the Convention regarding freedom of association and the protection of the right to organize. The Committee notes Order No. 2023-01 of 28 July 2023 suspending the Constitution of 25 November 2010 and establishing the National Council to Safeguard the Country, and Order No. 2023-02 of 28 July 2023 on the organization of public authorities during the transition period, copies of which were included in the Government’s report. The Committee also notes that Order No. 2023-01 suspends the Constitution, which recognized the right to freedom of association and the right to collective bargaining, among other rights, and dissolves the institutions established under the Constitution. The Committee notes that, pursuant to Order No. 2023-02, the laws and regulations promulgated and published on the date of signature of the Order remain in force, unless expressly repealed (section 19), and Niger remains bound by ratified treaties and agreements (section 3). The Committee notes that: (i) pursuant to the two above-mentioned Orders, during the transition period, the National Council to Safeguard the Country is vested with legislative and executive powers; and (ii) the bodies dissolved by Order No. 2023-01 include the Constitutional Court, the Court of Cassation and the State Council (their functions have now been assumed by the Transitional Constitutional Council and the State Court in accordance with Order No. 2023-02). Noting that the above-mentioned Orders refer to transitional measures pending a return to normal constitutional order (section 3 of Order No. 2023-01) and the establishment of new democratic institutions (sections 5 and 21 of Order No.2023-02), and that Niger remains bound by ratified treaties and agreements (section 3 of Order No. 2023-02), the Committee firmly expects the Government to take the necessary measures to ensure that the current situation does not hinder respect for and implementation of the principles recognized by the Convention. The Committee requests the Government to provide information on any legislative or regulatory changes affecting the right to organize and bargain collectively (and to provide a copy of any new text adopted). The Committee also requests the Government to provide information on the implementation of the principles of the Convention, and to indicate the competent judicial bodies that are ensuring the protection of the right to freedom of association and the right to organize during the transition period, and to provide information on any disputes filed and rulings handed down in this regard.

Article 2 of the Convention. Scope of application.Minors who have reached the minimum age for admission to employment. In its previous comments, the Committee requested the Government to take the necessary steps to amend section 191 of the Labour Code, which provides that workers over 16 years of age but under the age of majority may join trade unions, to ensure that the minimum age for membership to a trade union is the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Labour Code). Noting the renewed commitment of the Government to take into account the above-mentioned request in the framework of the amendment of the Labour Code, once a decision regarding its amendment has been made, the Committee once again requests the Government to provide information on any progress made in this regard.

Prison staff. The Committee notes that, according to section 33 of Act No. 201709 of 31 March 2017 establishing the specific regulations governing prison administration personnel, the staff of prison administration bodies do not enjoy the right to organize due to the specific nature of their work. In this regard, the Committee draws the Government’s attention to the fact that the only admissible exceptions to the right to organize are those explicitly provided for under Article 9 of the Convention, that is, the armed forces and the police. All other categories of workers, without distinction whatsoever, should enjoy the right to establish and join organizations of their own choosing. The Committee is of the opinion that the functions exercised by prison staff do not justify their exclusion from the rights and guarantees set out in the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 69). The Committee requests the Government to take the necessary measures to review the legislation with a view to giving recognition to the right of staff of prison administration bodies to establish and join trade unions. The Committee requests the Government to keep it informed in this regard.

Article 3. Right to elect trade union representatives in full freedom. In its previous comments, the Committee requested the Government to indicate the legislative provisions that determine the crimes and offences for which final conviction results in the ineligibility for trade union administration or leadership duties, and to specify the circumstances in which a person may be declared to be deprived of legal capacity.

The Committee notes that the Government refers to the Criminal Code and that it reiterates that the purpose of the requirement under section 190 of the Labour Code is not to restrict the autonomy of trade union organizations, but rather to restrict the access to trade union office of persons convicted by a final judgment of crimes or offences, persons who have failed to comply with a summons to appear in court and persons deprived of legal capacity. The Committee notes that, pursuant to section 19 of the Criminal Code, the consequences of the criminal penalty of imprisonment include the loss of civil rights. In this regard, the Committee notes Order No. 2024-28 of 7 June 2024 amending Act No. 2019-33 of 3 July 2019 on the punishment of cybercrimes in Niger, which provides for prison sentences in cases of defamation (section 29), any offensive expression, term of contempt or invective which does not contain any particular charge (section 30), or dissemination of information likely to disturb public order or undermine human dignity, even when the information produced and disseminated is proven (section 31), where these offences are committed electronically. In this context, the Committee also notes the information on the application of the Forced Labour Convention, 1930 (No. 29), provided by the Government in its 2023 report, according to which the Ministry of Justice has undertaken a reform of the Criminal Code and the Code of Criminal Procedure. In this regard, the Committee once again recalls that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 106). Noting the new provisions in Order No. 2024-28 of 7 June 2024 amending Act No. 2019-33 of 3 July 2019on the punishment of cybercrimes in Niger, and the fact that the provisions of the Criminal Code and the Code of Criminal Procedure are being revised, the Committee firmly expects that the legislation in force and the legislation in the process of adoption do not hinder the rights of organizations to freely elect their union leaders.

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