Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 81) sur l'inspection du travail, 1947 - Niger (Ratification: 1979)

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 the organization of 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laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19).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(2) of the Convention. Additional duties entrusted to labour inspectors. Further to its previous comments on the conciliation functions of labour inspectors under the Labour Code, the Committee notes the Government’s indication in its report that conciliation is not a mandatory requirement. The Committee notes with concern, however, that according to the Government these functions still currently constitute the bulk of labour inspectors’ activities. The Committee also notes that, according to the 2022 annual labour inspection report, 888 out of 1,186 individual disputes reported were settled through conciliation, while labour inspections were conducted in 365 workplaces. The Committee recalls in this regard that, pursuant to Article 3(2) of the Convention, any further duties entrusted to labour inspectors in addition to their primary duties must not interfere with the discharge of the latter. The Committee therefore once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, the conciliation functions entrusted to labour inspectors do not pose an obstacle to the exercise of their primary functions. The Committee requests the Government to continue to report the time dedicated by labour inspection to the settlement of individual and collective disputes.

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