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

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Niger (Ratification: 1962)

Implementation of the principles of the Convention regarding the right to organize and bargain collectively. 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laws and regulations promulgated and published on the date of signature of the Order remain in force, unless expressly repealed (section 19). The Committee further notes that, under Order No. 2023-01, 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 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 the Government 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 respect for and the implementation of the principles recognized in the Convention is fully guaranteed in the current situation. The Committee requests the Government to provide information on any changes to laws or regulations 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 organize and to bargain collectively during the transition period, and to provide information on the disputes filed and the rulings handed down in this regard.

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. The Committee previously noted that neither Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations nor Decree No. 2008-244/PRN/MFP/T of 31 July 2008, implementing those Regulations, contains any provisions which explicitly prohibit acts of anti-union discrimination or interference.

The Committee notes that, in reply to the Committee’s request for it to take the necessary measures to address this gap, the Government refers to several specific regulations, including Act No. 2019-26 of 17 June 2019 establishing the specific regulations governing staff of local authorities, and Act No. 2016-25 of 16 June 2016 establishing the specific regulations governing staff of water and forestry services. While welcoming the inclusion of new provisions on protection against acts of anti-union discrimination in the specific regulations governing staff of local authorities, the Committee questions the validity of this statute since the adoption of Order No. 2024-21 of 5 June 2024, which appears to provide for a reorganization involving the elimination of local authorities. The Committee further notes that the specific regulations governing staff of water and forestry services do not contain specific provisions that protect workers covered by these regulations against possible acts of anti-union discrimination and interference. While asking the Government to indicate whether the specific regulations governing staff of local authorities remain in force, the Committee once again requests the Government to take the necessary measures to include, in the legislation, provisions to effectively protect all public servants not engaged in the administration of the State against acts of anti-union discrimination and interference, and to establish, for that purpose, compensation and penalties, and expeditious and effective procedures. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Criteria for determining the representativity of employers’ and workers’ organizations. In its previous comment, the Committee noted with interest the information provided by the Government concerning the holding and results of the occupational elections that took place in 2019 in accordance with section 185 of the Labour Code.

The Committee notes the Government’s indication that the mandate for the representativity of trade union confederations resulting from those elections ended on 19 September 2023, and that, in consultation with the trade union confederations, the Ministry of Labour developed an evaluation scale to assess trade union confederations based on four criteria: (i) the existence in practice of headquarters; (ii) regular meetings of the statutory bodies; (iii) the number of affiliated trade unions; and (iv) the number of regional branches. The Committee notes that the criteria for representativity based on an evaluation scale established by the Government were not determined through occupational elections as provided for in the Labour Code. The Committee has always underscored the importance of ensuring, in case controversy should arise, that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse. Furthermore, it considers that such determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see the 2012 General Survey on the fundamental Conventions, paragraph 228). Noting that themandate for the representativity of trade union confederations resulting from the 2019 elections ended in September 2023, the Committee strongly encourages the Government to take, in consultation with the organizations concerned, and in accordance with the Labour Code, measures for the organization and holding of occupational elections in order to determine the representativity of workers’ and employers’ organizations as soon as possible, and to provide information on the results of those elections.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee noted an absence of information on specific legislative provisions guaranteeing the right to collective bargaining of public servants not engaged in the administration of the State who are subject to a specific legal status or regulations, and therefore are excluded from the application of section 252 of the Labour Code. The Committee noted, nevertheless, the conclusion of collective agreements concerning public servants not engaged in the administration of the State for the period 2012–14.

The Committee notes that: (i) Act No. 2016-25 establishing the specific regulations governing staff of water and forestry services does not contain specific provisions guaranteeing the right to collective bargaining, but refers, with regard to the exercise of the right to organize, to the laws and regulations in force; (ii) the same applies as regards Act No. 2019-26 establishing the specific regulations governing staff of local authorities (in relation to which the continued validity remains to be clarified); and (iii) the Government does not provide information or copies of other texts concerning other public servants not engaged in the administration of the State who are subject to a specific status. The Committee expresses the firm hope that the Government will take all necessary measures to ensure that the legislation guarantees the right to collective bargaining to public servants not engaged in the administration of the State who are governed by a specific legal status or regulations, and are therefore excluded from the application of section 252 of the Labour Code. The Committee once again requests the Government to provide information on the collective agreements signed in the public sector with regard to public servants not engaged in the administration of the State. Lastly, the Committee recalls that Niger has also ratified the Collective Bargaining Convention, 1981 (No. 154) which also covers public servants engaged in the administration of the State, and also refers to its comments under that Convention.

Collective bargaining in practice. The Committee notes the information provided by the Government on a series of agreements concluded, in particular the 2022 inter-occupational collective agreement, the collective agreement for the press, the social plan between the State and the staff of the Gaweye Hotel, and the enterprise agreement concerning the Niger Water Board. The Committee requests the Government to continue to provide information on the number of collective agreements signed and in force in the country, the sectors concerned, and the number of workers covered. The Committee also requests the Government to provide information on the measures to promote collective bargaining taken by the competent authorities.