Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first report. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information sent by the Government in its report according to which in March 2000, Niger signed a Memorandum of Understanding (MOU) with ILO/IPEC with a view to implementing a national action plan to combat child labour. The Committee also notes that an order of March of 2001 created the National Steering Committee for the IPEC/Niger programme, the purpose of which is to contribute to abolishing child labour in Niger. It notes the information in the Government’s report that a decree issuing the Labour Code regulations has been submitted to the competent authorities for signature and that it incorporates the provisions of the Convention. The Committee notes that, according to the Government, thanks to backing from the Project to support implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), a network of experts in international labour standards has been established in order to step up the activities to inform and raise awareness about fundamental rights and principles at work. The Committee requests the Government to continue to provide information on the measures taken and to indicate their impact on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Slavery. The Committee notes that the Niger National Assembly passed a Penal Code in May 2003, which defines and severely penalizes slavery. Section 270.1 of the Penal Code, as amended, defines slavery as the state or condition of a person over whom the right of ownership or some components thereof are exercised; a slave is a person who is in this state or condition. According to section 270.1(2) of the Penal Code, a person in bondage is someone placed in a state or condition resulting from an institution or practice of slavery, including: (3) any institution or practice whereby a minor under 18 years of age is handed over by the minor’s parents, guardian or master or the master of one of the two parents, to a third person whether or not for payment, for the purpose of exploiting the minor’s person or labour.

The Committee notes that section 270.3 defines the offence of slavery as, inter alia: any impairment of the physical or moral integrity of a person because of a condition of bondage, any degrading, inhuman or humiliating treatment of that person (section 270.3(1)); the taking by a master of the gain or income resulting from the prostitution of a woman in conditions of bondage or from the work of any person in conditions of bondage (section 270.3(2)); and the abduction of children purported to be slaves for the purpose of placing them in bondage (section 270.3(5)). According to section 208.2 of the Penal Code, it is a crime against humanity to place someone in slavery.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to article 28 of the Constitution, defence of the nation and of the territorial integrity of the Republic is a sacred duty of all citizens of Niger, military service is compulsory and the conditions in which it is performed are determined by law. The Committee notes the Government’s statement in its report (CRC/C/3/Add.29/Rev.1, paragraph 39) to the Committee on the Rights of the Child in December 2000 that military service in general is governed by Ordinance No. 96-033 of 19 June 1996, which establishes that national service is an obligation for all citizens of Niger, of both sexes, through the age of 25. The Committee asks to provide a copy of Ordinance No. 96-033 and to indicate the minimum age for enlistment into the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 291 of the Penal Code punishes the act of procuring. A procurer is defined as someone: (1) who, in whatever manner, wittingly helps, assists or protects the prostitution of others or solicitation with a view to prostitution; (2) who, in whatever manner, shares in the proceeds of the prostitution of others or receives money from a person habitually engaging in prostitution; (3) who wittingly lives with a person habitually engaging in prostitution; (4) who maintains a habitual relationship with one or more persons engaging in prostitution and has no other visible means of support; (5) who hires, recruits or maintains someone, even with consent, for purposes of prostitution, or delivers that person into prostitution or debauchery; (6) who acts as an intermediary, in whatever capacity, between persons engaged in prostitution or debauchery and persons who exploit or pay for the prostitution or debauchery of others. Section 293 of the Penal Code punishes a person who offends against morals by habitually inciting, promoting, aiding or abetting the debauchery or corruption of young persons of either sex under 21 years of age or, even occasionally, of minors of 13 years. Section 293(2) specifies that the penalties laid down in sections 291 and 292 will be applied where the various acts comprising the offences are carried out in different countries. The Committee further notes that section 294 of the Penal Code punishes whosoever owns, directly or through an intermediary, manages, directs or operates a prostitution establishment or habitually tolerates the presence of one or more persons engaging in prostitution in a hotel, furnished house, boarding house, drinking establishment or any place open to the public.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes the information sent by the Government to the effect that judges may, under section 293 of the Penal Code, treat the production of pornographic material or pornographic performances as incitement of minors to debauchery. The Committee requests the Government to indicate how this provision is applied in practice.

Clause (c). Use, procurement or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that according to the Government, Ordinance No. 99.42 of 23 September 1999 to combat drugs in Niger applies. The Committee notes that section 102 of this text punishes, for incitement to offence and illicit use, anyone who incites someone by whatever means, directly or indirectly, to commit one of the offences established in sections 94-101, even if the incitement is not acted on. The Committee notes that sections 94-101 of the above Ordinance punish the cultivation, production and manufacture, international trafficking and aiding and abetting of the use of drugs. The Committee requests the Government to indicate the effect given in practice to this provision of the law.

Clause (d). Hazardous work. The Committee notes that section 125 of Decree No. 67-126 of 7 September 1967 prohibits employers from using children in tasks that are beyond their strength, likely to harm their health and development, are a source of danger or which, by their nature and the conditions in which their are carried out, are likely to harm their morals. Section 138 of the same Decree prohibits the use of children in all work which endangers their life or health, and which the labour inspector determines to be hazardous. The Committee further notes that the labour inspector may require that children be examined by an accredited doctor with a view to checking that the work they are engaged in is not beyond their strength. Those concerned are entitled to such an examination upon request. If a job is found to be beyond the strength of the child, the child must be removed and found a suitable employment.

Self-employed workers. The Committee observes that according to section 99 of the Labour Code, the latter does not apply to work carried out by children outside an undertaking, such as work performed by children on their own account. The Committee requests the Government to indicate the measures taken or envisaged to ensure that children who carry out an economic activity outside an undertaking, such as work performed by children on their own account, are protected against work which by its nature or the circumstances in which it is performed, is likely to harm their heath, safety or morals, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that sections 138-163 of Decree No. 67-126 MFP/T of 7 September 1967 contain a list of jobs which may not be performed by children under 18 years of age. The Committee notes that under section 130 of the Decree, children between 14 and 18 years of age may not be employed for more than eight hours a day, except in certain cases, prescribed exhaustively. Under sections 138-158 of the Decree, the following are, inter alia, are forbidden for children under 18 years of age: driving or heating steam engines, the lubrication, cleaning and inspection or repair of machines in operation, the use and handling of explosives, the handling of dangerous chemicals. Section 96 of the Labour Code prohibits night work by young persons under 18 years of age, except in the case of individual waivers granted in circumstances established by decree on the basis of the particular nature of the occupational activity. Under section 97 of the Code, young workers under 18 years of age must be given a rest period of least 12 hours consecutive hours.

The Committee further notes from the information supplied by the Government that the provisions of Article 3(d) of the Convention are incorporated in a draft Decree which is currently before the competent authorities. The Government indicates that consultation of the social partners took place in the Labour Advisory Committee and the Technical Advisory Committee on Occupational Safety and Health, both of which are tripartite.

The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention which requires the types of work referred to under Article 3(d) to be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 states that in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipments and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

The Committee requests the Government to provide a copy of the Decree containing the new list of hazardous jobs as soon as it is adopted after consultation with the employers’ and workers’ organizations concerned, as required by Articles 3(d) and 4 of the Convention. The Committee hopes that in determining types of hazardous work, the Government will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of types of hazardous work. The Committee notes that the Government provides no information on this point in this report. It reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority shall, after consultation with the organizations of employers and workers concerned, identify where the types of work determined as hazardous exist. The Committee requests the Government to indicate the measures taken or envisaged to identify, after consultation with the organization of employers and workers concerned, where the types of work so determined exist.

Article 4, paragraph 3. Periodic review of the list of the types of work. The Committee notes the information sent by the Government that the Ministry of Labour plans, whenever the need is felt, to associate all the social partners with the review of the list of hazardous jobs.

Article 5. Monitoring mechanisms. The Committee notes that, according to the Government, labour inspectors, overseers and labour tribunals are responsible for monitoring the implementation of laws and regulations. The Government adds that they discharge these duties pursuant to the authority conferred on them for the purpose. Inspectors have the authority to inspect establishments, issue and notify observations and warnings, and to draw up reports of infringements. Magistrates are responsible for applying the penalties established by law. The Committee further notes that, according to section 248 of the Labour Code, the labour inspectorate is responsible for all matters pertaining to the status of workers, labour relations and workers’ employment. Section 248(2) confers on the labour inspectorate responsibility, inter alia, the enforcement of the provisions pertaining to work, employment, occupational training and workers’ protection. Section 250 of the Code specifies that the labour inspectorate comprises central services under the Ministry of Labour and external services, which include the regional inspectorate and the labour offices. Section 257 of the Code gives the inspectors authority to enter establishments subject to inspection freely, without warning, and at any time and, if necessary, to require opinions and consultations of doctors and technical experts, to carry out all examinations, inspections or inquiries that are deemed necessary to ensure that effect is given to the applicable provisions. The Committee points out, however, that in an observation of 2003 on the Labour Inspection Convention, 1947 (No. 81), it noted that the operation of the inspection services, like that of other administrative government bodies, appeared to be affected by a lack of resources and strict limitations on recruitment imposed by the need to control the wage bill. Nonetheless, according to the Government there are to be major efforts in the budget for 2004, leading to an improvement in the situation of the labour inspectorate, particularly in terms of its human resources. The Committee accordingly asks the Government to provide particulars of the measures taken or envisaged to increase the resources available to labour inspectors.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes from the information supplied by the Government that the public authorities are carrying out public information and awareness-raising activities about the dangers for society of the worst forms of child labour, in all sectors, both formal and informal. The Government indicates that in the context of the ILO/IPEC programme for Niger, activities are under way to: prevent children from being put to work by making their parents and their users aware of the adverse effects on their physical and mental development; remove children from work situations and reintegrate them in the formal and informal education system. The Committee also notes the existence of: a programme to combat child prostitution in the Marandi region and Firji, in particular, through awareness raising and training; the celebration every year of the International Day Against Child Labour (12 June). It also takes note of the direct actions for the withdrawal of children from the worst forms of child labour, such as: the fight against child labour in the Niamey abattoirs; the contribution to eliminating the exploitation of street children in Birni N’Konni.

The Committee notes that Red Card to Child Labour Programme started up in October 2003 and that it aims to promote information and awareness-raising activities nationwide on the occasion of various championship matches.

The Committee further notes that ILO/IPEC has launched a new initiative focusing on education and public mobilization: "SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) Stop Child Labour!" to assist educators the world over to heighten understanding and awareness among young people about child labour. SCREAM was launched in Niger in September 2003 and aims to raise awareness among school children and build their capacity to educate and inform their peers and families thereby impacting on their own communities.

The Committee requests the Government to continue to provide information on the implementation of these programmes of action.

Article 6, paragraph 2. Consultations. The Committee notes that, according the Government, the Ministry of Labour is working in collaboration with the Ministry for the Protection of Children and the social partners.

Article 7, paragraph 1. Penalties. The Committee notes that, according to the Government’s report, the draft decree to issue the Labour Code regulations prohibits the worst forms of child labour and the penalty of the sanctions established in the Labour Code on endangering the lives of others. The Committee notes that section 270 of the Penal Code provides that anyone who deprives another of his/her freedom, either for payment or free of charge, shall be punished by a prison term of from ten to 30 years. The Committee further notes that under section 270.2 of the Penal Code, as amended, the punishment for placing someone in slavery or for inciting others to deprive a dependant of his/her liberty or dignity through slavery is a prison term of from ten to 30 years and a fine of from 1 million to 5 million francs. Under section 270.4 of the Penal Code anyone found guilty of the offence of slavery is subject to a prison term of from five months to ten years and a fine of 500,000 to 1 million francs. The same penalties apply to attempts. The Committee also notes that section 292 of the Penal Code provides for imprisonment of from two to five years and a fine of from 50,000 to 5 million francs where: the offence (established in section 291, on procuring and incitement to debauchery) is against a minor. It notes that, under section 293 of the Code, the same penalties apply to someone who habitually incites, promotes or aids and abets the debauchery or corruption of young people of either sex under the age of 21 or, even occasionally, minors of 13 years of age. Section 293(2) specifies that the penalties apply where the various acts comprising the offence are committed in different countries. The Committee notes that section 294 of the Penal Code punishes by the penalties established in section 292 anyone who owns, directly or through an intermediary, manages, directs or operates a prostitution establishment.

The Committee notes that section 102 of Ordinance No. 99-42 of 23 September 1999 to combat drugs in Niger, prescribes a life sentence for anyone who, by whatever means, incites someone directly or indirectly, regardless of whether the incitement is acted on, to commit one of the offences established in sections 94-101 (in particular the cultivation, production and manufacturing, and the international trafficking, trafficking and aiding and abetting of the use of drugs). Section 103 of the same text provides that attempts at the offence established in sections 94 and 102 carry the same penalty as the offence itself. The Committee requests the Government to provide information on the practical application of these penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee requests the Government to provide detailed information on effective time-bound measures taken to: (c) ensure access to free and basic education for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour.  The Committee notes the information sent by the Government that the National Directorate for Occupational Safety and Health has launched a project to combat child labour in tan yards. The Directorate has begun by identifying tanners and their children and has made contact with them with the view to holding an information and awareness-raising meeting. The Committee also notes that, according to the Government, two non-governmental organizations, the Association to Combat Child Labour in Niger (ALTEN) and the Organization for the Prevention of Child Labour in Niger (COPTEN-YARA), are carrying out similar activities. It requests the Government to continue to provide information on effective and time-bound measures to prevent children from being engaged in work in tan yards.

Clause (b). Necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sexual exploitation for commercial purposes. The Committee notes that the Committee on the Rights of the Child stated in its concluding observations (CRC/C/15/Add. 179, paragraphs 68 and 69) that it was concerned by the number of child victims of sexual exploitation, including for prostitution and pornography, especially among child labourers and street children. It also expressed concern at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. It recommended that Niger should conduct a study with a view to assessing the extent of the commercial sexual exploitation of children, including prostitution and pornography. It further recommended implementing appropriate policies and programmes for prevention and for the recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action adopted in 1996 by the first World Congress Against Commercial Sexual Exploitation of Children, and the Global Commitment adopted in 2001 by the second World Congress. The Committee requests the Government to indicate the effective and time-bound measures taken to remove children from commercial sexual exploitation and to ensure their rehabilitation and social integration.

2. Hazardous work. The Committee notes that, according to the Government, non-governmental organizations have withdrawn children from the Niamey abattoirs so as to send them to school or occupational training centres. The Committee requests the Government to continue to keep it informed of effective and time bound measures taken to remove children from the work determined to be hazardous.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that in the written responses to the Committee on the Rights of the Child (CRC/C/Q/NIG/1), the Government indicates that, according to a survey conducted in 1994 in the Dosso, Tahoua, Maradi et Zinder regions, 673 children, including 157 girls, were living in the streets, and that a survey of 1993 showed that more than 600 children were living in the streets in the urban community of Niamey. In 2000, the Government indicates that these figures have almost quadrupled owing to dire poverty and only a few children in the Niamey urban community and in Maradi, Zinder and Konni, have been taken in charge with a view to their reintegration by NGOs and associations, in some cases with state support.

The Committee requests the Government to keep it informed of effective measures taken to ensure that street children are protected from the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that, according to the Government, the Ministry of Labour and the Ministry of Justice are responsible for implementing the provisions that give effect to the Convention, through the effective application of the Labour Code and Penal Code.

Article 8. Enhanced international cooperation and assistance. The Committee notes the information in the Government’s report that to combat the worst forms of child labour the Ministry of Labour has undertaken a number of activities in collaboration with the ILO/IPEC programme and UNICEF.

The Committee notes that Niger is a member of Interpol, which assists cooperation between countries in the various regions, particularly as regards combating child trafficking. It also notes that Niger ratified the Convention on the Rights of the Child in September 1990, and in March 2000 signed the optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. The Committee encourages the Government to cooperate with the other countries and asks it supply detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty-eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that according to the Government, child labour is a development problem, the main cause of which is poverty, the remuneration obtained by children being an important contribution to the income of some poor families. The Government adds that child labour concerns the informal sector above all. The Committee notes that there has been no inspection report concerning the Convention.

It accordingly requests the Government to provide, as soon as they are available, statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecution, convictions and penalties applied. To the extent possible, the information provided should be disaggregated by sex.