Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 3 of the Convention. The right of workers' and employers' organizations to elect their representatives in full freedom.

With reference to its previous comments, the Committee notes with regret that in its report, the Government merely states that it has taken note of the Committee's comments concerning the conditions governing the right to organize of workers and employers carrying out their activities in the national territory and that it will provide the revised texts in due course.

In these circumstances, the Committee is bound once again to recall that section 6 of the Labour Code of 1962 which provides that members responsible for the administration or management of a professional union must be nationals of Niger and section 25, which states that section 6 also applies to union federations, are liable to restrict the full exercise of this right which is guaranteed by Article 3 of the Convention.

The Committee therefore once again asks the Government to amend its legislation so that foreign workers and employees have access to trade union office, at least after a reasonable period of residence in the country (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 118). It recalls the proposal envisaged by the Government requiring ten consecutive years of activity for eligibility to trade union office may not under any circumstances be regarded as a reasonable period, and expresses the firm hope that the Government will take account of its comments in the review of the legislation.

The Committee asks the Government to provide information in its next report on progress made in bringing the legislation into conformity with the Convention.