Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Niger (Ratification: 1978)

Other comments on C138

Observation

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Article 2(1) of the Convention. Scope of application and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that child labour exists principally in the informal economy and that the scope of the new Labour Code does not cover own account work or work in the informal economy. In June 2014, the Conference Committee on the Application of Standards called on the Government to take the necessary measures to extend the scope of application of the Labour Code to this sector. It also called on the Government to strengthen labour inspection capacities in the informal economy and to broaden the scope of its activities, and to ensure that routine inspections are conducted so as to impose penalties on those found in breach of the Convention. The Committee also noted the Government’s indication that labour inspectors encounter difficulties in detecting child labour in the informal economy due to its complexity and the inadequacy of their means of action. In this respect, the Ministry of Labour has provided all labour inspection departments with a vehicle and has increased their budget. The Government also reported that it is ready to facilitate the conduct of an institutional audit of labour inspection and to propose action to strengthen the capacity of labour inspection in the informal economy. Finally, the Committee noted that the National Statistical Institute (INS), with support from technical and financial partners, has undertaken a national survey on employment and the informal sector (ENESI). It noted that 50.4 per cent of children between 5 and 17 years of age are engaged in work in Niger (or around 1,922,637 children), of whom 1,187,840 children are involved in hazardous types of work.

The Committee notes the Government’s indications that the Ministry of Employment, Labour and Social Security organized a meeting for managerial staff in February 2015 with a view to giving greater visibility to the action taken by the labour administration in Niger and the identification of the obstacles facing inspectors in their duties. It also notes the measures taken to reinforce labour inspection capacities, such as the current recruitment of new labour inspectors, the increase in the budgetary allowance for labour inspectorates and the establishment of new labour inspectorates. The Committee also observes that the ENESI 2012 survey shows that 40 per cent of jobs are in the informal economy, including 80 per cent of non-agricultural jobs. It further notes the Government’s indication that the ENESI survey will make it possible to improve planning at both the strategic and operational levels to combat child labour. Finally, the Committee observes that, according to the analysis undertaken jointly by the Government and UNICEF in 2013 of the situation of women and children in Niger, based on an equity and human rights approach, in general nearly half (48 per cent) of children between the ages of 5 and 14 years of age are engaged in work. Moreover, one child out of two between the ages of 5 and 11 years (50 per cent) and 77 per cent of children between the ages of 12 and 14 are engaged in agricultural work and other activities in domestic work (page 70). The Committee once again expresses its deep concern at the number of children who have not reached the minimum age for admission to employment or work of 14 years who are compelled to work, often in hazardous conditions. The Committee urges the Government to take the necessary measures to eliminate work by children under 14 years of age, particularly in the informal economy. It requests the Government to continue strengthening labour inspection capacities and training so as to enhance direct interventions in the informal economy and requests it to provide information on the measures adopted and the results achieved in this respect.

Article 2(3). Compulsory schooling. The Committee previously observed that the Conference Committee had noted the low school attendance rate and the high school drop-out rates which persist for a large number of children in Niger. Emphasizing the importance of free, universal and compulsory education in preventing and combating child labour, the Conference Committee urged the Government to strengthen its educational system, particularly by taking the necessary measures to ensure access to free basic education for all children under the minimum age, with the objective of preventing children under 14 years of age from working and reducing school drop-out rates. The Committee notes the Government’s indication that it has adopted the Sectoral Educational and Training Programme (PSEF) 2014–24.

The Committee notes the Government’s indication that the State’s commitment in the field of education has been translated into objectives in an educational policy letter for the 2013–20 decade. The Government indicates that the PSEF includes measures to encourage school attendance by girls and children who do not have access to school. The Committee deplores that, according to UNESCO’s latest 2013 estimates, the net school enrolment rate in primary education is only 63.5 per cent, and that the rate in secondary education is 18.5 per cent. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee once again requests the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment through an increase in school attendance rates for primary and secondary education and a reduction in drop-out rates. The Committee requests the Government to provide information on any new developments in this regard.

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