Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative, Minister of the Public Service and Labour) expressed her surprise at the fact that her country once again had been included into the list of individual cases, whereas the matters of the Committee of Experts' concern in this case did not relate exclusively to her country, but could be found in the majority of the poor countries with important informal sectors. Niger had decisively placed itself within the process of eradication of human rights violations, proved by the ratification of the eight fundamental ILO Conventions, by the study on the identification of obstacles to the implementation of the ILO Declaration on the Fundamental Principles and Rights at Work of 1998 and by the collaboration with IPEC and the programme of support to the implementation of the Declaration. The Government had to face ancient practices related essentially to the consequences of poverty. In this regard, Niger had elaborated a strategy of poverty reduction which had integrated the various dimensions of the subjects examined in the present case. Even if the goal had not yet been attained, the considerable efforts undertaken by the Government had brought the results, and Niger counted on the increased support and cooperation of the ILO and on international solidarity, in order to resolutely lead this fight. The problems of application of Convention No. 182 in the context of a developing country had been thus described. As regards more particularly the measures taken to prohibit and eliminate the sale and trafficking of children, the speaker asserted that Niger was not a country involved in the sale or trafficking of children, and that public authorities were not aware of such practices. Concerning the measures taken to combat forced labour of which children are the victims, it should be recalled that begging was connected with the cultural and educative practices aiming at developing humility and compassion in adults. However, the competent bodies were considering appropriate measures to respond to the risks which stemmed from these practices caused by poverty. Concerning the programmes of action aimed at combating child labour, Niger had launched a new IPEC programme and would furnish information on the implementation of the whole set of programmes from which it benefited. As regards the application of sanctions, the speaker indicated that the judges had received no complaints and therefore had not had an opportunity to impose sanctions. Even if the Government had made a particular effort in law enforcement, economic reality still would not allow the effective application of standards, and the emphasis had been made more particularly on the awareness-raising and sensitivization campaigns. In conclusion, the speaker pointed out that her Government continued to undertake important efforts for the children's schooling, but they remained dependent on the limited financial possibilities of the country and were affected by the strong demographic growth. It was therefore impossible to fix a deadline on which the objective of the complete schooling of all the children could be attained.

The Employer members noted that this was the first examination by this Committee of a case dealing with the worst forms of child labour under Convention No. 182; up to now, such matters had been dealt with under the Forced Labour Convention, 1930 (No. 29). The high ratification rate of Convention No. 182 indicated that there was a clear international consensus on the importance of eliminating the worst forms of child labour.

Turning to the specific elements of the case, the Employer members noted that the Government had not responded to a request for information by the Committee of Experts on penalties against the worst forms of child labour. While laws clearly existed which prohibited begging by children, trafficking of children, and certain types of work for persons under the age of 18, more information was needed on the application of these penalties for the offences in practice, and on how many children were affected by such practices. The Government should provide the necessary information on the application and enforcement of the penalties for the offences.

They noted that this case also dealt with trafficking of children and with the custom of placing children under the tutelage of spiritual guides, who often compelled them to beg. This custom caused even greater difficulties in an urban environment than in a rural one. Finally, the case dealt with hazardous work. The Employers shared the concern of the Committee of Experts on this matter. Nonetheless, they were surprised that the Experts had not raised the issue that work which should be prohibited under Article 3(d) of the Convention should, under its Article 4(1), 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 paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The procedure for the determination of the types of work to be prohibited should not be neglected.

They concluded by noting that this case related to poverty. The worst forms of child labour resulted in children not receiving an education, which, as the Government representative had pointed out, risked creating a lost generation in the country. For this reason, the lack of education played an important role in the application of Convention No. 182.

The Worker members thanked the Government of Niger for the submission of its first report on the application of Convention No. 182. The Committee of Experts referred to its comments on child labour formulated earlier under Convention No. 29. These comments concerned, first of all, the sale and trafficking of children, with regard to which the Committee, while having noted the legislation in force, requested the Government to take urgent measures concerning its application in practice, since the sale and trafficking of children was one of the worst forms of child labour. These comments also concerned children entrusted to a spiritual guide who required them to beg in exchange for his services. On this point, since the Government's will to eradicate these practices had been already expressed in 2004, the Worker members requested the Government to provide information on putting this will into practice. Lastly, these comments concerned child labour in mines, which, according to certain estimates referred to by the Committee of Experts, employed up to 250,000 children in revolting conditions.

The Worker members observed that the information supplied by the Government in its report and provided orally to this Committee contained no reference to the fundamental problem of the work of children in mines. They associated themselves with the Committee of Experts' requests to insist that the Government take urgent measures with a view to prohibiting children under 18 years of age from underground work in mines, in accordance with the ILO Conventions, and to break the silence in this regard by providing information in extenso on the situation of children working in mines.

The Worker member of the United Kingdom welcomed the remarkable ratification rate of Convention No. 182, which since 1999 had become the most rapidly ratified Convention in the history of the ILO. Universal ratification remained an achievable aim provided that the campaign was pursued. The Convention had refocused international and national attention on child labour and had also led to a phenomenal leap in the level of ratification of Convention No. 138. As wholly complementary Conventions he urged all Members which had ratified Convention No. 182, but not yet Convention No. 138, to examine as a priority and through tripartite consultation the advantages that ratification of Convention No. 138 would bring to their national strategies for the elimination of child labour, where necessary seeking the technical assistance of the ILO, and to proceed to ratification without delay. These two fundamental human rights Conventions, alongside Convention No. 29, were cornerstones of decent work and of sustainable national development policies.

The case of Niger, which demonstrated a degree of political will by the Government through its relationship with the IPEC, also recalled the urgent need for action because the challenges to be met in Niger, as in other West African countries, involved very great and grave suffering of children damaged by trafficking and slavery, including sexual slavery, forced begging, and hazardous work in mines and quarries. What was important was for that political will to be sustained, rather than denying the existence of trafficking. He therefore expressed concern at the detention of two leading anti-slavery activists, Ilguilas Weila and Alasanne Biga of the NGO Timidra, a partner of Anti-Slavery International, in what appeared to be an attempt to silence outspoken critics of slavery in Niger. Both had twice been denied bail. He called on the Government to either release them or to ensure that their trial was open, impartial, and held soon in a public court.

He welcomed the general observation of the Committee of Experts in relation to trafficking and the request to all governments which had ratified the Convention to supply information on key elements of its application, namely legislation, measures to prevent trafficking, programme development, training and awareness raising, the collection of statistical data, time-bound measures for prevention, removal, rehabilitation and reintegration, effective monitoring and international cooperation. In this context, he welcomed the development of the West Africa subregional LUTRENA programme, as combating trafficking required extensive cross-border and international cooperation.

He emphasized in particular the relationship between the elimination of child labour, including its worst forms, and free, compulsory, universal, accessible and formal basic education, provided as a quality public service for all children. He said that at the heart of every community should be a good school. In this respect, he shared the view of the Committee of Experts that explaining child labour and trafficking for child labour simply as a consequence of poverty was too simplistic. Child labour was both a cause and consequence of poverty. It acted as a brake on the human development of the individual child and on the human resources of the nation. Every child out of school, every trafficked child, diminished the ability of national economies to meet sustainably the challenges of the global economy. All too often, child labour turned the child into an unemployed adult, lacking the transferable skills and education required in the formal labour market. It therefore contributed a loss of valuable human resources. He expressed the view that child labour would never be eliminated without the provision of universal education, but equally universal education would never be achieved without the elimination of child labour. It was not poverty alone that denied children access to school, but rather social injustice and inequality. Making education a key public priority was indeed possible, even when countries were not rich. It was a far better investment than weapons of war. In this respect, there was a need for global solidarity, as foreseen in the Convention and the Recommendation, as well as for a just and equitable global economic and trading system. Nevertheless, levels of literacy were higher in certain poor countries than in some far richer industrialized countries because they had chosen equity over greed. Another common feature of such countries was the comparatively high social status of women. He recalled, in this respect, that 2005 was to have been the year in which all countries would reach the interim Millennium Development Goal of equal school enrolment of girls and boys. Unfortunately, this had been a miserable failure, even though evidence showed the exponential social and economic benefits of the education of the girl child. He emphasized that access to education was not just a matter of provision, although experience showed that even the poorest parents would send their child to school if it was free and accessible. It was also a matter of empowerment. Empowered communities, through social mobilization, could overcome the democratic deficit and demand that their governments meet their needs as citizens for equal legal protection, decent work for adults and schools for their children.

In conclusion, he said that the elimination of child labour, including its worst forms, was not just a poverty issue. It was an issue of education, gender, class, discrimination, the labour market, exploitation, decent work for adults, social justice, crime, equity, development, tripartism, democracy and, above all, fundamental human rights. Conventions Nos. 138 and 182 were indivisibly linked with all other fundamental human rights at work proclaimed by the ILO and were the most significant normative tools available for the elimination of all forms of child labour. He therefore thanked the Committee of Experts for the sense of urgency that it had injected into the general observation on Convention No. 182, especially with regard to trafficking. In welcoming and supporting the general observation, he called for no longer wasting entire generations of children and also for the universal ratification and implementation of Conventions Nos. 138 and 182. In so doing, an important contribution would be made to "making poverty history" by making every child, boy or girl, a school-going child.

The Worker member of Niger recalled that child labour and forced labour were considered by workers' organizations in Niger as a scourge which destroyed decent work and gave rise to economic insecurity, which was the reason for their commitment to the IPEC programme. He emphasized that the ratification of Conventions Nos. 29 and 182 was an act of political will by Niger, which was being reinforced and encouraged by the ILO through its technical cooperation programmes. He hoped this political will would continue and be reinforced by action taken in practice.

He indicated that, in Africa in general and in Niger in particular, child labour was more an issue of underdevelopment than of culture and its eradication requested measures to combat poverty and promote good economic governance. That poverty was perpetuated by the international financial institutions (the IMF and the World Bank) through the structural adjustment programmes imposed on the State. He called for assistance to be provided to Niger to combat poverty which was the surest means of ensuring the schooling of children in Niger so as to prepare for their future and that of their country.

Finally, he emphasized that slavery and forced labour, which were vile and unlawful practices in the informal economy, could not be resolved solely by law. He called on the ILO to design a technical cooperation programme with Niger for the elimination of this scourge with the participation of all the national partners.

The Government member of the United States emphasized that international cooperation and assistance - by both the ILO and the international community at large - were critical to achieving the elimination of the worst forms of child labour in Niger. As her country had ratified Convention No. 182, it was obliged under Article 8 to assist Niger and other countries in their efforts to secure a better, brighter future for their children. Consequently, her Government was currently sponsoring a project in Niger targeting some 18,000 children aged between 6 and 18 years with the aim of reducing their engagement in the worst forms of child labour by increasing their participation in appropriate education programmes. The project was helping the Government of Niger to develop a national action plan aimed at reducing child labour, improving school quality and improving access to education. In addition, her Government was working with ILO/IPEC to develop a project to remove children from gold, salt, stone and mineral mining in Niger and in a neighbouring country. The project would also put in place a structure to prevent child labour in mining beyond the life of the project.

In conclusion, she hoped that projects like these would help the Government of Niger to achieve the full application of Convention No. 182 in law and, more importantly, in practice, within the shortest possible period.

The Employer member of Niger said that his country was poor and disadvantaged and that this should be taken into account. He emphasized that there was no trafficking in children in his country. He acknowledged the existence of work by young persons which, according to him, was limited to small mining enterprises. He added that these children did not go to school for reasons of poverty and were therefore obliged to work to meet their daily needs. He indicated that 6 million children were of school age, but one-third of them did not go to school for the above reasons.

The Worker member of Senegal emphasized that the Government of Niger had been called for the second time in two years to appear before the Committee on the issue of the violation of ratified Conventions. Last year, the Committee had examined Convention No. 29, and today the discussion was devoted to Convention No. 182.

In 2004, the members of the Committee had discussed the persistence of forced labour in the country, despite the measures taken by the Government to solve the situation with the help of the labour inspection services, the ILO/IPEC programme and collaboration with NGOs.

In 2001, a study carried out by the ILO had proposed certain measures to combat forced labour, such as the strengthening of the legal arsenal, the organization of information activities, awareness campaigns and the education of the population on its rights and obligations, and the development of the conditions for access to means of subsistence through freely chosen employment. The report also described the working conditions of children in mines and quarries. In this regard, it was important to emphasize that a little less than a half of workers in mines were children and that in certain quarries the number could reach 50 per cent. These activities were arduous and dangerous and involved risks for children. Although the Government had ratified Conventions Nos. 138 and 182, which set the minimum age of 18 years for admission to hazardous work, the national legislation did not seem to prohibit this type of child labour.

The information contained in the observation made by the Committee of Experts confirmed the existence of the problem of trafficking in girls for the purpose of labour exploitation, for domestic work and for sexual exploitation. This information also confirmed that boys were victims of trafficking for the purpose of labour exploitation.

It was important to emphasize that, contrary to other countries, the Government of Niger was ready to cooperate. However, in accordance with the principles shared by all the members of the Committee, no transaction would be permitted. The Committee had to give explicit and formal directives to the Government to encourage it to take necessary measures to ensure the application of the Convention in law and practice. For example, the Government could adopt a plan of action for ten years to reinforce the rights of the child and to ensure that they attended school. Cooperation with the ILO/IPEC programme could contribute to the achievement of this aim. Moreover, the programme could include measures for social reintegration as well as a poverty eradication plan. Finally, he called for Iiguilas Weila and Alasanne Biga to be freed.

The Government member of Cuba said that the Committee should bear in mind that Niger was one of the poorest countries in the world and that, despite this fact, the Committee of Experts had nevertheless noted that a number of legislative measures had been taken by the Government and specific programmes were being implemented with the technical assistance of the ILO and other international organizations. This demonstrated the Government's interest in finding solutions. She emphasized that Niger genuinely needed international cooperation and referred to the economic crisis and the lack of infrastructure and human resources, following years of exploitation and pillage. She indicated that Cuba, a country with scarce resources but great will, which was subjected to an economic blockade had, for example, sent a medical team to Niger and urged the Committee to call for international assistance and cooperation with a view to solving the problems in question. In this respect, she endorsed the request made by the Government representative of Niger and stated that international solidarity was also a principle of humanism.

The Employer member of the United States said that, as one of the drafting members of Convention No. 182, it was gratifying for him to be in this Committee and to witness the substantial and rapid rate of ratification and implementation of the Convention. He was pleased to see that Niger had ratified Convention No. 182, and that the country had not done this without recognizing that some key difficulties existed with respect to its implementation. He emphasized that this was, however, the whole idea behind the Convention, namely to bring attention and action to these issues and to support action. He recalled that Convention No. 182 referred to the worst forms of child labour, and that it was generally recognized that, while the whole issue of child labour should be addressed, this would have to be done in stages. He noted that work done by children that did not affect their health or personal development or interfere with their schooling was generally regarded as positive, and contributed to the child's development and the welfare of families. It provided skills and experience and contributed to children becoming useful and productive members of society in their adult life.

He emphasized that there were 300 million child labourers and that Convention No. 182 did not address all of those. The worst forms of child labour were well known. They related to labour which interfered with education and development and which was mentally, socially or morally dangerous and harmful to children. In his view there was no debate in Niger on these issues or on issues of slavery or trafficking. Referring to Article 4 of the Convention, he pointed out that for the determination of the types of work referred to in Article 3(d) which were harmful to the health, safety or morals of children, the relevant paragraphs of Recommendation No. 190 should be taken into account. The reason for this specific reference was because there was an understanding that not all situations of child labour could be defined in the Convention. Moreover, the Convention provided for tripartite consultation to determine these types of work.

However, the most important provision of Convention No. 182 was Article 8. It was unique in providing that member States should take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and assistance. As this case was one of the first cases on Convention No. 182 discussed by the Conference Committee, the Committee should reflect on whether and how it should congratulate, condemn or support the countries concerned. It was impossible to address the situation of all 300 million child labourers straightaway, but it was important to work together to help a few of them already.

The Government representative said that she had taken due note of all the interventions. She emphasized that neither the worst forms of child labour nor trafficking in children existed in Niger. With regard to child labour and begging, she indicated that her country had made every effort to combat this scourge and was committed for that purpose to eliminating illiteracy. She added that education was provided at the primary and secondary school levels but, because of poverty, the primary concern of children was not going to school, but rather to meet their daily needs. She said that her country had been making considerable efforts to eliminate this scourge and had requested assistance from the international community. She considered that education was the best means of eliminating the worst forms of child labour and called for international solidarity in this respect.

The Employer members thanked the Government representative for the information provided. They indicated that they were uncertain whether the Government of Niger was or was not in denial of the existence of problems in the implementation of the Convention. There was clearly a need for technical assistance by the ILO to assess in practice the actual situation, as indicated by the Committee of Experts in its observation. They recalled the statement by the Employer member of Niger indicating that 50 per cent of the population was below 15 years of age and stated that Niger was clearly facing huge problems, especially considering the extensive poverty that prevailed in the country. It was, therefore, essential and critical that other countries which had ratified Convention No. 182, and which had the means to help, ensured that they provided assistance to Niger, particularly to give effect to its obligations under Article 7 of the Convention, to take measures to ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. In addition, there was a need for changes in the legislation, although the Employer members cautioned that this would not be sufficient in itself. The implementation of the Convention in practice would require an effective labour inspection system and enforcement mechanisms. The Employer members had serious doubts that such mechanisms existed in law and in practice in Niger.

The Worker members encouraged the Government to continue its efforts to eliminate child labour, in particular with the technical assistance of the ILO. The Government should pay particular attention to the problem of child labour in mines when adopting legislative measures and developing programmes of action. Moreover, it was important for trade unions to be more closely associated with the elimination of this problem. It was to be hoped that the next report by the Government would provide detailed information on the measures taken with regard to child labour in mines.

The Worker members expressed their concern at the action taken against anti-slavery activists and their firm conviction that, in combating slavery, dialogue would lead to solutions being found.

Concerning the general observation made by the Committee of Experts, it was important for governments to include in their next reports information on: (1) the legislative measures adopted or envisaged to prohibit trafficking of children under 18 years of age for the purposes of economic and sexual exploitation by (i) making any violation of this prohibition a criminal offence and (ii) imposing penal and other sanctions of an effectively dissuasive nature; (2) the measures adopted or envisaged to (i) prevent such trafficking and (ii) formulate and implement programmes of action targeting multiple levels of society; (3) training, collaboration and awareness-raising for public officials on action to combat the trafficking of children; (4) statistics on the number of violations, investigations, prosecutions and convictions relating to the trafficking of children and the text of any court decisions in such cases; (5) the effective application of the principle of free and compulsory schooling for children, particularly for girls; and (6) the time-bound measures taken to prevent the engagement of children in trafficking, remove children from trafficking, protect the victims of trafficking and provide for their rehabilitation and social integration.

The Worker members also emphasized the importance of combating the transnational dimension of child labour. In this regard, they once again thanked the Committee of Experts for its general observation, which raised the issue of the international dimension of child labour and emphasized that in future this matter could be addressed in general observations on the application of other Conventions.

The Worker members stated that all underground work was hazardous and should be prohibited for persons under 18 years of age.

The Employer members stated that it is not up to the Conference Committee to indicate whether, with respect to Convention No. 182, underground work should be qualified as hazardous or not.

The Committee noted the information provided by the Government representative and the discussion that ensued. The Committee noted the information contained in the report of the Committee of Experts relating to the use of children in begging, in hazardous work, in mines and quarries, and the sale and trafficking of children in Niger for purposes of economic and sexual exploitation.

The Committee took note of the information provided by the Government highlighting the issues of poverty and the limits of its education system, as well as the Government's view that the sale and trafficking of children did not exist in Niger. The Committee also took note of the Government's request for ILO technical assistance.

The Committee shared the concern of the Committee of Experts with regard to the vulnerability of children who begged in the streets, as well as those performing hazardous work in mines and quarries. The Committee emphasized the seriousness of such violations of Convention No. 182. In this regard, the Committee noted that various action programmes had already been undertaken in collaboration with ILO/IPEC and other governments to remove children from such situations. The Committee further noted that the Government of Niger had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO.

The Committee stressed that the use of children in begging and in hazardous work in mines and quarries constituted one of the worst forms of child labour and that the Government was obliged to take, by virtue of Article 1 of the Convention, immediate and effective measures to secure the prohibition and the elimination of the worst forms of child labour as a matter of urgency. The Committee requested the Government to indicate the effective and time-bound measures taken to remove child beggars under 18 years old from the streets as well as children under 18 working in hazardous conditions in mines and quarries. It also requested the Government to provide additional information on the measures taken to provide for the rehabilitation and social integration of these children, in conformity with Article 7, paragraph 2, of the Convention.

While noting of the Government's commitment to implement the Convention, the Committee underlined the importance of free and compulsory schooling to preventing the worst forms of child labour. The Committee urged the Government to take the necessary measures without delay to ensure access to free basic education for both boys and girls, especially in rural or particularly disadvantaged areas.

Concerning the issue of the sale and trafficking of children, and the Government's indication that such a practice did not exist in Niger, the Committee decided that an ILO fact-finding mission be undertaken to the country. This fact-finding mission should also examine all the issues raised in the comments of the Committee of Experts and in this Committee.

The Committee called on ILO member States to provide assistance to the Government of Niger in line with Article 8 of the Convention, with special priority on facilitating free basic education as provided in Article 7. The Committee requested the Government to undertake efforts to apply the Convention in cooperation with the social partners and to report in detail on the results achieved in its next report to the Committee of Experts.

The Worker members stated that all underground work was hazardous and should be prohibited for persons under 18 years of age.

The Employer members stated that it is not up to the Conference Committee to indicate whether, with respect to Convention No. 182, underground work should be qualified as hazardous or not.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Forced recruitment of children with a view to their use in armed conflict. In its previous comments, the Committee noted that article 28 of the Constitution provides that the defence of the nation and of the territorial integrity of the Republic is a sacred duty of all citizens of Niger, that military service is compulsory and that the conditions under which it is performed are to be determined by law. It further noted that military service in general is governed by Ordinance No. 96-033 of 19 June 1996.

The Committee notes that section 1 of Ordinance No. 96-033 provides that national service is an obligation for all citizens of Niger of both sexes up to the age of 50 years. Furthermore, section 6 of the Ordinance provides that individuals who acquire the nationality of Niger shall be subject to national service and that, if they have acquired the nationality of Niger before the age of 18, they shall follow the normal trajectory of their age group. The Committee accordingly observes that there does not appear to be a minimum age in Niger for the recruitment of children in armed conflicts. In this respect, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 18 June 2009, expressed concern that the minimum age for voluntary or compulsory recruitment in the army is not specified by law and that children as young as 13 years old can enrol in the military school of Niamey and be taught basic handling of firearms (CRC/C/NER/CO/2, paragraph 68). The Committee requests the Government to take immediate measures to ensure that the national legislation prohibits the recruitment of children under 18 years of age for use in armed conflict, in accordance with Article 3(a) of the Convention.

Clause (d). Hazardous types of work. Self-employed workers. The Committee noted previously that, under the terms of section 99, the Labour Code does not apply to work performed by children outside an enterprise, including work by children on their own account. In this respect, it noted the information provided by the Government that this matter lies within the competence of a number of ministries, including the Ministry of Child Protection, the Ministry of the Interior and the Ministry of Justice, and that formal consultation between these ministries appears necessary to extend the protection afforded to children to those performing an economic activity outside an enterprise.

The Committee notes that, according to the technical progress report of 15 September 2009 for the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mines in West Africa, the review and amendment of the list of hazardous types of work took place at a workshop held in Ayorou on 2 and 3 July 2009. In this regard, the Committee notes the Government’s indication that the list was drawn up by the Ministry of Labour, in collaboration with the technical ministries and employers’ and workers’ organizations. The Government adds that it will provide the Office with full information on this list once it has been adopted. The Committee hopes that the amended list of hazardous types of work will have the effect of protecting children engaged in an economic activity on their own account and requests the Government to provide a copy of the list once it has been adopted.

Article 6. Programmes of action. The Committee previously noted the information provided by the Government that a National Action Plan (NAP) to combat child labour and a National Action Plan to combat the sexual exploitation of children had been drawn up. The Committee notes that, according to the document entitled “Preparatory study for the formulation of a national action plan to combat the worst forms of child labour in Niger”, the NAP to combat child labour will supplement and reinforce the policy approved in Abuja in 2007 at the meeting of experts of the Economic Community of West African States, with a view to the abolition of child labour and the immediate elimination of its worst forms. According to the same document, the NAP will be implemented between 2010 and 2015 and targets the following areas: agricultural work, work in mines, forced labour, domestic work, the trafficking and exploitation of children, prostitution and begging. It notes the Government’s indication that it will provide a copy of the NAP to combat child labour in Niger. The Committee requests the Government to provide information on the implementation and impact of the NAP to combat child labour, 2010–15, and of the National Action Plan to combat the commercial sexual exploitation of children. It also requests the Government to provide a copy of these two plans of action along with its next report.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that, in its written replies to the CRC (CRC/C/Q/NIG/1, page 13), the Government indicated that, according to a study conducted in 1994 in the regions of Dosso, Tahoua, Maradi and Zinder, 673 children, including 157 girls, were living on the streets in these localities, while a 1993 study revealed that over 600 children were living on the streets in the urban community of Niamey. The Government added that in 2000 these figures had almost quadrupled, in view of the situation of extreme poverty of the population, and that only a few street children from the urban communities of Niamey, Maradi, Zinder and Konni were receiving assistance with a view to their rehabilitation from NGOs and associations, some of which are supported by the State. The Committee noted with interest the establishment, by Order No. 09/MPF/PE of 30 April 2007, of a National Committee to Combat the Phenomenon of Street Children under the Ministry for the Promotion of Women and Child Protection, which acts as a forum for reflection and action to combat the phenomenon of street children. The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 72), the CRC expressed concern at the number of children begging on the streets. Noting the absence of information in the Government’s report on this subject, the Committee once again requests it to provide information on the measures taken by the National Committee to remove children under the age of 18 years from the streets and to ensure their rehabilitation and social integration. It also once again requests the Government to provide information on the results achieved.

Article 8. Poverty reduction. The Committee previously noted the recommendation of the High-level Fact-finding Mission that, with a view to combating poverty, the creation of decent and productive jobs has to be at the core of any poverty reduction policy. The Committee took due note of the fact that the Government had drawn up a new economic, financial and social policy framework entitled the “Accelerated Development and Poverty Reduction Strategy (2008–12)” (SDARP). Noting that the Government has not provided any information on this subject, the Committee once again requests it to provide information on the impact of the SDARP, particularly with regard to the effective reduction of poverty among victims of the worst forms of child labour.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee previously took due note of the measures taken by the Government to follow up the recommendations of the High-level Fact-finding Mission (the Mission) which visited Niger from 10 to 20 January 2006 pursuant to the request made by the Conference Committee in June 2005.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) alleging the internal trafficking of girls in Niger for domestic work, as well as the trafficking of boys for economic exploitation and of girls for sexual exploitation. It also noted that, according to the information obtained by the Mission, “Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa”. The Committee further noted that, according to the information obtained by the Mission, “Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children”. The Committee noted that a Bill for the prevention, repression and punishment of trafficking in Niger had been drafted by the Niger Association for Human Rights, but that the drafting of the Bill on the trafficking of children was still under consideration by the competent authorities.

The Committee notes the Government’s indication that a National Plan to Combat Trafficking of Children has been drawn up and validated, and that the Office will be informed once the plan has been adopted. However, it notes that, according to the second periodic report submitted by Niger to the Committee on the Rights of the Child (CRC) on 20 November 2008 (CRC/C/NER/2, paragraphs 433–437), the trafficking legislation has still not been adopted by Parliament and that the legal vacuum therefore persists in this area. Nevertheless, the CRC observes that the national survey on trafficking in persons showed that, of the 1,540 households surveyed, 5.8 per cent answered that a member of the household had been a victim of trafficking and 29.4 per cent answered affirmatively that there had been human trafficking in their locality/village/neighbourhood. The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 76), the CRC notes the drafting of a Bill criminalizing trafficking and the preparation of a National Plan of Action to Combat Child Trafficking, but nevertheless expresses serious concern that, despite the extent of child trafficking within, from and to the State party, the existence of the phenomena is not fully recognized in the State party.

The Committee notes with concern that, despite the findings of the Mission in 2006 that Niger is not only a country of transit, but also a country of origin and destination for the trafficking of children, the Bill for the prevention, repression and punishment of trafficking in Niger has still not been adopted. The Committee therefore reminds the Government that under Article 1 of the Convention immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to ensure the adoption of the Bill for the prevention, repression and punishment of trafficking in Niger as a matter of urgency. It requests the Government to provide a copy of the Act, together with the National Plan of Action to Combat Child Trafficking, when they have been adopted.

2. Forced or compulsory labour. Begging. The Committee previously noted the comments of the ITUC that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years of age. During this period, they are entirely under the responsibility of the marabout, who teaches them religion and in return requires them to carry out certain tasks, including begging.

The Committee noted that there are three different forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practiced by indigent people. Educational begging is the form practiced in Niger in accordance with the Muslim religion as a means of learning humility, for the person practicing it, and compassion, for the alms-giver. Lastly, begging that uses children for purely economic ends makes use of children as a source of labour. The Committee noted that the existence of this latter form of begging was acknowledged by those interviewed by the Mission, including the Government, and that in this form of begging children are especially vulnerable since their parents, even if they are concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely dependent on the marabouts. The Committee expressed serious concern at the use of children for purely economic ends by certain marabouts, particularly since, as it would appear from the information gathered by the Mission, this form of begging seemed to be very much on the increase.

The Committee noted that a National Observatory to combat begging had been set up. It also noted with interest that Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice of Niger, addressed to the various judicial authorities, calls for sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age, who habitually engage in begging, who cause others to beg or who knowingly make a profit from begging, to be strictly applied through the prosecution without leniency of any person using children for begging for purely economic purposes. The Committee therefore requested the Government to supply information on the effect given in practice to the national legislation on begging, pursuant to Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice, with an indication of whether marabouts who use children for purely economic purposes have been convicted.

The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 72), the CRC expressed serious concern at the situation of child talibés attending Koranic schools who are sent by marabouts to beg in the streets. In this respect, the Committee notes the Government’s indications that there have been some cases of arrest of marabouts presumed to use children for purely economic purposes. However, the Government indicates that in general they are released for lack of legal proof of their guilt. The Committee therefore notes with regret that, even though the legislation is in conformity with the Convention on this matter, the phenomenon of child talibés remains a cause of serious concern in practice. The Committee reminds the Government that, under Article 1 of the Convention, immediate and effective measures have to be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour, and that under Article 7(1) of the Convention it is under the obligation to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee urges the Government to take the necessary measures to ensure that the national legislation on begging is applied and that marabouts who use children under 18 years of age for purely economic purposes are punished and are subject to sufficiently effective and dissuasive sanctions. The Committee also requests the Government to indicate the effective and time-bound measures taken to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to remove these children from such situations and ensure their rehabilitation and social integration.

Clause (d). Hazardous types of work. Children working in mines and quarries. In its previous comments, the Committee noted the ITUC’s indication that child labour in small-scale mining (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua and gold in Liptako-Gourma) is widespread, principally in the informal economy where the work is the most hazardous. It noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 prohibits the employment of children in underground work in mines.

The Committee noted previously that, according to the information gathered by the Mission, work by children in hazardous types of work, particularly in mines and quarries, existed in informal locations. It noted the Government’s indication to the Mission that, “when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and, in certain cases, the children carry out small tasks for their parents”. The Committee however noted that, according to various interviews carried out by the Mission, the children do more than simply accompany their parents and that they become “involved in the chain of production, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or, in some cases, tasks that are physically hazardous for more than eight hours a day, every day of the week, running the risk of accident or disease”. The Committee noted with interest that the Minister of the Interior, acting on the instructions of the Prime Minister, issued a circular strictly prohibiting the employment of children in the mines and quarries of the areas concerned, namely Tillabéri, Tahoua and Agadez, and that the Minister for Mining had received directives to take this prohibition into account in drawing up mining agreements. The Committee requested the Government to provide information on the effect given to the circular of the Minister of the Interior.

The Committee notes the Government’s indication that no conviction has yet been handed down in this respect. It further notes that, according to the technical progress report (TPR) of 15 September 2009 for the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa (TPR of 15 September 2009), the revision and modification of the list of hazardous types of work were carried out at a workshop held in Ayorou on 2 and 3 July 2009. In this respect, the Committee notes the Government’s indication that the list of hazardous types of work was drawn up under the responsibility of the Ministry of Labour and in collaboration with the technical ministries and the employers’ and workers’ organizations concerned. The Government indicates that it will provide the Office with full information on the list when it has been adopted. The Committee requests the Government to provide a copy of the amended list of hazardous types of work once it has been adopted. It urges the Government to take immediate measures to ensure the application of the national legislation on the protection of children against underground work in mines to informal mining and quarrying sites, and to ensure that those who employ children in mines and quarries are prosecuted and sufficiently effective and dissuasive sanctions imposed upon them. The Committee requests the Government to provide information in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted the indication in the report of the Mission that during site visits it had been able to note that “the labour inspectorate, which plays a key role in combating child labour and forced labour, is severely lacking in both the human and material resources needed to perform its duties”. The Mission recommended that a labour inspection audit be carried out to ascertain the exact nature and extent of the needs of the labour inspectorate in Niger. The Committee notes that, in the report provided to the Office under the Labour Inspection Convention, 1947 (No. 81), the Government indicates that it is making every effort to ensure that this audit is carried out in the near future. The Committee requests the Government to take the necessary measures to give effect to the Mission’s recommendation, and accordingly strengthen the labour inspection services. It requests it to provide information on this subject in its next report.

2. Youth Unit. The Committee had previously noted that a Youth Unit has been established in the national police force. It notes the Government’s indication that the Youth Unit is engaged in combating all forms of abuse against children under 18 years of age, including child trafficking, in collaboration with other partners, such as NGOs, United Nations agencies and technical services. The Government further states that there have been 11 recent prosecutions for the abduction of minors and three convictions.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the operation of the education system. In its previous comments, the Committee noted from the Mission report that underlying the problem of child labour is the problem of the access of children to education and training that meets the needs of the labour market. The Mission also indicated that “parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools at least train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger”. In this respect, the Committee noted that “the education dispensed by Muslim religious teachers leads to no diploma, which limits the children’s potential to enter the labour market in the future”. The Committee noted the Mission’s recommendation that the operation “of the education system needs to be improved to ensure access for all to high-standard education”.

The Committee had previously noted the information provided by the Government in its report concerning the increase in primary school enrolment, particularly among girls. It also noted that, according to the Government’s report on statistics for basic education for 2005–06, the net school attendance rates for children between 7 and 12 years of age was 54.1 per cent for boys and 37.8 per cent for girls, with an average of 45.8 per cent. With regard to Muslim religious schools, the Committee duly noted the Government’s indication that, in the context of the Franco-Arab education support project, measures have been taken for the restructuring of these schools.

The Committee notes the Government’s indication that efforts have been made to increase the school attendance rate and that it will continue its unceasing efforts in this respect. In that regard, the Committee notes the Government’s indications that the net school attendance rate for children between 7 and 12 years of age rose to 53.5 per cent (61.3 per cent for boys and 45.6 per cent for girls) in 2008. The Government adds that Muslim schools have been renovated and Muslim awareness centres established in all the regions of the country.
The Committee further notes that, according to the second periodic report submitted by Niger to the CRC on 20 November 2008 (CRC/C/NER/2, paragraphs 321–325), the Ten‑Year Educational Development Programme (PDDE), drawn up in 2002, aimed at achieving 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between girls and boys. The Committee however notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 66), the CRC, while commending the major efforts made by Niger to expand access to primary education as well as the increase in the access of girls to education, the building of new educational infrastructures in rural areas and training programmes for teachers, expressed concern at the poor quality of the education system, the high drop-out rate and the weak gender equity in education. Accordingly, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, taking into account the special situation of girls. It also requests the Government to increase the school enrolment rate and reduce the drop-out rate, as well as to adopt other measures for the integration of Muslim religious schools into the national education system. It requests the Government to continue providing information on the results achieved.

2. Raising awareness and educating the public about the problems of child labour and forced labour. The Committee had previously noted that, in its report, the Mission recommended “specific measures to raise awareness among Koranic teachers and parents to prevent the instrumentalization of begging by certain marabouts”. The Committee noted the information provided by the Government concerning the awareness-raising and training activities undertaken for combating child labour, particularly its worst forms, including political decision-makers, employers, community leaders and traditional chiefs, police officers, magistrates, current or potential working children and their parents, teachers, students and the public in general, concerning the problem of child labour. The Committee therefore encouraged the Government to pursue its awareness-raising efforts. It notes the Government’s indication that it is committed to pursuing its awareness-raising efforts for traditional chiefs, civil society and local elected officials on the danger represented by child labour in general, and its worst forms in particular. The Committee requests the Government to provide detailed information on the awareness-raising activities undertaken by the Government for traditional chiefs, civil society and elected local officials, and on their impact.

3. Project in artisanal gold mines in West Africa. With reference to its previous comments, the Committee notes that, according to the TPR of 15 September 2009, the Government, in collaboration with ILO–IPEC, is continuing to implement activities and programmes of action to prevent children from working in artisanal gold mining. For example, according to the Government’s indication, a programme of action has been implemented to contribute to the establishment of schools and initiatives to promote school attendance (including support for teachers and the provision of educational materials) on gold mining sites and neighbouring villages, as well as the improvement of school infrastructure on the gold mining sites of M’Banga and Komabangou. The Government indicates that 2,195 children, including 1,515 girls, have been prevented from being exploited in gold mining in M’Banga, Komabangou and the surrounding villages and have been integrated into the traditional school system. The Committee requests the Government to continue providing information on the results achieved in the context of the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa in terms of the number of children prevented from being engaged in this worst form of child labour.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that, according to the information contained in the ILO–IPEC activity reports for 2007 for the Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa, over 400 children, of whom 45 per cent were girls, had benefited directly from the project activities. It also noted that several programmes of action on education and vocational training, as well as to remove children working in artisanal gold mines, have been implemented.

In this respect, the Committee notes the Government’s indication that the social integration of victims of the worst forms of child labour is ensured free of charge by national associations and NGOs, with the support of technical ministries and partners, such as UNICEF. The Committee observes that, according to the TPR of 15 September 2009, 1,853 children have been removed from work in gold mines in Niger and Burkina Faso. The Government adds that, through the implementation of the activities and programmes of action under this ILO–IPEC project, 115 children, including 46 girls, have been removed from exploitation in the gold mines of M’Banga and Komabangou and then reintegrated into socio-occupational life. The Committee requests the Government to continue providing information on the number of children who are in practice removed from artisanal gold mines and then rehabilitated and socially integrated through the implementation of the ILO–IPEC project and programmes of action on education and vocational training.

Article 8. Regional cooperation. The Committee noted previously that, in addition to the multilateral cooperation agreement to combat child trafficking in West Africa, signed in July 2005, Niger also signed the Abuja Multilateral Cooperation Agreement in 2006 and a bilateral agreement for the establishment of a mixed frontier control brigade between Niger and Nigeria. The Committee previously requested the Government to indicate whether, in the context of these agreements, child victims of trafficking have been detected and intercepted in frontier regions and whether individuals operating in networks engaged in the trafficking of children have been found and arrested.

The Committee notes the Government’s indications that, further to the implementation of the various cooperation agreements to combat trafficking in children, Niger has established 30 vigilance committees and has established widespread mixed mobile brigades on all national frontiers. The Government adds that child victims of trafficking have been intercepted in border areas. In the north of the country (the Agadez region), 48 boys were intercepted in 2006, 150 children (including six girls) were intercepted in 2007 and, finally, 39 boys were intercepted in 2009 by vigilance committees in neighbouring countries and repatriated to Niger. Furthermore, 151 child victims of trafficking (72 in Agadez, 44 in Tillabéri, 16 in Makolondi, ten in Niamey and nine in Téra) have been identified and taken into the care of NGOs and associations combating this scourge. However, the Committee notes with deep concern the Government’s indication that those presumed guilty were released by the police for lack of legal proof. Recalling that under Article 7(1) of the Convention, the Government is under the obligation to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, the Committee urges the Government to take the necessary measures to ensure that persons involved in the trafficking of children are prosecuted and that sufficiently effective and dissuasive sanctions are imposed upon them, in the context of the agreements concluded with other signatory countries.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that in its report the Mission referred to a lack of reliable data to quantify accurately the extent and characteristics of the problem of child labour. It noted that studies were being carried out and requested the Government to provide information on the findings of these studies.

The Committee notes the information contained in the 2008 study undertaken by the National Commission on Human Rights and Fundamental Freedoms entitled “The problem of forced labour, child labour and all other forms of slave‑like practices in Niger”. It also notes the Government’s indications that the transborder study on child labour in the traditional gold mining sector in Burkina Faso, Mali and Niger has been undertaken and that the report on this survey prepared by the national consultant has already been validated. When Mali and Burkina Faso have also validated their respective reports, a final and consolidated report common to the three countries will then make it possible to identify more effectively the scope of the phenomenon in the informal economy. Furthermore, the Government indicates that the National Survey on Child Labour (ENTE) has already been undertaken by the National Institute of Statistics and it will provide the findings to the Office when they have been published. However, the Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 19), the Committee on the Rights of the Child expressed concern at the unavailability of quality data and analysis on children’s rights, especially with regard to child victims of violence and sexual abuse, street children, children working as domestic servants and children living in poverty. As soon as the findings of the above studies are available, the Committee urges the Government to provide statistical data and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age. It hopes that statistics will also be available on child victims of commercial sexual exploitation, children living in the streets and child domestic workers, as well as children living in poverty. It requests the Government to provide information in this respect in its next report.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes that a Children’s Code is in the process of being adopted. It requests the Government to supply information on the progress made and to send a copy of the Code, once it has been adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Use of children in armed conflict. With reference to its previous comments, the Committee requests the Government once again to supply a copy of Ordinance No. 96-033 of 19 June 1996.

Clause (d). Self-employed workers. Hazardous work. The Committee previously observed that section 99 of the Labour Code states that the Code does not apply to work performed by children outside an enterprise, including work done by children on their own account. It noted the Government’s statement that this matter came within the competence of a number of ministries, especially the Ministry of Child Protection, the Ministry of the Interior and the Ministry of Justice, and that formal consultation between these ministries appears necessary to extend the protection afforded to children to those performing an economic activity outside an enterprise. Noting the lack of information in the Government’s report, the Committee expresses the hope once again that the Government will take the necessary steps to ensure that discussions on this matter are held between these ministries and requests it to supply information on the measures taken or envisaged to ensure the protection of children performing an economic activity outside an enterprise, including self-employed children, against hazardous work, in conformity with Article 3(d) of the Convention.

Article 6. Programmes of action. The Committee notes the information supplied by the Government to the effect that a national action plan to combat child labour and an action plan to combat the sexual exploitation of children have been drawn up. The Committee requests the Government to supply a copy of both these action plans and to provide information on the programmes of action established in the context of the implementation of these plans aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/NIG/1, page 13), stated that, according to a study conducted in 1994 in the regions of Dosso, Tahoua, Maradi and Zinder, 673 children, including 157 girls, were living on the streets in these localities, and a 1993 study revealed that more than 600 children were living on the streets in the urban community of Niamey. The Government also stated that in 2000 these figures had almost quadrupled, on account of the extreme poverty faced by the population, and only a few street children from the urban communities of Niamey, Maradi, Zinder and Konni were receiving assistance with rehabilitation from NGOs and associations, some of which are supported by the State. The Committee notes with interest that a National Committee for Combating the Phenomenon of Street Children has been established within the Ministry for the Promotion of Women and Child Protection by Order No. 09/MPF/PE of 30 April 2007. It notes that the National Committee is a forum for debate and action for combating the phenomenon of street children. The Committee requests the Government to supply information on the measures taken by the National Committee to remove children under the age of 18 years from the streets and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. The Committee takes due note of the measures taken by the Government to follow up the recommendations of the High-level Fact-Finding Mission that took place in Niger from 10 to 20 January 2006 further to the request made by the Conference Committee in June 2005. It notes the following measures in particular:

–           setting up of a National Committee within the Ministry of Labour for combating the vestiges of forced labour and discrimination, drawing up of a National Plan of Action for combating the vestiges of forced labour and discrimination, and implementation of a support programme for combating forced labour and discrimination;

–           setting up of a National Committee within the Ministry for the Promotion of Women and Protection of Children for coordination and monitoring of the national action plan against child trafficking;

–           approval of a National Employment Policy Framework document, which takes account of the social and occupational integration of persons at risk;

–           drawing up of a Support Programme for the Protection of Children in Danger.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted observations by the International Trade Union Confederation (ITUC) alleging the trafficking of girls in Niger for domestic work and sexual exploitation, and trafficking of boys for the purpose of economic exploitation. It also noted that, according to information obtained by the high-level mission, Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub‑Saharan Africa. The Committee also observed that Niger’s geographical location – i.e. the fact that it shares land borders with seven States (Algeria, Benin, Burkina Faso, Chad, Libyan Arab Jamahiriya, Mali and Nigeria) – places the country at the heart of the region’s migratory flows and exposes it to the risk of trafficking, particularly child trafficking, especially as most of the countries with which it shares a land border are themselves affected by trafficking. The Committee also noted that, according to information gathered by the High-level Mission, Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children. The mission report also indicated that the trafficking of women and children between the countries of the subregion has increasingly involved Niger, and that the trafficking networks are fed, especially in Niamey, by young persons recruited mainly in Nigeria, Togo, Benin and Ghana, with the promise of a bright professional future, to carry out tasks which are traditionally regarded as demeaning in Niger (domestic work) or which are prohibited on religious grounds (work in bars or restaurants, etc.).

The Committee previously noted that Niger’s Association for Human Rights had drafted a bill for the prevention, repression and punishment of trafficking in Niger and asked the Government to take the necessary steps to ensure that the bill was adopted as soon as possible. The Committee notes the Government’s statement that the drawing up of the draft bill on the trafficking of children is still under consideration by the competent authorities. The Committee is of the opinion that, in order to combat effectively the worst forms of child labour, especially the sale and trafficking of children, the adoption and application of legislation geared to the problem is essential in addition to the implementation of programmes of action. It reminds the Government that Article 1 of the Convention provides that immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee sincerely hopes that the Government will take the necessary steps to ensure that the draft bill for the prevention, repression and punishment of trafficking in Niger is drawn up and adopted as soon as possible. It requests the Government to supply information on all progress made in this respect.

2. Forced or compulsory labour. Begging. The Committee previously took note of observations by the ITUC to the effect that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years old. During that time, they are entirely under the responsibility of the marabout, who teaches them religion and in return requires them to carry out certain tasks, including begging.

The Committee noted that there are three different forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practised by indigent people. Educational begging is the form practised in Niger in accordance with the Muslim religion as a means of learning humility, for the person practising it, and compassion, for the alms-giver. Lastly, begging that uses children for purely economic ends uses children as a source of labour. The Committee noted that the existence of this third form of begging was acknowledged by those interviewed, including the Government, and that, because this form of begging has its roots in cultural and religious practice, few are shocked to see children exploited in this way. However, in this form of begging children are especially vulnerable since their parents, although concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely dependent on the marabouts. The Committee expressed serious concern at the use of children for purely economic ends by certain marabouts, particularly since, as it would appear from the information gathered by the mission, this form of begging is very much on the increase.

The Committee notes the Government’s information to the effect that a National Monitoring Unit to combat begging has been set up. It also notes with interest that Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice of Niger, addressed to the various judicial authorities, requests that sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age, who engage habitually in begging, who make others beg or who knowingly benefit from begging, be strictly applied by prosecuting without leniency anyone who uses children for begging for purely economic ends. The Committee requests the Government to supply information on the practical application of the national legislation on begging, further to Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice, particularly by indicating whether marabouts who use children for purely economic ends have been convicted, and by providing statistics on the number and nature of contraventions reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to indicate effective and time-bound measures taken to protect children against forced labour and to ensure their rehabilitation and social integration.

Clause (d). Hazardous work. Children working in mines and quarries. In its previous comments, the Committee took note of information from the ITUC to the effect that child labour in small-scale mining (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua and gold in Liptako-Gourma) is widespread, principally in the informal economy where the work is the most hazardous. The Committee noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 prohibited the employment of children in underground work in mines.

The Committee noted, from the information gathered by the High-level Mission that hazardous work by children, particularly in mines and quarries, existed in informal locations. The Committee noted the Government’s statement that, when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and that, in some cases, the children carry out small tasks for their parents. The Committee noted, however, that according to various interviews carried out during the mission, the children do more than simply accompany their parents, becoming involved in the chain of production, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or, in some cases, tasks that are physically hazardous for more than eight hours a day, every day of the week, running the risk of accident or disease. The Committee pointed out in this connection that there is a difference between the child labour prohibited by ILO Conventions and the small tasks that children may carry out in the family environment which may be regarded as playing a major role in the child’s socialization. The Committee expressed concern at the use of child labour in hazardous work, particularly in mines and quarries, in the informal sector. It observed that Niger, like many other developing countries, is affected by child labour because of the poverty of the population and the expansion of the informal economy to the detriment of the formal sector.

The Committee notes with interest the Government’s statement that the Minister of the Interior, acting on the instructions of the Prime Minister, has issued a circular letter strictly prohibiting the employment of children in the mines and quarries of the areas concerned, namely Tillabéri, Tahoua and Agadez. The Minister for Mining has received directives for taking account of this ban in the drawing up of mining agreements. The Committee requests the Government to provide information on the implementation of the circular letter from the Minister of the Interior, particularly by indicating whether steps have been taken to ensure that the national legislation to protect children against underground work in mines is also applied to informal mining and quarrying, and by providing statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted the information in the mission report that site visits revealed that the labour inspectorate, which plays a key role in combating child labour and forced labour, is severely lacking in both the human and material resources needed to perform its duties. The mission recommended a labour inspection audit to ascertain the exact nature and extent of the inspectorate’s needs in Niger. While noting that action has been taken to boost labour inspection resources for combating child labour, the Committee notes that the Government does not provide any information on this subject in its report. With reference to its observation under the Labour Inspection Convention, 1947 (No. 81), the Committee hopes that the Government will take the necessary steps to implement the mission’s recommendation. It requests the Government to send information on this matter.

2. Youth Protection Unit. The Committee notes the Government’s information that a Youth Protection Unit has been set up within the national police force. It requests the Government to supply information on the activities of this unit, especially with regard to the protection of children under 18 years of age against trafficking and forced begging.

Article 6. Programme of action. The Committee notes the Government’s information to the effect that a National Plan of Action against the trafficking of children has been drawn up. It requests the Government to send a copy of this plan of action and provide information on the implementation thereof, especially the results achieved in terms of the elimination of trafficking of children in the country.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that, in June 2005, the Government representative informed the Conference Committee that, notwithstanding government efforts in the legal sphere, the economic situation did not always allow standards to be applied effectively. The Committee observed that the mission report revealed that it is difficult to apply the law on forced labour and the exploitation of children for economic and sexual purposes. Noting the lack of information in the Government’s report, it reminds the Government that, according to Article 7, paragraph 1, of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including by laying down and imposing penal sanctions or, if appropriate, other sanctions. The Committee urges the Government to take the necessary steps to ensure that persons who engage in the sale and trafficking of persons, forced begging by children and the use of children in hazardous work, particularly in mines and quarries, are prosecuted and incur penalties that are sufficiently effective and dissuasive.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the working of the education system. In its previous comments, the Committee noted that the mission report showed that underlying the problem of child labour is the problem of children’s access to education and training that meets the needs of the labour market. Moreover, despite the Government’s endeavours in the area of education and its attempts to attain the objective of providing all children, boys and girls, with the means to complete a full primary education cycle by 2015, the situation is still unsatisfactory. The Mission also indicated that parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger. The Committee noted in this respect that the education dispensed by Muslim religious teachers leads to no diploma, which limits the children’s potential for entering the labour market in the future. The Committee expressed deep concern at the low school enrolment rate and the extent of illiteracy. It noted the Mission’s recommendation to the effect that the working of the education system needs to be improved to ensure access for all to high-standard education. The Committee also noted that the Government was considering the possibility of integrating the Muslim religious schools into the national education system, which would make for better supervision both of the teachers and of the education provided.

The Committee notes the information in the Government’s report concerning the increase in primary school enrolments, especially among girls. It also notes that the number of classrooms in rural areas has increased. Moreover, the Committee notes that, according to the Government’s report on statistics for basic education for 2005–06, the net school attendance rates for children between 7 and 12 years of age is 54.1 per cent for boys and 37.8 per cent for girls, with an average figure of 45.8 per cent. It observes that, according to UNESCO information for 2005, the school attendance rate at primary level is 46 per cent for boys and 33 per cent for girls, and 9 per cent for boys and 6 per cent for girls at secondary level. With regard to the Muslim religious schools, the Committee duly notes the Government’s information that, in the context of the Franco–Arab education support project, measures for restructuring the schools have been taken, including taking a census of the schools (of which there were 50,000 in 2000); training the Muslim religious teachers in teacher–pupil relations; and revising the teaching programme by introducing new subjects such as grammar, language, and vocational training activities (sewing, dyeing and woodworking). In view of the fact that education helps to prevent the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, especially by increasing the school attendance rate and reducing the school drop-out rate, and also by taking steps to integrate the Muslim religious schools into the national education system. It requests the Government to provide information on the results achieved.

2. Informing and educating the public about the problems of child labour and forced labour. The Committee noted that, in its report, the Mission recommended measures to raise awareness and educate the public about the problems of child labour and forced labour, taking account of the gender dimension, because they affect the two sexes differently and because experience has shown that if women (mothers) are made aware, the impact on development is greater. It also noted the Mission’s suggestion that specific measures to raise awareness among teachers of the Koran and parents should be undertaken to prevent the use of begging by certain marabouts. The Committee notes the Government’s statement that it has conducted information and training campaigns among those involved in fighting the problem of child labour and its worst forms, including political decision-makers, employers, community leaders and traditional chiefs, police officers, magistrates, current or potential child workers and their parents, teachers, students and the general public. The Committee encourages the Government to pursue its efforts of sensitization to inform people of the dangers of child labour and its worst forms, by cooperating with the various government agencies, civil society in general and traditional chiefs.

3. Project in small-scale gold mines in West Africa. In its previous comments, the Committee noted that Niger is taking part in the ILO/IPEC project to “Prevent and eliminate child labour in small-scale gold mines in West Africa”, in which the other participants are Burkina Faso and Mali, for three years from 2006. It asked the Government to provide information on the results achieved following the implementation of the project. The Committee notes that, according to the information in the ILO/IPEC activity reports for 2007, approximately 280 children (165 boys and 115 girls) have actually been prevented from being engaged in hazardous work in small-scale gold mines. The Committee requests the Government to supply information on the implementation of the project and also on the results achieved at the end of the project in terms of the actual numbers of children prevented from being engaged in this worst form of child labour.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. With reference to its previous comments on the ILO/IPEC project to “Prevent and eliminate child labour in small-scale gold mines in West Africa”, the Committee notes that, according to the information in the ILO/IPEC activity reports on the project for 2007, more than 400 children, 45 per cent of whom are girls, have benefited directly from the activities of the project. It also notes that several action programmes on education and vocational training, with a view to removing children involved in gold-washing from small-scale mines, have been implemented. The Committee requests the Government to provide information on the number of children who will actually be removed from small-scale gold mines further to the implementation of the ILO/IPEC project and the action programmes on education and vocational training. It also requests the Government to supply information on the results achieved through the implementation of these programmes to ensure the rehabilitation and social integration of these children.

Article 8. Cooperation. 1. Regional and international cooperation. With reference to its previous comments, the Committee notes that, apart from signing the Multilateral Cooperation Agreement to combat child trafficking in West Africa in July 2005, Niger also signed the Abuja Multilateral Cooperation Agreement in 2006. It also duly notes the Government’s indication that it signed a bilateral agreement with Nigeria for the setting up of a joint border surveillance unit. The Committee requests the Government to indicate whether, in the context of the implementation of these agreements with the other signatory countries, child victims of trafficking have been detected and intercepted in the border areas, and whether any persons involved in child trafficking networks have been apprehended and arrested.

2. Poverty reduction. With reference to its previous comments, in which it noted the statement that the High-level Mission recommended that, in order to combat poverty, the creation of decent and productive jobs must be at the core of any poverty reduction policy, the Committee duly notes that the Government has drawn up a new economic, financial and social policy framework entitled “Fast‑track development and poverty reduction strategy (2008–12)” (SDARP). The Committee requests the Government to provide information on the SDARP, particularly as regards the effective reduction of poverty among children engaged in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, in its report, the High-level Mission referred to a lack of reliable data for quantifying accurately the extent and characteristics of the problem of child labour. It noted that studies were under way and asked the Government to provide information on their results. The Committee notes the Government’s statement that the following studies are being conducted in the country: study on the state of children’s education for the 6–18 age group conducted by a consortium of NGOs; study on child labour in gold washing in Niger conducted by the National Institute of Statistics (INS) in collaboration with the ILO/IPEC project on mining in West Africa; basic study on forced labour and child labour in Niger conducted by the National Committee on Human Rights and Fundamental Freedoms; and the national study on child labour in Niger conducted by the INS in collaboration with ILO/IPEC and in partnership with a consortium of NGOs. The Committee requests the Government, once the studies are completed, to supply statistical data and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. The information supplied should, as far as possible, be disaggregated by sex.

The Committee is also raising a number of other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes from the information supplied by the Government that recruitment into the armed forces takes place at the age of 18 in Niger. The Committee requests the Government to provide a copy of Ordinance No. 96-033 of 19 June 1996.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee asked the Government to provide information on the application of the provisions of the national legislation that prohibit and punish the worst forms of child labour listed under Article 3(b) and (c) of the Convention. The Committee notes from the information sent by the Government that this type of offence is extremely rare in Niger and that no such complaints have been filed with the courts.

Clause (d). Hazardous work. Self-employed workers. The Committee pointed out previously that, according to section 99 of the Labour Code, the Code does not apply to work carried on by children outside an enterprise, such as work done by children on their own account. It requested the Government to indicate the measures taken or envisaged to ensure protection for children carrying on an economic activity outside an enterprise, such as work done by the children on their own account. The Committee notes from the information sent by the Government that this matter falls within the remit of several ministries, including the Ministry for the Protection of Children, the Ministry of the Interior and the Ministry of Justice. Consequently, in order to extend protection for children carrying on an economic activity outside an enterprise, formal consultation between these ministries would appear to be necessary. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that discussions on this matter are held with participation by these ministries, and asks it to provide information on the measures taken or envisaged to ensure that children carrying on in an economic activity outside an enterprise, such as work done by children on their own account, are protected against hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 3. Revision of the list of types of hazardous work. In its previous comments, the Committee noted from the information sent by the Government that a draft Decree on hazardous work had been submitted to the competent authorities. It drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which includes a list of the types of work to be taken into account in determining types of hazardous work. The Committee hopes that the Government will soon finalize and adopt the new Decree, following consultation with the organizations of employers and workers concerned. Please provide a copy of the Decree once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that, in the written replies to the Committee on the Rights of the Child (CRC/C/RESP/6, page 13), the Government stated that, according to a survey carried out in 1994 in the regions of Dosso, Tahoua, Maradi and Zinder, 673 children, including 157 girls, lived in the streets in these places and that a survey of 1993 found that more than 600 children lived in the streets in the urban community of Niamey. The Government indicated that, by 2000, these figures had almost quadrupled because of the population’s extreme poverty and that only a few street children in the urban community of Niamey, Maradi, Zinder and Konni receive resettlement care by NGOs and associations, with Government support in some cases. The Committee asked the Government to provide information on effective measures taken to protect street children from the worst forms of child labour. It notes that an ILO/IPEC programme is being implemented to take children off the streets of Dosso-Dosso. The Committee requests the Government to provide information on the results under this programme, indicating in particular the number of children actually withdrawn from the streets. It requests the Government also to provide information on the measures taken to ensure the social rehabilitation and integration of such children.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report of May 2005 and the additional information sent in November 2005. It also notes the information supplied in June 2005 at the 93rd Session of the Conference Committee on the Application of Standards and the discussion that ensued. It likewise takes note of the detailed multidisciplinary report by the High-level Fact-finding Mission that took place in Niger from 10 to 20 January 2006 at the request of the Conference Committee.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee took note of observations by the International Confederation of Free Trade Unions (ICFTU) alleging trafficking of girls in Niger for domestic work and sexual exploitation, and trafficking of boys for the purpose of economic exploitation. It noted that sections 255 and 258 of the Penal Code punishes whosoever, whether by fraud or violence or without fraud or violence, abducts minors under 18 years of age or causes them to be abducted, or entices, diverts or removes them, or causes them to be enticed, diverted or removed, from where they were placed by the persons to whose authority or guidance they were entrusted. It asked the Government to provide information on the measures taken or envisaged to prohibit and eliminate this worst form of child labour.

The Committee notes the statement made by the Government representative at the Conference Committee in June 2005 that Niger is not a country where children are sold or trafficked, such practices not having been brought to the knowledge of the public authorities. It also notes that the Government repeats this statement in the additional information sent in November 2005. The Committee observes, however, that in its report, the High-level Mission states that according to information it has obtained, Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa. The Committee also observes that Niger’s geographical location (i.e. the fact that it shares nearly 5,700 kilometres of land borders with seven States – Algeria, Benin, Burkina Faso, Chad, Libyan Arab Republic, Mali and Nigeria – does indeed place the country at the heart of the region’s migratory flows and exposes it to the risk of trafficking, particularly child trafficking. Furthermore, Niger is the more exposed to the phenomenon because most of the countries with which it shares a land border are themselves affected by trafficking. The Committee notes that, according to information gathered by the High-level Mission, Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children. The mission report also indicates that the trafficking of women and children between the countries of the subregion has increasingly involved Niger, and that the trafficking networks are fed, especially in Niamey, by young persons recruited mainly in Nigeria, Togo, Benin and Ghana, with the promise of a bright professional future, to carry out tasks which are traditionally regarded as demeaning in Niger (domestic work) or which are prohibited on religious grounds (work in bars or restaurants, etc.).

The Committee notes that, in its report, the mission recommends completing the legal framework allowing child labour, particularly its worst forms, to be prevented. The Committee points out in this connection that, although sections 255 and 258 of the Penal Code punish the abduction of children under the age of 18 years of age, Niger has no specific legislation on human trafficking. It notes that the mission indicates in its report that Niger’s Association for Human Rights (ANDDH) has set up, in collaboration with UNICEF, a programme to combat human trafficking in Niger. As part of the programme, the ANDDH has drafted a Bill for the prevention, repression and punishment of trafficking in Niger. In its conclusions, the mission proposes that the Bill should undergo critical examination by the National Committee for the Protection of Human Rights and Fundamental Freedoms (CNDHLF), which has the authority to submit bills to the Government on human rights matters. The Committee therefore asks the Government to take the necessary steps to ensure that the Bill to prevent, repress and punish trafficking in Niger, is adopted as soon as possible. It also requests the Government to provide information on any progress made in this matter.

2. Forced or compulsory labour. Begging. The Committee previously took note of observations by the ICFTU alleging that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of five or six to a spiritual guide (marabout), with whom they live until they are 15 or 16 years old. During that time they are entirely in the guide’s charge. He teaches them religion and in return requires them to carry out certain tasks, including begging. In its previous comments, the Committee noted that section 179 of the Labour Code punishes begging and that section 181 of the Code punishes the parents of minors under 18 years of age who habitually engage in begging and anyone who invites them to beg or wittingly benefits from the begging. The Committee, like the United Nations Committee on the Rights of the Child, expressed concern at the vulnerability of children who beg in the streets. It requested the Government to provide information on the measures taken to improve the situation of child beggars and on the application of sections 179 and 181 of the Penal Code.

The Committee notes that, in June 2005, the Government representative made a point of reminding the Conference Committee that begging was a cultural and educational practice aimed at developing humility and compassion in adults. She indicated, however, that the competent departments were reflecting on appropriate measures to respond to the risks deriving from this practice because of poverty. In its conclusions of June 2005, the Conference Committee shared the concern of the Committee of Experts about the vulnerability of children who beg in the streets and asked the Government to indicate effective and time-bound measures for withdrawing street children under 18 years of age from begging. The Committee notes that, from the interviews held by the High-level Mission, it emerges that there are three forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practised by indigent people. Educational begging is the form practised in Niger in accordance with the Muslim religion as a means of learning humility, for the person practising it, and compassion, for the alms giver. Lastly, begging that uses children for purely economic ends uses children as a source of business. The Committee notes that, according to the mission report, the existence of this third form of begging was acknowledged by those interviewed, including the Government. The Committee points out that, because this form of begging has its roots in cultural and religious practice, few are shocked to see children exploited in this way. However, in this form of begging children are the more vulnerable, as their parents, although concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely in the charge of the marabouts.

The Committee is seriously concerned at the use by certain marabouts of children for purely economic ends, particularly as it would appear from the information gathered by the mission that this form of begging is very much on the increase. The Committee is also concerned at the mission’s finding that begging among talib children is closely linked to child trafficking in that it is certain marabouts or teachers of the Koran who are mainly at the origin of this kind of exploitation. The Committee also notes that the Government has recognized that this form of begging is on the increase. It notes in this context that in his 2006 goodwill address to the nation, the Prime Minister of Niger referred to the scourge of begging. The Committee requests the Government to step up its efforts to take the necessary steps to enforce the national legislation on begging and to punish marabouts who use children for purely economic ends. It also requests the Government to indicate effective and time-bound measures taken to protect children against forced labour and ensure their rehabilitation and social integration.

Article 3(d). Hazardous work. Children working in mines and quarries. In its previous comments, the Committee took note of information sent by the ICFTU to the effect that a study conducted by the ILO in 1999 on child labour in small-scale mining, covering four types of traditional mines (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua, and gold in Liptako-Gourma), showed that child labour is widespread in Niger, principally in the informal economy, and that work in small-scale mines is the most hazardous of all activities in the informal sector. The Committee noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 provides that employers may not assign children to underground work in mines. It asked the Government to redouble its efforts to ensure that the legislation protecting children against underground work in mines was effectively applied.

The Committee notes that, in its conclusions of June 2005, the Conference Committee shared the Committee of Experts’ concern at the vulnerability of children who carry out hazardous work in mines and quarries. The Conference Committee noted that the Government of Niger expressed its resolve to pursue efforts to eradicate such situations with technical assistance and cooperation from the ILO. The Committee notes from the information gathered by the mission that hazardous work by children, particularly in mines and quarries, does exist in “informal” locations. The Committee notes from the Government’s report that the Government informed the mission that, when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and that, in some cases, the children carry out small tasks for their parents. The Committee notes, however, that according to various interviews carried out by the mission in Niger, the children do more than simply accompany their parents. The mission reports that they intervene in the production chain, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or in some cases tasks that are physically hazardous, eight hours a day, every day of the week, running the risk of accident or disease.

The Committee points out in this connection that there is a difference between the child labour prohibited by ILO Conventions and the small tasks that children may carry out in the family environment which may be regarded as playing a major role in the child’s socialization. The child labour prohibited by the ILO Conventions refers to jobs done by children, which in fact mask a form of bondage opening the way for abuse of all kinds, and in particular preventing children from studying and exposing them to situations that endanger their health and development. Although the problem is not as widespread as the one mentioned by the ICFTU, the Committee is concerned at the use of child labour in hazardous work, particularly mines and quarries in the informal sector. It observes that Niger, like many other developing countries, is affected by child labour because of the poverty of the population and the expansion of the informal economy to the detriment of the formal sector. The Committee requests the Government to take the necessary steps to ensure that the national legislation to protect children against underground work in mines also applies to informal mining and quarrying.

Article 5. Monitoring mechanisms. In its observation of 2003 on the Labour Inspection Convention, 1947 (No. 81), the Committee noted that, like other administrative bodies of the State, the labour inspection services were affected by a lack of resources and the severe restrictions that had to be imposed on recruitment in order to meet the objective of controlling the wage bill. According to the Government, in 2004 the labour inspection service was to be allocated a larger share of the state budget allowing it to be improved. The Committee asked the Government to provide information on the measures taken or envisaged to step up the resources available to labour inspectors. The Committee notes from the information supplied by the Government that the planned increase in the budgetary allocation for the labour inspection services for 2004 did not take place. The Committee notes in this connection that, according to the mission report, site visits revealed that the labour inspectorate, which plays a key role in combating child labour and forced labour, lacks both the human and the material resources needed to perform its duties. The mission recommended a labour inspection audit to ascertain the exact nature and extent of the inspectorate’s needs. The Committee refers the Government to its observation under the Labour Inspection Convention, 1947 (No. 81), and hopes that the Government will take the necessary steps to implement the mission’s recommendation. The Government is asked to send information on this matter.

Article 7, paragraph 1. Sanctions. In its previous comments, the Committee asked the Government to send information on sanctions applied for the sale and trafficking of persons, begging and the use of children in hazardous work, particularly in mines and quarries. The Committee notes that, in June 2005, the Government representative informed the Conference Committee that no complaints having been filed in the courts, there had been no occasion to apply penalties. She further indicated that, notwithstanding government efforts in the legal sphere, the economic situation did not always allow standards to be applied effectively. The Committee notes that, in the additional information sent in November 2005, the Government repeats that no complaints have been lodged. However, the Committee notes from the mission report that it is difficult to apply the law on forced labour and the exploitation of children for economic and sexual ends. It reminds the Government that, according to Article 7, paragraph 1, of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. While noting that the economic situation does not always allow standards to be applied effectively, the Committee requests the Government to take the necessary steps to ensure the effective implementation and enforcement of penal sanctions that apply by law to the sale and trafficking of persons, begging and the use of children in hazardous work, particularly in mines and quarries. It also requests the Government to provide information on the application of sanctions in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the working of the education system. In its previous comments, the Committee noted that, according to the ICFTU, although compulsory education lasts six years, only 32 per cent of children of primary school age go to school. Furthermore, most girls are kept at home to work and are married very young. The literacy rate is 7 per cent for girls and 21 per cent for boys. The ICFTU provided a table showing that only 30.3 per cent of children between the ages of five and 12 years attend school. The Committee noted that, according to the Government, basic education is free in Niger and that there are vocational training centres in the country. It also noted the Government’s indication that for some years it had been focusing on the enrolment of girls and that several measures were under way for this group of the population. It likewise noted that a Ten-Year Education Plan had been adopted for the period from 2002 to 2012.

The Committee notes that, in her statement to the Conference Committee in June 2005, the Government representative said that the Government was still engaged in a major effort to develop schooling for children, but it was hampered by the country’s limited financial resources and strong demographic growth. She further indicated that the Government wanted to eradicate illiteracy. The Committee notes from the mission’s report that underlying the problem of child labour is the problem of children’s access to education and training that meets the needs of the labour market. Moreover, despite the Government’s endeavours in the area of education and its attempts to attain the objective of providing all children, by 2015, with the means to complete a full primary education cycle, the situation is still unsatisfactory. The mission also indicates that parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger. The Committee further notes that, according to the mission report, the education dispensed by Koran teachers leads to no diploma, which limits the children’s potential for entering the labour market in the future.

The Committee is deeply concerned at the low school enrolment rate and the extent of illiteracy. It notes the mission’s recommendation to the effect that the working of the education system needs to be improved to ensure access for all to education of a high standard. The Committee also notes that, in its report, the mission mentions that the Government is thinking about the possibility of integrating the Muslim religious schools into the national education system which would allow better supervision both of teachers and of the education provided. The Committee points out that education is one of the most effective means of combating child labour, particularly its worst forms. It therefore requests the Government to take the necessary steps to implement the mission’s recommendation and to improve the working of the education system in order to ensure that girls and boys have access to education of a high quality. Moreover, in view of the information that the mission gathered on children who are forced to beg, the Committee requests the Government to take the necessary steps to integrate the Muslim religious schools into the national education system.

2. Informing and educating the public about the problems of child labour and forced labour. The Committee notes that, in its report, the mission recommends measures to raise awareness and educate the public about the problems of child labour and forced labour, taking account of the gender dimension, because they affect the two sexes differently and because experience has shown that if women (mothers) are made aware, the impact on development is greater. The Committee also notes the mission’s suggestion that specific measures to raise awareness among teachers of the Koran and parents should be undertaken to prevent the instrumentalization of begging by certain marabouts. The Committee notes in this connection the information sent by the Government to the effect that, in cooperation with ILO/IPEC, PAMODEC, civil society (NGOs and associations) and leaders of public opinion (traditional chiefs and religious chiefs), it has conducted campaigns to raise awareness of the dangers of child labour for the future of families, the population and the country as a whole. The Committee notes that, according to the mission’s report, society in Niger is still very traditionalist. Much therefore remains to be done in terms of alerting the public to the problems of child labour and its worst forms. The Committee therefore encourages the Government to pursue its efforts to inform people of the dangers of child labour and its worst forms, by cooperating with the various government agencies, civil society in general and traditional chiefs. It also requests it to  provide information on measures taken in this regard.

3. Project in artisanal gold mines in West Africa. The Committee notes with interest that the Government is taking part in the ILO/IPEC project to prevent and eliminate child labour in artisanal gold mines in West Africa, in which the other participants are Burkina Faso and Mali. It notes from information available at the Office, that more than 1,500 children will be prevented from being engaged in artisanal gold mines. The Committee requests the Government to provide information on the number of children who are actually prevented from being engaged in this worst form of child labour following implementation of the abovementioned project in Niger.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, as part of the project to eliminate child labour from artisanal gold mines in West Africa, 1,500 children are to be withdrawn from these mines. The Committee requests the Government to provide information on the number of children actually removed from artisanal gold mines following implementation of the project in Niger. It also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of these children.

Article 8. Cooperation. 1. Regional and international cooperation. The Committee notes with interest that the Government is already cooperating with ILO/IPEC and other specialized agencies of the United Nations and with some governments. It further notes that, on 27 July 2005, the Government signed a multilateral cooperation agreement to combat child trafficking in West Africa, the other signatories of which are: Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Nigeria and Togo. The Committee is of the view that, in order to combat the worst forms of child labour effectively, particularly the sale and trafficking of children, actions should be coordinated at a subregional level. It therefore asks the Government to provide information on the measures taken under the abovementioned multilateral cooperation agreement to cooperate with the other signatories with which Niger shares a border. Moreover, taking into account the desire expressed by the Government that ILO technical assistance and international cooperation be strengthened, the Committee calls on the ILO and member States to furnish such assistance, in conformity with Article 8 of the Convention.

2. Poverty reduction. The Committee notes the statement made by the Government representative to the Conference Committee in June 2005 that Niger has a poverty reduction strategy. It notes that, in its recommendations, the mission indicated that in order to combat poverty, the creation of decent and productive jobs must be at the core of any poverty reduction policy. The Committee therefore asks the Government to provide information on its poverty reduction strategy, particularly the effective reduction of poverty among children who are victims of the worst forms of child labour, particularly sale and trafficking, begging that uses children for purely economic ends and hazardous work in mines and quarries.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government’s statement that child labour is a development problem, poverty being its main cause, and that the remuneration obtained by children is an important contribution to the income of some poor families. Furthermore, child labour concerned the informal sector above all. The Committee had asked the Government to provide information on the application of the Convention in practice.

The Committee notes that, in its report, the mission refers to a lack of reliable data for quantifying accurately the extent and characteristics of child labour problems. The mission accordingly suggests that surveys should be carried out objectively and scientifically with the involvement of all concerned. According to information available at the Office, a diagnostic survey is under way in the urban areas of Maradi and Niamey and the rural areas of Kollo and Boboye, as is an exploratory study on the work of girls in mines and quarries. The Committee requests the Government to provide information on the results of these studies and on the way in which the Convention is applied in practice, including statistical data 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 offences reported, investigations conducted, prosecutions, convictions and penalties, as soon as such information is available. To the extent possible, the information should be disaggregated by sex.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes an observation sent by the ICFTU on 23 September 2003 which was forwarded to the Government on 17 October 2003.

The Committee refers to its comments on the Forced Labour Convention, 1930 (No. 29) and to Article 3(a) and (d) of the Worst Forms of Child Labour Convention, 1999 (No. 182), which indicate that the term "worst forms of child labour" includes all forms of slavery or similar practices such as the sale and trafficking of children, forced or compulsory labour and work which, by its nature or the circumstances in which it is carried out, is liable to impair the health, safety or morals of the child. The Committee considers that the problems of forced labour, the sale and trafficking of children for the purpose of sexual or economic exploitation and mine work may be examined more specifically under Convention No. 182. It accordingly requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Sale and trafficking of children. The ICFTU states in its observations that young girls are trafficked inside the country for domestic work, and that there is likewise trafficking in boys for the purpose of economic exploitation, and in girls for the purpose of sexual exploitation.

The Committee notes that section 255 of the Penal Code punishes whosoever, by fraud or violence, abducts or causes to be abducted minors under 18 years of age or entices, diverts or removes them, or causes them to be enticed, diverted or removed, from where they were placed by the persons to whose authority or guidance they have been entrusted. Section 257 of the same Code prescribes a heavier penalty if the abducted minor dies. Section 258 punishes anyone who, without fraud or violence, abducts or removes, or attempts to abduct or remove, a minor under 18 years of age. The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children, both for economic and sexual exploitation, including prostitution, is considered to be one of the worst forms of child labour, and that according to Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of this worst form of child labour. It requests the Government to provide information on the measures taken or envisaged to prohibit and eliminate this worst form of child labour.

2. Forced or compulsory labour. Begging. In its communication of September 2003, the ICFTU asserts that children are forced to beg in West Africa, including in Niger. It states that, for economic and religious reasons, many families entrust their children from the age of 5 or 6 to a spiritual guide (marabout), with whom they live until they are 15 or 16 years old. During that time they are entirely in the guide’s charge. The guide teaches them religion and in return requires them to carry out certain tasks, including begging. In its previous comments, the Committee had noted that in its concluding observations on Niger in June 2002 (CRC/C/15/Add.179, paragraphs 66 and 67), the Committee on the Rights of the Child expressed concern at the number of children begging in the streets, and, in particular, at their vulnerability to all forms of exploitation.

The Committee notes that section 4 of the Labour Code establishes an unconditional prohibition on forced or compulsory labour. It defines forced or compulsory labour as any work or service demanded of a person under threat of some penalty and which the person does not undertake freely. The Committee notes, however, that according to sections 1 and 2 of the Labour Code, the latter applies only to relationships between employers and workers. It further notes that section 179 of the Penal Code punishes begging and that section 181 of the same Code punishes the parents of minors under 18 years of age who habitually engage in begging, and the persons who invite them to beg or wittingly benefit from the begging. The Committee requested the Government to take all necessary measures to extend the prohibition on forced labour to all work relationships. The Committee notes that at the June 2004 session of the International Labour Conference (ILC, Provisional Record No. 24, part 2/10), the Government representative stated that her Government was deeply concerned by this matter. The Conference Committee indicated that it shared the concern of the Committee of Experts, also expressed by the United Nations Committee on the Rights of the Child, at the vulnerability of children who beg in the streets. The Conference Committee took note that the Government of Niger had expressed its willingness to pursue its efforts to eradicate this practice with technical assistance from the ILO and, in view of the seriousness of the problem, it requested the Government to pay particular attention to the adoption of measures to protect children against the form of forced labour represented by begging. The Committee accordingly asks the Government to indicate the measures taken or envisaged to this end. It also requests the Government to indicate how effect is given in practice to sections 179 and 181 of the Penal Code.

Clause (d). Hazardous work. Mines and quarries. The ICFTU indicates that mine work is banned for children under 18 years of age and that a study conducted by the ILO in 1999 on child labour in small-scale mining, covered four types of traditional mines (trona mining in the Boboye region; salt in Tounouga; gypsum in Madaoua; and gold in Liptako-Gourma). According to the ICFTU, the study shows that child labour is widespread, principally in the informal economy, and that work in small-scale mines is the most hazardous of all activities in the informal sector. According to ILO estimates, small mines employ 147,380 workers, 70,000 (47.5 per cent) of whom are children, and small mines and quarries employ 442,000 workers, 250,000 (57 per cent) of whom are children. According to the ICFTU, the study shows that in all the these mines and quarries, working conditions for children are very hard and that from 8 years of age children carry out physically dangerous work such as extraction, more often than not for ten hours or so a day, seven days a week. The work involves substantial risk of accidents and diseases and severely impairs the children’s health. The study notes the absence of mining safety techniques on the sites visited and of health infrastructures in the vicinity. In the Tounouga salt mine, 1,620 children under 18 years of age are employed, and salt extraction is carried out almost exclusively by children. Owing to lack of experience, they frequently injure themselves with their tools. In gold mines too, children perform hazardous work underground. The ICFTU asserts that the children are often forced to work by their parents.

In its previous comments, the Committee requested the Government to provide information on the working conditions of these children and on any measures taken or envisaged to protect them from this worst form of child labour. The Government’s report contains no information on the matter. The Committee notes that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 provides among other things that employers may not assign children to underground work in mines. It notes that at the June 2004 session of the International Labour Conference, the Government stated (ILC Provisional Record No. 24, Part 2/11) that the problem was essentially an economic one, Niger ranking last but one in the world in the development index. The Conference Committee nonetheless regretted that the Government had given the Committee of Experts no information on child labour in mines and asked the Government to pay special attention to the adoption of measures to protect children from hazardous work in mines.

The Committee reminds the Government that, according to Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is considered to be among the worst forms of child labour and must be prohibited for anyone under the age of 18. Although the legislation is in line with the Convention in this matter, child labour in mines is, in practice, a problem. The Committee therefore requests the Government to redouble its efforts to ensure that effect is given to the legislation to protect children from underground work in mines. It also requests the Government to provide information on the application of the penalties in practice, including, for example, reports on the number of sentences.

Article 6. Programmes of action. The Committee notes that several action programmes involving the withdrawal of children from the worst forms of child labour are being conducted in collaboration with ILO/IPEC. It notes, in particular, the programme to withdraw children from gold panning in Niger and improve working conditions, the implementation of which has been entrusted to a non-governmental organization, the Organization for the Prevention of Child Labour in Niger (OPTEN-Niger). The aim is to withdraw 90 children, 35 per cent of whom are girls, from the arduous and hazardous tasks of gold panning, and to relocate them in less dangerous, income-generating activities. The Committee further notes the programme to contribute to the elimination of arduous work done by children in the insular villages of the urban commune of Tillabéri, the aim of which is to withdraw 500 children, 50 per cent of whom are girls, from such work and to reintegrate them into the school system or vocational training. The Committee notes that the number of direct beneficiaries of this programme is 702 children - 420 boys and 282 girls - and that the number of indirect beneficiaries is 1,581 children. The number of children who have benefited from the improvement of the school system is 792 - 488 boys and 304 girls.

The Committee requests the Government to continue to provide information on the implementation of these programmes of action and on their impact in terms of protecting and removing children from forced labour, sale and trafficking and from underground work in mines.

Article 7, paragraph 1. Penalties. The Committee notes that under section 181 of the Penal Code, the parents of minors of under 18 years of age who habitually engage in begging, and all persons who invite them to beg or wittingly gain from the begging, shall be punished by a term of imprisonment of from six months to one year.

The Committee also notes that section 255 of the Penal Code punishes the abduction, diversion or removal by fraud or violence of a child under 18 years of age by a prison term of from two to ten years, attempts carrying the same penalty as the offence itself. Under section 257 of the Penal Code, abduction is punishable by the death penalty if it is followed by the death of the minor. Section 258 of the same Code punishes the abduction or leading away or attempted abduction or leading away, without fraud or violence, of a minor under 18 years of age by a prison term of from one to five years, and a fine of from 10,000 to 100,000 francs, or by only one of these two penalties.

The Committee further notes that, under section 327 of the Labour Code, breach of, inter alia, the decree laid down in section 99 (Decree establishing the nature of the work and the categories of enterprises which are prohibited for minors under 18 years of age) is punishable by a fine of from 5,000 to 50,000 francs and recurrent breach, by a fine of from 50,000 to 100,000 francs. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The ICFTU indicates that although compulsory education lasts six years, only 32 per cent of children of primary-school age go to school. Furthermore, most girls are kept at home to work and are married very young. The literacy rate is 7 per cent for girls and 21 per cent for boys. The ICFTU provides a table showing that only 30.3 per cent of children between 5 and 12 years of age attend school. The Committee notes that, according to the Government, basic education is free in Niger and that the country has occupational training centres. It likewise notes the Government’s statement that for some years it has been focusing on the enrolment of young girls and that several measures are under way for this category of the population.

The Committee notes that article 11 of the Constitution recognizes education as a fundamental right. It also notes from the information supplied by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/3/Add.29/Rev.1, paragraph 273), that Act No. 98-12 of 1 June 1998 setting out the aims of the education system, sets forth the right of the child to education and the obligation of the State to make primary education compulsory and free. The Government indicates that section 2 of the abovementioned Act prescribes compulsory education for all citizens of Niger. Education is compulsory from 4 to 16 years of age. The Government specifies in the abovementioned report that no child, boy or girl, can be taken out of or excluded from the education system before the age of 16 years for any reason whatsoever. The Committee requests the Government to provide a copy of these provisions.

The Committee notes that in its report to the Committee on the Rights of the Child (CRC/C/3/Add.29/Rev.1, paragraph 301), the Government indicates that the education system in Niger has been in crisis since the country obtained independence and that despite a plethora of meetings and forums, the crisis continues for a number of reasons, in particular, the economic crisis and inadequate infrastructure and staffing. The Committee notes that a number of programmes are under way at the regional level and international level. At the regional level, an effort has been made to harmonize programmes in French-speaking countries. At the international level, the World Bank, through the basic education sectoral project (PROSEF), facilitated numerous activities between 1995 and 1996.

The Committee takes notes of a programme by the Association of Traditional Chiefs of Niger (ACTN), and of a Memorandum of Understanding with UNICEF concerning the enrolment of girls. The Committee further notes that according to the information submitted to the Committee on the Rights of the Child in the replies to the issues to be taken up in connection with the consideration with the initial report of Niger (CRC/C/Q/NIG/1), the adoption and implementation of the ten-year education plan 2002-12. The Committee notes, however, that in its concluding observations (CRC/C/15/Add.179, paragraph 58), the Committee on the Rights of the Child welcomes the ten-year education plan and the efforts undertaken by Niger to increase the enrolment of girls, but remains concerned at the low enrolment rate and the widespread illiteracy, the gender and regional disparities in school enrolment, the high drop-out rates, and the insufficient numbers of trained teachers. The Committee requests the Government to indicate, in accordance with Article 7, paragraph 2(a), of the Convention, the effective and time-bound measures taken to ensure, in practice, access to free basic education for girls and boys in urban, rural or particularly disadvantaged areas, on an equal footing for all.

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