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Repetition Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.
The Committee takes note of the Government’s report and observes that it does not refer to the question raised in its previous observation which read as follows.
Articles 3 and 10 of the Convention. Provisions on requisitioning. The Committee recalls that, for many years, it has been asking the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state officials and officials of territorial communities so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term. The Government had previously indicated that the revision of the abovementioned Ordinance was before the National Tripartite Committee responsible for the implementation of the recommendations produced by the brainstorming meetings to discuss the right to strike and the representativity of organizations. However, in its 2006 report, the Government indicated that the revision of the Ordinance had been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativity of trade union organizations. The Committee notes with regret that, in its latest report, the Government still does not provide an account of the measures taken to amend section 9 of Ordinance No. 96-009 despite the Committee’s repeated requests. The Committee trusts that the Government will not fail to take without delay all the necessary measures to that end and recalls the possibility of seeking technical assistance from the Office in that regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee notes the Government’s report.
Articles 3 and 10 of the Convention. Provisions on requisitioning. For a number of years, the Committee has requested the Government to amend section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope only to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, and to provide a copy of the applicable official text. In its previous observation, the Committee noted that the revision of the abovementioned Ordinance was before the National Tripartite Committee. In this regard, the Committee notes that, according to the Government, the revision of the Ordinance has been hindered by the lack of agreement between the social partners and the Government and by problems relating to the representativeness of trade union organizations. The Committee urges the Government to take all the measures within its power to amend section 9 of Ordinance No. 96-009 (a copy of which is requested) and to keep it informed of any developments in this regard.
Comments of the International Confederation of Free Trade Unions (ICFTU). Finally, with regard to the comments of the ICFTU of September 2003, referring to the requisitioning measures and threats of dismissal against teachers during a lawful strike, the Committee notes the Government’s indication that the dispute with teachers concerning this matter has been resolved and that it has taken due note of the Committee’s invitation to refrain from taking such measures in the future.
The Committee takes notes of the Government’s report.
1. Articles 3 and 10 of the Convention. Provisions on requisitioning. In its previous observations, the Committee invited the Government to amend as soon as possible section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, and to provide a copy of the applicable official text.
The Government indicates that the revision of the abovementioned Ordinance is before the National Tripartite Committee responsible for implementing the recommendations produced by the seminar on the right to strike and trade union representation. The Committee points out that the above seminar, held with technical assistance from the Office, took place more than three years ago (in September 2002). The Committee again urges the Government to take all necessary steps at the earliest possible date to complete the work of the abovementioned Committee rapidly, and to send a copy of Ordinance No. 96-009 of 21 March 1996 as amended to bring the legislation into line with the Convention, with its report for examination in 2006.
2. The Committee notes the Government’s observations replying to the ICFTU’s communication of September 2003, particularly concerning customs officials. It notes, however, that the Government has not commented on the requisitioning measures and threats of dismissal against teachers during a lawful strike in 2000. The Committee reminds the Government that teachers, like other workers, enjoy the right to strike. It refers the Government to the comments above and invites it to refrain from taking such measures in the future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Articles 3 and 10 of the Convention. Legislative provisions respecting the requisitioning of labour. In its previous observation, the Committee requested the Government to amend rapidly section 9 of Ordinance No. 96-009 of 21 March 1996 so as to restrict its scope to cases in which work stoppages are likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, and to provide a copy of the official text applicable.
The Committee notes that the Government has issued two Orders (No. 0825/MFP/T of 2 June 2003 and No. 1011/MFP/T of 1 July 2003) which, respectively, establish a national tripartite committee and appoint the members of the committee, which is responsible for conducting the process of amending the legal texts on the right to strike and the representative nature of occupational organizations. Recalling that the Government received technical assistance from the ILO in September 2002, among other matters on issues relating to strikes, the Committee requests the Government to take all the necessary measures to accelerate the work of the above committee and to provide the text of Ordinance No. 96-009, as amended to bring the legislation into conformity with the Convention, with its next report due in 2004.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the Government’s report and the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 23 September 2003.
The Committee also requests the Government to make any comments that it wishes to make on the observations of the ICFTU on the application of the Convention in Niger.
The Committee notes the summary report of the proceedings of the Labour Advisory Committee concerning the draft decree issuing the regulations of the Labour Code.
The Committee notes with regret that the Government has not sent its report on the Convention. It observes, however, that an ILO mission visited Niger in September 2002 in order to provide technical assistance to the Government and the social partners in the context of the tripartite meetings to discuss strikes and the representativeness of occupational organizations.
Articles 3 and 10 of the Convention. With regard to requisitioning, in its previous comments the Committee addressed the need to restrict the scope of Ordinance No. 96-009 of 21 March 1996 to work stoppages likely to provoke an acute national crisis, to public servants exercising authority in the name of the State or to essential services in the strict sense of the term. Noting that the Government has received technical assistance from the ILO on all strike-related issues, the Committee requests the Government to bring section 9 of Ordinance 96-009 into line with the Convention, and to send a copy of the official text adopted to that end.
The Committee notes the information provided by the Government in its report. It recalls that its previous comments concerned the following points:
1. Article 4 of the Convention. Dissolution by administrative authority. The Committee noted with concern that the Government had dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 and it urged the Government to indicate whether the SNAD had been re-established since that time in accordance with its rights. In this regard, the Committee notes with interest the signature of a protocol agreement between the Government and the Confederation of Workers’ Trade Unions of Niger (USTN), dated 21 April 2000, providing for the rehabilitation of the SNAD and the re-establishment of its rights in June 2000.
2. Articles 3 and 10. Rights of workers’ organizations to strike in defence of their economic, social and occupational interests. The Committee noted that section 9 of Order No. 96-009 of 21 March 1996 provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. The Committee expressed the view that the scope of this provision is too broad and that it should be restricted to cases in which a work stoppage may give rise to an acute national crisis, to public servants exercising authority in the name of the State, or to essential services in the strict sense of the term, that is services the interruption of which endanger the life, personal safety or health of the whole or part of the population. In this regard, the Committee notes that the above protocol agreement between the Government and the USTN states that the Government shall undertake to convene the Advisory Commission on Labour and the Public Service as soon as possible with a view to finalizing the work of revising the new Labour Code, the Act respecting strikes and its implementing decree. The Committee requests the Government to transmit the texts respecting requisitioning which are adopted under the above protocol agreement. Furthermore, the Committee once again requests the Government to provide it with copies of the requisition orders issued in the case of strikes, until such time as section 9 of Order No. 96-009 of 21 March 1996 is amended.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous comments which read as follows:
1. Article 4 of the Convention. Dissolution by administrative authority. The Committee had noted with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997. Recalling that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority, the Committee urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights. 2. Articles 3 and 10. Rights of workers' organizations to strike in defence of their economic, social and professional interests. The Committee had noted that section 9 of Order No. 96-009 of 21 March 1996 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the while or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests, once again, the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future with copies of the requisition orders adopted in cases of strikes.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee noted the conclusions of the Committee on Freedom of Association concerning Case No. 1921 (see 308th Report, paragraphs 556-576). Article 4 of the Convention (dissolution by administrative authority). The Committee notes with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 as the result of a strike the union had declared in order to obtain a reimbursement of wage arrears. In this regard, the Committee recalls that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority. The Committee therefore urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights. Articles 3 and 10 (rights of workers' organizations to strike in defence of their economic, social and professional interests). The Committee notes that for state employees the exercise of the right to strike is governed by Order No. 96-009 of 21 March 1996, section 9 of which provides that in vital and/or strategic services, a minimum service must be provided on the basis of agreement between the authorities and trade unions, but also in accordance with the application of the Convention. However, section 9 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future, with copies of the requisition orders adopted in case of strikes.
The Committee notes the conclusions of the Committee on Freedom of Association concerning Case No. 1921 (see 308th Report, paragraphs 556-576).
Article 4 of the Convention (dissolution by administrative authority). The Committee notes with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 as the result of a strike the union had declared in order to obtain a reimbursement of wage arrears. In this regard, the Committee recalls that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority. The Committee therefore urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights.
Articles 3 and 10 (rights of workers' organizations to strike in defence of their economic, social and professional interests). The Committee notes that for state employees the exercise of the right to strike is governed by Order No. 96-009 of 21 March 1996, section 9 of which provides that in vital and/or strategic services, a minimum service must be provided on the basis of agreement between the authorities and trade unions, but also in accordance with the application of the Convention. However, section 9 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future, with copies of the requisition orders adopted in case of strikes.
The Committee notes the information supplied by the Government in its report. Article 3 of the Convention. With reference to its previous comments on the need to amend the legislation which restricted the right to access to trade union office to Nigerian nationals (sections 6 and 25 of the 1962 Labour Code), the Committee notes with satisfaction that section 178 of the Labour Code as amended by Order No. 96-039 of 29 June 1996 extends the right to exercise trade union office to foreign workers who have resided lawfully in the territory of Niger for three years, or less for the citizens of States which have concluded reciprocal agreements on trade unions.
Article 3 of the Convention. The right of workers' and employers' organizations to elect their representatives in full freedom.
The Committee, noting with regret that the Government's report contains no new information, is bound once again to recall that sections 6 and 25 of the Labour Code of 1962, which provide that members responsible for the administration or management of unions or federations must be nationals of Niger, are liable to restrict the full exercise of the right guaranteed by this Article of the Convention.
The Committee once again requests the Government to amend its legislation in the near future so that foreign workers and employers have access to trade union office, at least after a reasonable period of residence in the country (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118). The Committee recalls that the amendment envisaged, of requiring ten successive years of work in order to have access to trade union office, in no way constitutes a reasonable period and expresses the firm hope that the Government will take into account its comments when the planned revision of legislation takes place.
The Committee once again requests the Government to provide information in its next report on any progress achieved in bringing the legislation into greater conformity with the Convention.
With reference to its previous comments, the Committee notes the information supplied by the Government in its last report to the effect that the revision of the Labour Code, which it has been announcing for a number of years and which is to take into account the Committee's comments, has still not been carried out. The Government adds, however, that the Committee's previous comments have been transmitted to the technical services which should respond as soon as possible.
Under these conditions, the Committee is bound once again to recall that sections 6 and 25 of the Labour Code of 1962, which provide that members responsible for the administration or management of unions or federations must be nationals of Niger, are liable to restrict the full exercise of the right guaranteed by Article 3 of the Convention.
The Committee once again requests the Government to amend its legislation so that foreign workers and employees have access to trade union office, at least after a reasonable period of residence in the country (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 118). It expresses the firm hope that the Government will take account of its comments in the planned review of the legislation.
The Committee requests the Government to provide information in its next report on any progress achieved in bringing the legislation into greater conformity with the Convention.
With reference to its previous comments, the Committee notes with regret that in its report, the Government merely states that it has taken note of the Committee's comments concerning the conditions governing the right to organize of workers and employers carrying out their activities in the national territory and that it will provide the revised texts in due course.
In these circumstances, the Committee is bound once again to recall that section 6 of the Labour Code of 1962 which provides that members responsible for the administration or management of a professional union must be nationals of Niger and section 25, which states that section 6 also applies to union federations, are liable to restrict the full exercise of this right which is guaranteed by Article 3 of the Convention.
The Committee therefore once again asks the Government to amend its legislation so that foreign workers and employees have access to trade union office, at least after a reasonable period of residence in the country (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 118). It recalls the proposal envisaged by the Government requiring ten consecutive years of activity for eligibility to trade union office may not under any circumstances be regarded as a reasonable period, and expresses the firm hope that the Government will take account of its comments in the review of the legislation.
The Committee asks the Government to provide information in its next report on progress made in bringing the legislation into conformity with the Convention.
Article 3 of the Convention. The right of workers and employers to elect their representatives in full freedom.
With reference to its previous comments, the Committee notes from the Government's report that at an annual meeting of managerial personnel, in their recommendations, the participants stressed the need to authorise foreign workers to participate fully in trade union management and administration. According to the Government, this possibility would, however, only be open to foreign employees who have worked successively for at least ten years in Niger. Moreover, this proposal along with all the other recommendations will be submitted, according to the Government, to the Labour Advisory Committee of Niger for examination, comment and follow-up.
While noting this information, the Committee recalls that statutory provisions that confine the exercise of trade union functions to the nationals of a country are liable to restrict the full exercise of this right.
The Committee therefore requests the Government to adopt appropriate amendments to the present legislation in the near future so as to enable foreign workers and foreign employers to have access to trade union office, at least after a reasonable period of residence in the country, which is clearly not the case for a period of ten successive years of work, and to provide information on any progress made in this respect in its next report.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
With reference to section 6 of the Labour Code of 1962, the Committee notes that the members responsible for the administration and management of a professional union must be nationals of Niger and that this provision applies to union federations, in accordance with section 25 of the Labour Code.
The Committee wishes to draw the Government's attention to paragraphs 159 and 160 of its General Survey of 1983 on Freedom of Association and Collective Bargaining and, in particular, to Article 3 of the Convention which guarantees the right of workers' organisations to elect their representatives in full freedom. In the Committee's view, statutory provisions that confine the exercise of trade union functions to nationals of the country are liable to restrict the full exercise of this right.
The Committee would be grateful if the Government would envisage adopting measures to make the legislation more flexible so that foreign workers have access to trade union offices, at least after a reasonable period of residence in the country.
The Committee takes note of the Government's reports.