Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Articles 1(1) and 2(1) of the Convention. Slavery and slave-like practices. The persistence of slavery in Niger was one of the matters examined by the Committee in its previous observation and by the Conference Committee on the Application of Standards in June 2004 (92nd Session). In its previous comments, the Committee referred to observations from the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC) – and to the study carried out in 2001 under the auspices of the ILO on the identification of obstacles to the implementation of fundamental principles and rights at work and proposed solutions in Niger, validated by the Government and the social partners. The Committee observed that in Niger, there was an archaic form of slavery found in nomadic communities and that slave status was still transmitted by birth to persons from certain ethnic groups. The slave is placed at the disposal of the master without charge or in exchange for payment. The relations between master and slave are based on direct exploitation. Slaves work for their masters without remuneration, largely as shepherds, agricultural workers or domestic employees. The Committee noted that the Government acknowledged that slavery had not been totally eradicated and that numerous actions had been undertaken to combat the forced labour of persons reduced to slavery. In terms of legislation, Act No. 2003-025 of 13 June 2003 amended the Penal Code by introducing a section on slavery. A prison term of ten to 30 years and a fine are imposed for reducing someone to slavery or for incitement to relinquish one’s liberty or dignity or that of a dependent person in order to become a slave. Slavery offences are likewise defined and punished. Furthermore, associations established for the purpose of combating slavery or similar practices may sue for damages in the civil courts in redress for breaches of the Criminal Slavery Act (section 270-1 to 270-5 of the Penal Code). As to awareness raising, campaigns have been carried out, targeting traditional chiefs in particular. The Committee requested the Government to provide information on the measures taken to assess the extent of slavery in Niger, the programmes or measures implemented specifically for former slaves or descendants of slaves, and the number of persons prosecuted, sentenced and punished for exacting forced labour from persons reduced to slavery.

The Committee notes that in its report for 2005, the Government states that there have been no convictions by the courts as there were no complaints filed by victims. In a later communication, and in response to the ICFTU’s observations, the Government again stated that it did not deny that slave-like practices still existed in certain parts of the country and that, on the contrary, it had always treated this as a matter of concern and taken appropriate initiatives. The Government referred in particular to circulars from the Prime Minister addressed in 2004 and 2005 to the Minister of the Interior following the adoption of the 2003 Act criminalizing slavery and asking him to meet with administrative heads, and religious and traditional chiefs to draw their attention to the pressing need to comply with the law and put an end to all forms of slave-like practices. The Government stated that in the context of cooperation with the Office, a project was to be launched to prevent the persistence of forced labour and similar practices, in the course of which a study might be conducted with a view to gaining more knowledge about the nature and extent of the phenomenon and identifying target groups, and a national action plan against forced labour might be set up.

The Committee notes with interest that since then, a National Committee to Combat Forced Labour and Discrimination was established (Order No. 0933/MFP/T of 4 August 2006) and officially set up in November 2006. Its terms of reference include preventing the persistence of forced labour and combating discrimination through measures to reduce poverty in target areas; preparing a national action plan in this field on the basis of an in-depth diagnostic study; ensuring monitoring of the national action plan. The Committee notes that the abovementioned committee has already met several times and has support from the Office through the Special Action Programme to combat forced labour (SAP‑FL) and in particular the support project for combating forced labour and discrimination in Niger (PACTRAD), which have been associated with the above committee’s meetings. At its meeting of October 2007, the said committee finalized a plan against the persistence of forced labour and discrimination which is to be submitted to the Government for adoption. The Committee also notes that at the request of the National Committee, the Office is lending its support for a statistical study on child labour and the consequences of slavery, which will be conducted by the National Statistics Institute.

The Committee takes note of all this information. It hopes that the Government will continue to take all necessary steps to ensure that the National Action Plan is adopted promptly and that the study on the persistence of forced labour is conducted at the earliest possible date. In the Committee’s view, it is essential that the Government should have access to reliable quantitative and qualitative data on the various forms of slavery and their consequences, so as to target both the measures to be taken and the beneficiary groups. It hopes that the national action plan will provide for measures to publicize the Act of 2003 incorporating into the Penal Code (sections 270-1 to 270-5) the provisions criminalizing slavery, and for measures to raise the awareness of the population and those involved in combating slavery, particularly religious and traditional chiefs, criminal police officers and magistrates. It would also be appropriate for the action plan to include activities or programmes specifically aimed at former slaves or descendants of slaves to ensure that they have sufficient means of subsistence not to fall back into a situation of dependency and hence exposure to exploitation of their labour.

Lastly, the Committee points out that under Article 25 of the Convention, the Government must ensure that the penal sanctions imposed by law are really adequate and strictly enforced. It asks the Government to indicate whether there have been any court decisions based on sections 270-1 to 270-5 of the Penal Code and, if so, to provide a copy of them. The Committee stresses that it is essential that the perpetrators of slavery offences be prosecuted and, if appropriate, sentenced. It hopes that the Government will take all measures available to it for this purpose and will ensure that the victims are effectively in a position to go to the police and judicial authorities to assert their rights.