Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

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.