Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. The possibility for career servicemen to resign. The Committee notes Ordinance No. 99-62 of 20 December 1999 (Statute of the military personnel of the armed forces of Niger and the national gendarmerie) which has replaced Decree No. 79-23/PCMS/MDN of 1 March 1979 (which dealt with the same subject matter). With reference to section 21 of Ordinance No. 99-62, the Committee notes that the resignation of career servicemen is still contingent on the agreement of the appointing authority. This means that the appointing authority may deny career servicemen the right to leave the service, without a valid reason, thus compelling them to continue working.

Referring to paragraphs 33, 68 and 72 of General Survey of 1979 on the abolition of forced labour, the Committee recalls that the fact that compulsory military service does not fall within the scope of the Convention may not be invoked to deprive career servicemen, who have joined the forces voluntarily, of the right to leave the service either at specified intervals or with previous notice. The Committee therefore hopes that the Government will take appropriate steps to ensure that the resignation of servicemen is not subject to the agreement of the authority, and thus ensure full observance of the Convention.

2. Resignation of public servants. As the Government mentioned in its report for 1994, the Statute of Public Servants is regulated by Ordinance No. 89-18 of 8 December 1989 (General Statute of the Public Service) and Decree No. 91-110/PRN/MFP/T of 26 June 1991 on application procedures. According to section 52 of the above ordinance and section 153 of the above Decree, the appointing authority must decide within four months whether it accepts or refuses an application to resign by a public servant. In the event of refusal, the public servant will be required to continue working.

Referring to paragraphs 67 and 68 of its General Survey of 1979 on the abolition of forced labour, the Committee recalls the fact that laws which require workers to be kept in their jobs are contrary to the Convention except in so far as they are needed to deal with cases of emergency within the meaning of Article 2, paragraph 2(d), of the Convention. Having noted the content of the abovementioned provisions of the national legislation, the Committee finds no mention of any grounds which may be invoked to refuse resignation. It therefore asks the Government to provide more information on the subject.

3. Forced labour in the event of vagrancy. The Committee notes that the National Assembly is envisaging amending the Penal Code. It hopes that the Government will provide the new texts as soon after their adoption as is possible.

The Committee observed in previous comments that under section 178 of Act No. 61-27 establishing the Penal Code, vagrants shall be punished by a penalty of imprisonment of from three to six months. Section 177 of the Penal Code defines vagrants as "persons of no known abode or means of subsistence who as a rule exercise no trade or occupation".

The Committee recalls paragraphs 45-48 of its 1979 General Survey on the abolition of forced labour in which it noted that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a means of direct or indirect compulsion to work. Such provisions should be so amended as to confine penalties to persons disrupting the public order by unlawful acts. The Committee hopes that the reform of the Penal Code will include amendments to sections 177 and 178 in order to ensure that the Convention is complied with on this point. If that is not the case, the Committee asks the Government to inform it of measures taken or envisaged.

4. The Committee asks the Government to send a copy of the Constitution of the Vth Republic of 18 July 1999.