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

The Committee notes the information contained in the Government’s brief report.

1. The Committee notes the Government’s statement that obstacles in the implementation of the Convention have been identified in relation to the socio-cultural context of the country and with respect to the lack of information on the principles of the Convention by the population. The Committee recalls that Article 3(b) of the Convention requires the Government to promote educational programmes to secure the acceptance and observance of the policy of equality of opportunity and treatment in employment, occupation and training. Therefore, the Committee urges the Government to undertake campaigns of public education and awareness raising on the importance of non-discrimination and the promotion of equality, and to supply information on the impact such measures have had in promoting application of the Convention in law and practice.

2. Noting that the Government was not able to undertake a review of the legislation due to lack of finance, the Committee draws to the Government’s attention that it might wish to consider asking the Office for technical assistance in this regard.

3. The Committee notes that the Government’s report contains no reply to the following points raised in its previous comments and hopes the Government will supply the relevant information in its next report:

-  With reference to its earlier comments regarding section 5 of the Labour Code of 1996, which prohibits any discrimination in employment "subject to the explicit provisions of the present Code, or of any other legal text or regulation protecting women and children, and of provisions respecting the situation of foreigners", the Committee notes that the particular provisions which protect women and children are those provided under the new Labour Code (sections 99 and 101) and by Decree No. 67-126 of 7 September 1967 (Chapters 3 and 4). It also notes the Government’s statement that these measures, far from constituting discrimination, are in fact intended to preserve the safety and health of these highly sensitive categories of workers. With reference to the ILO resolution on equality of opportunity and treatment for men and women workers in respect of employment, 1985, and in particular its paragraph 5, the Committee invites the Government to re-examine these provisions in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in the light of the development of scientific knowledge and techniques. It also recalls that both men and women must be protected against risks inherent to their employment and occupation and that, as regards the types of work which have been shown to be particularly harmful to the reproductive function, measures should be taken to ensure special protection for women and men. In this connection the Committee asks the Government to consider the possibility of organizing consultations with the social partners and in particular with women workers, and to supply information on progress achieved.

-  The Committee requests the Government to indicate how national policy to promote equality of opportunity and treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the body of criteria of discrimination forbidden by the present Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. In this connection, it refers to the explanations provided in its General Survey of 1988 on equality in employment and occupation (paragraphs 196-230). Taking account of paragraphs 7-11 of the conclusions of the United Nations Committee for the Elimination of Racial Discrimination of 10 February 1999 (CERD/C/304/Add.62), the Committee hopes that the report will contain details on the application of this national policy to the various ethnic groups living in Niger, for example to the Toubous.

-  Finally, the Committee asks the Government to specify how effect is given to Article 3(a) of the Convention, in particular the manner in which it attempts to obtain the collaboration of employers’ and workers’ organizations and other relevant bodies to advance acceptance and application of the national policy of promotion of equality of opportunity and treatment. It also requests the Government to communicate information on all other bodies concerned with the promotion of the principle on which the Convention is based, in particular on the activities of the National Committee on Human Rights and Freedoms (CNDHL) to which it had referred in its earlier comments.