Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes from the information supplied by the Government that recruitment into the armed forces takes place at the age of 18 in Niger. The Committee requests the Government to provide a copy of Ordinance No. 96-033 of 19 June 1996.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee asked the Government to provide information on the application of the provisions of the national legislation that prohibit and punish the worst forms of child labour listed under Article 3(b) and (c) of the Convention. The Committee notes from the information sent by the Government that this type of offence is extremely rare in Niger and that no such complaints have been filed with the courts.

Clause (d). Hazardous work. Self-employed workers. The Committee pointed out previously that, according to section 99 of the Labour Code, the Code does not apply to work carried on by children outside an enterprise, such as work done by children on their own account. It requested the Government to indicate the measures taken or envisaged to ensure protection for children carrying on an economic activity outside an enterprise, such as work done by the children on their own account. The Committee notes from the information sent by the Government that this matter falls within the remit of several ministries, including the Ministry for the Protection of Children, the Ministry of the Interior and the Ministry of Justice. Consequently, in order to extend protection for children carrying on an economic activity outside an enterprise, formal consultation between these ministries would appear to be necessary. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that discussions on this matter are held with participation by these ministries, and asks it to provide information on the measures taken or envisaged to ensure that children carrying on in an economic activity outside an enterprise, such as work done by children on their own account, are protected against hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 3. Revision of the list of types of hazardous work. In its previous comments, the Committee noted from the information sent by the Government that a draft Decree on hazardous work had been submitted to the competent authorities. It drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which includes a list of the types of work to be taken into account in determining types of hazardous work. The Committee hopes that the Government will soon finalize and adopt the new Decree, following consultation with the organizations of employers and workers concerned. Please provide a copy of the Decree once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that, in the written replies to the Committee on the Rights of the Child (CRC/C/RESP/6, page 13), the Government stated that, according to a survey carried out in 1994 in the regions of Dosso, Tahoua, Maradi and Zinder, 673 children, including 157 girls, lived in the streets in these places and that a survey of 1993 found that more than 600 children lived in the streets in the urban community of Niamey. The Government indicated that, by 2000, these figures had almost quadrupled because of the population’s extreme poverty and that only a few street children in the urban community of Niamey, Maradi, Zinder and Konni receive resettlement care by NGOs and associations, with Government support in some cases. The Committee asked the Government to provide information on effective measures taken to protect street children from the worst forms of child labour. It notes that an ILO/IPEC programme is being implemented to take children off the streets of Dosso-Dosso. The Committee requests the Government to provide information on the results under this programme, indicating in particular the number of children actually withdrawn from the streets. It requests the Government also to provide information on the measures taken to ensure the social rehabilitation and integration of such children.