Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. The Committee takes due note of the measures taken by the Government to follow up the recommendations of the High-level Fact-Finding Mission that took place in Niger from 10 to 20 January 2006 further to the request made by the Conference Committee in June 2005. It notes the following measures in particular:

–           setting up of a National Committee within the Ministry of Labour for combating the vestiges of forced labour and discrimination, drawing up of a National Plan of Action for combating the vestiges of forced labour and discrimination, and implementation of a support programme for combating forced labour and discrimination;

–           setting up of a National Committee within the Ministry for the Promotion of Women and Protection of Children for coordination and monitoring of the national action plan against child trafficking;

–           approval of a National Employment Policy Framework document, which takes account of the social and occupational integration of persons at risk;

–           drawing up of a Support Programme for the Protection of Children in Danger.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted observations by the International Trade Union Confederation (ITUC) alleging the trafficking of girls in Niger for domestic work and sexual exploitation, and trafficking of boys for the purpose of economic exploitation. It also noted that, according to information obtained by the high-level mission, Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub‑Saharan Africa. The Committee also observed that Niger’s geographical location – i.e. the fact that it shares land borders with seven States (Algeria, Benin, Burkina Faso, Chad, Libyan Arab Jamahiriya, Mali and Nigeria) – places the country at the heart of the region’s migratory flows and exposes it to the risk of trafficking, particularly child trafficking, especially as most of the countries with which it shares a land border are themselves affected by trafficking. The Committee also noted that, according to information gathered by the High-level Mission, Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children. The mission report also indicated that the trafficking of women and children between the countries of the subregion has increasingly involved Niger, and that the trafficking networks are fed, especially in Niamey, by young persons recruited mainly in Nigeria, Togo, Benin and Ghana, with the promise of a bright professional future, to carry out tasks which are traditionally regarded as demeaning in Niger (domestic work) or which are prohibited on religious grounds (work in bars or restaurants, etc.).

The Committee previously noted that Niger’s Association for Human Rights had drafted a bill for the prevention, repression and punishment of trafficking in Niger and asked the Government to take the necessary steps to ensure that the bill was adopted as soon as possible. The Committee notes the Government’s statement that the drawing up of the draft bill on the trafficking of children is still under consideration by the competent authorities. The Committee is of the opinion that, in order to combat effectively the worst forms of child labour, especially the sale and trafficking of children, the adoption and application of legislation geared to the problem is essential in addition to the implementation of programmes of action. It reminds the Government that Article 1 of the Convention provides that immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee sincerely hopes that the Government will take the necessary steps to ensure that the draft bill for the prevention, repression and punishment of trafficking in Niger is drawn up and adopted as soon as possible. It requests the Government to supply information on all progress made in this respect.

2. Forced or compulsory labour. Begging. The Committee previously took note of observations by the ITUC to the effect that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years old. During that time, they are entirely under the responsibility of the marabout, who teaches them religion and in return requires them to carry out certain tasks, including begging.

The Committee noted that there are three different forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practised by indigent people. Educational begging is the form practised in Niger in accordance with the Muslim religion as a means of learning humility, for the person practising it, and compassion, for the alms-giver. Lastly, begging that uses children for purely economic ends uses children as a source of labour. The Committee noted that the existence of this third form of begging was acknowledged by those interviewed, including the Government, and that, because this form of begging has its roots in cultural and religious practice, few are shocked to see children exploited in this way. However, in this form of begging children are especially vulnerable since their parents, although concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely dependent on the marabouts. The Committee expressed serious concern at the use of children for purely economic ends by certain marabouts, particularly since, as it would appear from the information gathered by the mission, this form of begging is very much on the increase.

The Committee notes the Government’s information to the effect that a National Monitoring Unit to combat begging has been set up. It also notes with interest that Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice of Niger, addressed to the various judicial authorities, requests that sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age, who engage habitually in begging, who make others beg or who knowingly benefit from begging, be strictly applied by prosecuting without leniency anyone who uses children for begging for purely economic ends. The Committee requests the Government to supply information on the practical application of the national legislation on begging, further to Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice, particularly by indicating whether marabouts who use children for purely economic ends have been convicted, and by providing statistics on the number and nature of contraventions reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to indicate effective and time-bound measures taken to protect children against forced labour and to ensure their rehabilitation and social integration.

Clause (d). Hazardous work. Children working in mines and quarries. In its previous comments, the Committee took note of information from the ITUC to the effect that child labour in small-scale mining (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua and gold in Liptako-Gourma) is widespread, principally in the informal economy where the work is the most hazardous. The Committee noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 prohibited the employment of children in underground work in mines.

The Committee noted, from the information gathered by the High-level Mission that hazardous work by children, particularly in mines and quarries, existed in informal locations. The Committee noted the Government’s statement that, when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and that, in some cases, the children carry out small tasks for their parents. The Committee noted, however, that according to various interviews carried out during the mission, the children do more than simply accompany their parents, becoming involved in the chain of production, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or, in some cases, tasks that are physically hazardous for more than eight hours a day, every day of the week, running the risk of accident or disease. The Committee pointed out in this connection that there is a difference between the child labour prohibited by ILO Conventions and the small tasks that children may carry out in the family environment which may be regarded as playing a major role in the child’s socialization. The Committee expressed concern at the use of child labour in hazardous work, particularly in mines and quarries, in the informal sector. It observed that Niger, like many other developing countries, is affected by child labour because of the poverty of the population and the expansion of the informal economy to the detriment of the formal sector.

The Committee notes with interest the Government’s statement that the Minister of the Interior, acting on the instructions of the Prime Minister, has issued a circular letter strictly prohibiting the employment of children in the mines and quarries of the areas concerned, namely Tillabéri, Tahoua and Agadez. The Minister for Mining has received directives for taking account of this ban in the drawing up of mining agreements. The Committee requests the Government to provide information on the implementation of the circular letter from the Minister of the Interior, particularly by indicating whether steps have been taken to ensure that the national legislation to protect children against underground work in mines is also applied to informal mining and quarrying, and by providing statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted the information in the mission report that site visits revealed that the labour inspectorate, which plays a key role in combating child labour and forced labour, is severely lacking in both the human and material resources needed to perform its duties. The mission recommended a labour inspection audit to ascertain the exact nature and extent of the inspectorate’s needs in Niger. While noting that action has been taken to boost labour inspection resources for combating child labour, the Committee notes that the Government does not provide any information on this subject in its report. With reference to its observation under the Labour Inspection Convention, 1947 (No. 81), the Committee hopes that the Government will take the necessary steps to implement the mission’s recommendation. It requests the Government to send information on this matter.

2. Youth Protection Unit. The Committee notes the Government’s information that a Youth Protection Unit has been set up within the national police force. It requests the Government to supply information on the activities of this unit, especially with regard to the protection of children under 18 years of age against trafficking and forced begging.

Article 6. Programme of action. The Committee notes the Government’s information to the effect that a National Plan of Action against the trafficking of children has been drawn up. It requests the Government to send a copy of this plan of action and provide information on the implementation thereof, especially the results achieved in terms of the elimination of trafficking of children in the country.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that, in June 2005, the Government representative informed the Conference Committee that, notwithstanding government efforts in the legal sphere, the economic situation did not always allow standards to be applied effectively. The Committee observed that the mission report revealed that it is difficult to apply the law on forced labour and the exploitation of children for economic and sexual purposes. Noting the lack of information in the Government’s report, it reminds the Government that, according to Article 7, paragraph 1, of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including by laying down and imposing penal sanctions or, if appropriate, other sanctions. The Committee urges the Government to take the necessary steps to ensure that persons who engage in the sale and trafficking of persons, forced begging by children and the use of children in hazardous work, particularly in mines and quarries, are prosecuted and incur penalties that are sufficiently effective and dissuasive.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the working of the education system. In its previous comments, the Committee noted that the mission report showed that underlying the problem of child labour is the problem of children’s access to education and training that meets the needs of the labour market. Moreover, despite the Government’s endeavours in the area of education and its attempts to attain the objective of providing all children, boys and girls, with the means to complete a full primary education cycle by 2015, the situation is still unsatisfactory. The Mission also indicated that parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger. The Committee noted in this respect that the education dispensed by Muslim religious teachers leads to no diploma, which limits the children’s potential for entering the labour market in the future. The Committee expressed deep concern at the low school enrolment rate and the extent of illiteracy. It noted the Mission’s recommendation to the effect that the working of the education system needs to be improved to ensure access for all to high-standard education. The Committee also noted that the Government was considering the possibility of integrating the Muslim religious schools into the national education system, which would make for better supervision both of the teachers and of the education provided.

The Committee notes the information in the Government’s report concerning the increase in primary school enrolments, especially among girls. It also notes that the number of classrooms in rural areas has increased. Moreover, the Committee notes that, according to the Government’s report on statistics for basic education for 2005–06, the net school attendance rates for children between 7 and 12 years of age is 54.1 per cent for boys and 37.8 per cent for girls, with an average figure of 45.8 per cent. It observes that, according to UNESCO information for 2005, the school attendance rate at primary level is 46 per cent for boys and 33 per cent for girls, and 9 per cent for boys and 6 per cent for girls at secondary level. With regard to the Muslim religious schools, the Committee duly notes the Government’s information that, in the context of the Franco–Arab education support project, measures for restructuring the schools have been taken, including taking a census of the schools (of which there were 50,000 in 2000); training the Muslim religious teachers in teacher–pupil relations; and revising the teaching programme by introducing new subjects such as grammar, language, and vocational training activities (sewing, dyeing and woodworking). In view of the fact that education helps to prevent the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, especially by increasing the school attendance rate and reducing the school drop-out rate, and also by taking steps to integrate the Muslim religious schools into the national education system. It requests the Government to provide information on the results achieved.

2. Informing and educating the public about the problems of child labour and forced labour. The Committee noted that, in its report, the Mission recommended measures to raise awareness and educate the public about the problems of child labour and forced labour, taking account of the gender dimension, because they affect the two sexes differently and because experience has shown that if women (mothers) are made aware, the impact on development is greater. It also noted the Mission’s suggestion that specific measures to raise awareness among teachers of the Koran and parents should be undertaken to prevent the use of begging by certain marabouts. The Committee notes the Government’s statement that it has conducted information and training campaigns among those involved in fighting the problem of child labour and its worst forms, including political decision-makers, employers, community leaders and traditional chiefs, police officers, magistrates, current or potential child workers and their parents, teachers, students and the general public. The Committee encourages the Government to pursue its efforts of sensitization to inform people of the dangers of child labour and its worst forms, by cooperating with the various government agencies, civil society in general and traditional chiefs.

3. Project in small-scale gold mines in West Africa. In its previous comments, the Committee noted that Niger is taking part in the ILO/IPEC project to “Prevent and eliminate child labour in small-scale gold mines in West Africa”, in which the other participants are Burkina Faso and Mali, for three years from 2006. It asked the Government to provide information on the results achieved following the implementation of the project. The Committee notes that, according to the information in the ILO/IPEC activity reports for 2007, approximately 280 children (165 boys and 115 girls) have actually been prevented from being engaged in hazardous work in small-scale gold mines. The Committee requests the Government to supply information on the implementation of the project and also on the results achieved at the end of the project in terms of the actual numbers of children prevented from being engaged in this worst form of child labour.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. With reference to its previous comments on the ILO/IPEC project to “Prevent and eliminate child labour in small-scale gold mines in West Africa”, the Committee notes that, according to the information in the ILO/IPEC activity reports on the project for 2007, more than 400 children, 45 per cent of whom are girls, have benefited directly from the activities of the project. It also notes that several action programmes on education and vocational training, with a view to removing children involved in gold-washing from small-scale mines, have been implemented. The Committee requests the Government to provide information on the number of children who will actually be removed from small-scale gold mines further to the implementation of the ILO/IPEC project and the action programmes on education and vocational training. It also requests the Government to supply information on the results achieved through the implementation of these programmes to ensure the rehabilitation and social integration of these children.

Article 8. Cooperation. 1. Regional and international cooperation. With reference to its previous comments, the Committee notes that, apart from signing the Multilateral Cooperation Agreement to combat child trafficking in West Africa in July 2005, Niger also signed the Abuja Multilateral Cooperation Agreement in 2006. It also duly notes the Government’s indication that it signed a bilateral agreement with Nigeria for the setting up of a joint border surveillance unit. The Committee requests the Government to indicate whether, in the context of the implementation of these agreements with the other signatory countries, child victims of trafficking have been detected and intercepted in the border areas, and whether any persons involved in child trafficking networks have been apprehended and arrested.

2. Poverty reduction. With reference to its previous comments, in which it noted the statement that the High-level Mission recommended that, in order to combat poverty, the creation of decent and productive jobs must be at the core of any poverty reduction policy, the Committee duly notes that the Government has drawn up a new economic, financial and social policy framework entitled “Fast‑track development and poverty reduction strategy (2008–12)” (SDARP). The Committee requests the Government to provide information on the SDARP, particularly as regards the effective reduction of poverty among children engaged in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, in its report, the High-level Mission referred to a lack of reliable data for quantifying accurately the extent and characteristics of the problem of child labour. It noted that studies were under way and asked the Government to provide information on their results. The Committee notes the Government’s statement that the following studies are being conducted in the country: study on the state of children’s education for the 6–18 age group conducted by a consortium of NGOs; study on child labour in gold washing in Niger conducted by the National Institute of Statistics (INS) in collaboration with the ILO/IPEC project on mining in West Africa; basic study on forced labour and child labour in Niger conducted by the National Committee on Human Rights and Fundamental Freedoms; and the national study on child labour in Niger conducted by the INS in collaboration with ILO/IPEC and in partnership with a consortium of NGOs. The Committee requests the Government, once the studies are completed, to supply statistical data and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. The information supplied should, as far as possible, be disaggregated by sex.

The Committee is also raising a number of other points in a direct request to the Government.