Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Forced recruitment of children with a view to their use in armed conflict. In its previous comments, the Committee noted that article 28 of the Constitution provides that the defence of the nation and of the territorial integrity of the Republic is a sacred duty of all citizens of Niger, that military service is compulsory and that the conditions under which it is performed are to be determined by law. It further noted that military service in general is governed by Ordinance No. 96-033 of 19 June 1996.

The Committee notes that section 1 of Ordinance No. 96-033 provides that national service is an obligation for all citizens of Niger of both sexes up to the age of 50 years. Furthermore, section 6 of the Ordinance provides that individuals who acquire the nationality of Niger shall be subject to national service and that, if they have acquired the nationality of Niger before the age of 18, they shall follow the normal trajectory of their age group. The Committee accordingly observes that there does not appear to be a minimum age in Niger for the recruitment of children in armed conflicts. In this respect, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 18 June 2009, expressed concern that the minimum age for voluntary or compulsory recruitment in the army is not specified by law and that children as young as 13 years old can enrol in the military school of Niamey and be taught basic handling of firearms (CRC/C/NER/CO/2, paragraph 68). The Committee requests the Government to take immediate measures to ensure that the national legislation prohibits the recruitment of children under 18 years of age for use in armed conflict, in accordance with Article 3(a) of the Convention.

Clause (d). Hazardous types of work. Self-employed workers. The Committee noted previously that, under the terms of section 99, the Labour Code does not apply to work performed by children outside an enterprise, including work by children on their own account. In this respect, it noted the information provided by the Government that this matter lies within the competence of a number of ministries, including the Ministry of Child Protection, the Ministry of the Interior and the Ministry of Justice, and that formal consultation between these ministries appears necessary to extend the protection afforded to children to those performing an economic activity outside an enterprise.

The Committee notes that, according to the technical progress report of 15 September 2009 for the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mines in West Africa, the review and amendment of the list of hazardous types of work took place at a workshop held in Ayorou on 2 and 3 July 2009. In this regard, the Committee notes the Government’s indication that the list was drawn up by the Ministry of Labour, in collaboration with the technical ministries and employers’ and workers’ organizations. The Government adds that it will provide the Office with full information on this list once it has been adopted. The Committee hopes that the amended list of hazardous types of work will have the effect of protecting children engaged in an economic activity on their own account and requests the Government to provide a copy of the list once it has been adopted.

Article 6. Programmes of action. The Committee previously noted the information provided by the Government that a National Action Plan (NAP) to combat child labour and a National Action Plan to combat the sexual exploitation of children had been drawn up. The Committee notes that, according to the document entitled “Preparatory study for the formulation of a national action plan to combat the worst forms of child labour in Niger”, the NAP to combat child labour will supplement and reinforce the policy approved in Abuja in 2007 at the meeting of experts of the Economic Community of West African States, with a view to the abolition of child labour and the immediate elimination of its worst forms. According to the same document, the NAP will be implemented between 2010 and 2015 and targets the following areas: agricultural work, work in mines, forced labour, domestic work, the trafficking and exploitation of children, prostitution and begging. It notes the Government’s indication that it will provide a copy of the NAP to combat child labour in Niger. The Committee requests the Government to provide information on the implementation and impact of the NAP to combat child labour, 2010–15, and of the National Action Plan to combat the commercial sexual exploitation of children. It also requests the Government to provide a copy of these two plans of action along with its next report.

Article 7(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 its written replies to the CRC (CRC/C/Q/NIG/1, page 13), the Government indicated that, according to a study conducted in 1994 in the regions of Dosso, Tahoua, Maradi and Zinder, 673 children, including 157 girls, were living on the streets in these localities, while a 1993 study revealed that over 600 children were living on the streets in the urban community of Niamey. The Government added that in 2000 these figures had almost quadrupled, in view of the situation of extreme poverty of the population, and that only a few street children from the urban communities of Niamey, Maradi, Zinder and Konni were receiving assistance with a view to their rehabilitation from NGOs and associations, some of which are supported by the State. The Committee noted with interest the establishment, by Order No. 09/MPF/PE of 30 April 2007, of a National Committee to Combat the Phenomenon of Street Children under the Ministry for the Promotion of Women and Child Protection, which acts as a forum for reflection and action to combat the phenomenon of street children. The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 72), the CRC expressed concern at the number of children begging on the streets. Noting the absence of information in the Government’s report on this subject, the Committee once again requests it to provide information on the measures taken by the National Committee to remove children under the age of 18 years from the streets and to ensure their rehabilitation and social integration. It also once again requests the Government to provide information on the results achieved.

Article 8. Poverty reduction. The Committee previously noted the recommendation of the High-level Fact-finding Mission that, with a view to combating poverty, the creation of decent and productive jobs has to be at the core of any poverty reduction policy. The Committee took due note of the fact that the Government had drawn up a new economic, financial and social policy framework entitled the “Accelerated Development and Poverty Reduction Strategy (2008–12)” (SDARP). Noting that the Government has not provided any information on this subject, the Committee once again requests it to provide information on the impact of the SDARP, particularly with regard to the effective reduction of poverty among victims of the worst forms of child labour.