Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Niger (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, according to the information obtained by the high-level fact-finding mission conducted in 2005 (the Mission), “Niger is certainly a transit country, since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa”, and that “Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children”. The Committee noted the adoption of Ordinance No. 2010-086 of 16 December 2010 on action to combat trafficking in persons in Niger, which is a comprehensive law prohibiting all forms of sale and trafficking and providing for penalties of imprisonment of from ten to 30 years in cases where the victim is a child. The Committee noted that the National Commission to Coordinate Action against Trafficking in Persons (CNLTP) and the National Agency to Combat Trafficking in Persons (ANLTP) were established to design and implement national programmes, strategies and plans to combat trafficking in persons.

The Committee notes the Government’s indication that a National Plan of Action to Combat Trafficking in Persons has been adopted by Decree No. 488/PRN/MJ of 22 July 2014, the implementation of which will be ensured by the ANLTP between 2014 and 2019. It also notes the activities carried out by the ANLTP, including the organization of training for the media, the holding of a mobilization day against trafficking, a televised debate, advocacy meetings with the Vice-President and technical and financial partners and awareness-raising missions in local areas. The Government also indicates that the phenomenon of trafficking is a problem with fairly deep roots in the areas visited. It adds that the communities are aware of the danger represented by trafficking, but that extreme poverty and the lack of education are pushing families increasingly to engage in this practice, particularly in the form of begging. The Committee also notes the high court statistics provided by the Government and observes with concern the low number of persons prosecuted. It also observes that the Government’s report remains silent on the specific measures adopted to combat the impunity of those engaging in the trafficking of children under 18 years of age. Finally, the Committee notes that, in its report submitted under the Forced Labour Convention, 1930 (No. 29), the Government indicates that Ordinance No. 2010 086 is under revision with a view to resolving the shortcomings relating to the protection of victims of trafficking. The Government urges the Government to provide information on the application in practice of Ordinance No. 2010-086 on action to combat trafficking in persons, including statistics on the number and nature of the offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed in cases of child victims of trafficking. The Committee also urges the Government to take the necessary measures to ensure the implementation of the National Plan of Action to Combat Trafficking in Persons, particularly with regard to the protection of children under 18 years of age. Finally, the Committee requests the Government to continue providing information on the activities carried out by the CNLTP and the ANLTP, particularly with regard to action to combat trafficking in children under 18 years of age.

Article 6. Programmes of action. The Committee previously noted that a National Plan of Action (NAP) to Combat Child Labour and a National Plan of Action to Combat the Sexual Exploitation of Children had been drawn up. The Government indicated that the National Plan of Action to Combat the Sexual Exploitation of Children had been validated in a national workshop and was due to be adopted by the Government.

The Committee notes the Government’s indication that the National Plan of Action to Combat Child Labour is being finalized and that a national workshop to prepare the logical framework is being organized. However, the Government’s report remains silent on the National Plan of Action to Combat the Sexual Exploitation of Children. The Committee therefore once again requests the Government to take the necessary measures to accelerate the adoption of the NAP and the National Plan of Action to Combat the Sexual Exploitation of Children, as a matter of urgency. It once again requests the Government to provide copies of the two plans of action when they have been adopted.

Articles 7(1) and 8. Penalties and regional cooperation. The Committee noted previously that, following the implementation of various cooperation agreements to combat trafficking in children, Niger established 30 vigilance committees and proceeded to generalize joint mobile brigades on all national frontiers. The Government added that child victims of trafficking had been intercepted in frontier areas. However, the Committee notes the Government’s indication that those presumed guilty were released by the police for lack of legal proof.

The Committee notes with regret that the Government has not provided any further information in its report on the interception of child victims of trafficking or the prosecution of those who have committed this crime since 2009. Recalling that, under Article 7(1) of the Convention, the Government is under the obligation to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, as a matter of urgency, the Committee once again urges the Government to take the necessary measures to ensure that persons involved in the trafficking of children are prosecuted and that sufficiently effective and dissuasive sanctions are imposed upon them, in the context of the agreements concluded with other signatory countries.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free and universal basic education. In its previous comments, the Committee noted that, in the context of the Franco–Arab Support Project, measures had been taken for the restructuring of Koranic schools. The Committee noted that the Ten-year Education Development Programme (PDDE) had been adopted with the aim of increasing school attendance. However, the Committee noted that, according to the National Survey of Child Labour in Niger of 2009 (ENTE), only 39 per cent of girls between the ages of 7 and 17 years who are engaged in a type of work that is to be abolished attend school, compared with 47 per cent of boys. The ENTE also shows that, among children compelled to perform types of work that are to be abolished, 57.2 per cent do not attend school. The failure to attend school is of greater concern among children between the ages of 14 and 17 who are engaged in hazardous types of work, 80.9 per cent of whom do not attend school. With regard to school drop-outs, 21.4 per cent of children between the ages of 7 and 17 years engaged in types of work that are to be abolished have dropped out of school, of whom 36.5 per cent of children between the ages of 14 and 17 years are engaged in hazardous types of work.

The Committee notes the Government’s indications that the education budget is a priority and varies between 25 and 30 per cent of the national budget, according to the year, of which 67 per cent is allocated to primary education. The Government adds that the implementation of the PDDE has resulted in a positive net change, particularly with regard to the specific situation of girls. It indicates that the number of girls and boys attending basic primary school multiplied by three between 2003 and 2013, and that school attendance rates have also increased. It adds that additional support measures (canteens, grants, local projects) have been implemented and that focal points responsible for school attendance by girls have been appointed in all general directorates and inspectorates of primary and secondary education. The Committee also notes that a national strategy to increase and maintain girls at school has been validated by the Ministry of Education with the aim of reducing disparities in access to basic education. The Government adds that policies intended to improve school attendance by girls will be given a framework through the adoption of legislation to protect young girls at school.

With regard to Koranic schools, the Committee notes the data provided by the Ministry of Primary Education, Literacy and the Promotion of National Languages, according to which the number of Koranic schools is estimated at 50,000, with a total of around 340,000 pupils. Ten renovated Koranic schools are operational in all the regions of the country. The Government indicates that in Niger, the system of Koranic schools is not in competition with the formal system, as 35 per cent of the students are in both systems at the same time. It adds that the measures advocated in the context of the development of Koranic schools are reinforced by the preparation of a support programme for high-quality education, supported by the Global Partnership for Education.

While noting this information, the Committee observes that, according to the UNICEF Annual Report 2013, the Bill to protect girls at school adopted by the Council of Ministers in 2012 has not been approved by Parliament. UNICEF observes that this blockage is due to pressure from several religious groups, which demonstrated against the Bill adopted by the Council of Ministers. The Committee also notes that, according to the analysis prepared jointly by the Government and UNICEF in 2013 of the situation of children and women in Niger, based on an equity and human rights approach, girls, children in rural areas in the regions of Diffa, Zinder, Tillabéry and Tahoua and children in poor families are still the most underprivileged in relation to access to education (page 34). According to the same report, improving the quality of education is a major challenge in Niger. With reference in this respect to the data of the Ministry of National Education, UNICEF indicates that in the CM2 class, only 25 per cent of students reach the minimum standards in French and mathematics, and 2 per cent achieve the desired outcomes (page 2). The Committee also notes that, according to the report Education for all 2000–15: Achievements and challenges (2015), UNESCO observes that in 2012 over 70 per cent of the poorest girls had never been enrolled in primary education, compared with fewer than 20 per cent of the richest boys (page 158). Finally, the Committee notes the 2013 UNESCO estimates, according to which the school enrolment rate in primary education is 63.5 per cent (58 per cent for girls and 68.7 per cent for boys). The gross school enrolment rate in secondary education is still very low at 18.3 per cent (14.9 per cent for girls and 21.7 for boys). The Committee once again expresses its deep concern at the low school attendance rates for children who are compelled to work and the major gender disparities in access to education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to improve the functioning of the education system, taking into account the special situation of girls. In this respect, it also requests the Government to ensure an increase in school enrolment rates and a reduction in school drop-out rates, and to adopt other measures for the integration of Koranic schools into the national education system. The Committee requests the Government to provide updated information on the results achieved.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the allegations of the International Trade Union Confederation (ITUC) that the use of children in gold, salt and gypsum mines and other forms of extraction persists and that the working conditions are deplorable. The Committee notes the results of the implementation of the ILO–IPEC project for the prevention and elimination of child labour in artisanal gold-mining in West Africa, with an indication of the number of children removed and placed in school.

The Committee notes that the Government’s report is silent on the new measures adopted to remove, rehabilitate and socially integrate children under 18 years of age working in mines, following the closure of the ILO–IPEC project. The Committee therefore strongly encourages the Government to continue taking measures for the removal of children under 18 years of age from these mines and for their rehabilitation and social integration. It requests the Government to provide information on the progress achieved in this regard.