Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C182

Observation

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The Committee notes the observations of the Confederation of Labour of Niger (CNT), received on 4 April 2018.

Articles 3(a) and 6 of the Convention. All forms of slavery and practices similar to slavery and programmes of action to eliminate the worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, according to the Government, the phenomenon of trafficking was a problem in Niger and that, according to the information obtained by the high-level fact-finding mission conducted in 2006, Niger is certainly a transit country, 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 combating trafficking in persons in Niger, which prohibits all forms of sale and trafficking and establishes prison sentences 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) had been established to design and implement national programmes, strategies and plans to combat trafficking in persons. A National Plan of Action to Combat Trafficking in Persons had been adopted by Decree No. 488/PRN/MJ of 22 July 2014, the implementation of which was to be ensured by the ANLTP between 2014 and 2019. The Committee also noted that the ANLTP had organized training and awareness-raising sessions to combat trafficking in persons. It noted with concern the low number of prosecutions and sanctions for persons engaging in the trafficking of children under 18 years of age.

The Committee notes that, according to the information provided by the ANLTP under the Forced Labour Convention, 1930 (No. 29), the capacities of labour inspectors will be strengthened so that they are able to better detect cases of trafficking through the exploitation of forced or compulsory labour, and the fourth national day of mobilization against trafficking will focus on the trafficking of children for purposes of prostitution, begging and forced labour. The ANTLP also indicates that training and awareness-raising activities have been developed for law enforcement officials and actors involved in protection, assistance and care for victims of trafficking. The Minister of Justice indicated at a round table on the Plan of Action to Combat Trafficking in Persons and the Smuggling of Migrants that the Plan would be based on six strategic areas, including: (i) strengthening measures to prevent trafficking; (ii) care for victims; and (iii) strengthening cooperation.

The Committee observes that the United Nations Deputy High Commissioner for Human Rights is concerned about the continued existence of trafficking in children (A/HRC/WG.6/24/NER/2, paragraph 27). The Committee on the Elimination of Discrimination against Women (CEDAW/C/NER/CO/3-4, paragraph 24) and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW/C/NER/CO/R.1, paragraph 52) are also concerned about the persistence of trafficking in persons in Niger, including for purposes of sexual exploitation and forced labour. The Committee on the Elimination of Discrimination against Women also expresses concern over the low prosecution and conviction rates in cases of trafficking in women and girls. The Committee notes the data of the Statistics Directorate of the Ministry of Justice provided by the Government, and once again notes the low number of persons prosecuted. The Government indicates, in its second periodic report to the Human Rights Committee of 23 March 2018, that Niger is a country of origin, transit and destination for human trafficking. It emphasizes that trafficking in women and children is becoming increasingly widespread in Niger and includes national and transnational trafficking for purposes of exploitation in domestic services and commercial sexual exploitation (CCPR/C/NER/2, paragraph 98). In its report to the Committee on the Rights of the Child of July 2018 on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Government indicates that, according to the judicial statistics for 2015, the number of victims of trafficking for purposes, inter alia, of sale, prostitution, forced labour or pornography is 687, 48.5 per cent of whom are minor girls. According to the International Organisation for Migration (IOM), out of the 107 victims of trafficking that it assisted in Niger between January and September 2017, of whom 60 per cent were children, more than half of them said that they had been subjected to forced begging and over 30 per cent of whom said that they had been sexually exploited. The Committee notes with deep concern the extent of trafficking, particularly of children, in the country, and the low number of persons prosecuted. The Committee urges the Government to take immediate measures to ensure the effective implementation, in practice, of Ordinance No. 2010-086 on combating trafficking in persons in Niger and to provide, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of child victims of trafficking. Moreover, the Committee urges the Government to take the necessary measures to ensure the implementation of the National Plan of Action to Combat Trafficking in Persons, in particular in relation to the protection of children under 18 years of age. Lastly, the Committee requests the Government to continue to provide information on the activities undertaken by the CNLTP and the ANLTP, including training activities for law enforcement officials, prosecutors and judges.

Articles 3 and 7(1). Sanctions. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory labour. Begging. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) that children are forced to beg in West Africa, including in Niger. For economic and religious reasons, many families entrust their children as from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until the age of 15 or 16 years (talibé children). During this period, the marabout has total control over the children and teaches them religion in exchange for the performance of various tasks, including begging. The Committee noted that the ANLTP had implemented a number of strategies to combat begging, including campaigns to raise the awareness of the public, local and customary authorities and marabouts, as well as training for community media, prosecutors and officers of the judicial police. The Government indicated that it had conducted an operation that involved returning persons found begging in public areas to their villages following their identification and facilitating their social and vocational reintegration. The Committee noted with concern that, although sections 179, 181 and 182 of the Penal Code punish any person who asks minors under 18 years of age to beg or who knowingly profits from such begging, the Government did not refer to any convictions of marabouts exploiting children for purely economic purposes.

The Committee notes the CNT’s indication that the Government is not managing to enforce sections 179, 181 and 182 of the Penal Code on begging. The Committee notes the Government’s indication, in its report, that a National Forum on Begging took place in December 2015 with a view to combating the phenomenon. The Government adds that several training sessions on the rights of the child have been held to strengthen the capacity of defence and security forces. The Committee nevertheless once again notes with concern that the statistics provided by the Government still do not show any conviction of marabouts who have used children for purely economic purposes. The Committee recalls that, under Article 7(1) of the Convention, the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention including the application of penal sanctions. The Committee therefore once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed upon marabouts who use children under 18 years of age for purely economic purposes. In this regard, the Committee requests the Government to continue to take the necessary measures to strengthen the capacities of law enforcement bodies. The Committee also requests the Government to continue to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify talibé children who are compelled to engage in begging, remove them from such situations and ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the progress achieved in this respect.

Clause (d) and Article 4(1). Hazardous work and the determination of hazardous types of work. In its previous comments, the Committee noted the existence of child labour, including children engaged in hazardous types of work, particularly in mines and quarries, at informal sites, where young children accompanied their parents and were involved in the production chain, in gypsum mines and in salt quarries, sometimes performing small tasks to assist their parents’ work on site or, in some cases, performing physically dangerous tasks, for more than eight hours a day, every day of the week, running the risk of accident or disease. 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 and that the Minister of the Interior had prohibited the employment of children in mines and quarries in the areas concerned, namely Tillaberi, Tahoua and Agadez, by means of a circular. It nevertheless noted that no convictions in this area had been secured. The Government indicated that the new regulatory component of the Labour Code was under discussion and would take into account the issue of reviewing and amending the list of hazardous types of work. The Committee requested the Government to adopt the revised list of hazardous types of work, by extending the protection of the Convention to children working in mines in the informal sector.

The Committee notes with satisfaction that Decree No. 2017 682 PRN/MET/PS on the regulatory component of the Labour Code, adopted on 18 August 2017, contains a revised list of dangerous types of work prohibited for children under 18 years of age, including a prohibition on employing children under 18 years of age in gold panning and other artisanal mining. The Committee observes that, in its concluding observations of 4 June 2018, the Committee on Economic, Social and Cultural Rights expresses concerns at the number of children who are economically exploited in mines, often in hazardous conditions (E/C.12/NER/CO/1, paragraph 46). The Committee urges the Government to take immediate measures to ensure the effective implementation of the national legislation protecting children against underground work in mines and against work in gold panning and other artisanal mining, and to provide information on the progress achieved in this regard.

Article 6 of the Convention. Programmes of action. Plan of action to combat the sexual exploitation of children. The Committee previously noted that a National Plan of Action to Combat the Sexual Exploitation of Children was due to be adopted by the Government. The Committee once again notes the absence of information from the Government in this regard, even though the Plan was drawn up in 2007. It notes the Government’s indication that several associations conduct activities to combat the sexual exploitation of children for commercial purposes in Niamey and in the regions of Tillaberi and Dosso. The Committee urges the Government to step up its efforts to combat the sexual exploitation of children and to expedite the adoption of the National Plan of Action to Combat the Sexual Exploitation of Children, as a matter of urgency. It requests the Government to provide a copy of this Plan when it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child had expressed concern at the number of children begging in the streets. It noted the Government’s indications that a Framework Document on Child Protection (DCPE) had been adopted in 2013, and that Judicial and Preventive Education Services (SEJUPs) had been established to place street children with host families further to an ordinance issued by a judge. The Committee nevertheless noted that, according to the Special Rapporteur on contemporary forms of slavery, SEJUPs appear to be scarce and unsuitable for street children, who number more than 11,000.

The Committee notes that, according to the Government, the “Protection of street children” project, developed by SEJUPs in partnership with UNICEF and the NGO Save the Children, has led to the placement of 200 street children between December 2011 and February 2013. As of 31 October 2015, 236 children had been removed from the streets, some of whom had received medical and psychological care and lessons in literacy. The Government also carried out actions to raise awareness of the issue of street children. It adds that SEJUPs have been replaced by Centres for the Prevention, Promotion and Protection of Persons (CEPPPs), particularly women and children, but that their effective implementation is compromised by the lack of human resources. The Government indicates in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the CEPPPs will provide, inter alia, protection and direct assistance to persons, especially children and women, affected by violence or who find themselves in a situation of vulnerability. Moreover, the National Child Protection Programme 2014–19, developed in the framework of the DCPE, provides for the assistance, rehabilitation and reintegration of more than 250,000 vulnerable children, including street children. The Committee recalls that children in street situations are particularly vulnerable to the worst forms of child labour, and requests the Government to continue its efforts to protect them from such labour and to ensure their rehabilitation and reintegration in a targeted manner. It requests the Government to provide specific information on the results achieved in this regard, particularly in the framework of the National Child Protection Programme 2014–19 and the implementation of the CEPPPs.

2. Children in domestic work. The Committee previously noted that, according to the Special Rapporteur on contemporary forms of slavery, 58.2 per cent of economically active children are child domestic workers, 65.5 per cent of whom are between 5 and 11 years of age. These children, who are primarily girls who leave the country for the city in order to escape poverty, are frequently subjected to physical, verbal and sexual violence, as well as discrimination; are paid very little, if anything; work long hours; may find themselves physically and socially isolated; and are not entitled to either weekly rest or holidays.

The Committee notes that, in its report attached to the Government’s report under the Forced Labour Convention, 1930 (No. 29), the ANLTP indicates that awareness-raising activities, including on the domestic work performed by children, have been organized. The Committee observes that the statistics provided by the Government do not refer to any child victims of domestic servitude. Considering that child domestic workers are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to take effective and time-bound measures to protect children engaged in domestic work from the worst forms of child labour, to provide the necessary direct assistance for their removal from child labour and to ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.