Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Niger (RATIFICATION: 1964)

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Parts I and II of the Convention. Articles 2–5. Improvement of standards of living. The Committee notes the information provided by the Government of the Niger in reply to its direct request of 2014. In its report, the Government refers to the adoption of Act No. 2018-22 of 27 April 2018 setting out the basic principles of social protection. The Committee notes with interest the adoption of this Act, which aims to guarantee social protection for persons actually or potentially at risk, in accordance with the national social protection policy, ensuring “the full enjoyment of their basic human rights”. The Committee notes that the Act provides for and guarantees, firstly, the access of this part of the population to healthy, balanced and adequate nutrition (section 7), secondly, their access to education in decent conditions and the right to lifelong and inclusive training education (section 8) and, lastly, their right to social security coverage with free medical and healthcare (section 19). The Committee notes that, for the population in general, the Government has also implemented various programmes with a view to reducing disparities in living standards between regions, particularly the implementation of a system of social safety nets in the five poorest regions of the country. The Committee further notes the deployment of several programmes designed to improve the quality of life of the population by leveraging different mechanisms to prevent situations of food and nutrition insecurity and crisis, and guarantee the long-term access of the population to affordable food and sources of drinking water. In particular, the Committee notes the progress made by Niger with regard to health, including the reduction in maternal mortality (which fell from 648 per 100,000 live births in 2012 to 553 per 100,000 live births in 2015, according to the World Factbook), and infant mortality (which fell from 198 per 1,000 live births in 2006 to 114 per 1,000 live births in 2015). The Committee also notes the progress made with regard to drinking water, demonstrated, inter alia, by the improved rate of access to drinking water, which, in 2014, reached 88.75 per cent in urban areas and 77.1 per cent in rural areas. The Committee notes the adoption in 2014 of the Operational Strategy for the Promotion of Hygiene and Sanitation (SOPHAB), which led to the construction of basic sanitation infrastructure (18,941 household latrines, 2,221 public and school latrines, and 1,385 water facilities were constructed in 2015, benefiting 1,005 villages and 513,932 people). The Committee also notes the information provided by the Government on the results achieved through the implementation of the Accelerated Development and Poverty Reduction Strategy (SDRP 2008–12), which is directed to the well-being and development of the population and to the promotion of its desire for social progress. The Committee also notes the adoption of the Niger’s Vision for 2035, as reflected in the Sustainable Development and Inclusive Growth Strategy (SSDDCI – 2035) and the Economic and Social Development Plan (PDES 2017–2021), which aims, inter alia, to ensure food and nutritional security, develop communication and energy infrastructure, develop the social sectors of education and health and promote youth employment (Article 1). However, the Committee notes that the Government has not provided specific information in response to its direct request of 2017 regarding the impact of the implementation of the Decent Work Country Programme 2012–15 regarding living conditions in rural areas, productive capacity and improving standards of living of workers in the informal economy (Articles 3 and 4 of the Convention). The Committee requests the Government to provide detailed and updated information, including statistics disaggregated by sex, age and region, regarding the results achieved in reducing regional disparities and improving the standards of living of the population, including workers in rural areas and those working in the informal economy. The Committee also requests the Government to provide information on the application of Act No. 2018-22 of 27 April 2018, particularly regarding young persons and persons with disabilities, and provide a copy of that Act to the Office.

Part III of the Convention. Articles 6–9. Provisions concerning migrant workers. The Committee notes the Niger’s participation in the Valetta Summit on Migration, held in Malta in November 2015, with the aim of identifying adequate solutions to the problem of irregular migration in recent years, particularly of women and children to Algeria and young persons to Libya, which exposes them to the risk of exploitation. In this context, the Government refers to the establishment of an interministerial committee tasked with formulating a national policy on migration for Niger by Order No. 235/MI/SP/D of 13 July 2007. The Government also reports the conclusion of an agreement with Saudi Arabia guaranteeing a minimum set of rights for workers from the Niger in Saudi Arabia (access to vocational guidance and training, minimum age for admission to employment, employment of women, trade union membership and collective bargaining, remuneration, working hours, rest periods, paid leave, occupational safety and health measures, apprenticeship and training). However, the Government indicates that this agreement has been suspended for almost a year by the Government of the Niger due to the failure of the Saudi Arabian Government to comply with certain clauses. The Committee requests the Government to provide information on the progress made regarding the development and adoption of the “National Migration Policy of the Niger”, and to provide a copy of this text once it is adopted. The Committee also requests the Government to indicate whether the migration agreement concluded with Saudi Arabia provides for migrant workers to enjoy protection and advantages not less than those enjoyed by workers resident in the Niger, as well as facilities for enabling migrant workers to transfer part of their wages and savings to their homes, and whether the Government has concluded other agreements of this type (Article 8). The Committee also invites the Government to indicate the measures taken to ensure that the conditions of migrant workers living away from their homes take account of their normal family needs (Article 6).

Part IV. Remuneration of workers. Advances on wages. The Committee notes the information provided by the Government regarding the practical implementation and transposition into national law of Articles 10 and 11 of the Convention. The Committee invites the Government to indicate the measures taken or envisaged: to ensure that the employers and workers concerned are informed of the minimum wage rates in force and that wages are not paid at less than these rates in cases where they are applicable (Article 10(3)); to guarantee that wages are paid regularly at such intervals as will lessen the likelihood of indebtedness among the wage earners (Article 11(6)); and to inform the workers of their wage rights, to prevent any unauthorised deductions from wages and to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof (Article 11(8)).

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided in the Government’s report received in November 2013 in reply to its 2009 direct request. The Government reiterates its determination to reduce poverty levels by half by 2015 by pursuing the objective of sustainable growth, which reduces poverty, particularly through sustainable and lasting economic growth, the expansion of productive sectors and the development of basic social services. The Government adds that it has set as a priority the significant improvement of indicators of human capital, particularly by providing population groups throughout the national territory with access to basic social services, such as education, literacy, health care, sanitation and drinking water. The Committee also notes the adoption of a Decent Work Country Programme (DWCP 2012–15), signed in July 2012, of which the sole priority is “promoting decent and productive jobs for men and women, and particularly for youth, through the strengthening of social dialogue”. The implementation of the National Employment Policy is included among the short and medium-term achievements of the DWCP 2012–15. The Committee invites the Government to provide information indicating the progress achieved in the reduction of regional disparities and the improvement of the living standards of the population. The Committee also once again invites the Government to provide information on the results achieved in the framework of the implementation of the Accelerated Development and Poverty Reduction Strategy (ADPRS) 2008–12 to contribute to the well-being and development of the population and to the promotion of its desire for social progress (Article 1 of the Convention). The Committee invites the Government to provide the information available on the impact of the implementation of the DWCP 2012–15, particularly with regard to living conditions in rural areas, the productive capacity and the improvement of the standard of living of workers in the informal economy (Articles 3 and 4).

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government in October 2008. The Government indicates that it has implemented several practical measures to harmonize the country’s economic development and ensure more balanced regional development. These measures concern, in particular, the provisions of Act No. 2001-31 setting out the aims of the regional planning policy, which aims to reduce regional disparities through improved coverage of the essential needs of the population; the creation of a National Institute of Statistics as a tool for improving economic and human development indicators and the special programme of the President of the Republic, which aims to equip rural areas with basic socio-economic infrastructure (schools and health centres). In order to promote the industrialization of rural areas, section 37 of the Investment Code provides for a three-year exemption from duties period for enterprises which are established in certain regions. The Government also indicates that microfinance institutions and cereal-providing banks constitute a tool for local development and for combating poverty. According to the data available, there is persistent poverty, particularly in rural areas (nearly two in three Nigeriens live below the poverty line). The overall rate of underemployment is 34.62 per cent, while the rate for women is 38.33 per cent and that for men is 32.93 per cent. Underemployment mainly affects rural populations. The level of education is low, malnutrition is rife among a significant proportion of the population, mortality rates are high, there is insufficient access to drinking water and limited access to energy, transport and communication infrastructure, as well as to markets. The Committee also notes that, to remedy this situation, the Government has adopted a new accelerated development and poverty reduction strategy (SDRP 2008–12), which focuses on the development of clusters with strong growth potential and which create jobs and the promotion of regional development poles. The Committee requests the Government to include information in its next report on the results achieved following the adoption of Act No. 2001-31 setting out the aims of the regional planning policy, indicating the progress made in reducing regional disparities and improving the standards of living of the population. The Committee also requests the Government to provide information on the results achieved under the SDRP to contribute to the well-being and development of the population and to promote its desire for social progress (Article 1). Please also include information on the steps taken to improve living conditions in rural areas, increase productive capacity and improve the standard of living of workers in the informal economy (Articles 3 and 4).

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Parts I and II of the Convention. Improvement of standards of living. In its observation of 2005, the Committee asked the Government to supply information on the manner in which the provisions of the Convention had been taken into account in the preparation and execution of measures taken under its economic programmes and poverty reduction strategy. In its report received in
October 2006, the Government states that the poverty reduction strategy which has been adopted is above all the expression of a political commitment and that it meets perfectly the concerns expressed by the various groups concerned throughout the preparation process, following a participatory approach involving all interested parties, which makes this strategy the product of a broad national consensus. The Government expresses its determination to reduce poverty levels by half by 2015, pursuing the objective of sustainable growth, which reduces poverty, in particular via durable and ongoing economic growth, the expansion of the productive sectors and the development of basic social services. The Government states that significant advances have been recorded, as indicated by the third report on the implementation of the strategy, in the version approved at the meeting of 10 February 2006, and adds that the process of revising the strategy is going ahead as planned. The Government also sent the text of Decree No. 2006-059/PRN/MFP/T of 8 March 2006 establishing minimum wages for occupational categories of workers governed by the interoccupational collective agreement. Moreover, the country is experiencing a phase of positive economic growth, the increase in GDP having been about 3.3 per cent on average for the 1994–2004 period and 7.1 per cent in 2005, according to estimates sent by the Government to international financial institutions. The Committee understands that, in the context of the poverty reduction strategy, a framework programme is planned with the aim of at facilitating access for young people to initial employment, to put in place a national policy for training and vocational and technical training, and to lay the foundations of a national employment policy. In this regard, the Committee recalls that, in the conclusions adopted at the 11th ILO African Regional Meeting (Addis Ababa – April 2007), the tripartite delegations reached a consensus for a mainstream assessment of the impact on the generation  and maintenance of decent work opportunities into poverty-reducing development strategies, and adopt national targets for the creation of sufficient decent jobs to absorb new labour market entrants and reduce by half the number of working poor. The Committee asks the Government to supply detailed information in its next report on the manner in which the provisions of Articles 1 and 2 of the Convention, which require that “all policies” to be “primarily directed to the well-being and development of the population”, have been taken into account in the preparation and implementation of an integrated national programme for the promotion of decent work and in the poverty reduction strategy.

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the brief information contained in the Government’s report received in November 2003. It notes that the various existing sectoral policies have been reshaped into a national social development policy aimed particularly at reducing the extent of poverty and improving the population’s quality of life. The Government also mentions that its social development policy is set out in the Poverty Reduction Strategy Paper (PRSP) drawn up in 2001. The Committee requests the Government to supply in its next report information on the manner in which the provisions of the Convention stipulating that "all policies ... primarily directed to the well-being and development of the population" have been taken into account in the preparation and execution of measures taken under its economic programmes and poverty reduction strategy.

[The Government is asked to reply in detail to the present comments in 2006.]

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The Committee notes the information provided by the Government to the effect that economic and financial difficulties, aggravated by political instability for nearly a decade, have prevented the implementation of several projects and programmes. It also notes that the Prime Minister of the Vth Republic has officially assigned the portfolios to the various ministers.

The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged in the field of social policy with a view to ensuring the well-being and development of the population, thereby giving effect to the provisions of the Convention.