Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Minimum Age Convention, 1973 (No. 138) - Niger (Ratification: 1978)

The Committee notes the information supplied by the Government in reply to its general direct request. It notes, however, that the Government's report does not contain a reply to its previous comments. The Committee hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:

The Committee notes that the legislation has not yet been amended in order to give fuller effect to the Convention. The Government states, however, that it is prepared to take the Committee's comments into account in the current revision of the Labour Code and the Inter-Occupational Collective Agreement. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made in the application of the following provisions of the Convention:

Article 1 of the Convention. The Committee recalls the provisions of Part I of Recommendation No. 146 (Paragraphs 1-5) which state that high priority should be given to planning for and meeting the needs of children and youth in national development policies and programmes. The Committee asks the Government to supply information on:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that under section 116 of the Labour Code, children under 14 years of age are prohibited from working in enterprises unless an exemption is issued by Decree, following an opinion of the Advisory Labour Committee. The Committee requests the Government to indicate whether recourse has been had to this provision which authorises exceptions and, if so, to provide a copy of the Decrees adopted.

Paragraph 5. The Government is requested to supply the information required by this clause of the Convention in its future reports.

Article 3, paragraph 2. Under section 138 of Decree No. 67-126/MFP/T of 7 September 1967, definitions regarding the dangerous nature of work rest with the labour inspector and may be appealed before the competent Minister following an opinion of the Technical Advisory Committee on Health and Safety. The Committee wishes to stress that Article 3, paragraph 2, requires the types of employment or work likely to jeopardise the health, safety or morals of young persons to be determined by national laws or regulations after consultation with the organisations of employers and workers concerned. The Committee hopes that the Government will indicate the measures taken in the revision of the Labour Code, stating the types of employment or work that are considered to be dangerous and therefore require specification of a higher minimum age for admission to employment. It also asks the Government to provide information on the consultations that have been held on this subject with the organisations of workers and employers concerned.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. It hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorised to engage in work likely to jeopardise their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organisations concerned.

Article 8. Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorise the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organisations of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which and prescribe the conditions under which employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.