Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided by the Government in its reports. It also notes the ratification by Niger on 23 October 2000 of the Worst Forms of Child Labour Convention, 1999 (No. 182), and the adoption of Ordinance No. 96-039 of 29 June 1996 issuing the Labour Code.

Article 1 of the Convention. The Committee notes the information provided by the Government in its report of 2001 according to which the political instability experienced by Niger for nearly a decade has prevented the achievement of several objectives, including the "training and employment programme". However, it notes that in its 2003 report, the Government indicates that a national discussion on education will lead to a reform of the school system with a view to the full integration of schools in Niger through the reinforcement of vocational training centres. These measures will make it possible for young persons who have reached adulthood and have completed courses at vocational training centres to find suitable jobs in relation to the training received. The Committee notes the information provided by the Government that the public authorities will have to carry out information and awareness-raising activities on the danger to society of work performed by children who have not reached the age required for access to employment, particularly in the informal sector. The Committee requests the Government to indicate any developments in this respect.

Article 2, paragraph 1. Scope of application. The Committee notes that section 99 of the Labour Code provides that children may not be employed in an enterprise, even as apprentices, before the age of 14 years, without a derogation issued by decree after consultation of the Labour Advisory Commission, taking into account local circumstances and the tasks that they may be requested to perform. The Committee notes that, in accordance with this provision, the Labour Code does not apply to types of employment or work performed by children outside an enterprise. It reminds the Government that the Convention applies to all sectors of economic activity and that it covers all types of employment and work, whether or not there is a contractual employment relationship. The Committee requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing employment or work other than in an enterprise, particularly where there is no contractual employment relationship, such as work by a child on her or his own account. The Committee also requests the Government to indicate whether decrees authorizing derogations have been adopted on the basis of section 99 of the Labour Code and, if so, to provide copies thereof.

Article 2, paragraph 5. Persistence of reasons for specifying a minimum age of 14 years. The Committee notes the information provided by the Government in its reports in 2001 and 2003, according to which the reasons which led it to specify a minimum age for admission to employment or work at 14 years persist. In this respect, the Government refers to the fact that Niger is classified as one of the poorest countries and that the political events and the devaluation of the CFA franc in 1994 greatly contributed to the meltdown of the economy of Niger. Moreover, the national situation has affected school attendance, which explains the classification of Niger in the lowest rank of countries in the subregion, with a rate of 34.10 per cent. The Committee would be grateful if the Government would continue providing information on the reasons for its decision to specify a minimum age of 14 years for admission to employment or work, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 3. In its previous comments, the Committee noted that, for certain types of hazardous work, Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age. In this respect, the Committee recalled that under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. In its report in 2003, the Government indicates that, in practice, children aged under 18 years are not admitted to employment in mines, quarries or hazardous types of work. It adds that it is an important innovation in this respect that health and safety committees have been established in enterprises, and that one of the functions of these committees is training and information in safety. While noting the information provided by the Government, the Committee notes that the above committees do not appear to provide adequate specific instruction or vocational training in the relevant branch of activities. It once again requests the Government to indicate whether the young persons who are authorized to work from the age of 16 years in these types of employment or work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention. It also requests the Government to indicate whether consultations were held with the organizations of employers and workers concerned.

Article 9. The Committee notes that section 330(2) of Ordinance No. 96-039 issuing the Labour Code provides that, in cases of violations of section 99 (which establishes the minimum age for admission to employment), there shall be no liability to sanctions where the violation was a result of an error relating to the age of children committed when establishing the workbook. The Committee requests the Government to indicate the type of error relating to the age of children envisaged by this legislation. It requests it to indicate whether violations of section 99 of the Labour Code have been reported and, if so, whether sanctions have been applied.

Part V of the report form. It its report for 2003, the Government indicates that, in all sectors, there is no work by children under 18 years of age and that the inspection reports do not refer to any violation of this rule. However, according to the surveys carried out by the International Programme on the Elimination of Child Labour (IPEC) in 1998 at the request of the authorities of Niger, 31 per cent of children who worked were between 10 and 12 years of age, and 54 per cent between 13 and 14. The Committee draws the Government’s attention to the fact that it is essential to have available precise data, both to develop the most effective systems possible to combat work by children aged under 14 years and to evaluate reliably the effectiveness of these systems. The Committee hopes that the Government will take measures to identify children who work and to reinforce the mechanisms of the law. It requests the Government to provide information in its next report on the manner in which the Convention is applied, including, for example, statistics on the employment of children and young persons, extracts from the reports from the inspection services and information on the number and nature of the violations reported.

The Committee notes the general report on the work of the Labour Advisory Commission indicating that in March and April 2002 it examined the draft decree issuing regulations under the Labour Code. The Committee requests the Government to provide a copy of the draft decree and to inform it when it is adopted.