Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Niger (Ratification: 1962)

1. Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that following a joint declaration of the Heads of State and Government in 2004, important steps to increase the opportunities for men and women to obtain decent employment were taken. The report provides statistical information concerning the participation of women in political decision-making, while generally indicating that women were holding positions in the civil service at all levels. The Committee notes from the information provided by the Government to the Committee on the Elimination of Discrimination against Women that a study on discriminatory practices affecting women working in the public and private sectors has been carried out. The Committee also notes that, according to the National Agency for the Promotion of Employment, the percentage of women among semi-public and private sector employees increased between 2000 and 2005 from 13.96 per cent to 22.15 per cent (CEDAW/C/NER/Q/2/Add.1, 20 February 2007, pages 3 and 18). The Committee requests the Government to:

(a)   provide information on the outcomes of the abovementioned study on discrimination against women in the public and private sectors;

(b)   provide statistical information on the number of men and women in the different positions in the civil service, as well as updated statistical information on the participation of men and women in private employment and the informal economy; and

(c)   indicate any progress in reviewing the legislation with a view to bringing it into line with the principle of gender equality, as previously indicated.

2. Sexual harassment. The Committee notes from the Government’s report that no judicial decisions concerning sexual harassment had been delivered and that no educational measures were undertaken to raise awareness concerning sexual harassment at work. The Committee notes that a lack of cases concerning sexual harassment brought before the courts does not indicate that sexual harassment does not exist in practice. It requests the Government to pay due attention to this matter and to indicate in its next report any measures envisaged or taken, in cooperation with employers’ and workers’ organizations, with a view to preventing and eliminating sexual harassment at work.

3. National institutions. The Committee notes with interest Decree No. 0933/MFP/T of 4 August 2006 of the Ministry of Public Service and Labour, concerning the establishment of a National Commission to combat forced labour and discrimination, which was issued with the aim of strengthening the application of the Convention as well as the Forced Labour Convention, 1930 (No. 29). The Committee notes that the Commission’s mandate includes action to reduce poverty through the elimination of forced labour and discrimination in target areas on the basis of a national action plan. It requests the Government to provide information on the measures taken by the new Commission to eliminate discrimination and the results achieved.

4. Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes that the membership of the National Commission to combat forced labour and discrimination includes representatives from a workers’ and an employers’ organization. The Committee asks the Government to provide information on any other efforts made to collaborate with employers’ and workers’ organizations to promote the application of the Convention.

5. Educational programmes and other promotional activities. In the absence of any information in the Government’s report on this matter, the Committee asks the Government once again to provide information on any measures taken to promote and carry out educational programmes or other awareness-raising activity on equality in employment and occupation.

6. Article 5. The Committee notes that the report does not reply to the Committee’s comments concerning section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967, which provide for certain exclusions of women from employment to protect their health and safety. The Committee once again requests the Government to indicate whether these exclusions are being re‑examined in the context of ongoing legislative reforms, in the light of the principle of equality and technical developments.