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

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

The Committee notes the Government’s report.

Article 3, paragraph 3, of the Convention. National policy and compulsory schooling. In its previous comments, the Committee noted that the report of the high-level fact-finding mission undertaken in Niger from 10 to 20 January 2006 at the request of the Conference Committee on the Application of Standards stated that, as Niger is one of the poorest countries, the Government should place employment at the focus of any poverty reduction strategy. The report also indicated that awareness raising and training on the problems related to child labour needed to be undertaken and that the issue of education was a recurring theme. In this regard, the Government stated in its report that it intended to combat the phenomenon through the following measures: the adoption of a general poverty reduction policy; implementation of a policy of free compulsory schooling for children, particularly girls, at least up to the age of 16, and a policy of vocational and technical training for young persons, especially through the opening of three technical and vocational training centres in Zinder, Tahoua and Maradi; and by undertaking information campaigns on child labour. The Committee asked the Government to supply information on the implementation of the abovementioned projects.

As regards the ILO/IPEC project on the abolition of child labour in French‑speaking Africa, the Committee notes that, according to the activity reports for 2007, the information and mobilization of communities and other players in the fight against child labour continued in the shape of awareness campaigns on the problem of child labour directed at political decision‑makers, employers, traditional chiefs, current or potential child workers and their parents, and the general public. In addition, activities to strengthen the powers of labour inspectors to combat child labour were undertaken. The Committee notes that in the context of the project some 940 children were removed from, or prevented from being engaged in, exploitative work as a result of education, training or other services, and more than 5,865 children and some 195 families were the recipients of direct services. As regards the ILO/IPEC project on the prevention and elimination of child labour in mining in West Africa, the Committee notes that several action programmes mainly dealing with education and vocational training were implemented. The Committee notes that more than 400 children, 45 per cent of whom are girls, benefited directly from the activities of the project; some 280 children (165 boys and 115 girls) were prevented from being engaged in hazardous work.

The Committee duly notes that the Government has established a new economic, financial and social policy framework for the next five years entitled “Fast-track development and poverty reduction strategy (SDRP)”. It also notes the adoption of the ten-year education plan for 2002–12 and the opening of three technical and vocational training centres in Zinder, Tahoua and Maradi. Moreover, the Government is collaborating with UNICEF to promote education, especially for girls. However, the Committee notes that, according to UNESCO information for 2005, the school attendance rate at primary level is 46 per cent for boys and 33 per cent for girls, and at secondary level 9 per cent for boys and 6 per cent for girls. It also notes that, according to the Government’s report on basic education statistics for 2005–06, the net school attendance rates for children between 7 and 12 years of age is 54.1 per cent for boys and 37.8 per cent for girls, with an average figure of 45.8 per cent.

The Committee observes once again that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. The Committee greatly appreciates the steps taken by the Government to abolish child labour, particularly those in the areas of education and vocational training, steps that it regards as an affirmation of a political will to develop strategies to fight this problem. It encourages the Government to renew its efforts to fight child labour, especially by stepping up measures to enable children to become integrated in the formal and informal education system, in apprenticeships or vocational training, thereby increasing the school attendance rate and reducing the school drop-out rate. The Committee requests the Government to supply information on the implementation of the abovementioned projects and also on the results obtained in terms of the gradual abolition of child labour and increasing the school attendance rate.

Article 2, paragraph 1. Scope of application. The Committee previously observed that the Labour Code does not apply to types of employment or work performed by children outside an enterprise, such as work on a self-employed basis. It noted the Government’s statement that widening the scope of application of the labour legislation to children who are engaged in economic activity on their own account would require formal collaboration between the Ministries of the Civil Service, Labour, Mines, the Interior, Justice and Child Protection. The Committee hoped that discussions on this issue would take place between the abovementioned ministries. Noting the lack of information in the Government’s report, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all types of employment or work, whether or not a contractual employment relationship exists. It once again expresses the hope that discussions on this issue will take place between the abovementioned ministries and requests the Government to supply information on the way the protection laid down by the Convention is ensured where no employment relationship exists, especially in the case of self-employed children. In this respect, the Committee invites the Government to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal sector.

Article 3, paragraph 3. Authorization to employ young persons in hazardous work from the age of 16 years. 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. It also noted that health and safety committees had been established in enterprises and that one of their functions was to provide training and information on safety. The Committee noted that these committees did not appear to provide adequate specific instruction or vocational training in the relevant branch of activity. The Government pointed out that a distinction has to be made between three categories of young persons: those whose activity is performed in the context of a formal school curriculum, namely students in technical and vocational training schools; those who work in the context of an apprenticeship contract, supervised by one or more professional adults with many years of experience in the trade; and those who are trained under the traditional system for learning a trade and whose superior/trainer has also been trained under this system for the transmission of practical knowledge. With regard to this last category, the Committee asked the Government to provide information on the manner in which the health and safety committees ensure that the work performed by young persons does not jeopardize their health or safety. Noting the lack of information in the Government’s report, the Committee reminds the Government that, in addition to the requirement of training, Article 3, paragraph 3, of the Convention allows employment or work by young persons as from the age of 16 years on condition that their health, safety and morals are fully protected. The Committee therefore once again requests the Government to indicate the manner in which the occupational health and safety committees ensure that the conditions of work for young persons aged between 16 and 18 years do not jeopardize their health or safety.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the information available to the Office and the surveys carried out by ILO/IPEC, 31 per cent of children who worked were between 10 and 12 years of age, and 54 per cent were between 13 and 14. The Government indicated that work by young persons under 18 years of age is not common in modern socio-economic sectors and that labour inspection reports do not indicate any violations of the regulations. The Committee observed that the existence of technical cooperation projects to eliminate child labour demonstrates that the phenomenon exists in Niger. It noted that the report of the high-level fact-finding mission identified a lack of reliable data for quantifying precisely the scope and characteristics of the problem of child labour and suggested that objective and scientific surveys should be conducted with the involvement of all the parties concerned. The Committee noted that studies were under way in the country and asked the Government to supply information on the results of these studies.

The Government indicates in its report that the following studies are being conducted in the country: study on the state of children’s education for the
6–18 age group conducted by a consortium of NGOs; study on child labour in gold washing in Niger conducted by the National Institute of Statistics (INS) in collaboration with the ILO/IPEC project on mining in West Africa; basic study on forced labour and child labour in Niger conducted by the National Committee on Human Rights and Fundamental Freedoms; national study on child labour in Niger conducted by the INS in collaboration with ILO/IPEC and in partnership with a consortium of NGOs. The Committee hopes that these studies will be completed as soon as possible. It requests the Government to supply information on the results of the studies, once these are completed, including, for example, statistical data disaggregated by sex and age group on the nature, extent and trends of the employment of children and young persons working below the minimum age specified by the Government at the time of ratification, and also extracts from reports of the inspection services.