Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code did not apply to types of employment or work performed by children outside an enterprise, such as work performed by children on their own account. It noted the Government’s indication that the broadening of the scope of application of the labour legislation to children engaged in an economic activity on their own account would require formal collaboration between the Ministries of the Public Service, Labour, Mines, the Interior, Justice and Child Protection. The Committee also noted the Government’s indications that a national survey of the informal economy would be organized by the National Statistical Institute (INS) in 2012, which would make it possible to measure the extent of the phenomenon of children working on their own account and would enable the labour administration to intervene more effectively in this field.

The Committee observes that the Government has not provided any further information concerning child labour in the informal economy in Niger. The Committee once again requests the Government to provide information on the implementation of the INS survey in the informal economy, and on the impact of the survey on the action taken by the labour administration for children working on their own account in Niger.

Article 2(3). Compulsory schooling. In its previous comments, the Committee noted that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 66), the Committee on the Rights of the Child expressed concern at the poor quality of the education system, the high drop-out rate and the weak gender equity in education. The Committee noted that, according to the National Survey on Child Labour in Niger (ENTE) of 2009, 43.2 per cent of children between the ages of 5 and 11 years and 62.5 per cent of children between the ages of 12 and 13 years in Niger were engaged in types of child labour that were to be abolished at an age when they are supposed to be in school, as school attendance is compulsory up to 14 years. Despite the efforts made by the Government, the Committee expressed concern at the persistence of low rates of school attendance.

The Committee notes the Government’s indication that Niger has initiated a policy to encourage school attendance by children and an action plan intended, among other objectives, to raise the awareness of the population concerning the consequences of child labour and the benefits of schooling. The Committee also notes that, according to the UNESCO 2012 Education For All Global Monitoring Report, the gross primary school enrolment rate rose to 71 per cent in 2010 (64 per cent for girls and 77 per cent for boys), in contrast with 67.8 per cent (58.6 per cent for girls and 77 per cent for boys) in 2008–09. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to pursue its efforts and to take measures to enable children to attend compulsory basic education. It also requests the Government to continue taking measures to increase the school attendance rate and to reduce the school drop-out rate, particularly for girls, with a view to preventing children under 14 years from age from working. The Committee once again asks the Government to provide information in its next report on the results achieved.

Article 3(3). Authorization to employ children in hazardous work from the age of 16 years. In its previous comments, the Committee noted that, in 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 are established in enterprises and that they are responsible for training and awareness-raising on safety. The Committee observed that these committees do not appear to provide adequate specific instruction or vocational training in the relevant branch of activity. In this respect, the Government indicated that a distinction needed to be made between three categories of young persons, including those who are trained under the traditional system for learning a trade and whose superior/trainer has also been trained under this system of transmission of practical knowledge. With regard to this category, the Committee requested 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 and safety.

The Committee once again notes the absence of information in the Government’s report. Observing that this matter has been raised on many occasions, the Committee once again urges the Government to take the necessary measures to ensure that enterprise health and safety committees ascertain that the conditions of work of young persons aged between 16 and 18 years do not jeopardize their health and safety, in accordance with Article 3(3) of the Convention. It urges the Government to provide information on this subject in its next report.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the findings of the ENTE of 2009, economically active children account for 50.4 per cent of children between 5 and 17 years (i.e. about 1,922,637 children in absolute terms) and that the phenomenon of child labour is more significant in rural than in urban areas. It also shows that in Niger girls are much more engaged in work than boys. Furthermore 83.4 per cent of children between 5 and 17 years who are economically active, that is 1,604,236 children, are engaged in types of work that are to be abolished (that is, all the types of work prohibited by the Convention). Of these children, 1,187,840 are involved in hazardous types of work. In other words, nearly two out of three children (61.8 per cent) between 5 and 17 years of age who are economically active perform their work under hazardous conditions, with the figures being 63.6 per cent for children aged between 5 and 11 years and 57.9 per cent for children between 12 and 13 years.

Noting the absence of information on this subject in the Government’s report, the Committee once again expresses its deep concern at the high number of children engaged in work in Niger who are below the minimum age for admission to employment or work, and at the significant proportion of these children who work under hazardous conditions. The Committee once again strongly encourages the Government to intensify its efforts to combat and progressively eliminate child labour in the country and requests it again to provide information in its next report on the application of the Convention in practice, including extracts from the reports of the labour inspection services indicating the number and nature of the contraventions reported and the penalties applied.

[The Government is asked to supply full particulars to the Conference at its 103rd Session and to reply in detail to the present comments in 2014.]