Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Niger (Ratification: 1961)

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to take the necessary steps to amend section 191 of the Labour Code, which provides that workers over 16 years of age but under the age of majority may join trade unions, to ensure that the minimum age for membership to a trade union is the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Code). While noting the commitment given by the Government to take this request into consideration when amending Act No. 2012-45 issuing the Labour Code, the Committee requests the Government to provide information on all progress made in this regard.

Articles 3 and 10. Provisions on requisitioning. In its previous comments, the Committee recalled that it had been asking the Government for many years to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state employees and local authority employees so as to limit the restrictions on the right to strike to public officials exercising authority on behalf of the State, to essential services in the strict sense of the term, or to cases in which work stoppages may provoke an acute national crisis. The Committee noted a number of steps taken by the Government to determine the representativeness of employers’ and workers’ organizations on the basis of occupational elections. The Committee notes the Government’s indication that the occupational elections process, the purpose of which is to revive the ordinance review mechanism, is proceeding normally and that it remains open to negotiations with the social partners. Recalling that it has been requesting action on this matter for a number of years, the Committee invites the Government to take all necessary measures to accelerate this process and requests it to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.