Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the Confederation of Labour of the Niger (CNT), received on 4 April 2018.

Article 2(1) of the Convention. Scope of application, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that child labour exists primarily in the informal economy and that the scope of the new Labour Code does not cover own account work or work in the informal economy. The Committee also noted the Government’s indication that labour inspectors encounter difficulties in detecting child labour in the informal economy due to its complexity and the inadequacy of their means of action. In this respect, the Ministry of Labour took measures to strengthen the capacities of the labour inspectorate, such as providing all labour inspection departments with a vehicle, recruiting new labour inspectors, increasing the budget of labour inspectors and creating new labour inspection services. The Committee noted that, according to the 2012 national survey on employment and the informal sector (ENESI) of the National Statistical Institute (INS), 50.4 per cent of children between 5 and 17 years of age (or around 1,922,637 children) were engaged in work in Niger, of whom 1,187,840 children were involved in hazardous types of work. The survey also showed that 40 per cent of jobs were in the informal economy. Lastly, the Committee observed that, according to the analysis undertaken jointly by the Government and UNICEF in 2013 of the situation of women and children in Niger, based on an equity and human rights approach, in general, nearly half (48 per cent) of children between 5 and 14 years of age were engaged in work. Moreover, one out of two children between 5 and 11 years of age (50 per cent) and 77 per cent of children between 12 and 14 years of age were engaged in agricultural work and other activities in domestic work.

The Committee notes the observations of the CNT, according to which the Government should adopt a programme to remove children from hazardous types of work in the agricultural sector.

It notes the Government’s indication, in its report submitted under the Labour Inspection Convention, 1947 (No. 81), that it is envisaging the creation of labour inspection services in new communities. It observes that, in its concluding observations of June 2018, the Committee on Economic, Social and Cultural Rights expressed concern at the fact that the labour inspection system lacks financial and human resources and does not cover the informal sector, which accounts for 70 per cent of jobs (E/C.12/NER/CO/1, paragraph 40). According to the study published in 2014 entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children Work (UCW), joint ILO, World Bank and UNICEF cooperation project, 90.2 per cent of children between 5 and 14 years of age who work in the agricultural sector perform unpaid family work, and 6.2 per cent work on their own account. The Committee therefore observes that only 2.7 per cent of children between 5 and 14 years of age who work in the agricultural sector are protected by the Labour Code. The study shows that children between 5 and 14 years of age account for 24 per cent of the total workforce in the agricultural sector. In the animal production sector, children account for 41 per cent of workers. Moreover, the Committee on Economic, Social and Cultural Rights states in its concluding observations of 2018 that a large number of children are economically exploited in the agricultural sector, slaughterhouses and domestic service, often in hazardous conditions (E/C.12/NER/CO/1, paragraph 46). The Committee once again expresses its deep concern at the number of children who have not reached the minimum age for admission to employment or work of 14 years who are compelled to work, often in hazardous conditions. The Committee urges the Government to take the necessary measures to eliminate work by children under 14 years of age, particularly in the informal economy, and in hazardous conditions. It also urges the Government to take the necessary measures to extend the scope of application of the Labour Code to the informal economy and to children working on their own account. It requests the Government to continue its efforts to strengthen labour inspection capacities and training so as to enhance direct interventions in the informal economy, and to provide information on the measures adopted and the results achieved in this respect.

Article 3(3). Authorization to employ children in hazardous work as 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 children over 16 years of age. It also noted that occupational health and safety committees had been established in enterprises and that they were responsible for training and awareness raising on safety. The Committee noted the statement by the Government representative to the Conference Committee on the Application of Standards, indicating that it is rare for child workers to be identified because occupational safety and health committees are only established in enterprises with over 50 employees. However, the Government indicated that a national coordination unit had been established, which had conducted a number of training activities for members of occupational safety and health committees. The Conference Committee strongly encouraged the Government to ensure that occupational health and safety committees carry out awareness-raising activities and training to ascertain that the conditions of work of young persons do not jeopardize their health and safety or their well-being.

The Committee notes the observations of the CNT, indicating that the Government has not set up occupational safety and health committees in enterprises to guarantee the health and safety of young persons between 16 and 18 years of age.

The Committee notes the Government’s indication that, under section 145 of the Labour Code, labour inspectors may request the creation of an occupational safety and health committee in an establishment with less than 50 employees if such a measure is deemed necessary, for example, due to activity-specific hazards, the extent of the risks observed, the nature of the work, and the layout and equipment of the facilities. The Committee observes that section 374 of Decree No. 2017-682/PRN/MET/PS of 10 August 2017 on the regulatory component of the Labour Code provides that, in enterprises or establishments with less than 50 employees, workers must elect a titular delegate and a substitute delegate for occupational safety and health. The Committee urges the Government to provide information on the measures taken to ensure that the occupational safety and health committees and occupational safety and health delegates in enterprises ensure that the working conditions of young persons between 16 and 18 years of age do not jeopardize their health and safety, in accordance with Article 3(3) of the Convention. It requests the Government to provide information on the establishment of occupational safety and health committees and occupational safety and health delegates.

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