Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Niger (Ratification: 1962)

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of specific legislative measures providing adequate protection for public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and, for that purpose, establishing expeditious and effective penalties and procedures. The Committee notes that the Government once again indicates that freedom of association and the right to collective bargaining are recognized by article 9 of the Constitution of 10 November 2010 and that personnel who are not governed by either the provisions of the Labour Code or of the General Public Service Regulations have established trade unions. However, the Committee notes that Government still does not refer to any specific measures that would protect the above category of personnel against acts of anti-trade union discrimination, and that it does not indicate whether it has taken steps to adopt such provisions. The Committee therefore once again requests the Government to take the necessary measures without delay to include in the legislation provisions protecting public servants not engaged in the administration of the State against acts of anti-union discrimination and interference, and to establish, for that purpose, expeditious and effective penalties and procedures. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Criteria for determining the representativeness of employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on the holding of occupational elections and their outcome in order to determine the representativeness of workers’ and employers’ organizations. The Committee notes with interest the Government’s information concerning the holding and results of the occupational elections that took place in 2019 and Order No. 0072/MET/PS/DGT/DT/PDS of the Ministry of Employment, Labour and Social Protection of 19 September 2019 declaring the final results of the occupational elections of 31 July 2019. The Committee trusts that the holding of these elections and the resulting determination of the representativeness of professional organizations will contribute to the increased use of collective bargaining mechanisms in the country. In this regard, the Committee requests the Government to provide information on the number of collective agreements signed and in force in the country, the sectors concerned and the workers covered. It also requests the Government to provide information on any other measures adopted or envisaged to promote collective bargaining.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee, after having noted with satisfaction the conclusion, between 2012 and 2014, of four major collective agreements concerning both the public and private sectors, invited the Government to ensure that the legislation in force is aligned with the practice concerning the recognition and exercise of the right to collective bargaining in the public sector, and to continue providing information on the number of collective agreements concluded in the public sector. The Committee notes that the Government confines itself to indicating that freedom of association is a constitutional right in Niger, the exercise of which is not subject to any restrictions, but does not provide any new information in response to the Committee’s specific requests. The Committee therefore once again requests the Government to take all the necessary measures to ensure that the legislation in force is aligned with the practice and guarantees the right to collective bargaining of public servants not engaged in the administration of the State who are governed by a specific legislative or regulatory status, and accordingly excluded from the application of section 252 of the Labour Code.