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

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative noted with interest the comments of the Committee of Experts relating to the application by Niger of Convention No. 138. Niger had ratified the Convention on 2 December 1978, thus demonstrating its wish to protect and defend young people against child labour and to ensure that children were in a position to complete normal schooling. Niger had always fulfilled its obligations under the ILO Constitution by regularly sending to the ILO the reports due on ratified Conventions, including Convention No. 138. With regard to the scope of application of the Convention, a national survey of employment in the informal economy was conducted in 2012 by the National Statistical Institute (INS). An initial report on the informal economy and the labour market had been produced, but the data could not be communicated before their official adoption. Although child labour had not been covered by the report, it could provide indications, as other reports, especially those relating to decent work indicators, would cover these aspects in greater detail. Moreover, the survey period had coincided with the launch of the General Census of the Population and Habitat (RGPH-2012), results of which had been published in April 2014. The INS was the only accredited institution for this type of survey, which explained the delay in the finalization and official publication of the results of the survey.

With regard to compulsory schooling, legislative measures had been taken to ensure that children attended school for as long as possible. These included: the adoption of the Framework Act for the Education System of Niger (LOSEN), which made primary education compulsory for boys and girls in Niger; and the formulation of the letter setting out the Government’s education policy, which prescribed compulsory schooling until the age of 16 years. This letter contributed towards the goals of the “Niger 2035 and PDES 2012–15” strategy for sustainable development and inclusive growth, and the formulation of the Sectoral Education and Training Programme (PSEF) 2014–24, which was a strategy paper for the application of the above Act. All these instruments were endorsed by the education partners. In the PSEF (2014–24), the Government undertook to stimulate social demand in the area of education and the promotion of the schooling of young girls at primary level, in accordance with an operational strategy based on the management committees of the educational establishments, the recruitment of women teachers in rural areas and income-generating activities for the parents. Other actions were also being taken to improve pre-school education and the non-formal education of young people from 9 to 15 years of age, in addition to awareness raising among parents. The work of the public bodies was supplemented by that of non-governmental organizations (NGOs) and associations operating through various networks, and particularly the adoption and implementation of the national action plan to eliminate child labour, which had been reviewed and validated with the support of the ILO.

With regard to authorization to employ children in hazardous work from 16 years of age, the Government representative observed that the occupational safety and health committees (CSSTs), set up at the level of enterprises covered by the Labour Code, were functioning normally. Furthermore, a national coordinating body has been created under Decree No. 365/MFP/T/DSST of 16 March 2012. This body had carried out a number of activities including: the training of members of the CSSTs; the participation in monthly activities concerning the prevention of occupational hazards; the capacity building of members; the organization of visits to enterprises in collaboration with the labour inspectorate; and the formulation and adoption of a three-year action plan (2013–15). He indicated that CSSTs existed in enterprises subject to the supervision of labour inspectors, an area in which it was rare to encounter child workers, because the CSSTs operated in enterprises with more than 50 employees. No labour inspection report had revealed such an offence. He added that child labour mostly existed in the informal economy. He concurred with the Committee that child labour existed in Niger, and recalled that the Government had committed, with the support of the development partners, the NGOs and associations, to eradicate this phenomenon. There was no prohibition in law for labour inspectors to intervene in establishments in this sector. However, labour inspectors found it difficult to identify child labour because of its complexity and the scarcity of resources, and they intervened more in the formal economy to prevent this phenomenon. Furthermore, the Minister of Labour had provided all the labour inspection services with a vehicle and increased their operating budget substantially. He emphasized that, whatever means were used to combat child labour, it was first and foremost a direct intervention on the part of the labour inspectors, in cooperation with the communities and the other actors in the informal economy, that would help to eradicate this problem. In order to ensure this, the Government was prepared to create conditions for the establishment of the institutional audit of labour inspection that it had requested from the ILO, and to propose actions liable to strengthen the capacities of intervention of labour inspections in the informal economy. In this respect, he expressed the hope that the activities of the second phase of the ILO support project for labour administration (ADMITRA) would also cover Niger. In conclusion, there needed to be strong cooperation between the various ministries to overcome the phenomenon of child labour. Niger intended pursuing the above initiatives in accordance with the application of Convention No. 138. Increased support from partners, including the ILO, was necessary to ensure that actions to combat child labour produced the desired effects.

The Worker members said that half of the population of Niger was under the age of 15 years and that population growth was 3.3 per cent per year. As a result, many children of school age were working, a significant proportion of whom were working in hazardous conditions. According to statistics from a national survey carried out in 2009, 50 per cent of children between 5 and 17 years of age were economically active in rural areas, representing 1.9 million children. According to the latest Education for All Global Monitoring Report, Niger was one of the ten countries with the highest number of children, almost 1 million, not enrolled in school. Three children out of four spent less than four years in school and nearly 50 per cent of girls could not read or write. They added that 1.6 million children were engaged in work prohibited by Convention No. 138. Of these children, 1.2 million children were involved in hazardous work. Two out of three children between 5 and 17 years of age were working in dangerous conditions. These children of school age were working in difficult conditions and were performing tasks beyond their physical ability. They often worked with their families in rural areas, labouring the land, grinding cereals and looking after livestock. Despite the Minister of Labour’s circular banning the use of children in gypsum and salt mines, no penalties had been issued in this respect. The Worker members noted that the Labour Code in Niger did not apply to work in the informal economy. They emphasized that the Government’s response to the Committee of Experts’ comments indicated that extending the Labour Code to the informal economy required the formal collaboration between various ministries and that the Government wished to first understand, by means of a national survey, the extent to which informal work was being performed by children. However, the Worker members noted that the Government had not provided any new information with regard to either the survey that should have been held in 2012 or the situation of children in the informal economy. They recalled that Convention No. 138 applied to all sectors of economic activity regardless of whether there was a contractual relationship. Moreover, referring to the 1967 Decree, which permitted the use of children in certain types of hazardous work from the age of 16, they called for workplace health and safety committees to engage in awareness raising and safety training. However, the Government had never provided information as to the nature of the activities carried out by these committees, which were supposed to ensure that the work carried out by these young persons did not jeopardize their health or safety. In conclusion, the Worker members recalled that, under Article 3(3) of Convention No. 138, young persons from the age of 16 were only permitted to undertake hazardous work on condition that their health, safety and morals were fully protected. However, that did not appear to be the case in Niger.

The Employer members agreed with most of the points raised by the Worker members. It was a case of frustration as it was a case of persistent failure to provide information and concrete evidence of progress on the important issue of ensuring that children received adequate basic education and were protected from being required to be engaged in activities that might be injurious to their physical or mental well-being. The Committee had previously noted that Niger’s Labour Code did not apply to the informal economy and changing the scope of application of labour legislation would require formal collaboration between several ministries. Moreover, the Ten-Year Education Development Programme of 2002 was aimed at achieving an 80 per cent enrolment rate in primary school by 2012, and 84 per cent by 2015. Estimates by various organizations, including UNESCO, indicated a continuing low rate of school attendance by children between 7 and 12 years of age and a significant number of children who dropped out of school well before attaining the minimum age for admission to employment. According to the 2012 Education for All Global Monitoring Report, the gross primary school enrolment rate was 71 per cent in 2010 (64 per cent for girls and 77 per cent for boys), compared with 67.8 per cent (58.6 per cent for girls and 77 per cent for boys) in 2008–09. This increase in enrolment was, however, not matched by a corresponding increase of children who completed their schooling. Referring to statistics from 2009 on child labour, the Employer members noted that the Committee continued to lack any concrete information on which it could better assess the situation in Niger. With respect to Article 3 of the Convention, the Committee of Experts had asked the Government to provide information on the manner in which health and safety committees ensured that the work performed by young persons did not jeopardize their health and safety. Lack of information denied the Committee the ability to establish a view on the situation, and fuelled the continuing concern about the seemingly significant exposure to unsatisfactory work practices of an alarmingly large percentage of the nation’s young people. The Employer members urged the Government to take the necessary measures to ensure that enterprise safety and health committees ascertained that the conditions of work of young persons aged between 16 and 18 years of age did not jeopardize their health and safety. They expressed deep concern at the high number of children engaged in work in Niger who were below the minimum age for admission to employment, and at the significant proportion of these children working in hazardous conditions. Considering that compulsory schooling was one of the most effective means of combating child labour, the Employer members strongly encouraged the Government to pursue its efforts and to take measures to enable children to attend compulsory basic education. They also called on the Government to: intensify its efforts to combat and progressively eliminate child labour in Niger; continue providing information 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; and provide statistical data, disaggregated by sex and age group, on the nature, extent and trends of child labour and work by young persons under the minimum age specified by the Government when ratifying the Convention. They hoped that the Government would make every effort to take these actions in the near future.

The Worker member of Niger said that the extent of child labour in Niger largely depended on the sectors concerned; these included agriculture, livestock breeding, fishing, manufacturing industries, small-scale mines, quarrying and extractive industries, the informal economy, manufacturing and maintenance, and services. The extent and nature of the work could depend on the age of child labourers, which ranged from 7 to 13 years. It was common to find working children under 7 years of age, but in those cases they were with their parents or an adult member of the family instead of being at school. The causes of child labour included poverty, weak economic growth, ignorance by parents of the consequences of child labour, poor levels of education, unemployment, the physical disability of parents and the exodus of families from rural to urban areas or abroad. With regard to low levels of schooling, although access to education had improved with the school enrolment rate rising from 76.1 per cent in 2011 to 79.1 per cent in 2012, the completion rate for primary education of 55.8 per cent in 2012 was still relatively low. The gross enrolment rate varied from 108 per cent in urban areas to 71 per cent in rural areas, with 88 per cent for boys and 71 per cent for girls. With respect to unemployment, although human capital was the most abundant resource in Niger, employment opportunities remained relatively scarce, resulting in underemployment and unemployment for a large proportion of the active population. The proportion of the active population that was unoccupied was 56 per cent overall, with 40 per cent for men and 71 per cent for women, and 46 per cent and 59 per cent the respective figures for urban and rural areas. However, he indicated that there were other specific causes of child labour in Niger, particularly: inadequate public awareness of the consequences of child labour; demographic factors; difficulties in applying the legal and institutional framework; and socio-cultural factors, since customs and religion had a decisive influence on social attitudes and behaviour in Niger. The workers in Niger had sought, and would continue to seek, the sound application of Convention No. 138 by the Government. He acknowledged that, in the current socio-economic and cultural context in Niger, the effective application of the Convention would require not only strong political will, as well as sustained technical assistance. As a result, he agreed with the comments of the Committee of Experts and suggested that statistical data on child labour in Niger should be updated with the participation of different partners, including the ILO. He called on the Government of Niger allocate a significant budget for education, which was the best alternative to child labour, and the ILO to provide technical assistance to ensure the effective operation of occupational safety and health committees in both the formal and informal economy. In conclusion, he indicated that it was vital for the ILO to support his country in the implementation of different actions to combat child labour.

The Government member of Norway, speaking on behalf of the Government members of Denmark, Finland, Iceland, Norway and Sweden, expressed grave concern with regard to the failure of the Government of Niger to provide the requested information concerning child labour in the informal economy and the action taken by the labour administration. This was a serious case and needed to be assessed together with the findings of the Committee of Experts on Niger’s compliance with the Worst Forms of Child Labour Convention, 1999 (No. 182). Children under 18 years of age were being exploited in forced or compulsory labour in the form of trafficking, forced begging and the most hazardous types of work. Insufficient labour inspections meant that there was inadequate monitoring regarding children engaged in the worst forms of child labour. There was also a lack of investigation, prosecution and dissuasive sanctions for using children for purely economic ends. The Government needed to intensify its efforts to ensure the protection of children from these worst forms of child labour, in particular from hazardous types of work. Governments remained the main drivers of change. The Government needed to show political willingness and an ability to act in accordance with the principles of good governance and to fight corruption. It was necessary to strengthen labour administration, including labour inspection, labour protection and social security. She emphasized that one of the most effective means of combating child labour was to provide compulsory and accessible education. A national survey on the informal economy to measure the extent of children working on their own account would be beneficial and would facilitate effective intervention. Moreover, the Government was encouraged to seek technical assistance from the ILO to eliminate child labour in the country, recognizing the need for a joint effort to overcome the challenges in this critical area.

The Worker member of Zimbabwe expressed deep concern at the alarming number of children working in Niger. Despite the Labour Code, adopted in 2012, setting the minimum age for employment at 14 years of age, about half of children between 5 and 14 years of age were working and a third were engaged in hazardous work. Children working in mines were exposed to mercury and at risk of suffocation or death as a result of cave-ins. Children working in agriculture were exposed to serious workplace hazards. Children, especially girls, were working in domestic service and were particularly vulnerable to long hours, and physical and sexual abuse. The traditional practice of men taking a girl as a “fifth wife” was a grave issue, as they were slaves and their children were sold as slaves. Some children were sent to Koranic schools, and some teachers exploited these children by forcing them to beg or work as domestic or agricultural workers. He urged the Government to draw up appropriate laws and policies with the social partners to put an end to child labour.

The Worker member of Nicaragua regretted that the government authorities of Niger did not consider it a priority to ensure free access to public education, which was a guarantee for the development of persons and society. Education International was conducting a campaign to promote quality in, and access to, public education as a means of eliminating child labour. Statistics revealed a clear absence of short- and long-term policies, a lack of interest in guaranteeing positions for teaching staff and a lack of adequate economic resources. Exploitation of girls and boys in Niger was only possible because of the abdication by the Government from supervising and controlling enterprises and because employers encouraged such work. Responsibility for children dropping out of school lay not only with the Government but also with companies that allowed the use of child workers with the aim of maximizing revenue. Not guaranteeing access to quality public education had implications for economic growth and the strengthening of democracy, condemning the country to poverty. The best way to eliminate child labour was to ensure that all children attended school and their parents had decent jobs. In conclusion, he urged the Government of Niger to make a commitment to eliminating child labour, assigning the necessary economic and financial resources to public education, exercising greater controls on enterprises and considering education as a fundamental priority.

The Worker member of Swaziland said that there was a high prevalence of children working in Niger. Effective labour laws were essential to prevent child labour. Labour law and its enforcement fell short as it did not cover the informal economy and immediate action was necessary. While the law established the minimum age for work at 14 years and contained provisions restricting the number of hours worked by children between 14 and 18 years of age, there were no dissuasive sanctions for violations, despite the alarming number of children working. Penalties in criminal law did not go beyond one year’s imprisonment. Inadequate policies left children unprotected and vulnerable. Legislation had to be extended to include domestic workers and the informal economy, and laws on child labour also needed to be reformed.

The Government representative emphasized Niger’s commitment to continue with the implementation of Convention No. 138. He said that the debate appeared to re-open the discussions that had taken place in the Committee in 2005, but since then many developments had occurred. In this respect, he recalled the ILO high-level mission’s conclusions on forced labour in Niger (2006). He stressed that the 2012 Labour Code did not restrict inspectors to carry out inspections in the informal economy, but he mentioned the lack of means and resources of the labour inspection services. With regard to occupational safety and health committees, they were established in enterprises with at least 50 workers in the formal economy. He also referred to the new education policy, for which a quarter of the national budget was allocated for education and occupational and technical training. With regard to the timing of the various surveys, the Government was committed to speeding up the completion of the survey on employment and the informal economy. In this respect, he requested the technical support of the ILO for the INS. Finally, the Government was committed to finalizing the process for the implementation of an occupational safety and health framework, in which the framework document for the occupational safety and health policy had been reviewed and validated.

The Worker members indicated that on 12 June the World Day Against Child Labour would be held, and this year the theme would be “Extend social protection: Combat child labour”. The case of Niger demonstrated the importance of the World Day in combatting child labour and of social protection for that purpose. Forms of labour which ran counter to fundamental human rights were obstacles to decent work. International Conventions identified child and forced labour as part of those unacceptable forms and required their permanent abolition. Such forms of labour were real concerns for Niger and their eradication should be of the utmost priority for the authorities. They urged the Government to establish an action plan in close cooperation with the social partners. This plan should: (i) give priority to the abolition of child labour, particularly in hazardous work; (ii) provide for a rise in the education budget from 4.5 to 6 per cent of Gross Domestic Product to increase the school enrolment rates and recruit qualified teachers; (iii) provide for alternatives to child labour for families’ standards of living; and (iv) organize a basic social sector covering income, food, health and maternity. They concluded by requesting the Government to: (i) update the statistical data on child labour; (ii) extend the Labour Code to the informal economy; and (iii) ensure adequate application of the decree on hazardous work. They also called on ILO–IPEC to re-establish its partnership with Niger.

The Employer members agreed with the Worker members on the need for the members of the Committee to call for attention to be focused and priority given to the issue of child labour in Niger. There had been no disagreement among the speakers on the seriousness of the present situation. However, it had been acknowledged that the Government was aware of the problems. With respect to information and statistics, the Government should find a systematic way of effectively identifying the information that was needed in a timely manner. The Government was encouraged to collect, analyse and publish information and statistics, as part of the plan of action mentioned by the Worker members. The INS was the only organization dealing with information on child labour. The Employer members encouraged the Government to request technical assistance in relation to data collection, analysis and dissemination, and assistance on other matters. They also urged the Government to strengthen its inspection services. The Labour Code should apply in practice to all branches of the economy, including the informal economy. Measures needed to be taken without delay to address the issue of child labour in Niger.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed relating to the high number of children between the ages of 5 and 14 who were not attending school and who were involved in child labour, including hazardous work, as well as the phenomenon of child labour in the informal economy.

The Committee noted the Government’s indication that it was taking several measures to keep children in school and that it was committed to the elimination of child labour in the country. The Committee further noted the Government’s commitment to implement the Convention through various measures, including strengthening the labour inspectorate and the establishment of health and safety committees at the enterprise level. The Committee also noted the detailed information provided by the Government outlining the laws and policies in place to provide free and compulsory primary education, including a sectoral education and training programme from 2014 to 2024 (PSEF), as well as the allocation of a substantial percentage of its national budget for this purpose. It observed in this regard that the Government intended to take various measures to promote access to primary education, especially for young girls. The Committee also noted the Government’s indication that a national survey of the informal economy was organized by the National Statistical Institute in 2012, but this survey did not include child labour in the informal economy. Finally, the Government representative had highlighted that child labour and its worst forms were the result of poverty, exclusion and underdevelopment. In this regard, the Committee noted that the Government of Niger had expressed its willingness to continue its efforts in cooperation with the social partners to eradicate child labour with the technical assistance and cooperation of the ILO.

While noting certain measures taken by the Government to combat child labour, the Committee nevertheless expressed its deep concern at the high number of children below the minimum age for admission to employment or work of 14 who were involved in child labour in Niger, and at the significant proportion of these children who worked under hazardous conditions. It urged the Government to strengthen its efforts to improve the situation and to combat child labour in the country with a view to eliminating it progressively, within a defined time frame, notably by developing a national policy to ensure the effective abolition of child labour and an action programme to combat child labour, with priority to be given to hazardous child labour. Moreover, while noting the difficulties encountered by the Government in monitoring the informal sector, it called on the Government to take the necessary measures to extend the scope of the Labour Code to the informal economy, to further strengthen the capacity and expand the reach of the labour inspectorate in this sector and to ensure that regular visits, including unannounced visits, were carried out so that penalties were imposed on persons found to be in breach of the Convention. In this regard, the Government was requested to provide extracts from the reports of the labour inspection services indicating the number and nature of the contraventions reported and the penalties applied.

The Committee noted with concern that low school enrolment and high drop-out rates continued to prevail for a large number of children. Underlining the importance of free, universal and compulsory education in preventing and combating child labour, the Committee strongly urged the Government to develop and enhance the education system, including by taking effective measures, within the framework of the PSEF, to ensure access to free basic and compulsory education for all children under the minimum age, with special attention to the situation of girls, with a view to preventing children under 14 years of age from working, and to reduce school drop-out rates.

While noting that occupational health and safety committees had been established and were active at the enterprise level, the Committee expressed its concern at the Government’s indication that these committees rarely detected hazardous child labour in the course of their activities. The Committee strongly encouraged the Government to ensure that these health and safety committees carried out awareness-raising activities and training to ascertain that the conditions of work of young persons did not jeopardize their health and safety or well-being.

Moreover, in light of the lack of data on the number of children working under the minimum age, and noting the Government’s indication that child labour largely took place in the informal economy, the Committee urged the Government to undertake a national survey of child labour in the informal economy in the very near future in order to make it possible to measure the extent of the phenomenon of children working in the informal economy, thereby enabling the labour administration to intervene more effectively in this field.

Recognizing the importance of policy coherence, the Committee encouraged international cooperation in order to promote poverty eradication, sustainable and equitable development and the elimination of child labour and, in this regard, it recommended that ILO–IPEC resume its activities in the country. It requested the Government to avail itself of ILO technical assistance to ensure the full and effective application of this fundamental Convention, including the adoption of a time-bound action plan to address the issues raised by this Committee. It requested the Government to include in its report to the Committee of Experts for examination at its next session in 2014 complete information regarding all the issues raised by the Conference Committee and the Committee of Experts. The Committee expressed the hope that it would be able to note tangible progress in the application of this Convention in the very near future.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 3(3) of the Convention. Authorization to employ children in hazardous types of work as from the age of 16 years. The Committee notes the Government’s indication, in response to its previous comments, that occupational safety and health committees ensure that the work undertaken by young persons between the ages of 16 and 18 years is in conformity with the legal requirements set out in the legislation, including Decree No. 67-126/MFP/T of 7 September 1967 authorizing the employment of children aged over 16 years in certain types of work. The Committee requests the Government to provide specific information on the measures adopted to ensure that occupational safety and health committees and occupational safety and health delegates in enterprises ensure that the conditions of the work undertaken by young persons between the ages of 16 and 18 years are not prejudicial to their health and safety, in accordance with Article 3(3) of the Convention. In this regard, it once again requests the Government to provide information on the establishment of occupational safety and health committees and occupational safety and health delegates.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. National policy. Further to its previous comments, the Committee notes that the National Plan of Action to Combat Child Labour has still not been adopted and that the process is still receiving technical and financial support from the ILO through the MAP16 project on measurement, awareness-raising and policy engagement to accelerate action against child labour and forced labour. The Government indicates in its report that a national consultant has been recruited to support the process and a number of workshops are planned which will contribute to the finalization, validation and adoption of the Plan of Action. In this regard, the Committee notes that in May 2023 the consultant undertook a documentary analysis of national sectoral policies and programmes contributing to action on the root causes of child labour, which should serve as a framework for discussion with key actors to update the set of public policies and related legislative texts and identify the strategic pillars of the National Plan of Action to Combat Child Labour. The analysis also indicates that several public policies exist and are being implemented in Niger which should contribute to combating the deep-rooted causes of child labour in the country. These include the Economic and Social Development Plan 2022–26, the Agricultural Policy 2016 and the National Population Policy 2019–35. However, the Committee observes that these policies do not specifically address child labour and that, according to the analysis, the complexity of the phenomenon of child labour in Niger requires relevant strategic planning to guarantee the intersectionality of interventions and allow the identification of priorities and the roles and responsibilities of institutional actors in action to combat child labour in order to make it more dynamic and better adapted to the national context.

In this regard, the Committee notes that, according to the analysis, the determining factors of child labour in Niger include the poverty and vulnerability of households, demographic pressure on the school system and other factors, such as traditional practices which are prejudicial to children. The Committee also notes that a 2022 UNICEF report analysing risks and impacts on children in Niger sets out in detail the risks that affect or could affect the well-being and development of children, and which could potentially be an obstacle to the achievement by Niger of its international commitments, including the Sustainable Development Goals (SDGs). These risks include the impact on children and services of climate change, environmental risks (and particularly floods, desertification, epidemics and storms) and conflict, internal and external displacement, shocks and stress. The Committee observes that climate change and other risk factors can increase the incidence of child labour, and the circumstances in which it occurs. The Committee therefore urges the Government to take the necessary measures to ensure that the Plan of Action is prepared and adopted in a manner that takes into account and addresses the root causes of child labour in the country, namely: the poverty and vulnerability of households, demographic pressure on the school system, traditional practices that are prejudicial to children, as well as other risk factors, such as the impact of climate change, conflict and migratory movements. The Committee also requests the Government to provide information on the measures taken and the results achieved in terms of the progressive elimination of child labour in the country.

Article 2(1). Scope of application, labour inspection and application of the Convention in practice. Further to its previous comments, in which the Committee expressed 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 working in the informal agricultural sector, often in hazardous conditions, the Committee notes the Government’s indication that, although the Labour Code does not cover informal work or own account work, nothing prevents labour inspectors from intervening in these sectors and that in practice they are increasingly active in the informal economy. The Government adds that, within the framework of the project to provide support and advice for migration policy (APM/GIZ) negotiated by the Ministry of Employment, Labour and Social Protection, resources and equipment have been provided to the labour inspection services (IT equipment, computers, vehicles, and so on) and labour inspectors have benefited from training on international legal instruments protecting human rights.

The Committee also notes the information provided by the Government on the results achieved within the framework of the project to reduce child labour through sustainable agriculture in Niger, including: (1) the establishment of regional dialogue frameworks for the actors involved on child labour in agriculture in four regions; (2) capacity-building for actors at the communal, departmental and regional levels in relation to action to combat child labour in agriculture through awareness-raising and training activities; and (3) the preparation of a study on occupational risks and health in agricultural work, which led to the development of a guide with recommendations relating to a list of hazardous types of work in agriculture, stock-raising and the environment (fishing). The Committee further notes that the activities of the MAP16 project in Niger include not only those related to the adoption of the Plan of Action, but also the strengthening of action to combat child labour in agriculture and the building of the institutional capacities of the principal stakeholders (National Steering Committee, child labour cells, labour inspection and the social partners). The Committee once again requests the Government to continue taking the necessary measures to ensure that all children who work, including work outside a formal employment relationship, as is the case of children who work in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee strongly encourages the Government to continue its efforts to strengthen the capacities of the labour inspection services, as well as any other supervisory bodies involved, so as to improve their direct interventions in the informal economy, particularly in the agricultural sector, and to provide information on the measures adopted and the results achieved in this context.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, in which it drew the Government’s attention to the fact that the age of completion of compulsory schooling of 16 years in Niger is higher than the minimum age for admission to employment of 14 years, the Committee notes the Government’s indication that it undertakes to take the Committee’s comments into account in the revision of Act No. 2012-45 of 25 September 2012 issuing the Labour Code. The Committee once again emphasizes that Article 2(3) of the Convention provides that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling and that, if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as they are allowed by law to work (2012 General Survey on the fundamental Conventions, para. 370). The Committee therefore urges the Government to take the necessary measures to raise the general minimum age for admission to employment or work in order to link it to the age of completion of compulsory schooling, in accordance with the requirements of the Convention. It requests the Government to provide information on the progress achieved in this respect.

The Committee is raising another matter in a request addressed directly to the Government.

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

Article 1 of the Convention. National policy. The Committee previously noted, in its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a National Plan of Action to Combat Child Labour had been developed and was being finalized. It notes the Government’s indication, in its report, that the National Plan of Action to Combat Child Labour was validated at a workshop held in Niamey on 9 and 10 January 2018. The Government also indicates that a project entitled “Reducing child labour for sustainable agriculture in Niger”, created under the tutelage of the Ministry of Agriculture and Livestock, was launched in June 2016 and will come to an end in October 2018. The general objective of this project is to reduce the number of children working in agriculture in order to contribute to the emergence of decent rural jobs and to combat rural poverty in the selected regions, with two specific objectives, which are: (i) to reduce the proportion of children engaged in hazardous work in agriculture; and (ii) to increase stakeholders’ awareness and skills regarding the risks linked to hazardous work in agriculture, as well as their effects on children’s physical and psychological development. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to indicate whether the National Plan of Action to Combat Child Labour has been formally adopted. It also requests the Government to provide information on the measures taken and the results achieved under the National Plan of Action and the “Reducing child labour for sustainable agriculture in Niger” project.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, in its replies to the Committee’s comments, the Ministry of Primary Education, Literacy, the Promotion of National Languages and Civic Education (Ministry of Primary Education) indicates that the President of the Republic has committed to guaranteeing free and compulsory education for children up to 16 years of age. It also notes that, according to the “PASEC 2014 Performance of the Education System of Niger” and the educational policy letter for the period 2013–20, education is compulsory and free for children up to 16 years of age. While taking due note of the measures taken by the Government to improve the country’s education system, the Committee notes that the minimum age for admission to employment, 14 years, is now less than the age of completion of compulsory schooling, which is 16 years. In its General Survey of 2012 on the fundamental Conventions, paragraph 370, the Committee points out that education is one of the most effective means of combating child labour and that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. It emphasizes that Article 2(3) of the Convention provides that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee requests the Government to indicate under which legislative or regulatory provisions education is compulsory and free for children up to 16 years of age and to provide a copy of the text. It also requests the Government to take the necessary measures to raise the general minimum age for admission to employment or work in order to link it with the age of completion of compulsory schooling in conformity with the Convention.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(3) of the Convention. Authorization to employ children 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 occupational health and safety committees are established in enterprises and that they are responsible for training and awareness raising on safety. The Committee notes the statement by the Government representative to the Conference Committee on the Application of Standards, according to which it is rare for child workers to be identified because occupational safety and health committees are only established in enterprises with over 50 employed persons. However, the Government indicated that a national coordination unit has been established, which has led to various activities for the training of members of occupational safety and health committees. The Conference Committee strongly encourage 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 requests the Government to provide information on the measures taken to ensure that enterprise occupational safety and health committees ensure that the working conditions of young persons between the ages of 16 and 18 years are not such as to jeopardize their health and safety, in accordance with Article 3(3) of the Convention. It also requests it to provide information on the measures taken with a view to protecting the health and safety of young persons engaged in the hazardous types of work authorized by Decree No. 67-126/MFP/T of 7 September 1967 in enterprises with fewer than 50 employed persons, in which occupational safety and health committees have not been established.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1) of the Convention. Scope of application and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that child labour exists principally 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. In June 2014, the Conference Committee on the Application of Standards called on the Government to take the necessary measures to extend the scope of application of the Labour Code to this sector. It also called on the Government to strengthen labour inspection capacities in the informal economy and to broaden the scope of its activities, and to ensure that routine inspections are conducted so as to impose penalties on those found in breach of the Convention. 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 has provided all labour inspection departments with a vehicle and has increased their budget. The Government also reported that it is ready to facilitate the conduct of an institutional audit of labour inspection and to propose action to strengthen the capacity of labour inspection in the informal economy. Finally, the Committee noted that the National Statistical Institute (INS), with support from technical and financial partners, has undertaken a national survey on employment and the informal sector (ENESI). It noted that 50.4 per cent of children between 5 and 17 years of age are engaged in work in Niger (or around 1,922,637 children), of whom 1,187,840 children are involved in hazardous types of work.

The Committee notes the Government’s indications that the Ministry of Employment, Labour and Social Security organized a meeting for managerial staff in February 2015 with a view to giving greater visibility to the action taken by the labour administration in Niger and the identification of the obstacles facing inspectors in their duties. It also notes the measures taken to reinforce labour inspection capacities, such as the current recruitment of new labour inspectors, the increase in the budgetary allowance for labour inspectorates and the establishment of new labour inspectorates. The Committee also observes that the ENESI 2012 survey shows that 40 per cent of jobs are in the informal economy, including 80 per cent of non-agricultural jobs. It further notes the Government’s indication that the ENESI survey will make it possible to improve planning at both the strategic and operational levels to combat child labour. Finally, the Committee observes 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 the ages of 5 and 14 years of age are engaged in work. Moreover, one child out of two between the ages of 5 and 11 years (50 per cent) and 77 per cent of children between the ages of 12 and 14 are engaged in agricultural work and other activities in domestic work (page 70). 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. It requests the Government to continue strengthening labour inspection capacities and training so as to enhance direct interventions in the informal economy and requests it to provide information on the measures adopted and the results achieved in this respect.

Article 2(3). Compulsory schooling. The Committee previously observed that the Conference Committee had noted the low school attendance rate and the high school drop-out rates which persist for a large number of children in Niger. Emphasizing the importance of free, universal and compulsory education in preventing and combating child labour, the Conference Committee urged the Government to strengthen its educational system, particularly by taking the necessary measures to ensure access to free basic education for all children under the minimum age, with the objective of preventing children under 14 years of age from working and reducing school drop-out rates. The Committee notes the Government’s indication that it has adopted the Sectoral Educational and Training Programme (PSEF) 2014–24.

The Committee notes the Government’s indication that the State’s commitment in the field of education has been translated into objectives in an educational policy letter for the 2013–20 decade. The Government indicates that the PSEF includes measures to encourage school attendance by girls and children who do not have access to school. The Committee deplores that, according to UNESCO’s latest 2013 estimates, the net school enrolment rate in primary education is only 63.5 per cent, and that the rate in secondary education is 18.5 per cent. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee once again requests the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment through an increase in school attendance rates for primary and secondary education and a reduction in drop-out rates. The Committee requests the Government to provide information on any new developments in this regard.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the Government’s report, and the detailed discussions held in June 2014 at the 103rd Session of the Conference Committee on the Application of Standards regarding the application by Niger of the Convention.

Article 2(1) of the Convention. Scope of application and application of the Convention in practice. 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. In addition, the Committee noted that 50.4 per cent of children between 5 and 17 years of age are working in Niger (that is about 1,922,637 children). Of these children, 1,187,840 are involved in hazardous types of work.

The Committee notes the comments made by the Worker and Employer members during the Conference Committee, which called upon the Government to focus all its attention on the issue of child labour in Niger. To this end, the Workers strongly urged the Government to establish an action plan in close cooperation with the social partners, which would give priority in particular to the elimination of child labour, especially in hazardous work. The Conference Committee, while noting the difficulties the Government faced in monitoring the informal sector, called on the Government to take the necessary measures to extend the scope of application of the Labour Code to this sector. It also called on the Government to strengthen labour inspection capacity in the informal economy and to broaden the scope of its activities, and to ensure that routine inspections are conducted so as to impose penalties on those found in breach of the Convention.

The Committee notes the Government’s indication that child labour exists principally in the informal sector. It notes the adoption of the new Labour Code of Niger of 25 September 2012 through Act No. 2012-45, but that the application of this new Code does not extend to self-employment or to work in the informal economy. The Committee notes the Government’s indication that labour inspectors are not prevented from intervening in the informal economy. However, they face difficulties in detecting child labour in this sector due to the complexity of the phenomenon and the inadequacy of their means of action. In this respect, the Ministry of Labour has equipped all labour inspection units with a vehicle and increased their budgets. The Government indicates that only the direct intervention of labour inspectors, in cooperation with the communities and other actors in the informal sector, will make it possible to eliminate child labour. To that end, the Government states that it is prepared to create the conditions necessary to carry out an institutional audit of labour inspection and to propose actions to strengthen labour inspection capacities in the informal economy.

The Committee also notes that the National Statistical Institute (INS), with the support of the technical and financial partners, conducted a national survey on employment and the informal sector in October and November 2012. The objective of the survey was to gather information in order to determine relevant indicators for the follow-up of public employment policies, to initiate the implementation of a reliable survey procedure on employment and the informal sector, and to build national capacity relating to the development, collection and analysis of data on employment and the informal sector. This study is currently being approved.

While noting the measures taken by the Government, the Committee must express its 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 intensify its efforts to combat and progressively eliminate child labour in the country, in particular in the informal economy, especially by preparing and adopting an action plan to this end in cooperation with the social partners and by continuing to build labour inspection capacity and training so as to enhance its direct interventions in the informal economy. The Committee requests the Government to provide in its next report the results of the INS survey on the informal economy and information on the impact of this survey on labour administration activities to benefit children working in the informal sector in Niger.

Article 2(3). Compulsory schooling. Further to its previous comments, the Committee notes the Worker members’ comments during the Conference Committee, according to which, while access to education has improved in Niger with an increase in the enrolment rate from 76.1 per cent in 2011 to 79.1 per cent in 2012, the rate of pupils completing primary school, at 55.8 per cent in 2012, remains relatively low. The Committee observes that the Conference Committee noted with concern that the low enrolment rate and high drop-out rate still affect many children in Niger. Emphasizing the importance of free, universal and compulsory education to prevent and combat child labour, the Conference Committee urged the Government to strengthen its education system, particularly by taking the necessary measures to ensure access to free basic education for all children under the minimum age, with the objective of preventing children under 14 years of age from working and of decreasing the school drop-out rate.

The Committee notes the Government’s information that it has adopted the sectoral programme on education and training (PSEF) 2014–24, which is an implementation strategy document. The PSEF is based on three strategic pillars, namely: a focus on activities to be performed at the local level by increasing the responsibility of teaching teams and school management committees; the recruitment of women teachers in rural areas to promote the schooling of young girls; and the implementation of incentive measures for mothers, in particular subsidies for income-generating activities to reduce the direct costs of enrolling girls in school. 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 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 asks the Government to provide information in its next report on the impact of the PSEF in this regard and on the results obtained.

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 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 notes that the Conference Committee expressed its concern at the information provided by the Government that the health and safety committees rarely detect cases of hazardous child labour when carrying out their activities. The Conference Committee strongly encouraged the Government to ensure that the health and safety committees organize awareness-raising activities and training in order to ensure that the working conditions of young persons do not endanger their safety and health, or their well-being.

The Committee notes with concern the Government’s indication that the labour inspectorate has not recorded any offences concerning work performed by young persons. The Government indicates that this is explained partly by the fact that child labour exists mainly in the informal sector. The Committee notes that at the Conference Committee the Government representative indicated that it was also rare to identify child workers because the health and safety committees are established only in enterprises with more than 50 employees. However, the Government indicates that Decree No. 365/MFT/T/DSST of 16 March 2012 established a national coordination unit, which led to various activities relating to the training of health and safety committee members, participation in the activities of the month on preventing occupational risk, capacity building of committee members, visits to enterprises together with labour inspectors, and the development and adoption of a three-year action plan (2013–15). The Committee requests the Government to intensify its efforts to ensure that the health and safety committees within enterprises oversee that the working conditions of young persons from 16 to 18 years of age do not jeopardize their safety and health, in accordance with Article 3(3) of the Convention. It urges the Government to provide information on the measures taken regarding the protection of the safety and health of young persons performing hazardous work authorized by Decree No. 67-126/MFP/T of 7 September 1967 in enterprises with fewer than 50 employees, in which the health and safety committees are not established.

Noting the difficulties faced by the Government, the Committee requests the Office to provide technical assistance in this regard.

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

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.]

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the communication of the International Trade Union Confederation (ITUC), of 31 August 2011, and the Government’s reply to the ITUC’s allegations, received on 14 November 2011.

Article 2(1) of the Convention. Scope of application. The Committee noted previously that the Labour Code does 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 Civil Service, Labour, Mines, the Interior, Justice and Child Protection. In that respect, it reminded 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.

The Committee notes the Government’s indication that a national survey of the informal economy will be organized by the National Statistical Institute (INS) in 2012 which will make it possible to measure the extent of the phenomenon of children working on their own account and will enable the labour administration to intervene more effectively in this field. The Committee requests the Government to take the necessary measures to ensure that the INS survey of the informal economy is completed effectively in the very near future and that discussions on this matter are held between the Ministries concerned. The Committee once again requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Compulsory schooling. In its previous comments, the Committee noted that the Ten-year Educational Development Programme (PDDE), drawn up in 2002, aimed at achieving an 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between boys and girls.

However, 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, while commending the major efforts made by Niger to expand access to primary education, as well as the increase in the access of girls to education, the building of new educational infrastructures in rural areas and the training programmes for teachers, expressed concern at the poor quality of the education system, the high drop-out rate and weak gender equity in education. The Committee also observed that the low rate of school attendance of children between 7 and 12 years of age shows that a significant number of children drop out of school well before attaining the minimum age for admission to employment and are on the labour market.

The Committee notes the Government’s indication that it is continuing its ceaseless efforts in the field of education and that encouraging results have already been obtained in that respect. As a result, according to the Government, the growth in the gross school attendance rate in primary school, which was 57.1 per cent (47.7 per cent for girls and 66.7 per cent for boys) in 2006–07, rose to 67.8 per cent (58.6 per cent for girls and 77 per cent for boys) in 2008–09. However, the Committee notes 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 are engaged in types of child labour to be abolished, at an age when they are supposed to be at school, as school attendance is compulsory up to 14 years. According to the ENTE, 22.8 per cent of children between the ages of 7 and 11 years and 23 per cent of children aged 12 and 13 years do not attend school because they consider that education is not useful, while 18.7 per cent of children between the ages of 7 and 11 years and 15 per cent of children aged 12 and 13 do not attend school because they assist with household work. Despite the efforts made by the Government, the Committee expresses its concern at the persistence of the low rates of school attendance. It observes that poverty is one of the primary causes of child labour and, when combined with a defective education system, prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system 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 reduce the school drop-out rate, particularly for girls, with a view to preventing children under 14 years of age from working. The Committee further requests the Government to continue providing information on the results achieved.

Article 3(3). Authorization to employ young persons in hazardous work from the age of 16 years. In its previous comments, the Committee noted that Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age in certain types of hazardous work. It also noted that health and safety committees have been 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 needs to be made between three categories of young persons: those whose activities are 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 of transmission of practical knowledge. With regard to the latter 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.

Once again noting the absence of information in the Government’s report, the Committee once again recalls that, in addition to the requirement of training, Article 3(3) of the Convention allows employment or work by young persons as from the age of 16 years in hazardous types of work only on the condition that their health, safety and morals are fully protected. 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 safety and health committees ascertain that the conditions of work of young persons aged between 16 and 18 years do not jeopardize their health and safety. It once again requests 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 the Government’s indication that studies were being conducted in the country, including the ENTE undertaken by the INS in collaboration with ILO–IPEC and in partnership with a consortium of NGOs, and that the Government would provide the findings of the ENTE when they were published.

The Committee notes the allegations by the ITUC that 46 per cent of children of school age are engaged in work under arduous conditions and perform types of work which exceed their physical capacities. Children also frequently work with their families in rural areas and participate in work in fields, crushing cereals, tending animals, seeking firewood and water.

The Committee notes the Government’s indication in its reply to the ITUC’s allegations that the rate of 46 per cent alleged by the ITUC is only an approximate figure.

However the Committee notes that, according to the findings of the ENTE, children who were economically active in 2009 represented 50.4 per cent of children between the ages of 5 and 17 years 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 the children aged between 5 and 17 years who are economically active, that is 1,604,236 children, are engaged in types of work to be abolished (i.e. all types of work that are prohibited by the Convention). Of these, 1,187,840 children are involved in hazardous types of work. In other words, nearly two out of three children (61.8 per cent) between the ages of 5 and 17 who are economically active perform their work under hazardous conditions, with the rate being 63.6 per cent of children between the ages of 5 and 11 years and 57.9 per cent of children aged 12 and 13. The findings of the ENTE also indicate that children engaged in the types of work to be abolished mostly work in domestic service (65.5 per cent of children between the ages of 5 and 11 years and 44.5 per cent of children aged 12 and 13), trade (16.7 per cent of children between the ages of 5 and 11 years and 21.7 of children aged 12 and 13), agriculture (12.8 per cent of children between the ages of 5 and 11 years and 18.3 per cent of children aged 12 and 13) and industry (3.8 per cent of children between the ages of 5 and 11 years and 6.2 per cent of children aged 12 and 13). The Committee 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 and work, and that the significant proportion of these children who work under hazardous conditions. It strongly encourages the Government to intensify its efforts to improve the situation with regard to child labour in the country and requests it to continue providing 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. It requests the Government to provide statistical data in its next report disaggregated by sex and age group, on the nature, extent and trends of child labour and work by young persons under the minimum age specified by the Government when ratifying the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication of the International Trade Union Confederation (ITUC), of 31 August 2011, and the Government’s reply to the ITUC’s allegations, received on 14 November 2011.

Article 2(1) of the Convention. Scope of application. The Committee noted previously that the Labour Code does 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 Civil Service, Labour, Mines, the Interior, Justice and Child Protection. In that respect, it reminded 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.

The Committee notes the Government’s indication that a national survey of the informal economy will be organized by the National Statistical Institute (INS) in 2012 which will make it possible to measure the extent of the phenomenon of children working on their own account and will enable the labour administration to intervene more effectively in this field. The Committee requests the Government to take the necessary measures to ensure that the INS survey of the informal economy is completed effectively in the very near future and that discussions on this matter are held between the Ministries concerned. The Committee once again requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Compulsory schooling. In its previous comments, the Committee noted that the Ten-year Educational Development Programme (PDDE), drawn up in 2002, aimed at achieving an 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between boys and girls.

However, 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, while commending the major efforts made by Niger to expand access to primary education, as well as the increase in the access of girls to education, the building of new educational infrastructures in rural areas and the training programmes for teachers, expressed concern at the poor quality of the education system, the high drop-out rate and weak gender equity in education. The Committee also observed that the low rate of school attendance of children between 7 and 12 years of age shows that a significant number of children drop out of school well before attaining the minimum age for admission to employment and are on the labour market.

The Committee notes the Government’s indication that it is continuing its ceaseless efforts in the field of education and that encouraging results have already been obtained in that respect. As a result, according to the Government, the growth in the gross school attendance rate in primary school, which was 57.1 per cent (47.7 per cent for girls and 66.7 per cent for boys) in 2006–07, rose to 67.8 per cent (58.6 per cent for girls and 77 per cent for boys) in 2008–09. However, the Committee notes 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 are engaged in types of child labour to be abolished, at an age when they are supposed to be at school, as school attendance is compulsory up to 14 years. According to the ENTE, 22.8 per cent of children between the ages of 7 and 11 years and 23 per cent of children aged 12 and 13 years do not attend school because they consider that education is not useful, while 18.7 per cent of children between the ages of 7 and 11 years and 15 per cent of children aged 12 and 13 do not attend school because they assist with household work. Despite the efforts made by the Government, the Committee expresses its concern at the persistence of the low rates of school attendance. It observes that poverty is one of the primary causes of child labour and, when combined with a defective education system, prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system 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 reduce the school drop-out rate, particularly for girls, with a view to preventing children under 14 years of age from working. The Committee further requests the Government to continue providing information on the results achieved.

Article 3(3). Authorization to employ young persons in hazardous work from the age of 16 years. In its previous comments, the Committee noted that Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age in certain types of hazardous work. It also noted that health and safety committees have been 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 needs to be made between three categories of young persons: those whose activities are 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 of transmission of practical knowledge. With regard to the latter 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.

Once again noting the absence of information in the Government’s report, the Committee once again recalls that, in addition to the requirement of training, Article 3(3) of the Convention allows employment or work by young persons as from the age of 16 years in hazardous types of work only on the condition that their health, safety and morals are fully protected. 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 safety and health committees ascertain that the conditions of work of young persons aged between 16 and 18 years do not jeopardize their health and safety. It once again requests 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 the Government’s indication that studies were being conducted in the country, including the ENTE undertaken by the INS in collaboration with ILO–IPEC and in partnership with a consortium of NGOs, and that the Government would provide the findings of the ENTE when they were published.

The Committee notes the allegations by the ITUC that 46 per cent of children of school age are engaged in work under arduous conditions and perform types of work which exceed their physical capacities. Children also frequently work with their families in rural areas and participate in work in fields, crushing cereals, tending animals, seeking firewood and water.

The Committee notes the Government’s indication in its reply to the ITUC’s allegations that the rate of 46 per cent alleged by the ITUC is only an approximate figure.

However the Committee notes that, according to the findings of the ENTE, children who were economically active in 2009 represented 50.4 per cent of children between the ages of 5 and 17 years 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 the children aged between 5 and 17 years who are economically active, that is 1,604,236 children, are engaged in types of work to be abolished (i.e. all types of work that are prohibited by the Convention). Of these, 1,187,840 children are involved in hazardous types of work. In other words, nearly two out of three children (61.8 per cent) between the ages of 5 and 17 who are economically active perform their work under hazardous conditions, with the rate being 63.6 per cent of children between the ages of 5 and 11 years and 57.9 per cent of children aged 12 and 13. The findings of the ENTE also indicate that children engaged in the types of work to be abolished mostly work in domestic service (65.5 per cent of children between the ages of 5 and 11 years and 44.5 per cent of children aged 12 and 13), trade (16.7 per cent of children between the ages of 5 and 11 years and 21.7 of children aged 12 and 13), agriculture (12.8 per cent of children between the ages of 5 and 11 years and 18.3 per cent of children aged 12 and 13) and industry (3.8 per cent of children between the ages of 5 and 11 years and 6.2 per cent of children aged 12 and 13). The Committee 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 and work, and that the significant proportion of these children who work under hazardous conditions. It strongly encourages the Government to intensify its efforts to improve the situation with regard to child labour in the country and requests it to continue providing 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. It requests the Government to provide statistical data in its next report disaggregated by sex and age group, on the nature, extent and trends of child labour and work by young persons under the minimum age specified by the Government when ratifying the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(3) of the Convention. Compulsory schooling. In its previous comments, the Committee had noted that, according to the report on basic education statistics for 2005–06 provided by the Government, the net school attendance rates for children between 7–12 years of age was 54.1 per cent for boys and 37.8 per cent for girls, with an average figure of 45.8 per cent. The Committee observed that poverty was one of the prime causes of child labour and when combined with a deficient education system it hampers the development of children. It therefore encouraged the Government to renew its efforts to combat child labour, especially by stepping up measures to increase the school attendance rate and reduce the school drop-out rate.

The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), according to which the net school attendance rate for children between 7–12 years of age increased to 53.5 per cent (61.3 per cent for boys and 45.6 per cent for girls) in 2008. The Government adds that Koranic schools have been renovated and centres for Koranic awareness established in all the regions of the country. The Committee further notes that, according to the second periodic report submitted by Niger to the Committee on the Rights of the Child (CRC) on 20 November 2008 (CRC/C/NER/2, paragraphs 321–325), the Ten-year Educational Development Programme (PDDE), drawn up in 2002, aimed at achieving 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between girls and boys.

The Committee however notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 66), the CRC, while commending the major efforts made by Niger to expand access to primary education, as well as the increase in the access of girls to education, the building of new educational infrastructures in rural areas and the training programmes for teachers, expressed concern at the poor quality of the education system, the high drop-out rate and weak gender equity in education. The Committee is of the view that compulsory schooling is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment or work (14 years in Niger) to the age of completion of compulsory education. If the two do not coincide various problems may arise. If schooling ends before young persons may work legally, there may be an enforced period of idleness (see the General Survey of 1981 on minimum age, ILC, 67th Session, Report III (Part 4B), paragraph 140). The Committee therefore considers it desirable to ensure that schooling is compulsory up to the minimum age of admission to employment, in accordance with Paragraph 4 of the ILO Minimum Age Recommendation, 1973 (No. 146).

The Committee also observes that the low rate of school attendance of children between 7–12 years of age shows that a significant number of children drop out of school well before attaining the minimum age for admission to employment and are on the labour market. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the education system in the country, particularly by envisaging increasing the age of completion of compulsory schooling so that it coincides with the age of admission to employment or work (14 years). The Committee also requests the Government to take measures to increase the school attendance rate and reduce the school drop-out rate, particularly for girls, with a view to preventing children under 14 years of age from working. The Committee further requests the Government to continue providing information on the results achieved.

Article 2(1). Scope of application. The Committee had previously observed that the Labour Code did not apply to types of employment or work performed by children outside an enterprise, such as self-employed children. It noted the Government’s indication that widening 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 Civil Service, Labour, Mines, the Interior, Justice and Child Protection. The Committee expressed the hope that discussions on this issue would take place between these ministries. It reminded 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. Noting the absence of information in the Government’s report on this subject, the Committee requests the Government to take measures to ensure that discussions are held on this subject between the Ministries of the Civil Service, Labour, Mines, the Interior, Justice and Child Protection, and it requests the Government to provide information on any progress made in this respect. The Committee also once again requests the Government to provide information on the manner in which the protection laid down by the Convention is ensured where there is no employment relationship, especially in cases of children working on their own account or in the informal economy. In this regard, the Committee strongly encourages the Government to envisage the possibility of assigning special powers to labour inspectors with regard to children who work on their own account or in the informal economy.

Article 3(3). Authorization to employ young persons in hazardous work from the age of 16 years. In its previous comments, the Committee had noted that Decree No. 67-126/MFP/T of 7 September 1967 authorizes the employment of young persons over 16 years of age in certain types of hazardous work. It also noted that health and safety committees had been established in enterprises and that they were responsible for training and awareness raising on safety. The Committee observed that these committees did 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 had to be made between three categories of young persons: those whose activities are 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 had also been trained under this system of transmission of practical knowledge. With regard to the latter 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 once again the lack of information in the Government’s report, the Committee recalls that, in addition to the requirement of training, Article 3(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. It therefore urges the Government to take the necessary measures to ensure that enterprise safety and health committees ascertain that the conditions of work of young persons aged between
16–18 years do not jeopardize their health and safety. It requests the Government to provide information in this respect in its next report.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government’s indication that studies were being conducted in the country, including a national study on child labour in Niger undertaken by the National Institute of Statistics, in collaboration with ILO–IPEC, and in partnership with a consortium of NGOs.

The Committee notes the Government’s indication that the National Survey on Child Labour (ENTE) has been undertaken with the support of ILO–IPEC and is currently being processed. In its report provided to the Office under Convention No. 182, the Government indicates that it will provide the findings of the ENTE once they have been published. The Committee trusts that the findings of the ENTE will be published in the very near future and accordingly requests the Government to provide statistical data disaggregated by sex and by age group in its next report concerning the nature, extent and trends of work by children and young persons who are engaged in work below the minimum age specified by the Government when ratifying the Convention.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It also notes the discussion held in June 2005 in the Conference Committee on the Application of Standards on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) by Niger, and particularly the use of children for begging, in hazardous types of work in mines and quarries, and the sale and trafficking of children in Niger for sexual and economic exploitation. The Committee further notes the report of the high-level fact-finding mission which visited Niger from 10‑20 January 2006 at the request of the Conference Committee on the Application of Standards. With regard to the use of children in hazardous types of work, the Committee refers to the comments that it is making under Convention No. 182.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the information provided by the Government that the political instability experienced by Niger had prevented the achievement of several objectives, including the “training and employment programme”. However, the Government indicated that a national discussion on education would lead to a reform of the school system with a view to the full integration of schools in Niger, particularly through the reinforcement of vocational training centres. The Government also indicated that the public authorities were to carry out information and awareness-raising activities on the danger to society of work performed by young persons who have not reached the age required for access to employment, particularly in the informal economy. The Committee requested the Government to indicate any developments in this respect.

The Committee notes that, in its report, the high-level fact-finding mission indicates that, as Niger is one of the poorest countries, the Government should “place employment at the heart of any poverty reduction strategy”. The mission also indicates that a process “of raising awareness and training on the problems related to child labour” needs to be undertaken. The mission adds that the issue of education “recurs like a leitmotif”. The Committee notes the information provided by the Government in its report according to which, as child labour has its roots in poverty, it intends to combat the phenomenon through the following strategies: the adoption of a global poverty reduction policy; the implementation of a policy of compulsory and free schooling for children, particularly girls, up to the age of at least 16, and a policy of vocational and technical training for young persons, especially through the establishment of three additional vocational and technical training centres in Zinder, Tahoua and Maradi from the beginning of the 2005-06 school year; and by undertaking information and awareness-raising campaigns in collaboration with ILO/IPEC, PAMODEC, civil society (NGOs and associations) and opinion-formers in the population (traditional and religious chiefs) on the danger represented by child labour for the future of families, populations and the country as a whole.

The Committee notes with interest that the Government is participating in the ILO/IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa (2005-06)”, in which Benin, Burkina Faso, Madagascar, Mali, Morocco, Senegal and Togo are also participating. It notes that the general objective of the project is to contribute to the abolition of child labour through three immediate objectives, namely: strengthening the capacities of national partners; awareness raising and social mobilization; and direct action to prevent and combat child labour. In this respect, the Committee notes that, according to the information available to the Office, the Government has undertaken several activities, some of which relate to the strengthening of the capacities of implementing agencies and of the members of the National Steering Committee; raising awareness of children, parents, employers, traditional chiefs, political decision-makers and the population in general of the problem of child labour; and support for vocational training in rural areas. In the context of the project, around 100 children have been removed or withdrawn for prevention purposes from exploitative work through an education and training service, and over 4,800 children and around 195 families have received direct assistance. The Committee further notes that the Government is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mines in West Africa (2005-08)” in which Burkina Faso is also participating. The specific objective of this project is to remove children from gold mines in Niger and Burkina Faso while, at the same time, establishing structures for the prevention of child labour and supporting local action, particularly measures to improve the security and income of adults working in mines.

The Committee takes due note of the measures adopted by the Government to eliminate child labour. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. The Committee considers that, in order to combat the phenomenon of child labour effectively, it is essential for the Government to take measures so that working children can be integrated into the formal and informal school system, apprenticeship or vocational training while at the same time, implementing supporting measures for the reduction of poverty. It encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the project referred to above and the results achieved in terms of the progressive abolition of child labour and access to education.

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code does not apply to types of employment or work performed by children outside an enterprise. The Committee reminded the Government that the Convention applies to all sectors of economic activity and that it covers all types of employment and work, whether or not there is a contractual employment relationship. It requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured where there is no contractual employment relationship, such as work by children on their own account. The Committee notes the information provided by the Government that the extension of the scope of application of labour regulation to children working on their own account requires formal collaboration between the Ministries of the Public Service, Labour, Mines, the Interior, Justice and the Protection of Children. The Committee hopes that the Government will take the necessary measures to ensure that discussions on this issue are held between the Ministries referred to above and requests it to provide information on any progress achieved in this respect.

Article 3, paragraph 3. Authorization to employ young persons in hazardous types of 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. The Government indicated that, in practice, young persons under 18 years of age are not admitted to employment in mines, quarries and hazardous types of work. It added that health and safety committees had been established in enterprises and that one of their functions was 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. It requested the Government to indicate whether young persons who are authorized to work from the age of 16 years in these types of employment or work receive adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the information provided by the Government to the effect that a distinction has to be made between three categories of young persons. In the first place, there are those whose activity is performed in the context of a formal school curriculum, namely: students in vocational and technical training schools; those who work in the context of an apprenticeship contract, under the direction of 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 of the transmission of practical knowledge. 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. With regard to young persons trained in the context of the traditional system of the transmission of knowledge, the Committee requests the Government to provide information on the manner in which safety and health committees ensure that the conditions for the work performed by young persons are not such as to jeopardize their health or safety.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the Government’s indications that, in all sectors, there was no work by young persons under 18 years of age and that the inspection reports did not refer to any violation of the applicable regulation. The Committee however noted that, according to the information available to the Office and the surveys carried out by ILO/IPEC, at the request of the authorities of Niger, 31 per cent of children who worked were between 10 and 12 years of age, and 54 per cent between 13 and 14. The Committee drew the Government’s attention to the fact that it is essential to have available precise data, both to develop the most effective systems possible to combat work by children under 14 years of age and to evaluate reliably the effectiveness of these systems. The Committee hoped that the Government would take measures to identify children who work and to reinforce the mechanisms of the law. It requested it to provide information in its next report on the manner in which the Convention is applied in practice.

The Committee notes the Government’s indications that work by young persons under 18 years of age is not common in modern socio-economic sectors and that the periodic reports of the activity of labour inspectors do not indicate violations to the relevant regulations. Furthermore, there are no reliable statistics on the employment of children and young persons. The Committee observes that the existence of technical cooperation projects to eliminate child labour demonstrates that the phenomenon exists in Niger. The Committee notes that, in its report, the high-level fact-finding mission identifies a “lack of reliable data making it possible to quantify precisely the scope and characteristics” of the problem of child labour. The mission therefore suggests that “objective and scientific surveys should be conducted with the involvement of all those concerned”.

According to the information available to the Office, a diagnostic survey is being undertaken in the two urban zones of Maradi and Niamey and in the two rural areas of Kollo and Boboye. Furthermore, a pilot study on work by girls in mines and quarries is also being undertaken. The Committee requests the Government to provide information on the findings of the above studies and on the manner in which the Convention is applied in practice, including, for instance, statistical data disaggregated by age and gender and information on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, as well as extracts from the reports of the inspection services.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports. It also notes the ratification by Niger on 23 October 2000 of the Worst Forms of Child Labour Convention, 1999 (No. 182), and the adoption of Ordinance No. 96-039 of 29 June 1996 issuing the Labour Code.

Article 1 of the Convention. The Committee notes the information provided by the Government in its report of 2001 according to which the political instability experienced by Niger for nearly a decade has prevented the achievement of several objectives, including the "training and employment programme". However, it notes that in its 2003 report, the Government indicates that a national discussion on education will lead to a reform of the school system with a view to the full integration of schools in Niger through the reinforcement of vocational training centres. These measures will make it possible for young persons who have reached adulthood and have completed courses at vocational training centres to find suitable jobs in relation to the training received. The Committee notes the information provided by the Government that the public authorities will have to carry out information and awareness-raising activities on the danger to society of work performed by children who have not reached the age required for access to employment, particularly in the informal sector. The Committee requests the Government to indicate any developments in this respect.

Article 2, paragraph 1. Scope of application. The Committee notes that section 99 of the Labour Code provides that children may not be employed in an enterprise, even as apprentices, before the age of 14 years, without a derogation issued by decree after consultation of the Labour Advisory Commission, taking into account local circumstances and the tasks that they may be requested to perform. The Committee notes that, in accordance with this provision, the Labour Code does not apply to types of employment or work performed by children outside an enterprise. It reminds the Government that the Convention applies to all sectors of economic activity and that it covers all types of employment and work, whether or not there is a contractual employment relationship. The Committee requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing employment or work other than in an enterprise, particularly where there is no contractual employment relationship, such as work by a child on her or his own account. The Committee also requests the Government to indicate whether decrees authorizing derogations have been adopted on the basis of section 99 of the Labour Code and, if so, to provide copies thereof.

Article 2, paragraph 5. Persistence of reasons for specifying a minimum age of 14 years. The Committee notes the information provided by the Government in its reports in 2001 and 2003, according to which the reasons which led it to specify a minimum age for admission to employment or work at 14 years persist. In this respect, the Government refers to the fact that Niger is classified as one of the poorest countries and that the political events and the devaluation of the CFA franc in 1994 greatly contributed to the meltdown of the economy of Niger. Moreover, the national situation has affected school attendance, which explains the classification of Niger in the lowest rank of countries in the subregion, with a rate of 34.10 per cent. The Committee would be grateful if the Government would continue providing information on the reasons for its decision to specify a minimum age of 14 years for admission to employment or work, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 3. 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. In this respect, the Committee recalled that under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. In its report in 2003, the Government indicates that, in practice, children aged under 18 years are not admitted to employment in mines, quarries or hazardous types of work. It adds that it is an important innovation in this respect that health and safety committees have been established in enterprises, and that one of the functions of these committees is training and information in safety. While noting the information provided by the Government, the Committee notes that the above committees do not appear to provide adequate specific instruction or vocational training in the relevant branch of activities. It once again requests the Government to indicate whether the young persons who are authorized to work from the age of 16 years in these types of employment or work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention. It also requests the Government to indicate whether consultations were held with the organizations of employers and workers concerned.

Article 9. The Committee notes that section 330(2) of Ordinance No. 96-039 issuing the Labour Code provides that, in cases of violations of section 99 (which establishes the minimum age for admission to employment), there shall be no liability to sanctions where the violation was a result of an error relating to the age of children committed when establishing the workbook. The Committee requests the Government to indicate the type of error relating to the age of children envisaged by this legislation. It requests it to indicate whether violations of section 99 of the Labour Code have been reported and, if so, whether sanctions have been applied.

Part V of the report form. It its report for 2003, the Government indicates that, in all sectors, there is no work by children under 18 years of age and that the inspection reports do not refer to any violation of this rule. However, according to the surveys carried out by the International Programme on the Elimination of Child Labour (IPEC) in 1998 at the request of the authorities of Niger, 31 per cent of children who worked were between 10 and 12 years of age, and 54 per cent between 13 and 14. The Committee draws the Government’s attention to the fact that it is essential to have available precise data, both to develop the most effective systems possible to combat work by children aged under 14 years and to evaluate reliably the effectiveness of these systems. The Committee hopes that the Government will take measures to identify children who work and to reinforce the mechanisms of the law. It requests the Government to provide information in its next report on the manner in which the Convention is applied, including, for example, statistics on the employment of children and young persons, extracts from the reports from the inspection services and information on the number and nature of the violations reported.

The Committee notes the general report on the work of the Labour Advisory Commission indicating that in March and April 2002 it examined the draft decree issuing regulations under the Labour Code. The Committee requests the Government to provide a copy of the draft decree and to inform it when it is adopted.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request, which read as follows:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points:

Article 1 of the Convention.  The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a)  the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b)  the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1.  The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5.  The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3.  The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers’ and workers’ organizations concerned.

Article 8.  In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points:

Article 1 of the Convention. The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5. The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organizations concerned.

Article 8. In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which, employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points.

Article 1 of the Convention. The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5. The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organizations concerned.

Article 8. In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which, employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points.

Article 1 of the Convention. The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5. The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organizations concerned.

Article 8. In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which, employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points.

Article 1 of the Convention. The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5. The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organizations concerned.

Article 8. In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which, employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in the Government report. It also notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points.

Article 1 of the Convention. The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5. The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organizations concerned.

Article 8. In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which, employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in reply to its general direct request. It notes, however, that the Government's report does not contain a reply to its previous comments. The Committee hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:

The Committee notes that the legislation has not yet been amended in order to give fuller effect to the Convention. The Government states, however, that it is prepared to take the Committee's comments into account in the current revision of the Labour Code and the Inter-Occupational Collective Agreement. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made in the application of the following provisions of the Convention:

Article 1 of the Convention. The Committee recalls the provisions of Part I of Recommendation No. 146 (Paragraphs 1-5) which state that high priority should be given to planning for and meeting the needs of children and youth in national development policies and programmes. The Committee asks the Government to supply information on:

(a) the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b) the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that under section 116 of the Labour Code, children under 14 years of age are prohibited from working in enterprises unless an exemption is issued by Decree, following an opinion of the Advisory Labour Committee. The Committee requests the Government to indicate whether recourse has been had to this provision which authorises exceptions and, if so, to provide a copy of the Decrees adopted.

Paragraph 5. The Government is requested to supply the information required by this clause of the Convention in its future reports.

Article 3, paragraph 2. Under section 138 of Decree No. 67-126/MFP/T of 7 September 1967, definitions regarding the dangerous nature of work rest with the labour inspector and may be appealed before the competent Minister following an opinion of the Technical Advisory Committee on Health and Safety. The Committee wishes to stress that Article 3, paragraph 2, requires the types of employment or work likely to jeopardise the health, safety or morals of young persons to be determined by national laws or regulations after consultation with the organisations of employers and workers concerned. The Committee hopes that the Government will indicate the measures taken in the revision of the Labour Code, stating the types of employment or work that are considered to be dangerous and therefore require specification of a higher minimum age for admission to employment. It also asks the Government to provide information on the consultations that have been held on this subject with the organisations of workers and employers concerned.

Article 3, paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. It hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorised to engage in work likely to jeopardise their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organisations concerned.

Article 8. Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorise the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organisations of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which and prescribe the conditions under which employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes from the Government's reply to its previous direct request that the legislation has not yet been amended in order to give fuller effect to the Convention. The Government states, however, that it is prepared to take the Committee's comments into account in the current revision of the Labour Code and the Inter-Occupational Collective Agreement. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made in the application of the following provisions of the Convention.

Article 1 of the Convention. The Committee notes that the Government's report contains no further information on efforts to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee recalls the provisions of Part I of Recommendation No. 146 (Paragraphs 1-5) which state that high priority should be given to planning for and meeting the needs of children and youth in national development policies and programmes. The Committee asks the Government to supply information on:

(a)the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b)the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1. The Committee notes that under section 116 of the Labour Code, children under 14 years of age are prohibited from working in enterprises unless an exemption is issued by Decree, following an opinion of the Advisory Labour Committee. The Committee asks the Government to indicate whether recourse has been had to this provision which authorises exceptions and, if so, to provide a copy of the Decrees adopted.

Paragraph 5. The Government is requested to supply the information required by this clause of the Convention in its future reports.

Article 3, paragraph 2. Under section 138 of Decree No. 67-126/MFP/T of 7 September 1967, definitions regarding the dangerous nature of work rest with the labour inspector and may be appealed before the competent Minister following an opinion of the Technical Advisory Committee on Health and Safety. The Committee wishes to stress that Article 3, paragraph 2, requires the types of employment or work likely to jeopardise the health, safety or morals of young persons to be determined by national laws or regulations after consultation with the organisations of employers and workers concerned. The Committee hopes that the Government will indicate the measures taken in the revision of the Labour Code, stating the types of employment or work that are considered to be dangerous and therefore require specification of a higher minimum age for admission to employment. It also asks the Government to provide information on the consultations that have been held on this subject with the organisations of employers and workers concerned.

Paragraph 3. The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. It hopes that, in its next report, the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorised to engage in work likely to jeopardise their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers' and workers' organisations concerned. The Committee takes note of the information provided by the Government on the practical effect given to this provision.

Article 8. Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorise the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organisations of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which and prescribe the conditions in which employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.