Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 117) sur la politique sociale (objectifs et normes de base), 1962 - Niger (Ratification: 1964)

Parts I and II of the Convention. Articles 2–5. Improvement of standards of living. The Committee notes the information provided by the Government of the Niger in reply to its direct request of 2014. In its report, the Government refers to the adoption of Act No. 2018-22 of 27 April 2018 setting out the basic principles of social protection. The Committee notes with interest the adoption of this Act, which aims to guarantee social protection for persons actually or potentially at risk, in accordance with the national social protection policy, ensuring “the full enjoyment of their basic human rights”. The Committee notes that the Act provides for and guarantees, firstly, the access of this part of the population to healthy, balanced and adequate nutrition (section 7), secondly, their access to education in decent conditions and the right to lifelong and inclusive training education (section 8) and, lastly, their right to social security coverage with free medical and healthcare (section 19). The Committee notes that, for the population in general, the Government has also implemented various programmes with a view to reducing disparities in living standards between regions, particularly the implementation of a system of social safety nets in the five poorest regions of the country. The Committee further notes the deployment of several programmes designed to improve the quality of life of the population by leveraging different mechanisms to prevent situations of food and nutrition insecurity and crisis, and guarantee the long-term access of the population to affordable food and sources of drinking water. In particular, the Committee notes the progress made by Niger with regard to health, including the reduction in maternal mortality (which fell from 648 per 100,000 live births in 2012 to 553 per 100,000 live births in 2015, according to the World Factbook), and infant mortality (which fell from 198 per 1,000 live births in 2006 to 114 per 1,000 live births in 2015). The Committee also notes the progress made with regard to drinking water, demonstrated, inter alia, by the improved rate of access to drinking water, which, in 2014, reached 88.75 per cent in urban areas and 77.1 per cent in rural areas. The Committee notes the adoption in 2014 of the Operational Strategy for the Promotion of Hygiene and Sanitation (SOPHAB), which led to the construction of basic sanitation infrastructure (18,941 household latrines, 2,221 public and school latrines, and 1,385 water facilities were constructed in 2015, benefiting 1,005 villages and 513,932 people). The Committee also notes the information provided by the Government on the results achieved through the implementation of the Accelerated Development and Poverty Reduction Strategy (SDRP 2008–12), which is directed to the well-being and development of the population and to the promotion of its desire for social progress. The Committee also notes the adoption of the Niger’s Vision for 2035, as reflected in the Sustainable Development and Inclusive Growth Strategy (SSDDCI – 2035) and the Economic and Social Development Plan (PDES 2017–2021), which aims, inter alia, to ensure food and nutritional security, develop communication and energy infrastructure, develop the social sectors of education and health and promote youth employment (Article 1). However, the Committee notes that the Government has not provided specific information in response to its direct request of 2017 regarding the impact of the implementation of the Decent Work Country Programme 2012–15 regarding living conditions in rural areas, productive capacity and improving standards of living of workers in the informal economy (Articles 3 and 4 of the Convention). The Committee requests the Government to provide detailed and updated information, including statistics disaggregated by sex, age and region, regarding the results achieved in reducing regional disparities and improving the standards of living of the population, including workers in rural areas and those working in the informal economy. The Committee also requests the Government to provide information on the application of Act No. 2018-22 of 27 April 2018, particularly regarding young persons and persons with disabilities, and provide a copy of that Act to the Office.

Part III of the Convention. Articles 6–9. Provisions concerning migrant workers. The Committee notes the Niger’s participation in the Valetta Summit on Migration, held in Malta in November 2015, with the aim of identifying adequate solutions to the problem of irregular migration in recent years, particularly of women and children to Algeria and young persons to Libya, which exposes them to the risk of exploitation. In this context, the Government refers to the establishment of an interministerial committee tasked with formulating a national policy on migration for Niger by Order No. 235/MI/SP/D of 13 July 2007. The Government also reports the conclusion of an agreement with Saudi Arabia guaranteeing a minimum set of rights for workers from the Niger in Saudi Arabia (access to vocational guidance and training, minimum age for admission to employment, employment of women, trade union membership and collective bargaining, remuneration, working hours, rest periods, paid leave, occupational safety and health measures, apprenticeship and training). However, the Government indicates that this agreement has been suspended for almost a year by the Government of the Niger due to the failure of the Saudi Arabian Government to comply with certain clauses. The Committee requests the Government to provide information on the progress made regarding the development and adoption of the “National Migration Policy of the Niger”, and to provide a copy of this text once it is adopted. The Committee also requests the Government to indicate whether the migration agreement concluded with Saudi Arabia provides for migrant workers to enjoy protection and advantages not less than those enjoyed by workers resident in the Niger, as well as facilities for enabling migrant workers to transfer part of their wages and savings to their homes, and whether the Government has concluded other agreements of this type (Article 8). The Committee also invites the Government to indicate the measures taken to ensure that the conditions of migrant workers living away from their homes take account of their normal family needs (Article 6).

Part IV. Remuneration of workers. Advances on wages. The Committee notes the information provided by the Government regarding the practical implementation and transposition into national law of Articles 10 and 11 of the Convention. The Committee invites the Government to indicate the measures taken or envisaged: to ensure that the employers and workers concerned are informed of the minimum wage rates in force and that wages are not paid at less than these rates in cases where they are applicable (Article 10(3)); to guarantee that wages are paid regularly at such intervals as will lessen the likelihood of indebtedness among the wage earners (Article 11(6)); and to inform the workers of their wage rights, to prevent any unauthorised deductions from wages and to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof (Article 11(8)).