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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces and public servants to leave the service. In its previous comments, the Committee pointed out that public servants, including voluntary career personnel of the armed forces cannot be deprived of the freedom to leave the service within a reasonable period, either at specified intervals or with previous notice, and that any provisions of the legislation which in practice required workers to stay on in their jobs are contrary to the Convention. It asked the Government to provide additional information on the following points.

Career members of the armed forces. According to the provisions of Title VI (Service relations) of Ordinance No. 99–62 of 20 December 1999 issuing the conditions of service of military personnel in the armed forces of Niger and of the national gendarmerie, non-commissioned officers, members of the gendarmerie and rank and file members of the armed forces are covered by renewable fixed‑term contracts (or commissions). Officers remain in active service up to the age limit for their grade. According to section 21 of the Ordinance, the resignation of career members of the armed forces is still subject to the approval of the appointing authority (as was the case under Decree No. 079-23/PCMS/MDN of 1 March 1979). The authority could thus refuse the resignation of a member of the armed forces, thereby compelling him to continue in service. The Committee requested the Government to specify the duration of the contracts of non-commissioned officers, members of the gendarmerie and rank and file members of the armed forces, and the manner in which these contracts are renewed, and to state whether these persons may resign before the expiry of the contracts. It also asked the Government to send information on the procedure to be followed by officers wishing to resign, and on the principles applied by the competent authority in ruling on applications to resign.

Public servants. According to section 52 of Ordinance No. 89-18 of 8 December 1989 issuing the general regulations of the public service, and section 153 of its implementing decree (Decree No. 91-110/PRN/MFP/T of 26 June 1991), the appointing authority must decide within four months whether to accept or reject a public servant’s application to resign. The Committee requested the Government to indicate the grounds on which the appointing authority may refuse such an application, and to provide any relevant texts on this matter (regulations, circulars, etc.).

In its report for 2005, the Government merely states that acceptance of the resignation of public servants and members of the armed forces and the gendarmerie, while still subject to a time limit, depends on the post in question and its technical or strategic importance for the public administration or the army. The Committee takes note of this information and reminds the Government that public servants or members of the armed forces can be required to remain in their jobs only in the event of an emergency within the meaning of Article 2(2)(d) of the Convention. In these circumstances, and so that it can be assured that these public servants may leave their service within a reasonable period, either at specified intervals or with previous notice, the Committee requests the Government to provide further information on the application in practice of the abovementioned provisions of the conditions of service of the military personnel of the armed forces of Niger and the national gendarmerie, and the general regulations of the public service, replying specifically to the questions the Committee put in its previous direct request, which are repeated above.

Indirect compulsion to work in the event of vagrancy. The Committee noted previously that according to sections 177 and 178 of the Penal Code, vagrants, defined as persons of no known abode or means of subsistence, who as a rule exercise no trade or occupation, shall be punished by a sentence of imprisonment of from three to six months. Pointing out that provisions that punish vagrancy and define it too broadly are liable to become a means of direct or indirect compulsion to work, the Committee requested the Government to amend articles 177 and 178 of the Penal Code to ensure that penalties are limited to persons disrupting the public order by unlawful acts. Noting that the Government has provided no information on this matter in its report, the Committee hopes that it will take the necessary steps to bring the provisions of sections 177 and 178 of the Penal Code into line with the Convention as soon as possible.

Trafficking in persons. In its previous comments, the Committee requested the Government to state whether it had taken or was envisaging measures to prevent, suppress and punish trafficking of persons for the purposes of sexual exploitation and exploitation of their labour, and whether the public authorities were meeting any difficulties in this respect. The Committee notes that the Government has provided no information on this point. It notes from the report submitted by the Government to the United Nations Committee for the Elimination of Discrimination Against Women, that an inter-ministerial committee was set up in February 2006 to be responsible for drafting a national plan to combat trafficking in women and children. In its concluding observations on the report, the abovementioned committee expresses concern about occurrences of trafficking in the guise of marriage, trade in women commoners and the practice of slavery, and about the lack of information regarding the extent of trafficking in women and girls (documents CEDAW/C/NER/CO/2 and CEDAW/C/NER/Q/2/Add.1). The Committee trusts that in its next report the Government will provide detailed information on the nature of such trafficking and the measures taken to combat it including the adoption of legislative provisions to criminalize and penalize the perpetrators of human trafficking specifically, and measures to raise public awareness and to protect the victims.