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A Government representative took note of the observations made by the Committee of Experts with regard to forced labour and child labour and thanked the Committee for giving her the opportunity to address these questions the gravity of which she fully recognized. The Government representative stated that different measures had been taken in order to face up to these phenomena. With regard to forced labour, she recalled that a law (Act No. 2003-025) had been adopted in June 2003. The adoption of this law was too recent to evaluate its impact, but it demonstrated the efforts made in order to eradicate forced labour. To this were added the actions taken in the context of the combat against poverty carried out by Niger. Concerning child labour in general, and in particular the children who worked in mines, as well as child beggars, she observed that these questions intensely preoccupied her Government. In order to face up to this veritable scourge, the Government of Niger relied on the labour inspection services, the IPEC programme, as well as certain NGOs. The Government stated that it was determined to continue its action and wished to be able to count for this on the technical assistance of the ILO and, in general, on the technical and financial aid of its partners in development.

The Worker members referred to the studies carried out on the phenomenon of slavery in Niger. One of these studies, surveying 11,000 persons, in some six regions of the country, was completed in 2002 under the auspices of Anti-Slavery International, in cooperation with its local partner Timidria. It had revealed that the status of slave continued to be transmitted by birth to individuals from certain ethnic groups. These persons worked for a master without remuneration, mainly as shepherds, agricultural workers or domestic servants. Their only remuneration was food and a place to sleep. Thanks to the impact of the Anti-Slavery International/Timidria report, presented at a conference on slavery in Niamey in May 2003, the Government quickly adopted a new law on slavery, which provided not only for fines but also for prison sentences of 10 to 30 years. Previously, in 2001, following a study carried out on an ILO initiative and endorsed by the Government and the social partners, a number of initiatives were identified to strengthen legal instruments, raise awareness among the population of its rights and duties, move to more sustainable forms of development, and undertake a national survey on the forms of slavery, its victims and its perpetrators. The Worker members appreciated that the Government had not denied the existence of the phenomenon, but nevertheless regretted that it minimized it. They asked the Government to provide information on rehabilitation efforts of enfranchised persons. An ILO study had revealed the extent of child labour in small-scale mining in Niger, mainly in the informal sector. Thus, in this sector, 47.5 per cent of workers were children. They worked as from the age of eight years, often seven days a week and more than eight hours a day. They were especially exposed to the dangers inherent in their activity and the lack of schooling reduced their expectations to nothing. As adults, they would inflict the same fate on their own children, simply to ensure their subsistence. The children were often put out to work by their parents and this locked these categories into poverty. The Worker members also denounced the practice of making children beg. The Committee of Experts considered that these children, who were caught in a relationship similar to the slave-master relationship, performed work which they had not chosen of their own free will. They believed that nothing could justify this practice, which affected both the dignity of children and their psychological development. They therefore requested the Government to provide concrete information on action being taken against this phenomenon.

The Employer members noted that several requests for information had remained unanswered. Although the Government had ratified the Convention in 1961, it was surprising that the Committee of Experts issued a first observation only in 2001. This was surprising, given the gravity of the case. The first issue at stake was the continuing conditions of slavery for some ethnic groups serving as shepherds or agricultural and domestic workers, without pay. The extent of the problem was not clear and the Government should provide more concrete information. While slavery was prohibited under the national Constitution and a provision had been included in the Penal Code, it appeared that there was not an effective enforcement programme. Awareness-raising programmes were not enough and more concrete action was needed to meet the obligations under the Convention. The second problem raised by the Committee of Experts was forced labour of children in mines which was expressly prohibited under Article 21 of the Convention. An ILO Survey of 1999 showed that child labour in small-scale mining was widespread in the country with over 47 per cent of the workers being children. The percentage was 57 per cent if one considered work in quarries. This work, which was arduous and unsafe, was performed by children as young as 8 years. This was significant because the Government had also ratified Convention No. 138 in 1978 and Convention No. 182 in 2000, which provided for the age of 18 for all kinds of arduous work. In addition, it appeared that no laws were in place prohibiting child labour in mines. Finally, forced labour was a product of poverty. There was evidence that children were begging in the streets with the encouragement of spiritual leaders. Considering that these children were in a relationship resembling that of a slave to a master, the Committee of Experts requested further information on measures taken to prohibit such practices. In the Employer members' view, this practice fell clearly under the definition of forced labour set out in Article 2 of the Convention. In summary, the Employer members considered that the minimal steps taken by the Government were totally insufficient. The Government needed to pay urgent attention to eradicating forced labour in law and practice.

The Government member of Cuba was confident that the measures adopted would provide a solution to the questions raised. It was important to emphasize that the situation under discussion was a result of the exploitation suffered over centuries by victims in the Third World, preventing them from progressing at the economic and social level. She pointed out that standards had been adopted during 2003 which sanctioned slavery; in 2001 a forum had been held on forced labour with the support of the ILO to sensitize and mobilize both traditional and public authorities on the issue, and training programmes were carried out in different social areas as part of a support project for application of the ILO Declaration of 1998. Among other measures taken, a group of experts on international labour standards had been set up. The speaker underlined that the Committee of Experts had recognized the measures taken by the Government to combat forced labour. She insisted that international cooperation had to be extended to the Government. This should include ILO technical assistance to improve training and education, to create employment and to assist in the search for solutions to the problems described in the Committee of Experts' observation.

The Worker member of Senegal stated that he appreciated the work carried out by the Committee of Experts, especially the quality of the information collected which provided a clear image of the situation in Niger. He considered nevertheless that in the examination of phenomena like forced labour and child labour, one should take into account the history of the country and at the same time the situation of extreme poverty in which the country actually sank. The Government of Niger recognized the existence of forced labour and child labour and had undertaken to eradicate these phenomena. The ILO should take into consideration the efforts made in the country and respond to its request for technical assistance. The persistence of slavery practices in several regions of the country called for awareness raising and measures to end the suffering of thousands of individuals. A solution should not be sought only in law and the Government should undertake action to ensure the reinsertion of the persons who were liberated from slavery. Parallel to the road map followed by the Government, the international community should support the country in its combat against forced labour.

The Worker member of India noted that three main problems existed in Niger with regard to forced labour, namely, slavery, forced labour in mines and forced labour and begging. The persons concerned were described by the Committee of Experts as belonging to a slave caste which worked in the informal sector for a master in exchange for food and sleep. Regarding the first problem, i.e. slavery, he considered that Article 25 of the Convention had not been implemented and emphasized that exploitation should be reduced and that the Government should give all the relevant information in this respect. As to the second question, he noted that despite the vast scope for governmental action, the Government had not reported any information. Noting the seriousness and widespread nature of the problem, he urged the Government to give special and urgent attention to implementing effective means to eradicate these three practices. He also requested the ILO to take measures to safeguard the interests of the children in situations of slavery.

The Worker member of Benin stated that the phenomenon of slavery had always existed in Niger, especially because this status was being transmitted by birth in certain groups. This fact was recognized by the Government of Niger which did not stay inactive. Forced labour of children aged 8 to 18 years in mining activities was a reality which led to a deplorable and worrying social situation for the future generations and made one wonder about the concrete measures envisaged by the Government in order to put an end to it and the legal responsibility of parents. The speaker was of the view that a legal arsenal of laws, even if it existed, did not suffice on its own to solve the problems or to allow ethnic minorities to be aware of their rights as citizens, as defined in the Constitution of Niger. It was urgent that the Government take diligent and pragmatic measures to ensure the application of the provisions of Convention No. 29 in practice.

The Employer member of Niger considered that in analysing the situation in Niger one should take into account that Niger was a country of more than 1.2 million square kilometres, 70 per cent of which was occupied by a nomad population. Slavery was a widespread practice in that group and this made it difficult to take any action to eradicate forced labour. The solution should be sought in consciousness raising among the population at large on these questions. However, by reason of the extreme poverty afflicting Niger, like other sub-Saharan countries, the Government needed the support of the international community. With regard to child labour, the speaker stated that the absence of schooling was one of the causes of this phenomenon and invited Niger to adopt a law fixing the obligatory schooling age. Finally, with regard to child beggars, the speaker explained that the religious tradition always required children to beg in the framework of their spiritual education, but that since this practice had been introduced in the cities it had started to represent a problem. The solution should be looked for mainly in the set of measures aiming to fight against poverty.

The Government member of Argentina expressed his grave concern over the situation in Niger, especially regarding children. He urged the Government to take the necessary measures to comply with the terms of the Convention and asked the international community to provide assistance to end this situation which affected human dignity.

Another Government member of Niger stated that they had not wanted to repeat the information contained in the report of the Committee of Experts, which was why the intervention had appeared brief. He considered the scale of the phenomenon described in the Committee's remarks to be excessive. In the final analysis, the issue was an economic one. The development index placed Niger in the last but one position in the world and the struggle against slavery was closely linked to the fight against poverty. He was satisfied that several speakers had expressed the need for international cooperation to address the problem, not only of slavery, but of the extreme poverty which afflicted the country. The existence of the phenomenon was not an isolated case, but the Government of Niger had had the courage to recognize it and seek appropriate solutions.

The Worker members stated that neither the Koran nor the Bible accepted that children should take to begging. The Workers recognized the efforts undertaken by the Government to combat the phenomenon of slavery by modifying the Penal Code and through awareness-raising campaigns. They remained concerned by the persistence of practices of slavery and awaited effective enforcement of the relevant legal provisions. They invited the Government to recognize the phenomenon in all its scope and to supply information on programmes to rehabilitate those freed from slavery and on the number of those charged, judged and condemned. The Worker members noted their even greater concern for the situation of children forced to work in dangerous conditions and engage in street begging, and invited the Government to seek ILO technical assistance in this field.

The Employer members stated that the grave situation discussed had to be of concern to everybody. The Government should take concrete steps to address it, while assistance of the ILO and the international community was also required. Generally, there was a need for economic development policies to put the country in a position to solve the problem.

The Committee took note of the information provided in the Government representative's statement and the discussion that followed. The Committee took note of the information contained in the report of the Committee of Experts according to which the phenomenon of slavery had not been entirely eradicated. The Committee noted with interest that the Government had amended the Penal Code which now classified slavery as a criminal offence and punished the imposition of slavery on other persons with a sentence of imprisonment. The Committee regretted that the Government had not provided any information to the Committee of Experts on child labour in mines. The Committee shared the concern of the Committee of Experts, also expressed by the United Nations Committee on the Rights of the Child, as regards the vulnerability of the children who begged in the streets. The Committee took note of the information provided by the Government representative on the application of the law which had been adopted in 2003 and the importance of the inspection services. The Committee noted that the Government of Niger had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance of the ILO. The Committee also took note that, in their interventions, various members of the Committee underlined their concern for the continuing existence of slavery, child labour in mines and child beggars. Taking into account the seriousness of the problems, the Committee requested the Government to give special attention to the adoption of measures destined to protect the children against the forms of forced labour represented by work in mines and begging. In this respect, the Committee reminded the Government that it could avail itself of the technical assistance of the Office and the international community.

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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. Recalling 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, the Committee once again requests the Government to provide further 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 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 therefore refuse the resignation of a member of the armed forces, thereby compelling him to continue in service. In these circumstances, the Committee requests 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 to indicate the manner in which these contracts are renewed, stating whether these persons may resign before the expiry of the contracts. It also requests the Government to provide 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 Government previously indicated in this regard that the 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 recalls 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 once again 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, indicating the grounds on which the appointing authority may refuse a resignation.

Indirect compulsion to work in the event of vagrancy. According to sections 177 and 178 of the Penal Code, vagrants, which are defined as persons of unknown abode or means of subsistence, who as a rule exercise no trade or occupation, shall be punished by a sentence of imprisonment of three to six months. The Committee stressed that legal provisions that punish vagrancy and define it too broadly are liable to become a means of direct or indirect compulsion to work and therefore requested the Government to amend sections 177 and 178 of the Penal Code to ensure that only persons who disrupt public order by unlawful acts may be liable to penalties. 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 conformity with the Convention as soon as possible.

Trafficking in persons. In its previous comments, the Committee requested the Government to indicate 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 regard. It noted from the report submitted by the Government to the United Nations Committee for the Elimination of Discrimination Against Women that an inter-ministerial committee had been set up in February 2006 to draft 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 concerning the extent of trafficking of women and girls (see documents CEDAW/C/NER/CO/2 and CEDAW/C/NER/Q/2/Add.1). In the absence of information from the Government on this matter, the Committee reiterates its request to the Government to provide detailed information on the nature of such trafficking and the measures taken or envisaged to combat it, including the adoption of specific legislative provisions criminalizing and sanctioning trafficking in persons, and measures to raise public awareness and protect the victims.

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Articles 1(1) and 2(1) of the Convention. Slavery and slave-like practices. In its previous comments, the Committee examined the matter of slavery in Niger which exists within certain communities where the status of slave continues to be transmitted by birth to persons from certain ethnic groups. The relations between master and slave are based on direct exploitation: slaves are obliged to work for their masters without remuneration, largely as shepherds, agricultural workers or domestic employees. The Committee noted that the Government did not deny that slavery still existed in certain areas of its territory but indicated that it had taken measures to combat these practices. Among the measures taken by the Government, the Committee noted:

–           The adoption of Act No. 2003-025 of 13 June 2003 which amended the Penal Code by introducing sections 270-1 to 270-5. These provisions define slavery, describe the elements that constitute the crime of slavery and the various slavery offences, and lay down the penalties applicable. They also authorize associations established for the purpose of combating slavery or similar practices to sue for damages.

–           The issue of circulars requesting the Minister of the Interior to meet with administrative heads, and religious and traditional chiefs to draw their attention to the pressing need to comply with the law and to put an end to all forms of slave-like practices.

–           The establishment in August 2006 of the National Committee to Combat Forced Labour and Discrimination to prepare a national action plan in this field on the basis of an in-depth diagnostic study. The plan was finalized in October 2007 and is due to be submitted to the Government for adoption.

The Committee notes with regret that, in its latest report received in December 2009, the Government provides no information on the measures taken to combat slavery and its vestiges, the adoption of the national action plan or the status of the study on the vestiges of forced labour. The Government only states that “the only action brought before the courts involved investigations carried out by the families of future spouses before their engagement or the refusal of a master to allow his servant to marry”. All these cases were considered to be defamation. Furthermore, the Government indicates that the difficulties in implementing sections 270-1 to 270‑5 of the Penal Code arise from the fact that “so-called slaves or descendants of slaves make no complaints about their situation or fate. On the contrary, they are pleased that the so-called master or nobleman provides them with all the care and security that they need in return for services rendered”.

The Committee expresses deep concern at the lack of concrete information provided by the Government. It notes that during the period covered by the report, it became aware of the publication, in July 2008, of a study carried out by the National Committee on Human Rights and Fundamental Freedoms (CNDHLF) on the issue of forced labour, child labour and all other forms of slave-like practices. According to this study, “slavery as defined by the international instruments does not exist in Niger but the survival of certain degrading cultural practices means that some individuals do not manage to express themselves fully”. Furthermore, the study concludes that it appears that forced labour as defined by Convention No. 29 does not exist across the entire national territory and that information and communication meetings are necessary to ensure understanding of the definition, characteristics and texts which punish forced labour.

The Committee notes, however, that on 27 October 2008, the Court of Justice of the Economic Community of West African States (ECOWAS) recognized, in a case concerning the sale by a tribal leader of a young girl of 12 years of age to be a domestic worker and concubine (the “wahiya” practice or fifth spouse) that this young girl “has been a victim of slavery and that the Republic of Niger is responsible as a result of the failure of its administrative and judicial authorities to take action against that practice”. The Court found that the Republic of Niger had not sufficiently protected the rights of the claimant against the practice of slavery and ordered the payment of a fixed allowance to the victim. The Committee also notes that, in its concluding observations, the United Nations Committee on the Rights of the Child (CRC) expressed deep concern that Niger had not provided information in its report on caste-based slavery practices while those practices exist throughout the country and that the perpetrators of these practices are not prosecuted or punished. The CRC expressed particular concern at the absence of services to free children and adult victims of traditional slavery practices and at the little efforts to educate the public about harmful slavery practices in general (CRC/C/NER/CO/2 of 18 June 2009).

Finally, the Committee notes the agreement between the National Statistics Institute and the International Labour Office, with the collaboration of the National Committee to Combat Forced Labour and Discrimination, on the preparation of a study which gives an account of the forms of forced labour found in Niger and provides estimated statistics at the national level. The results of this study should be validated by the end of 2010.

Taking into account the above information, the Committee hopes that, in its next report, the Government will be in a position to report on the measures taken towards the adoption of a national action plan on combating all forms of forced labour, in particular slavery. The Committee hopes that the national action plan will provide for measures to publicize the provisions of the Penal Code criminalizing slavery, as well as measures to raise the awareness of the population and of the key actors involved in combating slavery, particularly religious and traditional chiefs, police officers and magistrates. The Committee requests the Government to provide information on the action taken by the National Committee to Combat Forced Labour and Discrimination. Finally, the Committee requests the Government to provide information on the conclusions of the statistical survey carried out by the National Statistics Institute and the Office, including the follow-up decisions taken.

Finally, the Committee recalls that, in accordance with Article 25 of the Convention, the Government shall ensure that the penalties imposed by law are really adequate and are strictly enforced. It stresses that it is essential that the victims are actually in a position to go to the police and judicial authorities to assert their rights so that the perpetrators of slavery offences or the crime of slavery, as provided for in the Penal Code, are prosecuted and, when appropriate, sentenced. In this regard, the Committee requests the Government to indicate whether there have been any court decisions based on sections 270-1 to 270-5 of the Penal Code and, if so, to provide a copy of them.

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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.

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Articles 1(1) and 2(1) of the Convention. Slavery and slave-like practices. The persistence of slavery in Niger was one of the matters examined by the Committee in its previous observation and by the Conference Committee on the Application of Standards in June 2004 (92nd Session). In its previous comments, the Committee referred to observations from the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC) – and to the study carried out in 2001 under the auspices of the ILO on the identification of obstacles to the implementation of fundamental principles and rights at work and proposed solutions in Niger, validated by the Government and the social partners. The Committee observed that in Niger, there was an archaic form of slavery found in nomadic communities and that slave status was still transmitted by birth to persons from certain ethnic groups. The slave is placed at the disposal of the master without charge or in exchange for payment. The relations between master and slave are based on direct exploitation. Slaves work for their masters without remuneration, largely as shepherds, agricultural workers or domestic employees. The Committee noted that the Government acknowledged that slavery had not been totally eradicated and that numerous actions had been undertaken to combat the forced labour of persons reduced to slavery. In terms of legislation, Act No. 2003-025 of 13 June 2003 amended the Penal Code by introducing a section on slavery. A prison term of ten to 30 years and a fine are imposed for reducing someone to slavery or for incitement to relinquish one’s liberty or dignity or that of a dependent person in order to become a slave. Slavery offences are likewise defined and punished. Furthermore, associations established for the purpose of combating slavery or similar practices may sue for damages in the civil courts in redress for breaches of the Criminal Slavery Act (section 270-1 to 270-5 of the Penal Code). As to awareness raising, campaigns have been carried out, targeting traditional chiefs in particular. The Committee requested the Government to provide information on the measures taken to assess the extent of slavery in Niger, the programmes or measures implemented specifically for former slaves or descendants of slaves, and the number of persons prosecuted, sentenced and punished for exacting forced labour from persons reduced to slavery.

The Committee notes that in its report for 2005, the Government states that there have been no convictions by the courts as there were no complaints filed by victims. In a later communication, and in response to the ICFTU’s observations, the Government again stated that it did not deny that slave-like practices still existed in certain parts of the country and that, on the contrary, it had always treated this as a matter of concern and taken appropriate initiatives. The Government referred in particular to circulars from the Prime Minister addressed in 2004 and 2005 to the Minister of the Interior following the adoption of the 2003 Act criminalizing slavery and asking him to meet with administrative heads, and religious and traditional chiefs to draw their attention to the pressing need to comply with the law and put an end to all forms of slave-like practices. The Government stated that in the context of cooperation with the Office, a project was to be launched to prevent the persistence of forced labour and similar practices, in the course of which a study might be conducted with a view to gaining more knowledge about the nature and extent of the phenomenon and identifying target groups, and a national action plan against forced labour might be set up.

The Committee notes with interest that since then, a National Committee to Combat Forced Labour and Discrimination was established (Order No. 0933/MFP/T of 4 August 2006) and officially set up in November 2006. Its terms of reference include preventing the persistence of forced labour and combating discrimination through measures to reduce poverty in target areas; preparing a national action plan in this field on the basis of an in-depth diagnostic study; ensuring monitoring of the national action plan. The Committee notes that the abovementioned committee has already met several times and has support from the Office through the Special Action Programme to combat forced labour (SAP‑FL) and in particular the support project for combating forced labour and discrimination in Niger (PACTRAD), which have been associated with the above committee’s meetings. At its meeting of October 2007, the said committee finalized a plan against the persistence of forced labour and discrimination which is to be submitted to the Government for adoption. The Committee also notes that at the request of the National Committee, the Office is lending its support for a statistical study on child labour and the consequences of slavery, which will be conducted by the National Statistics Institute.

The Committee takes note of all this information. It hopes that the Government will continue to take all necessary steps to ensure that the National Action Plan is adopted promptly and that the study on the persistence of forced labour is conducted at the earliest possible date. In the Committee’s view, it is essential that the Government should have access to reliable quantitative and qualitative data on the various forms of slavery and their consequences, so as to target both the measures to be taken and the beneficiary groups. It hopes that the national action plan will provide for measures to publicize the Act of 2003 incorporating into the Penal Code (sections 270-1 to 270-5) the provisions criminalizing slavery, and for measures to raise the awareness of the population and those involved in combating slavery, particularly religious and traditional chiefs, criminal police officers and magistrates. It would also be appropriate for the action plan to include activities or programmes specifically aimed at former slaves or descendants of slaves to ensure that they have sufficient means of subsistence not to fall back into a situation of dependency and hence exposure to exploitation of their labour.

Lastly, the Committee points out that under Article 25 of the Convention, the Government must ensure that the penal sanctions imposed by law are really adequate and strictly enforced. It asks the Government to indicate whether there have been any court decisions based on sections 270-1 to 270-5 of the Penal Code and, if so, to provide a copy of them. The Committee stresses that it is essential that the perpetrators of slavery offences be prosecuted and, if appropriate, sentenced. It hopes that the Government will take all measures available to it for this purpose and will ensure that the victims are effectively in a position to go to the police and judicial authorities to assert their rights.

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1. Freedom of career members of the armed forces to leave the service. The Committee notes that, in accordance with 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. The Committee previously noted that, under the terms of section 21 of this Ordinance, the resignation of career members of the armed forces is still subject to the approval of the authority exercising the power of nomination (as was the case under Decree No. 079-23/PCMS/MDN of 1 March 1979). The above authority could therefore refuse the resignation of a member of the armed forces, thereby compelling him to continue in service. The Committee recalls that, while compulsory military service is excluded from the scope of application of the Convention, career members of the armed forces, who have joined the forces voluntarily, cannot be deprived of the freedom to leave the service within a reasonable period, either at specified intervals or with previous notice. The Committee would be grateful if the Government would provide information on: the duration of the contracts of non-commissioned officers, members of the gendarmerie and rank-and-file members of the armed forces; the manner in which these contracts are renewed; and the possibilities available to such persons to resign before the expiry of such contracts. Please also provide information on the conditions under which officers may resign and, where appropriate, the principles applied by the competent authority when deciding upon resignation applications.

2. Freedom of public servants to leave the service. The Committee notes that conditions of employment of public servants are governed by Ordinance No. 89-18 of 8 December 1989, issuing the general conditions of service for the public service and its implementing Decree No. 91-110/PRN/MFP/T of 26 June 1991. Under the terms of section 52 of this Ordinance and section 153 of the Decree, the appointing authority must decide within four months whether it accepts or refuses an application to resign by a public servant. In the event of refusal, the public servant is required to continue working. The Committee recalls in this respect that laws allowing workers to be retained in their employment are contrary to the Convention, except where required in cases of emergency within the meaning of Article 2, paragraph 2(d)¸ of the Convention. The Committee requests the Government to provide further information on the grounds which may be invoked by the appointing authority to refuse resignation. Please provide any relevant text in this respect (internal rules, circulars, etc.).

3. Forced labour in the event of vagrancy. The Committee noted previously that, under the terms of sections 177 and 178 of the Penal Code (Act No. 61-27), 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. The Committee noted in its 1979 General Survey on the abolition of forced labour (paragraphs 45-48) that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a means of direct or indirect compulsion to work. Such provisions should be so amended as to confine penalties to persons disrupting the public order by unlawful acts. The Committee hopes that the Government will take all the necessary measures to amend sections 177 and 178 of the Penal Code to ensure compliance with the Convention on this point.

4. Noting that the Government has not provided any information in reply to the Committee’s general observation of 2000, the Committee requests the Government to refer to the above observation and to provide information on the measures adopted to prevent, suppress and punish the trafficking of persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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1. The Committee notes the comments on the application of the Convention provided by the International Confederation of Free Trade Unions (ICFTU) on 20 August 2003 and forwarded to the Government on 26 September 2003. According to these comments, prepared by the ICFTU in collaboration with Anti-Slavery International, conditions of slavery continue to be transmitted by birth to individuals from certain ethnic groups. They are compelled to work for their master without receiving a wage, principally as shepherds, agricultural workers or domestic workers. The trade union bases its comments on a study carried out by the national association Timidria in 2002 and 2003 in six regions of Niger, covering 11,001 persons identified by the association as originating from a "slave caste". These persons generally worked directly for their master in exchange for food and a place to sleep. Certain of the persons questioned indicated that they worked for others and gave the money that they earned to their master. With reference to the definition of slavery set forth in the Slavery Convention of 1926, the great majority of the 11,001 persons questioned are in practice slaves in so far as they identify a person as being their master and the latter makes them work without paying them.

In its reply, the Government recognizes that, although the phenomenon of slavery has not been totally eradicated, its extent as indicated by the ICFTU is fairly exaggerated. It indicates that its attention has been drawn to situations of the persistence of slave-like practices in several areas of the country and that a number of measures have been taken with a view to resolving the situation. At the legal level, in accordance with article 12 of the Constitution, no one shall be subject to slavery. Furthermore, Act No. 2003-025 of 13 June 2003 amended the Penal Code by adding a section on slavery. With regard to the action taken with a view to the effective eradication of slavery and slave-like practices, the Government indicates that a forum on forced labour was held in Niamey in November 2001 with the support of the International Labour Office. The objective of this forum was to raise the awareness of traditional chiefs about this problem and to mobilize them, and these highly respected traditional authorities committed themselves to combating the phenomenon alongside the public authorities. In addition, with the assistance of the project to support the implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), training and awareness-raising activities have been undertaken for several social categories. The Government indicates in this respect that a network of experts on international labour standards has been established to intensify information and awareness-raising activities on fundamental principles and rights at work.

The Committee notes all of this information. It notes that the Government has taken many measures to combat the forced labour of persons reduced to slavery. It notes with particular interest that, following the adoption of Act No. 2003-025 of 13 June 2003, the Penal Code now classifies slavery as a criminal offence and punishes the imposition of slavery on other persons with a sentence of imprisonment of between ten and 30 years and a fine. The Committee requests the Government to provide information on the application of these new provisions in practice and particularly on the number of persons who have been charged, found guilty and punished for having exacted forced labour from persons reduced to slavery. It recalls in this respect that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

In addition, the Committee notes the study conducted in August 2001 under the auspices of the ILO on the identification of obstacles to the implementation of fundamental principles and rights at work and proposed solutions in Niger. According to this study, there exists in Niger an archaic form of slavery which is found in nomadic communities. The slave is placed at the disposal of the master without charge or in exchange for payment. The relations between master and slave are based on direct exploitation. The Committee notes that this study was discussed and was adopted and validated by the Government and the social partners. On that occasion, a number of proposals for action to combat forced labour exacted in the context of slave-like practices were made, such as:

-  the re-enforcement of the legal measures available;

-  the organization of information, awareness-raising and education activities for the population on its rights and duties;

-  the development of the conditions for access to sustainable means of subsistence through freely chosen employment;

-  conducting a national survey to identify forms of slavery, estimate the number of victims and perpetrators and identify the areas affected.

While noting the measures already taken by the Government with a view to strengthening the legal measures and organizing information and awareness-raising activities, the Committee would be grateful if the Government would provide information on the measures adopted to estimate the extent of the phenomenon of slavery in Niger and on the programmes and measures specifically adopted for former slaves or descendants of slaves to prevent them from falling back into slavery as a result of lack of means of subsistence.

2. Forced labour of children in mines. In its previous observation, the Committee noted the study undertaken by the ILO in 1999 on child labour in small-scale mining in Niger. This study covers four types of small-scale mining, namely: natron mining in Birini N’Gaouré (Department of Dosso); salt mining in Gaya (Department of Dosso); gold mining in Torodi and Téra (Department of Tillabéry); and gypsum mining in Madaoua (Department of Tahoua). According to the survey, child labour is extremely widespread in Niger, particularly in the informal sector. The work performed in small-scale artisanal mining enterprises is one of the most dangerous types of activity in the informal sector in Niger. This branch employs several hundred thousand workers with, according to the estimates in the study, a proportion of 47.5 per cent of children in small mines, with this figure rising to 57 per cent in small mines and quarries taken together. In all the above enterprises, the study shows that the working conditions of children are extremely difficult (gold washing being one of the most arduous and hazardous activities). From the age of 8 years, children carry out physically arduous and hazardous work, in most cases every day of the week for a working day of eight or more hours. The work in these concerns involves substantial risks of accidents and diseases and severely prejudices the health of the children. The study notes the absence of modern mining safety techniques on the sites visited and of health infrastructures in the vicinity. In view of the extremely precarious economic situation of the families, the children do not attend school and are often forced to work by their parents.

The Committee recalls that all work performed by children cannot necessarily be classified as forced labour. It is nevertheless indispensable, to determine whether this is a situation covered by the Convention, to examine the conditions under which the work is performed in the light of the definition of forced labour set forth in the Convention, particularly with regard to the validity of the consent given to perform the work and the possibility of leaving it. The Committee considers that neither the children concerned nor the persons exercising parental authority over them can give their valid consent for work in mines, particularly since, as the Committee has already noted, the minimum age for admission to work in Niger is 14 years in general and 18 years in the mining sector, in accordance with the Minimum Age Convention, 1973 (No. 138).

The Committee notes that in its report the Government provides copies of two texts: Order No. 051/MME/DM of 30 May 2003, establishing a technical committee to consider the formulation of proposals to optimize artisanal mining and develop small-scale mines; and Order No. 03/MME/DM establishing procedures for the supervision and control by the administration of gold-washing sites. However, it regrets that since 2001 the Government has not provided any information on the situation of children in mining enterprises. The Committee once again requests the Government to provide information on the working conditions of these children, and on any measure adopted or envisaged to protect them against forced labour.

3. Forced labour of children and begging. In its previous comments, the Committee referred to the report of the Working Group on Contemporary Forms of Slavery according to which children are forced to beg in West Africa, including Niger. According to paragraph 73 of this report, for economic and religious reasons many families entrust their children as soon as they are 5 or 6 years of age to the care of a spiritual leader (marabout) with whom they live until the age of 15 or 16 years. During this period, the spiritual leader has absolute control over the children. He is responsible for their religious education and in return forces them to perform various tasks, including begging.

The Committee also notes that, in June 2003, in its concluding observations concerning Niger the Committee on the Rights of the Child expressed its concern at the number of children that are begging in the streets. Some of these are pupils under the guardianship of Islamic religious education teachers. The Committee on the Rights of the Child expressed concern at their vulnerability to all forms of exploitation (CRC/C/15/Add.179, paragraphs 66 and 67).

The Committee considers that these children are in a relationship resembling that of a slave to a master, that is lacking freedom to control their own lives and that, as a result of this relationship, they perform work for which they have not offered themselves voluntarily. It once again requests the Government to provide information on the measures taken to protect these children against this form of forced labour. Noting that the study carried out in 2001 under the auspices of the ILO, referred to above, also contains proposals for measures to eliminate begging by these children, the Committee requests the Government to provide information on the measures taken to ensure that effect is given to these proposals.

The Committee recalls in this respect that, while the Labour Code (Ordinance No. 96-039) absolutely prohibits forced labour and establishes the corresponding penalties (sections 4 and 333), it only applies to relations between employers and workers (sections 1 and 2). The Committee has already requested the Government to take measures to extend the prohibition of forced labour to all working relations, including those existing between children and spiritual guides. The Committee hopes that the Government will make every effort to take the necessary measures for this purpose in the very near future.

In conclusion, the Committee acknowledges that the Government has taken steps to combat both slavery and the practices of forced child labour throughout the country. In view of the seriousness and widespread nature of the problems, the Committee urges the Government to give special and urgent attention to implementing effective means to eradicate these practices.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The possibility for career servicemen to resign. The Committee notes Ordinance No. 99-62 of 20 December 1999 (Statute of the military personnel of the armed forces of Niger and the national gendarmerie) which has replaced Decree No. 79-23/PCMS/MDN of 1 March 1979 (which dealt with the same subject matter). With reference to section 21 of Ordinance No. 99-62, the Committee notes that the resignation of career servicemen is still contingent on the agreement of the appointing authority. This means that the appointing authority may deny career servicemen the right to leave the service, without a valid reason, thus compelling them to continue working.

Referring to paragraphs 33, 68 and 72 of General Survey of 1979 on the abolition of forced labour, the Committee recalls that the fact that compulsory military service does not fall within the scope of the Convention may not be invoked to deprive career servicemen, who have joined the forces voluntarily, of the right to leave the service either at specified intervals or with previous notice. The Committee therefore hopes that the Government will take appropriate steps to ensure that the resignation of servicemen is not subject to the agreement of the authority, and thus ensure full observance of the Convention.

2. Resignation of public servants. As the Government mentioned in its report for 1994, the Statute of Public Servants is regulated by Ordinance No. 89-18 of 8 December 1989 (General Statute of the Public Service) and Decree No. 91-110/PRN/MFP/T of 26 June 1991 on application procedures. According to section 52 of the above ordinance and section 153 of the above Decree, the appointing authority must decide within four months whether it accepts or refuses an application to resign by a public servant. In the event of refusal, the public servant will be required to continue working.

Referring to paragraphs 67 and 68 of its General Survey of 1979 on the abolition of forced labour, the Committee recalls the fact that laws which require workers to be kept in their jobs are contrary to the Convention except in so far as they are needed to deal with cases of emergency within the meaning of Article 2, paragraph 2(d), of the Convention. Having noted the content of the abovementioned provisions of the national legislation, the Committee finds no mention of any grounds which may be invoked to refuse resignation. It therefore asks the Government to provide more information on the subject.

3. Forced labour in the event of vagrancy. The Committee notes that the National Assembly is envisaging amending the Penal Code. It hopes that the Government will provide the new texts as soon after their adoption as is possible.

The Committee observed in previous comments that under section 178 of Act No. 61-27 establishing the Penal Code, vagrants shall be punished by a penalty of imprisonment of from three to six months. Section 177 of the Penal Code defines vagrants as "persons of no known abode or means of subsistence who as a rule exercise no trade or occupation".

The Committee recalls paragraphs 45-48 of its 1979 General Survey on the abolition of forced labour in which it noted that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a means of direct or indirect compulsion to work. Such provisions should be so amended as to confine penalties to persons disrupting the public order by unlawful acts. The Committee hopes that the reform of the Penal Code will include amendments to sections 177 and 178 in order to ensure that the Convention is complied with on this point. If that is not the case, the Committee asks the Government to inform it of measures taken or envisaged.

4. The Committee asks the Government to send a copy of the Constitution of the Vth Republic of 18 July 1999.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters.

1. The Committee has noted the study undertaken by the ILO in 1999 on child labour in small-scale mining. The study covers the following mines:

-  Birnin N’Gaouré in the department of Gosso (natron mining);

-  Gaya in the department of Dosso (salt mining);

-  Torodi and Téra in the department of Tillabéry (gold mining);

-  Madaoua in the department of Tahoua (gypsum mining).

The Committee notes that under sections 9, 15, 32, 45 and 75 of Ordinance No. 93-16 of 2 March 1993, no operations can be carried out without an operation authorization and that the framework for working the minerals in small-scale mines is contained in this Ordinance and further clarified in Decree No. 93-44/PM/MMEI/A of 12 March 1993. The Committee notes however that there are no specific regulations on safety in mines.

The Committee notes that, according to the ILO study, child labour is extremely common in Niger, mainly in the informal sector. Moreover, small-scale artisanal mining is the country’s most dangerous informal sector activity; this branch alone employs several hundred thousand workers. According to ILO estimates, the numbers are as follows:

-  small mines: 147,380 workers, 70,000 of whom are children (47.5 per cent);

-  small mines and quarries: 442,000 workers, 250,000 of whom are children (57 per cent).

In all the abovementioned mines, according to the study, conditions of work for children are extremely difficult. As from the age of eight, they carry out physically exacting and dangerous tasks, more often than not seven days a week for approximately ten hours a day. The work involves serious risks of accidents and diseases which are damaging for children’s health. The Committee further notes the absence of modern mine safety techniques in the sites observed and the lack of sanitary infrastructures and any systematic health care in the neighbourhood.

The Committee also notes that the statutory minimum age for admission to work in Niger is 14 years in general and 18 years in the mining sector, in accordance with the Minimum Age Convention, 1973 (No. 138), so neither the child nor the persons with parental authority may give valid consent to such employment. Moreover, being in economic straits, parents often force children to work, which means they are deprived of schooling.

The Committee observes that, even though not all work done by children amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee asks the Government to examine the situation of children working in mines in the light of the Convention, to provide full information on their working conditions and on any measures taken or envisaged to protect them against forced labour.

2. The Committee refers to the report of the Working Group on Contemporary Forms of Slavery (E/CN.4/Sub.2/1994/33 of 13 June 1994), and notes that children are forced to beg in West Africa, including in Niger. According to paragraph 73 of the above report, many families entrust their children as soon as they are 5 or 6 years of age to the care of a religious leader (marabout) with whom they live until the age of 15 or 16. During these ten years the marabout has absolute control over their lives and forces them to perform various tasks, including begging, in return for which he undertakes to teach them.

The Committee considers that persons in a relationship resembling a slave-master relationship, lacking freedom to control their own lives, are, due to these very circumstances, carrying out work for which they have not offered themselves voluntarily.

The Committee notes section 4 of Ordinance No. 96-039 (Labour Code) which prohibits forced labour unconditionally, and section 333 establishing the corresponding penalty. The Committee notes however that, under sections 1 and 2, the Labour Code applies only to relations between employers and workers. The Committee asks the Government to take the measures to extend the prohibition of all forms of forced labour to employment relationships such as those between children and marabouts.

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

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The Committee notes the report sent by the Government in 2001 and the documents enclosed.

A. In its previous direct request the Committee asked the Government to respond to the following three points.

1. The possibility for career servicemen to resign. The Committee notes Ordinance No. 99-62 of 20 December 1999 (Statute of the military personnel of the armed forces of Niger and the national gendarmerie) which has replaced Decree No. 79-23/PCMS/MDN of 1 March 1979 (which dealt with the same subject matter). With reference to section 21 of Ordinance No. 99-62, the Committee notes that the resignation of career servicemen is still contingent on the agreement of the appointing authority. This means that the appointing authority may deny career servicemen the right to leave the service, without a valid reason, thus compelling them to continue working.

Referring to paragraphs 33, 68 and 72 of General Survey of 1979 on the abolition of forced labour, the Committee recalls that the fact that compulsory military service does not fall within the scope of the Convention may not be invoked to deprive career servicemen, who have joined the forces voluntarily, of the right to leave the service either at specified intervals or with previous notice. The Committee therefore hopes that the Government will take appropriate steps to ensure that the resignation of servicemen is not subject to the agreement of the authority, and thus ensure full observance of the Convention.

2. Resignation of public servants. As the Government mentioned in its report for 1994, the Statute of Public Servants is regulated by Ordinance No. 89 18 of 8 December 1989 (General Statute of the Public Service) and Decree No. 91-110/PRN/MFP/T of 26 June 1991 on application procedures. According to section 52 of the above ordinance and section 153 of the above Decree, the appointing authority must decide within four months whether it accepts or refuses an application to resign by a public servant. In the event of refusal, the public servant will be required to continue working.

Referring to paragraphs 67 and 68 of its General Survey of 1979 on the abolition of forced labour, the Committee recalls the fact that laws which require workers to be kept in their jobs are contrary to the Convention except in so far as they are needed to deal with cases of emergency within the meaning of Article 2, paragraph 2(d), of the Convention. Having noted the content of the abovementioned provisions of the national legislation, the Committee finds no mention of any grounds which may be invoked to refuse resignation. It therefore asks the Government to provide more information on the subject.

3. Forced labour in the event of vagrancy. The Committee notes that the National Assembly is envisaging amending the Penal Code. It hopes that the Government will provide the new texts as soon after their adoption as is possible.

The Committee observed in previous comments that under section 178 of Act No. 61-27 establishing the Penal Code, vagrants shall be punished by a penalty of imprisonment of from three to six months. Section 177 of the Penal Code defines vagrants as "persons of no known abode or means of subsistence who as a rule exercise no trade or occupation".

The Committee recalls paragraphs 45-48 of its 1979 General Survey on the abolition of forced labour in which it noted that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a means of direct or indirect compulsion to work. Such provisions should be so amended as to confine penalties to persons disrupting the public order by unlawful acts. The Committee hopes that the reform of the Penal Code will include amendments to sections 177 and 178 in order to ensure that the Convention is complied with on this point. If that is not the case, the Committee asks the Government to inform it of measures taken or envisaged.

B. The Committee asks the Government to send a copy of the Constitution of the Vth Republic of 18 July 1999.

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1. The Committee notes the study undertaken by the ILO in 1999 on child labour in small-scale mining. The study covers the following mines:

-  Birnin N’Gaouré in the department of Gosso (natron mining);

-  Gaya in the department of Dosso (salt mining);

-  Torodi and Téra in the department of Tillabéry (gold mining);

-  Madaoua in the department of Tahoua (gypsum mining).

The Committee notes that under sections 9, 15, 32 and 75 of Ordinance No. 93-16 of 2 March 1993, no operations can be carried out without an operation authorization and that the framework for working the minerals in small-scale mines is contained in this Ordinance and further clarified in Decree No. 93-44/PM/MMEI/A of 12 March 1993. The Committee notes however that there are no specific regulations on safety in mines.

The Committee notes that, according to the ILO study, child labour is extremely common in Niger, mainly in the informal sector. Moreover, small-scale artisanal mining is the country’s most dangerous informal sector activity; this branch alone employs several hundred thousand workers. According to ILO estimates, the numbers are as follows:

-  small mines: 147,380 workers, 70,000 of whom are children (47.5 per cent);

-  small mines and quarries: 442,000 workers, 250,000 of whom are children (57 per cent).

In all the abovementioned mines, according to the study, conditions of work for children are extremely difficult. As from the age of eight, they carry out physically exacting and dangerous tasks, more often than not seven days a week for approximately ten hours a day. The work involves serious risks of accidents and diseases which are damaging for children’s health. The Committee further notes the absence of modern mine safety techniques in the sites observed and the lack of sanitary infrastructures and any systematic health care in the neighbourhood.

The Committee also notes that the statutory minimum age for admission to work in Niger is 14 years in general and 18 years in the mining sector, in accordance with the Minimum Age Convention, 1973 (No. 138), so neither the child nor the persons with parental authority may give valid consent to such employment. Moreover, being in economic straits, parents often force children to work, which means they are deprived of schooling.

The Committee observes that, even though not all work done by children amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee asks the Government to examine the situation of children working in mines in the light of the Convention, to provide full information on their working conditions and on any measures taken or envisaged to protect them against forced labour.

2. The Committee refers to the report of the Working Group on Contemporary Forms of Slavery (E/CN.4/Sub.2/1994/33 of 13 June 1994), and notes that children are forced to beg in West Africa, including in Niger. According to paragraph 73 of the above report, many families entrust their children as soon as they are 5 or 6 years of age to the care of a religious leader (marabout) with whom they live until the age of 15 or 16. During these ten years the marabout has absolute control over their lives and forces them to perform various tasks, including begging, in return for which he undertakes to teach them.

The Committee considers that persons in a relationship resembling a slave-master relationship, lacking freedom to control their own lives, are, due to these very circumstances, carrying out work for which they have not offered themselves voluntarily.

The Committee notes section 4 of Ordinance No. 96-039 (Labour Code) which prohibits forced labour unconditionally, and section 333 establishing the corresponding penalty. The Committee notes however that, under sections 1 and 2, the Labour Code applies only to relations between employers and workers. The Committee asks the Government to take the measures to extend the prohibition of all forms of forced labour to employment relationships such as those between children and marabouts.

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The Committee notes that the Government’s report has not been received.

In its earlier direct requests, the Committee raised a number of points with regard to the definition of forced or compulsory labour under the terms of Article 1, paragraph 1, and Article 2, paragraphs 1 and 2, of the Convention, in relation to the possibility for civil servants and career servicemen to resign from their employment and the compulsion to work in case of vagrancy. The Committee notes the new Labour Code and intends to examine these matters in its next comment after considering its effect on the above points.

The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised previously.

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In its previous direct requests, the Committee raised a number of points with regard to the definition of forced or compulsory labour under the terms of Article 1, paragraph 1, and Article 2, paragraphs 1 and 2, of the Convention, in relation to the possibility for civil servants and career servicemen to resign from their employment and forced labour in the event of vagrancy. The Committee notes the new Labour Code and intends to examine these matters in its next comment after considering its effect on the above points.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous direct request, the Committee asked the Government to specify the provision concerning the period within which the authority must accept or refuse the resignation of public servants.

The Committee noted that section 151 of Decree No. 60-54 of 30 March 1960 issuing procedures for the implementation of the General Conditions of Service of the Public Service provides that a public servant's application to resign must be accepted or refused by the authority vested with the power of nomination within four months. The Committee noted that Ordinance No. 89-18 of 8 December 1989 establishing the General Conditions of Service of the Public Service, repealed Act. No. 59-06 of 3 December 1959 (General Conditions of Service of the Public Service). The Committee asks the Government to indicate whether any new instrument to implement Ordinance No. 89-18 has been adopted and, if so, to provide a copy of it.

2. The Committee noted the indications contained in the Government's report on the resignation of career servicemen. It requests the Government to provide a copy of Decree No. 79-23/PCMS/MDN of 1 March 1979.

3. The Committee noted that section 177 of the Penal Code defines vagrants as persons who have no known abode or means of subsistence and as a rule exercise no trade or occupation. Under section 178 of the same Code, vagrants shall be punished by a penalty of imprisonment of from three to six months.

The Committee referred to paragraphs 45 to 48 of its General Survey of 1979 on the Abolition of Forced Labour, and recalls that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a direct or indirect means of compulsion to work and should be amended so that only persons who, in addition to not working, disturb the public order by unlawful acts, are liable to punishment. The Committee asks the Government to provide information on the measures taken or contemplated to ensure observance of the Convention on this point.

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1. In its previous direct request, the Committee asked the Government to specify the provision concerning the period within which the authority must accept or refuse the resignation of public servants.

The Committee notes that section 151 of Decree No. 60-54 of 30 March 1960 issuing procedures for the implementation of the General Conditions of Service of the Public Service provides that a public servant's application to resign must be accepted or refused by the authority vested with the power of nomination within four months. The Committee notes that Ordinance No. 89-18 of 8 December 1989 establishing the General Conditions of Service of the Public Service, repealed Act. No. 59-06 of 3 December 1959 (General Conditions of Service of the Public Service). The Committee asks the Government to indicate whether any new instrument to implement Ordinance No. 89-18 has been adopted and, if so, to provide a copy of it.

2. The Committee notes the indications contained in the Government's report on the resignation of career servicemen. It requests the Government to provide a copy of Decree No. 79-23/PCMS/MDN of 1 March 1979.

3. The Committee notes that section 177 of the Penal Code defines vagrants as persons who have no known abode or means of subsistence and as a rule exercise no trade or occupation. Under section 178 of the same Code, vagrants shall be punished by a penalty of imprisonment of from three to six months.

The Committee refers to paragraphs 45 to 48 of its General Survey of 1979 on the Abolition of Forced Labour, and recalls that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a direct or indirect means of compulsion to work and should be amended so that only persons who, in addition to not working, disturb the public order by unlawful acts, are liable to punishment. The Committee asks the Government to provide information on the measures taken or contemplated to ensure observance of the Convention on this point.

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1. In earlier comments, the Committee referred to section 50(2) of the General Conditions of Service of the Public Service which provide that the resignation of a public servant does not become effective until it is accepted by the authority vested with the power of nomination. The Committee asked the Government to provide full information on the principles followed with regard to the acceptance or refusal of resignation requests.

The Committee notes the information supplied by the Government in its report (for Convention No. 105) to the effect that section 153 of the General Conditions of Service of the Public Service stipulates that a public servant's application to resign must be accepted or refused by the authority vested with the power of nomination within four months.

The Committee observes that the General Conditions of Service of the Public Service (Act No. 59-6 of 3 December 1959), which have been examined by the Committee, contain only 61 sections and that it has been unable to find any provision whose substance corresponds to the above provision referred to by the Government, either in the General Conditions of Service of the Public Service, or in Decree No. 60-54 of 30 March 1960 issuing procedures for the implementation of these Conditions of Service.

The Committee asks the Government to indicate the text in which the provision (section 153) mentioned in its report is to be found, concerning the period within which the authority must accept or refuse resignation.

The Committee notes the indications supplied by the Government concerning the ten-year period of service for students of the National School of Administration.

2. In its previous direct request, the Committee noted that no text existed on the resignation of career members of the armed forces and requested the Government to indicate the practice followed in the event of a resignation request from a career member of the armed forces. The Committee hopes that the next report will contain the information requested.