Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee notes that the draft Labour Code introduces a new section 42 prohibiting sexual harassment which does not appear to cover an intimidating, hostile or humiliating work environment. The Committee requests the Government to amend section 42 of the draft Labour Code so as to ensure that the definition and prohibition of sexual harassment covers all the elements set out in the Committee’s general observation of 2002 (attached for ease of reference). The Committee also asks the Government to indicate any other measures envisaged or taken, in cooperation with employers’ and workers’ organizations, to prevent and address sexual harassment at work.

Implementation of a national equality policy. The Committee notes the recommendations of the PAMODEC II study on “Discrimination in employment and occupation in Niger”, which include, the need for awareness raising and educational programmes and more in-depth research on the nature and extent of discriminatory practices, as well as the development of an action plan to combat discrimination in employment and occupation. It notes that the findings and recommendations, including a proposed action plan were discussed at a validation workshop in 2009. The Committee requests the Government to provide information on the steps taken to follow-up on the recommendations of the study and the progress made in the adoption and implementation of an action plan to eliminate discrimination in employment and occupation.

Equality of opportunity and treatment of men and women. With respect to the employment of women in the semi-public and private sectors, the Committee notes from the statistics provided by the Government that the percentage of women employees more or less stagnated and even decreased from 22.25 per cent in 2005 to 21.37 per cent in 2007. The Committee also notes the statistics regarding the civil service indicating that in 2008 women constituted approximately 30 per cent of the civil servants, and are least represented in the highest category. The Government’s report further indicates that the majority of the population is engaged in informal sector activities and that women make up 42 per cent of the informal sector. In the light of the abovementioned research on discrimination in employment and occupation, the Committee asks the Government to provide information on the specific steps taken, in the context of an action plan or otherwise, (i) to increase women’s participation in the semi-public and private sector employment and in the civil service, including in posts of responsibility; and (ii) to examine the nature and extent of inequalities faced by women in the informal economy, and report on the results achieved.

Article 5 of the Convention. Special protective measures. Restrictions on the employment of women. The Committee recalls that section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967, contain certain protective measures excluding women from employment to protect their health and safety, which in view of the Committee go beyond what is strictly necessary to protect maternity and pregnant and nursing women. The Committee notes that section 101 of the draft Labour Code still contains restrictions on women’s employment. The Committee requests the Government to take the opportunity of the legislation reform to amend section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 so as to provide for the protection of only pregnant women and not women generally.

Affirmative action. The Committee notes the Government’s statement that in order to address the fact that women, young persons and disabled people do not always enjoy the constitutional right to work in practice, it has taken affirmative action with a view to improving their access to vocational training and employment. The Committee asks the Government to provide further details of the kind of affirmative action it has taken to promote the access of women, young persons and disabled people to vocational training and employment, as well as of the results achieved by these measures.

National institutions. The Committee notes that the National Commission to Combat Forced Labour and Discrimination has adopted an action plan aimed at (a) strengthening the institutional framework to combat forced labour and discrimination; (b) promoting decent work through development of public awareness; and (c) preventing and combating poverty through development actions targeting the groups concerned. The Government indicates that it has undertaken a number of measures to implement the objectives of the plan, including awareness raising and educational activities, and that the State supports different social groups in general and in rural areas. The Committee requests the Government to provide further details on the specific activities carried out under the action plan of the National Commission to Combat Forced Labour and Discrimination, and in particular on the impact of these activities on eliminating discrimination in employment and occupation.