Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the comments of the ITUC reporting the existence in the country of the internal trafficking of girls for domestic work, as well as the trafficking of boys for economic exploitation and of girls for sexual exploitation. It also noted that, according to the information obtained by the high-level fact-finding mission (the mission), which visited Niger from 10 to 20 January 2006 at the request of the Conference Committee in June 2005, “Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa,” and that “Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children.” The Committee noted that, when examining the second periodic report submitted by Niger on 20 November 2008 (CRC/C/NER/2, paragraphs 433–437), the Committee on the Rights of the Child (CRC) observed that the national survey on trafficking in persons showed that, of the 1,540 households surveyed, 5.8 per cent answered that a member of the household had been a victim of trafficking and 29.4 per cent answered affirmatively that there had been human trafficking in their locality/village/neighbourhood. The Committee noted the Government’s indication that a National Plan to Combat Child Trafficking had been drawn up and approved. It also noted that a Bill for the prevention, repression and punishment of trafficking in Niger had been drafted by the Niger Association for the Defence of Human Rights, but that the Bill on trafficking had still not been adopted by Parliament, and that accordingly the legal void persisted in that respect.

The Committee notes that, according to a report on trafficking of persons of 2011 (the 2011 trafficking report), available on the website of the United Nations High Commissioner for Refugees, the Government appears to have adopted Ordinance No. 2010-86 to combat the trafficking of persons in December 2010, which consists of comprehensive legislation prohibiting all forms of sale and trafficking and establishing sentences of imprisonment of between ten and 30 years in cases where the victim is a child. However, the Committee notes the Government’s indication that the National Plan of Action to Combat Child Trafficking has still not been adopted. The Committee requests the Government to provide information on the application of Ordinance No. 2010-86 to combat trafficking of persons in practice, including statistics on the number and nature of the violations reported, investigations conducted, prosecutions and convictions obtained, and the penal sanctions applied. The Committee requests the Government to provide a copy of this Ordinance with its next report. The Committee also urges the Government to take the necessary measures to ensure the adoption of the National Plan of Action to Combat Child Trafficking as soon as possible.

2. Forced or compulsory labour. Begging. The Committee noted previously the indication by the ITUC that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years of age. During this period, they are entirely under the responsibility of the marabout, who teaches them religion and, in return, requires them to carry out certain tasks, including begging. The Committee noted that the existence of begging for purely economic ends had been acknowledged by those interviewed by the mission, including the Government, and that, in this form of begging, children are especially vulnerable since their parents, even though they are concerned for the children’s religious education, are unable to provide for their subsistence. The children are, therefore, left entirely dependent on the marabouts. The Committee expressed serious concern at the use of children for purely economic ends by certain marabouts, particularly since, according to the information gathered by the mission, this form of begging seemed to be very much on the increase.

The Committee noted previously that a National Observatory to Combat Begging had been set up. It also noted with interest that Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Minister of Justice of Niger, addressed to the various judicial authorities, calls for sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age, who habitually engage in begging, who cause others to beg or who knowingly make a profit from begging, to be strictly applied through the prosecution, without leniency, of any persons engaging in begging or using children for begging for purely economic ends. In this respect, the Committee noted the Government’s indications that there had been some cases of the arrest of marabouts presumed to use children for purely economic ends. However, the Government indicated that in general they are released for lack of legal proof of their guilt.

The Committee notes the Government’s indication that Niger has undertaken awareness-raising campaigns with a view to changing attitudes with the support of NGOs and development partners, including UNICEF. However, the Committee notes with concern the Government’s indication once again in its report that marabouts who have been arrested for using children for purely economic ends have been released for lack of legal proof of their guilt. The Committee, therefore, once again notes with regret that, even though the legislation is in conformity with the Convention on this matter, the phenomenon of child talibés remains a cause of serious concern in practice. The Committee once again reminds the Government that, under Article 1 of the Convention, immediate and effective measures have to be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour, and that under Article 7(1) of the Convention, it is under the obligation to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who use children under 18 years of age for purely economic ends are carried out and that sufficiently effective and dissuasive sanctions are applied to them. In this respect, the Committee requests the Government to take the necessary measures to reinforce the capacities of law enforcement agencies. The Committee also requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify child talibés who are compelled to engage in begging, remove them from such situations and ensure their rehabilitation and social integration.

Clause (d). Hazardous types of work. Children working in mines and quarries. In its previous comments, the Committee noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 prohibits the employment of children in underground work in mines. However, it noted that, according to the information gathered by the mission, work by children in hazardous types of work, particularly in mines and quarries, existed in informal locations, that young children accompany their parents to informal sites and that they “become involved in the chain of production, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or, in some cases, tasks that are physically hazardous for more than eight hours a day, every day of the week, running the risk of accident or disease”. The Committee noted with interest that the Minister of the Interior had issued a circular strictly prohibiting the employment of children in mines and quarries in the areas concerned, namely Tillabéri, Tahoua and Agadez, and that the Minister for Mining had received directives to take this prohibition into account in drawing up mining agreements. However, the Committee noted the Government’s indication that no conviction had yet been handed down in this respect. It further noted that the review and modification of the list of hazardous types of work were carried out at a workshop held in Ayorou on 2 and 3 July 2009. In this respect, the Committee noted the Government’s indication that the list of hazardous types of work was drawn up under the responsibility of the Ministry of Labour, in collaboration with the technical ministries and the employers’ and workers’ organizations concerned.

The Committee notes the Government’s indication that the list of hazardous types of work has been reviewed and improved by the Ministry of Labour, in collaboration with the technical ministries and employers’ and workers’ organizations. The Government adds that it will provide the Office with a copy of this list when it has been adopted. Expressing the hope that the list of hazardous types of work will extend the protection afforded by the Convention to children working in mines in the informal sector who are obliged to engage in hazardous types of work, the Committee urges the Government to take the necessary measures for the adoption of this list in the very near future. It therefore requests the Government to provide a copy of the amended list of hazardous types of work with its next report. It also urges the Government to take immediate measures to ensure the effective application of the national legislation for the protection of children against underground work in mines.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted the indication by the mission in its report that “the labour inspectorate, which plays a key role in combating child labour and forced labour, is severely lacking in both the human and material resources needed to perform its duties”. The mission recommended that a labour inspection audit be carried out to ascertain the exact nature and extent of the needs of the labour inspectorate in Niger. The Committee noted the Government’s indication that it was making every effort to ensure that the audit was carried out in the near future.

The Committee notes the allegations of the ITUC that the inadequacy of resources means that the labour inspection services are very ineffective and that no inspections on child labour were carried out in 2010.

The Committee notes the Government’s indication in reply to the ITUC’s allegations that the labour inspection services have lacked resources for a long time, but that the Government has made significant efforts in 2011 to provide them with sufficient resources, and that these efforts will continue so that they are able to discharge effectively the duties entrusted to them.

The Committee notes that, in its report provided to the Office under the Labour Inspection Convention, 1947 (No. 81), the Government once again agrees to the audit being carried out. However, it notes with concern that the audit has still not been undertaken. The Committee, therefore, urges the Government to take the necessary measures to reinforce and adapt the capacities of the labour inspection services so as to ensure better supervision of children under 18 years of age who are engaged in the worst forms of child labour, including the implementation of the mission’s recommendation. It once again requests the Government to provide information in this respect in its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. In its previous comments, the Committee noted from the mission report that “parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools at least train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger”. The Committee noted the mission’s recommendation that the operation “of the education system needs to be improved to ensure access for all to high-standard education”. With regard to Koranic schools, the Committee noted that, in the context of the Franco-Arab education support project, measures had been taken for the restructuring of these schools. The Committee also noted that the Ten-year Educational Development Programme (PDDE), drawn up in 2002, aims to achieve an 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between girls and boys. The Committee however noted that, in its concluding observations of 18 June 2009, the CRC expressed concern at the poor quality of the education system, the high drop-out rate and the weak gender equity in education (CRC/C/NER/CO/2, paragraph 66).

The Committee notes the Government’s indication that several actions have been taken to prevent the engagement of children in the worst forms of child labour, including their school attendance. In this respect, the Government indicates that programmes of action have resulted, among other outcomes, in the enrolment in school of 922 children, including 440 girls in Komabangou, with a view to preventing them from becoming engaged in the worst forms of child labour. It also notes the school enrolment of 1,273 children in M’Banga; the support for the recruitment of teachers for primary schools in M’Banga, Komabangou and 16 satellite villages; and the implementation of the support project for the school enrolment of children and young school drop-outs in the rural community of Makalondi.

However, the Committee notes that, according to the National Survey of Child Labour in Niger of 2009 (ENTE), only 39 per cent of girls between the ages of 7 and 17 years engaged in a type of work that is to be abolished attend school, compared with 47 per cent of boys. Furthermore, the proportion of boys between the ages of 7 and 11 years who attend school is 56 per cent, compared with 48 per cent for boys aged 12 and 13 years, and 24 per cent for the 14–17-year age group. Among girls, these proportions are respectively 46.4 per cent, 28 per cent and 13 per cent. The ENTE also indicates that, among children engaged in forms of work that are to be abolished, 57.2 per cent do not attend school. The failure to attend school is of greater concern among children between the ages of 14 and 17 years who are engaged in hazardous types of work, 80.9 per cent of whom do not attend school. With regard to school drop-outs, 21.4 per cent of children between the ages of 7 and 17 years engaged in types of work that are to be abolished have dropped out of school, out of which 36.5 per cent of children between the ages of 14 and 17 years are engaged in hazardous types of work. The Committee therefore expresses its deep concern at the school attendance rates and the school drop-out rates of children who are compelled to work. Accordingly, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the operation of the educational system, taking into account the special situation of girls. In this respect, it also requests the Government to ensure an increase in school enrolment rates and a reduction in school drop-out rates, and to adopt other measures for the integration of Koranic schools into the national educational system. It requests the Government to continue providing information on the results achieved.

2. Raising awareness and educating the public about the problems of child labour and forced labour. The Committee noted previously the recommendation made by the mission in its report that specific measures should be taken “to raise awareness among Koranic teachers and parents to prevent the ‘instrumentalization’ of begging by certain marabouts”. The Committee noted the information provided by the Government concerning the awareness-raising and training activities undertaken among those involved in combating child labour, and particularly its worst forms, including political decision-makers, employers, community leaders and traditional chiefs, police officers, magistrates, current or potential working children, parents, teachers, students and the public in general with regard to the problem of child labour.

The Committee notes the Government’s indication that the awareness-raising campaigns have succeeded in raising the awareness of the actors concerned with regard to the danger represented by this phenomenon. The Government adds that it is continuing awareness-raising activities, including for the population in general, with a view to changing attitudes. The Committee once again requests the Government to provide detailed information on the awareness-raising activities undertaken for traditional chiefs, civil society and elected local officials, and on their impact in terms of the number of children who have been prevented from begging for purely economic ends by certain marabouts.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the results of the implementation of the ILO–IPEC project for the prevention and elimination of child labour in artisanal gold mining in West Africa. It also noted that the measures for the social integration of victims of the worst forms of child labour removed from gold mines are provided free of charge by national associations and NGOs, with the support of technical ministries and partners, such as UNICEF.

The Committee notes the ITUC’s allegations that the use of children in gold, salt and gypsum mines and other forms of extraction persists. The ITUC indicates that these children have to work under deplorable conditions, with inadequate ventilation, the risk of rock falls and a lack of light, and that they are exposed to the consumption of alcohol and drugs.

The Committee notes the Government’s indication that the ILO–IPEC project has come to an end in Niger. The Government adds that, despite this, the schools built in the context of the project continue to enrol a significant number of students. The Committee requests the Government to provide information on the number of children who are, in practice, removed from artisanal gold mines and then rehabilitated and socially integrated, particularly in schools built for that purpose. Furthermore, noting that the ILO–IPEC project has come to an end, the Committee strongly encourages the Government to continue taking measures to remove children under 18 years of age from these mines and for their rehabilitation and social integration. It requests the Government to provide information on the progress achieved in this respect.

Article 8. Regional cooperation. The Committee noted previously that, in addition to the multilateral cooperation agreement to combat child trafficking in West Africa, signed in July 2005, Niger also signed the Abuja Multilateral Cooperation Agreement in 2006 and a bilateral agreement for the establishment of a mixed frontier control brigade between Niger and Nigeria. Following the implementation of these various cooperation agreements to combat trafficking in children, Niger has established 30 vigilance committees and widespread joint mobile brigades on all national frontiers. The Government added that child victims of trafficking have been intercepted in frontier areas. However, the Committee noted with deep concern the Government’s indication that those presumed guilty had been released by the police for lack of legal proof.

The Committee notes the Government’s indication that no new cases of trafficking of children have been recorded since 2009. However, according to the 2011 trafficking report, the Government assisted in the repatriation of 89 child victims of trafficking to Mali, Nigeria, Burkina Faso, Benin, Cameroon and Liberia, and the return to their villages from Niger. Recalling that under Article 7(1) of the Convention, the Government is under the obligation to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, the Committee once again urges the Government to take the necessary measures to ensure that persons involved in the trafficking of children are prosecuted and that sufficiently effective and dissuasive sanctions are imposed upon them, in the context of the agreements concluded with other signatory countries.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the ENTE had already been undertaken by the National Institute of Statistics and that the findings would be provided to the Office when they were published.

The Committee notes that, according to the findings of the ENTE, 83.4 per cent of economically active children between the ages of 5 and 17 years, or 1,604,236 children, are engaged in types of work that are to be abolished. Of these, 1,187,840 children are involved in hazardous types of work and, as a result, 74 per cent of children between the ages of 5 and 17 years engaged in types of work that are to be abolished do so under hazardous conditions. The gender distribution of children engaged in hazardous types of work shows that girls (31.2 per cent) and boys (31.1 per cent) are involved almost in the same proportions. The Committee also observes that children in rural areas (36.6 per cent) are more exposed than those living in urban centres (18.2 per cent) and in Niamey (7.5 per cent). Expressing its deep concern at the situation of children under 18 years of age engaged in the worst forms of child labour, the Committee urges the Government to renew its efforts to ensure the protection of children from these forms of labour in practice, and particularly from hazardous types of work. It requests the Government to continue providing information on the progress achieved in this respect.

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