Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Niger (Ratification: 2000)

Autre commentaire sur C182

Observation

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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 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 the adoption of Ordinance No. 2010-086 of 16 December 2010 on action to combat trafficking in persons in Niger, which is a comprehensive law prohibiting all forms of sale and trafficking and providing for penalties of imprisonment of from ten to 30 years in cases where the victim is a child. It also noted that a National Plan to Combat Trafficking in Children was drawn up and validated, but had still not been adopted.

The Committee observes that the National Commission to Coordinate Action Against Trafficking in Persons (CNLTP) and the National Agency to Combat Trafficking in Persons (ANTP) have been established under the terms of Ordinance No. 2010-086 (Decrees Nos 2012-082/PRN/MJ and 2012/PRN/MJ of 21 March 2012). The CNLTP is entrusted with designing programmes, strategies and national plans to combat trafficking in persons, while the ANTP is the operational structure responsible for the implementation of the national policies and programmes initiated by the Government against trafficking in persons. The Committee urges the Government to provide information in its next report on the application in practice of Ordinance No. 2010-086 to combat trafficking in persons, including statistics on the number and nature of the violations reported, the investigations undertaken, prosecutions, convictions and penal sanctions. The Committee once again requests the Government to provide a copy of the Ordinance with its next report. The Committee also urges the Government once again to take the necessary measures to ensure the adoption on an urgent basis of the National Plan to Combat Trafficking in Children and its implementation. Finally, the Committee requests the Government to provide information on the activities carried out by the CNLTP and the ANTP in relation to combating trafficking in children under 18 years in age.

2. Forced or compulsory labour. Begging. The Committee previously noted the indication by the International Trade Union Confederation (ITUC) that children were forced to beg in West Africa, including Niger. For economic and religious reasons, many families entrusted their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they lived until they were 15 or 16 years of age (talibé). During this period, they were entirely under the responsibility of the marabout, who taught them religion and, in return, required 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 were especially vulnerable since their parents, even though they were concerned for the children’s religious education, were unable to provide for their subsistence. The children were 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, called 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 with deep concern that the Government has been repeating for a number of years 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 is therefore bound to note once again with regret that, even though the legislation is in conformity with the Convention on this matter, the phenomenon of talibé children 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 sanctions. The Committee once again 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 once again requests the Government to take the necessary measures to reinforce the capacities of the law enforcement agencies. The Committee further 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 talibé children who are compelled to engage in begging, remove them from such situations and ensure their rehabilitation and social integration. The Committee requests the Government to provide information in its next report on the progress achieved in this respect.

Clause (d) and Article 4(1). Hazardous work and the determination of hazardous types of work. Children working in mines and quarries. In its previous comments, the Committee noted that, according to the information gathered by the mission, work by children in hazardous types of work, particularly in mines and quarries, exists 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 undertaken at a workshop held in Ayorou on 2 and 3 July 2009, in collaboration with the technical ministries and the employers’ and workers’ organizations concerned.

The Committee notes that, under the terms of section 107 of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, the list of types of work covered by this section, including hazardous work, and the categories of enterprises prohibited for children, shall be determined by regulation. Expressing the hope that the list of hazardous types of work will be adopted in the very near future, the Committee urges the Government to take immediate measures to ensure the effective application of the national legislation protecting children against underground work in mines and to provide information in its next report on the progress achieved in this respect. It also once again requests the Government to provide a copy with its next report of the amended list of hazardous types of work.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted the indication by the mission in its report that it 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 also noted the ITUC’s allegations that the inadequacy of resources means that the labour inspection services were very ineffective and that no inspections on child labour were carried out in 2010. The Committee noted the Government’s indication, in reply to the ITUC’s allegations, that the it made significant efforts in 2011 to provide the labour inspection services with sufficient resources, and that these efforts would continue so that they are able to discharge effectively the duties entrusted to them.

The Committee observes that once again the Government has not provided any information on the outcomes of the inspections conducted by labour inspectors in relation to the worst forms of child labour or on the implementation of the labour inspection audit. The Committee therefore once again 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 urges the Government to provide information in this respect in its next report.

Articles 7(1) and 8. Penalties and regional cooperation. The Committee noted previously that, following the implementation of 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 observes that the Government has not provided any further information in its report concerning the interception of victims of trafficking in children and the prosecution of the perpetrators of this crime since 2009. 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 as a matter of urgency, 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.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 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, which have succeeded in raising the awareness of these actors with regard to the danger represented by this phenomenon.

The Committee notes the Government’s indication that it will continue its awareness-raising activities on the danger that child labour represents among traditional chiefs. The Committee urges the Government to provide detailed information in its next report on the awareness-raising activities undertaken by the Government in relation to traditional chiefs, civil society and local elected 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.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the findings of the National Survey on Child Labour (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 the children between the ages of 5 and 17 years engaged in types of work that are to be abolished do so under hazardous conditions. Expressing its deep concern at the situation of children under 18 years of age engaged in the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to ensure the protection of children from these forms of labour in practice, and particularly from hazardous types of work. It once again requests the Government to provide information in its next report on the progress achieved in this respect.

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