Texts of pending comments

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to indicate the legislative provisions that ensure that the rights guaranteed by the Convention are enjoyed by the following categories of workers: judges; teachers and researchers in universities and similar institutions; the personnel of administrations, services and public establishments of the State that are industrial or commercial in nature; staff of customs, water and forestry services, and of the National School of Administration and Magistracy; and the personnel of local authorities and the parliamentary administration. The Committee observed that section 41 of Act No. 2012-045 of 25 September 2012 issuing the Labour Code excludes these categories from its scope of application. The Committee notes the Government’s indication that section 14 of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations guarantees that public service employees enjoy the right to establish and join a trade union. It also notes the Government’s indication that no legislative provisions modify or limit the ability of public sector workers to exercise the rights guaranteed by the Convention. The Committee requests the Government to indicate the legislative provisions, if any, which ensure that the above categories of workers, who are not covered by the scope of application of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations, enjoy the rights guaranteed by the Convention.

Article 3. Right to elect trade union representatives in full freedom. In its previous comments, the Committee observed that, under section 190 of the Labour Code, the members responsible for the administration or management of a trade union must, inter alia, be in possession of their civic rights, and requested the Government to specify the nature of these rights to ensure that this requirement does not impede the right of the organizations to elect their trade union leaders in full freedom. The Committee notes that the Government continues to indicate that the purpose of this requirement is not to restrict the autonomy of trade union organizations, but rather to limit the access to trade union office of persons convicted of crimes or offences, persons who have failed to comply with a summons to appear in court and persons deprived of legal capacity. The Committee once again recalls that conviction for an act, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties, should not constitute grounds for disqualification from trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 106). The Committee therefore once again requests the Government to indicate the legislative provisions that determine the crimes and offences for which final conviction results in ineligibility for trade union administrative office or leadership, and to specify the circumstances in which a person may be deprived of legal capacity.

Compulsory arbitration. In its previous comments, the Committee requested the Government to provide further details on whether the parties to a dispute may object to an arbitration award and the consequences of such opposition. It also noted the Government’s indication that contesting an arbitration award did not carry any consequences for the contestant party, and that there were two ways to contest an arbitration award: (i) by objecting to the award within two days of the notification of the award to the parties, in accordance with section 331 of the Labour Code; and (ii) by applying, once the award has become binding, to the judicial chamber of the Court of Cassation for the award to be set aside on the grounds of lack of jurisdiction or violation of the law, in accordance with section 335 of the Labour Code. The Committee recalled that recourse to compulsory arbitration to bring an end to collective labour disputes and strikes, in the absence of an agreement by the parties, is only acceptable when the strike in question may be restricted, or even prohibited, that is: in the case of disputes concerning public servants exercising authority in the name of the State; in conflicts in essential services in the strict sense of the term; or in situations of acute national crisis (see the 2012 General Survey on the fundamental Conventions, paragraph 153). Noting with regret that the Government confines itself to indicating that there have been no changes since the last report, the Committee once again requests the Government to indicate the procedure that follows the notification of opposition in writing to the labour inspectorate, in accordance with section 331(2) of the Labour Code, including any additional time limits imposed as part of the procedure and whether the two-day limit may be extended or waived in exceptional circumstances.

Article 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to take the necessary steps to amend section 191 of the Labour Code, which provides that workers over 16 years of age but under the age of majority may join trade unions, to ensure that the minimum age for membership to a trade union is the same as that fixed by the Labour Code for admission to employment (14 years, according to section 106 of the Code). In this regard, the Committee noted the Government’s indication of its commitment to take this request into consideration when amending the Labour Code, and requested it to provide information on any progress made in this regard. Noting that the Government has provided no new information on the amendment of Act No. 2012-45 issuing the Labour Code, the Committee once again requests the Government to provide information on any progress made in this regard.

Articles 3 and 10. Provisions on requisitioning. In its previous comments, the Committee recalled that it had been asking the Government for many years to amend section 9 of Ordinance No. 96-009 of 21 March 1996 regulating the exercise of the right to strike of state employees and local authority employees so as to limit the restrictions on the right to strike to public servants exercising authority in the name of the State, to essential services in the strict sense of the term, or to cases in which work stoppages may provoke an acute national crisis. The Committee noted that, according to the Government, the occupational elections process, the purpose of which was to revive the ordinance review mechanism, was proceeding normally and that it remained open to negotiations with the social partners. The Committee therefore invited the Government to take all necessary measures to accelerate this process and requested it to provide information on any developments in this regard. The Committee welcomes the information provided by the Government, according to which, following negotiations with the social partners, it accepted a complete revision of the texts regulating the right to strike requested by the Confederation of Workers of Niger (ITN), and the two parties agreed to create a framework involving all stakeholders to steer the discussions, the results of which were to be made available and transmitted to the National Assembly, for adoption in March 2019. The Committee trusts that, in this context, the Government will not fail to take, without delay, all the necessary measures to amend section 9 of Order No. 96-009 of 21 March 1996 in light of the Committee’s long-standing comments. It requests the Government to provide information on any developments in this regard. It also reminds the Government that it can avail itself of the technical assistance of the Office in relation to the revision of the laws regulating the right to strike.

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

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of specific legislative measures providing adequate protection for public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and, for that purpose, establishing expeditious and effective penalties and procedures. The Committee notes that the Government once again indicates that freedom of association and the right to collective bargaining are recognized by article 9 of the Constitution of 10 November 2010 and that personnel who are not governed by either the provisions of the Labour Code or of the General Public Service Regulations have established trade unions. However, the Committee notes that Government still does not refer to any specific measures that would protect the above category of personnel against acts of anti-trade union discrimination, and that it does not indicate whether it has taken steps to adopt such provisions. The Committee therefore once again requests the Government to take the necessary measures without delay to include in the legislation provisions protecting public servants not engaged in the administration of the State against acts of anti-union discrimination and interference, and to establish, for that purpose, expeditious and effective penalties and procedures. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Criteria for determining the representativeness of employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on the holding of occupational elections and their outcome in order to determine the representativeness of workers’ and employers’ organizations. The Committee notes with interest the Government’s information concerning the holding and results of the occupational elections that took place in 2019 and Order No. 0072/MET/PS/DGT/DT/PDS of the Ministry of Employment, Labour and Social Protection of 19 September 2019 declaring the final results of the occupational elections of 31 July 2019. The Committee trusts that the holding of these elections and the resulting determination of the representativeness of professional organizations will contribute to the increased use of collective bargaining mechanisms in the country. In this regard, the Committee requests the Government to provide information on the number of collective agreements signed and in force in the country, the sectors concerned and the workers covered. It also requests the Government to provide information on any other measures adopted or envisaged to promote collective bargaining.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee, after having noted with satisfaction the conclusion, between 2012 and 2014, of four major collective agreements concerning both the public and private sectors, invited the Government to ensure that the legislation in force is aligned with the practice concerning the recognition and exercise of the right to collective bargaining in the public sector, and to continue providing information on the number of collective agreements concluded in the public sector. The Committee notes that the Government confines itself to indicating that freedom of association is a constitutional right in Niger, the exercise of which is not subject to any restrictions, but does not provide any new information in response to the Committee’s specific requests. The Committee therefore once again requests the Government to take all the necessary measures to ensure that the legislation in force is aligned with the practice and guarantees the right to collective bargaining of public servants not engaged in the administration of the State who are governed by a specific legislative or regulatory status, and accordingly excluded from the application of section 252 of the Labour Code.

Article 1 of the Convention. Policies and programmes. Close links between employment and vocational training. The Committee notes the Government’s indication concerning the finalization of the first draft of a new National Employment Policy in 2018. It also notes the information provided regarding the various programmes run by the National Employment Promotion Agency (ANPE) and the partnerships concluded by the ANPE in the areas of vocational training and vocational guidance, namely: the internships supported by the Young Persons’ Integration Programme (PAIJ); the programme to support enterprise creation; the programmes implemented by the ANPE with the support of the Skills Development Project for Growth (PRODEC); the partnership agreement signed between the ANPE and the Vocational Training and Apprenticeship Support Fund (FAFPA), the implementation of which included the training of 190 persons in various fields at the direct request of enterprises or following the ANPE’s observation of a lack of skills on the labour market; and the partnership agreement with an online training platform, through which job applicants in Niger will be able to receive free training in certain areas. The Committee further notes the information provided by the Government concerning the activities carried out by the FAFPA during the period 2018–19, according to which 17,291 persons benefitted from the various training courses provided. However, the Committee notes that the Government does not indicate the number of beneficiaries who gained access to employment following their participation in these programmes. The Committee requests the Government to provide information on any progress made concerning the adoption and content of the new National Employment Policy, specifying the provisions concerning human resources development, and indicating the manner in which the new National Employment Policy envisages the establishment of close links between vocational guidance, vocational training and employment. It requests the Government to provide a copy of the new National Employment Policy once it has been adopted. The Committee further reiterates its request for information on the coordination of activities and programmes implemented by the various competent agencies and bodies in the areas of vocational guidance and vocational training, in particular the ANPE and the FAFPA. It also requests the Government to indicate the manner in which it ensures that these programmes and activities are comprehensive and coordinated, as required by Article 1 of the Convention. The Committee finally requests the Government to provide updated statistical data, disaggregated by sex, age and sector, on the results achieved by vocational guidance and vocational training programmes in terms of the labour market integration of beneficiaries.

Article 1(5). Equality of opportunity. In its previous comments, the Committee requested the Government to provide information concerning the inclusion of gender issues in vocational training and vocational guidance programmes, as well as the status of persons with specific needs, such as persons with disabilities. The Committee notes the Government’s indications concerning the participation rate of women in the internships provided under the contract for initiation to working life (COSIVIP), which is 43.78 per cent, and in the entrepreneurship training provided under the programme to support enterprise creation, which is 36 per cent. The Government further indicates that in these placement services, the ANPE adopts an equality of opportunities approach for the integration of all job applicants of both sexes and those belonging to specific groups, such as persons with disabilities. Concerning the activities and programmes implemented by the FAFPA, the Government indicates that a quota of 30 per cent is reserved for women during planning, and that during recruitment, the FAFPA applies positive discrimination in favour of women candidates. The Government refers to the results of a survey on the labour market integration of young persons in the regions of Agadez and Zinder, and indicates that the proportion of young women trained by the FAFPA and integrated into the labour market was 35.33 per cent. Concerning the measures taken to encourage women to undertake training in non-traditional areas, the Government indicates that the regional branches of the FAFPA conduct awareness-raising activities with a focus on the importance of training in industrial fields for young women and that, during registration, young women are directed towards these fields. The Government indicates, for example, that in 2019, the FAFPA regional branch in Niamey trained 30 young women in electrical building services, and states that gender issues are addressed in all FAFPA activities. The Committee welcomes the measures taken by the Government to increase the participation of young women in the activities and programmes implemented by the FAFPA. It requests the Government to continue providing updated and detailed information on the specific measures aimed at encouraging and enabling women to develop and use their vocational skills throughout their lives, in all branches of activity and at all levels of skills and responsibility, including in non-traditional areas. The Committee also requests the Government to provide updated and detailed information on the measures taken to ensure that specific groups of workers who encounter difficulties in obtaining employment, such as young persons, persons with disabilities, rural workers and workers in the informal economy, benefit from equal access to lifelong vocational guidance, education and training opportunities.

Article 3. Information systems. The Committee notes the Government’s indications concerning the number of jobseekers and employers who have benefited from services matching vacancies and jobseekers between 2011 and 2018. The Government also indicates that the ANPE plans to develop a computer application to further facilitate labour market mediation. The Committee also notes the Government’s indications regarding the awareness-raising actions undertaken by the FAFPA, which aim to increase awareness of the opportunities provided by training, and which target all strata of society. In this regard, the Government refers to the information and guidance system for young persons under the NIG 801 project, implemented by the FAFPA in partnership with the European Union, and indicates that the Council for Young Persons and the Regional Council are involved in identifying young persons, and that persons with disabilities are supported through the provision of training and integration. Noting that the NIG 801 project was designed to support the training and integration of young women and men in the regions of Agadez and Zinder, and that the project ended in November 2020, the Committee requests the Government to provide updated information on the measures taken to progressively extend the systems of vocational guidance and continuous employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to young persons and adults. It also reiterates its request to the Government to describe the type of information available for the purposes of vocational guidance, and the manner in which this information is kept updated, and to provide examples of the documentation available.

Article 5. Cooperation with the social partners. While noting the information provided by the Government on the powers and the tripartite composition of the ANPE Executive Board, the Committee recalls that, on page 47 of its 2010 General Survey concerning employment instruments, it indicates that consultation with the social partners in both the design and implementation of training policies and programmes is imperative to ensure the application of the Convention. The Committee therefore requests the Government to continue providing updated information on the participation of employers’ and workers’ organization in the formulation and implementation of vocational guidance and vocational training policies and programmes.

Comments adopted by the CEACR: Niger

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C142 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)