Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Niger (Ratification: 1978)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request, which read as follows:

The Committee notes that the legislation has not yet been amended to give further effect to the Convention. The Committee trusts that the necessary measures will be taken in the near future and that the Government will report, in particular, on progress made on the following points:

Article 1 of the Convention.  The Committee notes the restructuration measures that have taken place in the Ministry of Public Service and Labour. It further notes that a study has been undertaken in the first half of 1992, to conceive a "Training and employment programme". The Committee requests the Government to keep it informed on the progress of this programme and on any other measures undertaken, particularly:

(a)  the economic and social measures taken or under consideration to promote employment and to alleviate poverty wherever it exists, and to ensure family living standards and income which are such as to make it unnecessary to have recourse to the economic activity of children;

(b)  the measures taken or under consideration in the areas of education and vocational orientation and training, taking into account that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment.

Article 2, paragraph 1.  The Committee notes that so far, no exemption to the prohibition under section 116 of the Labour Code for children under 14 years of age to work in enterprises has been granted. The Committee requests the Government to inform it if this situation should arise and to provide a copy of the Decrees adopted.

Article 2, paragraph 5.  The Government is requested to supply the information required by this provision of the Convention.

Article 3, paragraph 3.  The Committee notes that the Government plans to adopt measures to give full effect to the Convention on this point. As dangerous work does not only occur in the manufacturing industry, but also in many other branches of the economy (e.g. construction work, agriculture, transport, etc.) it hopes that the Government will indicate the measures taken to ensure that young persons over the age of 16 who are authorized to engage in work likely to jeopardize their health and safety receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to supply information on the consultations held on this subject with the employers’ and workers’ organizations concerned.

Article 8.  In the absence of specific information on this point, the Committee repeats its former request:

Section 129 of the Decree of 7 September 1967 provides that the labour inspector may, in individual cases, authorize the employment of children under the age of 14 in artistic performances. However, this provision does not specify that such exceptions may be granted only after consultation with the organization of employers and workers concerned. Furthermore, section 129 does not provide that the individual permits so granted shall limit the number of hours during which, and prescribe the conditions under which employment is allowed, as required by paragraph 2 of this Article. The Committee hopes that the Government will have no difficulty in bringing the legislation into full conformity with the Convention on this point during the revision of the Labour Code and that it will indicate the measures taken in this respect.