Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Niger (Ratification: 1962)

Articles 1, 2, 4 and 6 of the Convention. Scope of application. Public servants. The Committee notes that magistrates, lecturers and researchers in universities and similar institutions, staff of administrations, services and public establishments of the State that are industrial or commercial in nature, staff of the customs, water and forestry services, and staff of the National Academy of Administration and Magistracy, territorial communities and the parliamentary administration are excluded from the scope of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations (section 41), as amended by Act No. 2008-47 of 24 November 2008. The Committee requests the Government to indicate the legislative provisions which guarantee the application of the provisions of the Convention to these categories of public servants.

Articles 2 and 3. Protection against acts of anti-union discrimination and acts of interference against public servants. The Committee notes that section 14 of the General Public Service Regulations provides that public service employees enjoy the rights and freedoms recognized by the Constitution and that they may establish and join professional trade unions and hold office therein under the conditions laid down by the regulations in force. The Committee notes that neither the General Public Service Regulations nor Decree No. 2008 244/PRN/MFP/T of 31 July 2008, implementing Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations, contains any provisions which explicitly prohibit acts of anti-union discrimination or interference or which ensure adequate protection for workers’ organizations against acts of anti-union discrimination or interference by means of prompt and effective penalties and procedures. The Committee requests the Government to indicate whether any regulations are in force which ensure such protection for public servants.

Article 6. Collective bargaining right for public servants. The Committee notes that section 33 of the General Public Service Regulations provides for the existence of a public service advisory council which has competence for examining all general issues relating to the public service. The Committee further notes that, under section 329 of Decree No. 2008-244/PRN/MFP/T of 31 July 2008 implementing the Act issuing the General Public Service Regulations, pending the appointment of the most representative professional organizations of established and contractual public servants, the staff representatives within the public service advisory council, the boards for the promotion and establishment of officials and the disciplinary council are appointed by the minister responsible for the public service in accordance with the relevant provisions relating to branch, category and/or grade. The Committee considers that the determination of the most representative organizations for the purposes of consultation must be undertaken according to precise and objective criteria pre-established in the legislation since such an appraisal should not be left to the discretion of governments so as to avoid any possibility of bias or abuse. The Committee requests the Government to take the necessary measures as soon as possible, by legislative or other means, to ensure that the determination of the representativeness of public service trade unions for consultation purposes is undertaken according to criteria which are in conformity with the principles of freedom of association.

However, the Committee recalls that all public servants not engaged in the administration of the State should not only be consulted in the context of joint committees but also enjoy the right to collective bargaining with respect to their conditions of employment. The Committee requests the Government to take steps to guarantee the right to collective bargaining to these public servants and to provide information on any measures taken towards this end.