Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Niger (Ratification: 1961)
Protocol of 2014 to the Forced Labour Convention, 1930 - Niger (Ratification: 2015)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the strengthening of the legislative and institutional framework to combat trafficking in persons through the adoption of Ordinance No. 2010-086 of 16 December 2010 related to combat trafficking in persons. It encouraged the Government to take measures to ensure that the National Coordinating Committee for Action against Trafficking in Persons (CNCLTP) and the National Agency for Action against Trafficking in Persons (ANLTP) can fulfil their respective mandates.

The Government indicates in its report that a national action plan to combat trafficking in persons was adopted in July 2014 comprising six strategic components: enhancing the institutional framework; reinforcing prevention; providing assistance to victims; stepping up repression; reinforcing cooperation; and conducting evaluations. The ANLTP is responsible for implementing the plan for 2014–19. The Government describes a number of awareness-raising activities for civil society and for religious leaders and the competent authorities which were carried out by the ANLTP in 2013 and 2014 in various places in the country and also refers to those planned under the ANLTP annual programme for 2015. Training activities for magistrates, law enforcement officials and the prosecution authorities have also been organized. The Government explains that in the context of these activities the law enforcement authorities have reported inconsistencies and obstacles encountered in the application of the Ordinance of 2010 referred to above. In order to remedy these deficiencies, revision of the Ordinance is under way. The Committee duly notes this information and encourages the Government to continue implementing the six components of the national action plan to combat trafficking in persons. The Committee requests the Government to continue providing detailed information on the measures taken in this context and on any evaluation made by the competent authorities (especially through the CNCLTP annual reports and ANLTP annual work programmes). The Committee also requests the Government to describe the capacity-building measures adopted to enable the competent authorities to identify victims of trafficking and provide them with appropriate protection. Lastly, the Committee requests the Government to provide information on the obstacles identified by the law enforcement authorities in the application of Ordinance No. 2010-86 of 16 December 2010 concerning action to combat trafficking in persons, on the progress made on its revision, as well as on the judicial proceedings initiated in trafficking cases and the penalties imposed.

2. Freedom of career members of the armed forces and public servants to leave the service. The Committee notes the information sent by the Government in reply to its previous comments regarding the application of the provisions governing the resignation of public servants and career members of the armed forces, which are laid down in Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations and its implementing Decree (Decree No. 2008-244/PRN/MFP/T of 31 July 2008) and in Ordinance No. 2010-75 of 9 December 2010 establishing the regulations for military personnel in the armed forces.

3. Indirect compulsion to work in the event of vagrancy. For many years, the Committee has been drawing the Government’s attention to sections 177 and 178 of the Penal Code, which penalize vagrancy by defining it too broadly, thereby potentially becoming a means of indirect compulsion to work. According to these provisions, vagrants, who are defined as persons with no fixed abode or means of subsistence and usually have no trade or occupation, are liable to imprisonment penalties of three to six months. The Committee trusts that the Government will take the necessary measures as soon as possible to bring sections 177 and 178 of the Penal Code into line with the Convention, ensuring that only persons who disrupt public order may incur the penalties for the offence of vagrancy established by sections 177 and 178 of the Penal Code.