Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 29) sur le travail forcé, 1930 - Niger (Ratification: 1961)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Niger (Ratification: 2015)

1. Freedom of career members of the armed forces to leave the service. The Committee notes that, in accordance with Title VI (service relations) of Ordinance No. 99-62 of 20 December 1999 issuing the conditions of service of military personnel in the armed forces of Niger and of the national gendarmerie, non-commissioned officers, members of the gendarmerie and rank-and-file members of the armed forces are covered by renewable fixed-term contracts (or commissions). Officers remain in active service up to the age limit for their grade. The Committee previously noted that, under the terms of section 21 of this Ordinance, the resignation of career members of the armed forces is still subject to the approval of the authority exercising the power of nomination (as was the case under Decree No. 079-23/PCMS/MDN of 1 March 1979). The above authority could therefore refuse the resignation of a member of the armed forces, thereby compelling him to continue in service. The Committee recalls that, while compulsory military service is excluded from the scope of application of the Convention, career members of the armed forces, who have joined the forces voluntarily, cannot be deprived of the freedom to leave the service within a reasonable period, either at specified intervals or with previous notice. The Committee would be grateful if the Government would provide information on: the duration of the contracts of non-commissioned officers, members of the gendarmerie and rank-and-file members of the armed forces; the manner in which these contracts are renewed; and the possibilities available to such persons to resign before the expiry of such contracts. Please also provide information on the conditions under which officers may resign and, where appropriate, the principles applied by the competent authority when deciding upon resignation applications.

2. Freedom of public servants to leave the service. The Committee notes that conditions of employment of public servants are governed by Ordinance No. 89-18 of 8 December 1989, issuing the general conditions of service for the public service and its implementing Decree No. 91-110/PRN/MFP/T of 26 June 1991. Under the terms of section 52 of this Ordinance and section 153 of the Decree, the appointing authority must decide within four months whether it accepts or refuses an application to resign by a public servant. In the event of refusal, the public servant is required to continue working. The Committee recalls in this respect that laws allowing workers to be retained in their employment are contrary to the Convention, except where required in cases of emergency within the meaning of Article 2, paragraph 2(d)¸ of the Convention. The Committee requests the Government to provide further information on the grounds which may be invoked by the appointing authority to refuse resignation. Please provide any relevant text in this respect (internal rules, circulars, etc.).

3. Forced labour in the event of vagrancy. The Committee noted previously that, under the terms of sections 177 and 178 of the Penal Code (Act No. 61-27), vagrants, defined as persons of no known abode or means of subsistence who as a rule exercise no trade or occupation, shall be punished by a sentence of imprisonment of from three to six months. The Committee noted in its 1979 General Survey on the abolition of forced labour (paragraphs 45-48) that provisions on vagrancy and similar offences that are defined in an unduly extensive manner are liable to become a means of direct or indirect compulsion to work. Such provisions should be so amended as to confine penalties to persons disrupting the public order by unlawful acts. The Committee hopes that the Government will take all the necessary measures to amend sections 177 and 178 of the Penal Code to ensure compliance with the Convention on this point.

4. Noting that the Government has not provided any information in reply to the Committee’s general observation of 2000, the Committee requests the Government to refer to the above observation and to provide information on the measures adopted to prevent, suppress and punish the trafficking of persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.