Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Niger (Ratification: 2000)

The Committee previously took due note of the measures taken by the Government to follow up the recommendations of the High-level Fact-finding Mission (the Mission) which visited Niger from 10 to 20 January 2006 pursuant to the request made by the Conference Committee in June 2005.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) alleging the internal trafficking of girls in Niger for domestic work, as well as the trafficking of boys for economic exploitation and of girls for sexual exploitation. It also noted that, according to the information obtained by the Mission, “Niger is certainly a transit country since its geographical location makes it a hub for trade between North Africa and sub-Saharan Africa”. The Committee further noted that, according to the information obtained by the Mission, “Niger is both a country of origin and a country of destination for human trafficking, including the trafficking of children”. The Committee noted that a Bill for the prevention, repression and punishment of trafficking in Niger had been drafted by the Niger Association for Human Rights, but that the drafting of the Bill on the trafficking of children was still under consideration by the competent authorities.

The Committee notes the Government’s indication that a National Plan to Combat Trafficking of Children has been drawn up and validated, and that the Office will be informed once the plan has been adopted. However, it notes that, according to the second periodic report submitted by Niger to the Committee on the Rights of the Child (CRC) on 20 November 2008 (CRC/C/NER/2, paragraphs 433–437), the trafficking legislation has still not been adopted by Parliament and that the legal vacuum therefore persists in this area. Nevertheless, the CRC observes that the national survey on trafficking in persons showed that, of the 1,540 households surveyed, 5.8 per cent answered that a member of the household had been a victim of trafficking and 29.4 per cent answered affirmatively that there had been human trafficking in their locality/village/neighbourhood. The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 76), the CRC notes the drafting of a Bill criminalizing trafficking and the preparation of a National Plan of Action to Combat Child Trafficking, but nevertheless expresses serious concern that, despite the extent of child trafficking within, from and to the State party, the existence of the phenomena is not fully recognized in the State party.

The Committee notes with concern that, despite the findings of the Mission in 2006 that Niger is not only a country of transit, but also a country of origin and destination for the trafficking of children, the Bill for the prevention, repression and punishment of trafficking in Niger has still not been adopted. The Committee therefore reminds the Government that under Article 1 of the Convention immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to ensure the adoption of the Bill for the prevention, repression and punishment of trafficking in Niger as a matter of urgency. It requests the Government to provide a copy of the Act, together with the National Plan of Action to Combat Child Trafficking, when they have been adopted.

2. Forced or compulsory labour. Begging. The Committee previously noted the comments of the ITUC that children are forced to beg in West Africa, including Niger. For economic or religious reasons, many families entrust their children from the age of 5 or 6 years to a spiritual guide (marabout), with whom they live until they are 15 or 16 years of age. During this period, they are entirely under the responsibility of the marabout, who teaches them religion and in return requires them to carry out certain tasks, including begging.

The Committee noted that there are three different forms of begging in Niger: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practiced by indigent people. Educational begging is the form practiced in Niger in accordance with the Muslim religion as a means of learning humility, for the person practicing it, and compassion, for the alms-giver. Lastly, begging that uses children for purely economic ends makes use of children as a source of labour. The Committee noted that the existence of this latter form of begging was acknowledged by those interviewed by the Mission, including the Government, and that in this form of begging children are especially vulnerable since their parents, even if they are concerned for the children’s religious education, are unable to provide for their subsistence. The children are therefore left entirely dependent on the marabouts. The Committee expressed serious concern at the use of children for purely economic ends by certain marabouts, particularly since, as it would appear from the information gathered by the Mission, this form of begging seemed to be very much on the increase.

The Committee noted that a National Observatory to combat begging had been set up. It also noted with interest that Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice of Niger, addressed to the various judicial authorities, calls for sections 179, 181 and 182 of the Penal Code, which punish begging and any person, including the parents of minors under 18 years of age, who habitually engage in begging, who cause others to beg or who knowingly make a profit from begging, to be strictly applied through the prosecution without leniency of any person using children for begging for purely economic purposes. The Committee therefore requested the Government to supply information on the effect given in practice to the national legislation on begging, pursuant to Circular No. 006/MJ/DAJ/S/AJS of 27 March 2006 of the Ministry of Justice, with an indication of whether marabouts who use children for purely economic purposes have been convicted.

The Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 72), the CRC expressed serious concern at the situation of child talibés attending Koranic schools who are sent by marabouts to beg in the streets. In this respect, the Committee notes the Government’s indications that there have been some cases of arrest of marabouts presumed to use children for purely economic purposes. However, the Government indicates that in general they are released for lack of legal proof of their guilt. The Committee therefore notes with regret that, even though the legislation is in conformity with the Convention on this matter, the phenomenon of child talibés remains a cause of serious concern in practice. The Committee reminds the Government that, under Article 1 of the Convention, immediate and effective measures have to be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour, and that under Article 7(1) of the Convention it is under the obligation to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee urges the Government to take the necessary measures to ensure that the national legislation on begging is applied and that marabouts who use children under 18 years of age for purely economic purposes are punished and are subject to sufficiently effective and dissuasive sanctions. The Committee also requests the Government to indicate the effective and time-bound measures taken to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to remove these children from such situations and ensure their rehabilitation and social integration.

Clause (d). Hazardous types of work. Children working in mines and quarries. In its previous comments, the Committee noted the ITUC’s indication that child labour in small-scale mining (trona mining in the Boboye region, salt in Tounouga, gypsum in Madaoua and gold in Liptako-Gourma) is widespread, principally in the informal economy where the work is the most hazardous. It noted that section 152 of Decree No. 67-126/MFP/T of 7 September 1967 prohibits the employment of children in underground work in mines.

The Committee noted previously that, according to the information gathered by the Mission, work by children in hazardous types of work, particularly in mines and quarries, existed in informal locations. It noted the Government’s indication to the Mission that, “when parents work at informal sites, they are often accompanied by children who are too young to stay at home alone and, in certain cases, the children carry out small tasks for their parents”. The Committee however noted that, according to various interviews carried out by the Mission, the children do more than simply accompany their parents and that they become “involved in the chain of production, whether in gypsum mines or salt quarries, sometimes performing small tasks to facilitate their parents’ work or, in some cases, tasks that are physically hazardous for more than eight hours a day, every day of the week, running the risk of accident or disease”. The Committee noted with interest that the Minister of the Interior, acting on the instructions of the Prime Minister, issued a circular strictly prohibiting the employment of children in the mines and quarries of the areas concerned, namely Tillabéri, Tahoua and Agadez, and that the Minister for Mining had received directives to take this prohibition into account in drawing up mining agreements. The Committee requested the Government to provide information on the effect given to the circular of the Minister of the Interior.

The Committee notes the Government’s indication that no conviction has yet been handed down in this respect. It further notes that, according to the technical progress report (TPR) of 15 September 2009 for the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa (TPR of 15 September 2009), the revision and modification of the list of hazardous types of work were carried out at a workshop held in Ayorou on 2 and 3 July 2009. In this respect, the Committee notes the Government’s indication that the list of hazardous types of work was drawn up under the responsibility of the Ministry of Labour and in collaboration with the technical ministries and the employers’ and workers’ organizations concerned. The Government indicates that it will provide the Office with full information on the list when it has been adopted. The Committee requests the Government to provide a copy of the amended list of hazardous types of work once it has been adopted. It urges the Government to take immediate measures to ensure the application of the national legislation on the protection of children against underground work in mines to informal mining and quarrying sites, and to ensure that those who employ children in mines and quarries are prosecuted and sufficiently effective and dissuasive sanctions imposed upon them. The Committee requests the Government to provide information in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted the indication in the report of the Mission that during site visits it had been able to note that “the labour inspectorate, which plays a key role in combating child labour and forced labour, is severely lacking in both the human and material resources needed to perform its duties”. The Mission recommended that a labour inspection audit be carried out to ascertain the exact nature and extent of the needs of the labour inspectorate in Niger. The Committee notes that, in the report provided to the Office under the Labour Inspection Convention, 1947 (No. 81), the Government indicates that it is making every effort to ensure that this audit is carried out in the near future. The Committee requests the Government to take the necessary measures to give effect to the Mission’s recommendation, and accordingly strengthen the labour inspection services. It requests it to provide information on this subject in its next report.

2. Youth Unit. The Committee had previously noted that a Youth Unit has been established in the national police force. It notes the Government’s indication that the Youth Unit is engaged in combating all forms of abuse against children under 18 years of age, including child trafficking, in collaboration with other partners, such as NGOs, United Nations agencies and technical services. The Government further states that there have been 11 recent prosecutions for the abduction of minors and three convictions.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Improving the operation of the education system. In its previous comments, the Committee noted from the Mission report that underlying the problem of child labour is the problem of the access of children to education and training that meets the needs of the labour market. The Mission also indicated that “parents hesitate to send their children to school when they see that such education affords no guarantee of a job, whereas the Muslim religious schools at least train children to be good Muslims or even teachers of the Koran, which explains why such schools are on the increase in Niger”. In this respect, the Committee noted that “the education dispensed by Muslim religious teachers leads to no diploma, which limits the children’s potential to enter the labour market in the future”. The Committee noted the Mission’s recommendation that the operation “of the education system needs to be improved to ensure access for all to high-standard education”.

The Committee had previously noted the information provided by the Government in its report concerning the increase in primary school enrolment, particularly among girls. It also noted that, according to the Government’s report on statistics for basic education for 2005–06, the net school attendance rates for children between 7 and 12 years of age was 54.1 per cent for boys and 37.8 per cent for girls, with an average of 45.8 per cent. With regard to Muslim religious schools, the Committee duly noted the Government’s indication that, in the context of the Franco-Arab education support project, measures have been taken for the restructuring of these schools.

The Committee notes the Government’s indication that efforts have been made to increase the school attendance rate and that it will continue its unceasing efforts in this respect. In that regard, the Committee notes the Government’s indications that the net school attendance rate for children between 7 and 12 years of age rose to 53.5 per cent (61.3 per cent for boys and 45.6 per cent for girls) in 2008. The Government adds that Muslim schools have been renovated and Muslim awareness centres established in all the regions of the country.
The Committee further notes that, according to the second periodic report submitted by Niger to the CRC on 20 November 2008 (CRC/C/NER/2, paragraphs 321–325), the Ten‑Year Educational Development Programme (PDDE), drawn up in 2002, aimed at achieving 80 per cent enrolment rate in primary school by 2012 and 84 per cent by 2015, with special emphasis on narrowing the gap between girls and boys. The Committee however notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 66), the CRC, while commending the major efforts made by Niger to expand access to primary education as well as the increase in the access of girls to education, the building of new educational infrastructures in rural areas and training programmes for teachers, expressed concern at the poor quality of the education system, the high drop-out rate and the weak gender equity in education. Accordingly, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, taking into account the special situation of girls. It also requests the Government to increase the school enrolment rate and reduce the drop-out rate, as well as to adopt other measures for the integration of Muslim religious schools into the national education system. It requests the Government to continue providing information on the results achieved.

2. Raising awareness and educating the public about the problems of child labour and forced labour. The Committee had previously noted that, in its report, the Mission recommended “specific measures to raise awareness among Koranic teachers and parents to prevent the instrumentalization of begging by certain marabouts”. The Committee noted the information provided by the Government concerning the awareness-raising and training activities undertaken for combating child labour, particularly its worst forms, including political decision-makers, employers, community leaders and traditional chiefs, police officers, magistrates, current or potential working children and their parents, teachers, students and the public in general, concerning the problem of child labour. The Committee therefore encouraged the Government to pursue its awareness-raising efforts. It notes the Government’s indication that it is committed to pursuing its awareness-raising efforts for traditional chiefs, civil society and local elected officials on the danger represented by child labour in general, and its worst forms in particular. The Committee requests the Government to provide detailed information on the awareness-raising activities undertaken by the Government for traditional chiefs, civil society and elected local officials, and on their impact.

3. Project in artisanal gold mines in West Africa. With reference to its previous comments, the Committee notes that, according to the TPR of 15 September 2009, the Government, in collaboration with ILO–IPEC, is continuing to implement activities and programmes of action to prevent children from working in artisanal gold mining. For example, according to the Government’s indication, a programme of action has been implemented to contribute to the establishment of schools and initiatives to promote school attendance (including support for teachers and the provision of educational materials) on gold mining sites and neighbouring villages, as well as the improvement of school infrastructure on the gold mining sites of M’Banga and Komabangou. The Government indicates that 2,195 children, including 1,515 girls, have been prevented from being exploited in gold mining in M’Banga, Komabangou and the surrounding villages and have been integrated into the traditional school system. The Committee requests the Government to continue providing information on the results achieved in the context of the ILO–IPEC Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa in terms of the number of children prevented from being engaged in this worst form of child labour.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that, according to the information contained in the ILO–IPEC activity reports for 2007 for the Project for the Prevention and Elimination of Child Labour in Artisanal Gold Mining in West Africa, over 400 children, of whom 45 per cent were girls, had benefited directly from the project activities. It also noted that several programmes of action on education and vocational training, as well as to remove children working in artisanal gold mines, have been implemented.

In this respect, the Committee notes the Government’s indication that the social integration of victims of the worst forms of child labour is ensured free of charge by national associations and NGOs, with the support of technical ministries and partners, such as UNICEF. The Committee observes that, according to the TPR of 15 September 2009, 1,853 children have been removed from work in gold mines in Niger and Burkina Faso. The Government adds that, through the implementation of the activities and programmes of action under this ILO–IPEC project, 115 children, including 46 girls, have been removed from exploitation in the gold mines of M’Banga and Komabangou and then reintegrated into socio-occupational life. The Committee requests the Government to continue providing information on the number of children who are in practice removed from artisanal gold mines and then rehabilitated and socially integrated through the implementation of the ILO–IPEC project and programmes of action on education and vocational training.

Article 8. Regional cooperation. The Committee noted previously that, in addition to the multilateral cooperation agreement to combat child trafficking in West Africa, signed in July 2005, Niger also signed the Abuja Multilateral Cooperation Agreement in 2006 and a bilateral agreement for the establishment of a mixed frontier control brigade between Niger and Nigeria. The Committee previously requested the Government to indicate whether, in the context of these agreements, child victims of trafficking have been detected and intercepted in frontier regions and whether individuals operating in networks engaged in the trafficking of children have been found and arrested.

The Committee notes the Government’s indications that, further to the implementation of the various cooperation agreements to combat trafficking in children, Niger has established 30 vigilance committees and has established widespread mixed mobile brigades on all national frontiers. The Government adds that child victims of trafficking have been intercepted in border areas. In the north of the country (the Agadez region), 48 boys were intercepted in 2006, 150 children (including six girls) were intercepted in 2007 and, finally, 39 boys were intercepted in 2009 by vigilance committees in neighbouring countries and repatriated to Niger. Furthermore, 151 child victims of trafficking (72 in Agadez, 44 in Tillabéri, 16 in Makolondi, ten in Niamey and nine in Téra) have been identified and taken into the care of NGOs and associations combating this scourge. However, the Committee notes with deep concern the Government’s indication that those presumed guilty were released by the police for lack of legal proof. Recalling that under Article 7(1) of the Convention, the Government is under the obligation to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, the Committee urges the Government to take the necessary measures to ensure that persons involved in the trafficking of children are prosecuted and that sufficiently effective and dissuasive sanctions are imposed upon them, in the context of the agreements concluded with other signatory countries.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that in its report the Mission referred to a lack of reliable data to quantify accurately the extent and characteristics of the problem of child labour. It noted that studies were being carried out and requested the Government to provide information on the findings of these studies.

The Committee notes the information contained in the 2008 study undertaken by the National Commission on Human Rights and Fundamental Freedoms entitled “The problem of forced labour, child labour and all other forms of slave‑like practices in Niger”. It also notes the Government’s indications that the transborder study on child labour in the traditional gold mining sector in Burkina Faso, Mali and Niger has been undertaken and that the report on this survey prepared by the national consultant has already been validated. When Mali and Burkina Faso have also validated their respective reports, a final and consolidated report common to the three countries will then make it possible to identify more effectively the scope of the phenomenon in the informal economy. Furthermore, the Government indicates that the National Survey on Child Labour (ENTE) has already been undertaken by the National Institute of Statistics and it will provide the findings to the Office when they have been published. However, the Committee notes that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 19), the Committee on the Rights of the Child expressed concern at the unavailability of quality data and analysis on children’s rights, especially with regard to child victims of violence and sexual abuse, street children, children working as domestic servants and children living in poverty. As soon as the findings of the above studies are available, the Committee urges the Government to provide statistical data and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age. It hopes that statistics will also be available on child victims of commercial sexual exploitation, children living in the streets and child domestic workers, as well as children living in poverty. It requests the Government to provide information in this respect in its next report.

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