Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. Forced recruitment of children with a view to their use in armed conflict. In its previous comments, the Committee noted that article 28 of the Constitution of Niger provides that the defence of the nation and of the territorial integrity of the Republic is a sacred duty of all citizens of Niger, that military service is compulsory and that the conditions under which it is performed are to be determined by law. The Committee noted that section 1 of Ordinance No. 96-033 provides that national service is an obligation for all citizens of Niger of both sexes up to the age of 50 years. Furthermore, section 6 of the Ordinance provides that individuals who acquire the nationality of Niger shall be subject to national service and that, if they have acquired the nationality of Niger before the age of 18, they shall follow the normal trajectory of their age group. The Committee accordingly observed that there does not appear to be a minimum age in Niger for the recruitment of children in armed conflicts.

The Committee notes that the Government has not provided any information on this matter in its report. It notes that article 38 of the new Constitution of 25 November 2010 takes up in the same terms the wording of article 28 of the previous Constitution. The Committee observes that Ordinance No. 96-033 still appears to be the text governing military service in Niger. The Committee, therefore, once again requests the Government to take immediate measures to ensure that the national legislation prohibits the recruitment of children under 18 years of age for use in armed conflict, in accordance with Article 3(a) of the Convention.

Article 6. Programmes of action. The Committee previously noted that a national action plan (NAP) to combat child labour and a national action plan to combat the sexual exploitation of children had been drawn up. It noted that the NAP was to be implemented between 2010 and 2015 and covered the following areas: agricultural work, work in mines, forced labour, domestic work, the trafficking and exploitation of children, prostitution and begging.

The Committee notes the Government’s indication that the NAP has still not been adopted. With regard to the national action plan to combat the sexual exploitation of children, the Government indicates that it has already been approved in a national workshop and that it must now be adopted by the Government. The Committee requests the Government to take the necessary measures to proceed to the adoption of the NAP and the national action plan to combat the sexual exploitation of children, as a matter of urgency. It once again requests the Government to provide a copy of these two action plans with its next report.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted with interest the establishment, by Order No. 09/MPF/PE of 30 April 2007, of a National Committee to Combat the Phenomenon of Street Children under the Ministry for the Promotion of Women and Child Protection, which acts as a framework for reflection and action to combat the phenomenon of street children. However, the Committee noted that, in its concluding observations of 18 June 2009 (CRC/C/NER/CO/2, paragraph 72), the Committee on the Rights of the Child expressed concern at the number of children begging in the streets.

The Committee notes the Government’s indications that awareness-raising action and activities to strengthen capacities have been undertaken by NGOs and associations with the support of development partners with a view to improving the assistance provided to street children and their social integration. Observing that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to renew its efforts to protect them and to ensure their rehabilitation and integration, particularly through the action of the National Committee to Combat the Phenomenon of Street Children. It once again requests the Government to provide specific information on the results achieved.

Article 8. Poverty reduction. The Committee previously noted that the high-level fact-finding mission recommended that, with a view to combating poverty, the creation of decent and productive jobs has to be at the heart of any poverty-reduction policy. The Committee took due note that the Government had drawn up a new economic, financial and social policy framework entitled the “Accelerated development and poverty-reduction strategy (2008–2012)” (SDARP).

The Government indicates that the SDARP, which will be reviewed as from 2012, will make it possible to take into account the Committee’s comments, particularly with regard to the protection of child victims of the worst forms of child labour. The Committee once again requests the Government to provide information in its next report on the impact of the SDARP, particularly with regard to the effective reduction of poverty among victims of the worst forms of child labour.