Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Concluding observations on the initial report of the Niger *

1.The Committee considered the initial report of the Niger (CMW/C/NER/1) at its 329th and 330th meetings (CMW/C/SR.329 and 330), held on 30 and 31 August 2016. At its 341st meeting, held on 7 September 2016, the Committee adopted the following concluding observations.

A.Introduction

2.The Committee welcomes the submission of the initial report of the State party, which was prepared in response to a list of issues prior to reporting (CMW/C/NER/QPR/1), and the additional information provided during the dialogue by the multisectoral delegation headed by the Secretary-General of the Ministry of Justice, Maiga Zeinabou Labo, and composed of representatives of the Permanent Mission of the Niger to the United Nations Office and other international organizations in Geneva, the Ministry of Employment, Labour and Social Welfare, the Ministry of Justice and the Ministry of Internal Affairs, Public Safety, Decentralization and Customary and Religious Affairs.

3.The Committee appreciates the constructive dialogue held with the delegation. The Committee nevertheless regrets that the initial report was not submitted until 20 July 2016, which did not allow sufficient time for its translation into the working languages of the Committee or for its thorough consideration by the Committee.

4.The Committee notes that the Niger, as a country of origin of migrant workers, has made progress in protecting the rights of its nationals working abroad. The Committee also notes, however, that, as a country of transit and destination, the State party faces a number of challenges in protecting the rights of migrant workers in its territory.

5.The Committee notes that some of the countries in which migrant workers from the Niger are employed are not yet parties to the Convention, which may be an obstacle to those migrant workers’ enjoyment of their rights under the Convention.

B.Positive aspects

6.The Committee welcomes the State party’s efforts to promote and protect the rights of migrant workers of the Niger abroad.

7.The Committee welcomes the State party’s ratification of, or accession to, the following international instruments:

(a)International Convention for the Protection of All Persons from Enforced Disappearance, July 2015;

(b)Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, November 2014;

(c)Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, November 2014;

(d)Convention relating to the Status of Stateless Persons, November 2014;

(e)Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, March 2012;

(f)Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, September 2004, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, March 2009;

(g)International Labour Organization (ILO) Private Employment Agencies Convention, 1997 (No. 181), May 2015;

(h)African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), May 2012.

8.The Committee notes the adoption of the following legislative measures:

(a)Act No. 2015-36 of 26 May 2015 on the smuggling of migrants, May 2015;

(b)The Labour Code of 25 September 2012 (Act No. 2012-45), September 2012;

(c)Decree No. 2012-083 on the organization, composition and operations of the National Agency for Combating Trafficking in Persons, March 2012;

(d)Ordinance No. 2010-086 on human trafficking, December 2010.

9.The Committee welcomes the adoption of the following policy and institutional measures:

(a)Establishment of the National Human Rights Commission (under Act No. 2012-44 of 24 August 2012), August 2014;

(b)Adoption of the Five-Year National Action Plan to Combat Human Trafficking for 2014-2018;

(c)Launch of the second phase of a project designed to provide support for the effort to combat forced labour and discrimination, 2014;

(d)Establishment of the National Coordinating Commission for the Fight against Trafficking in Persons, March 2012;

(e)Establishment of the National Agency for Combating Trafficking in Persons, March 2012;

(f)Establishment of the High Authority to Combat Corruption and Similar Offences, July 2011.

10.The Committee welcomes the invitation extended by the State party to United Nations special procedures mandate holders in August 2012.

C.Factors and difficulties impeding the implementation of the Convention

11.The Committee recognizes the difficulties that the State party faces, including its porous borders, attacks by terrorist groups, including Boko Haram, which have resulted in the forced displacement of large numbers of people, climate change, whose effects include desertification, and crises in neighbouring countries, including Mali, Côte d’Ivoire and Burkina Faso, all of which may impede the full realization of the rights of migrant workers and members of their families under the Convention.

D.Principal areas of concern, suggestions and recommendations

1.General measures of implementation (arts. 73 and 84)

Legislation and application

12.The Committee notes that, under article 171 of the Constitution, international instruments take precedence over national laws. However, it is concerned by the delegation’s statement that the Convention has not yet been invoked in national courts and that judges, prosecutors and lawyers are not sufficiently aware of the Convention.

13. The State party should take appropriate measures to raise awareness of the Convention among judges, lawyers and prosecutors in order to ensure that its provisions are taken into account by the national courts.

Articles 76 and 77

14.The Committee notes that the State party has not yet made the declarations provided for in articles 76 and 77 of the Convention whereby it would recognize the competence of the Committee to receive and consider communications from States parties and individuals concerning violations of the rights enshrined in the Convention.

15. The Committee encourages the State party to consider making the declarations provided for in articles 76 and 77 of the Convention.

Coordination

16.The Committee takes note of the information provided by the State party on the responsibilities of the National Agency for the Promotion of Employment with regard to migrant workers. However, it regrets that the State party lacks a ministry or other body tasked with ensuring intergovernmental coordination in implementing the Convention at the national level.

17. The Committee recommends that the State party consider establishing an appropriate body with a clear mandate to ensure intergovernmental coordination of the effective implementation of the Convention and the realization of the rights protected therein at the State and local levels. This body should be allocated adequate human and financial resources, and capacity-building services should be provided to the ministries and agencies that handle migration issues.

Data collection

18.While noting the statement made by the delegation that the State party is in the process of compiling statistics on different aspects of migration, the Committee is concerned about the lack of statistical data on migration flows into, out of and through the State party and on, in particular, migrant workers and members of their families in an irregular situation, migrant workers in detention in the State party, migrant workers who are nationals of the State party and who are in detention in their country of employment, and unaccompanied migrant childr