Cablegate: Niger Information On Child Labor and Forced Labor

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RR RUEHWEB

DE RUEHNM #0206/01 0560811
ZNR UUUUU ZZH
R 250810Z FEB 10
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 0041
INFO RUEHNM/AMEMBASSY NIAMEY

UNCLAS NIAMEY 000206

SIPDIS
STATE: DLR/ILCSR FOR SARAH MORGAN
G/TIP FOR LUIS CDEBACA
AF/RSA, AND AF/W
DOL: DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI NG
SUBJECT: NIGER INFORMATION ON CHILD LABOR AND FORCED LABOR

REF: 09 STATE 131997; 09 NIAMEY 0092

1. Post's response corresponds to checklist in para 15, sections 1A
through 1F, and para 21, sections 2A through 2G of ref A.

1A)- 1F) PRODUCTION OF GOODS

Post has no information indicating significant forced labor or
exploitative child labor in the production of goods in Niger.
Children work in the agricultural, commercial, mining, and
artisanal sectors, but the quantity of goods produced is not
substantial enough to warrant inclusion in this report. Uranium is
the country's most important export, and there are no reports of
relevant abuses in this sector. Please also refer to Ref B.

2.

A. PREVALENCE AND SECTORAL DISTRIBUTION OF EXPLOITIVE CHILD LABOR.

In 2007, a collaborative study by the Ministry of Civil Service and
Labor, the National Statistics Institute (INS), and the
International Labor Organization (ILO) showed that 27 percent out
of a sample of 600 children work in the rural sector (agriculture,
livestock raising, and fishing), 20 percent work in the artisanal
mining sector (mainly gold mines), 34 percent work in the
manufacturing and maintenance sector (mechanic, welding, metal
work, handicrafts, tannery, and slaughterhouses), and 18 percent
work in the service sector (peddling, small trade, domestic work,
and begging). The majority of child workers surveyed (73 percent)
were children under 15 years old employed in the informal sector,
and 77 percent of the child workers were from families living in
precarious conditions.

A survey carried out by the National Commission on Human rights and
Fundamental Liberties (CNDHLF) in 2008 found that children were
employed in the following sectors: peddling (33 percent); domestic
work (17 percent); mechanic help (11 percent); and welding,
carpentry, package handling, and traditional gold mining (22
percent). The survey reports that the work performed by children
is proposed by a family member (49 percent), or is undertaken on
the child's own initiative (40 percent). The purpose of working is
to help their family (46 percent) or while awaiting a better paying
job (18 percent). The survey reports that 78 percent of the
children are paid for the work they perform. Children work during
the day (78 percent) but also in the evening (26 percent),
sometimes for ten hours (15 percent) or 12 hours (10 percent) per
day. Twenty-nine percent of the child workers reported that they
have been mistreated, e.g., insults (19 percent), physical violence
(9 percent), salary cuts (3 percent), and are not able to lodge
complaints (46 percent).

The 19 child protection NGOs and associations representatives
interviewed by the CNDHLF survey reported that child labor occurs
essentially in the agricultural sector (32 percent)and domestic
work (26 percent), but the worst forms relate to sexual
exploitation (21 percent of responses).

During a June 25 fact-finding visit to three traditional gold
mining sites in Tillabery region, Embassy officials were told by
ILO representatives that at least 10,000 children worked in the
mines. The government also provided sensitization and training
sessions on the fight against child labor in artisanal gold mining
to technical partners, local officials, and community leaders.

According to the Ministry of Civil Service and Labor, 150 children
including 90 girls were rescued from exploitation in streets,
slaughterhouses, and sexual exploitation, and reinserted in the

socio-professional life during the year. In addition, 115 children
including 46 girls were rescued from exploitation in traditional
gold mines at M'Banga and Komabangou, and reinserted in
socio-professional life.

B. LAWS AND REGULATIONS.

The Ministry of Civil Service and Labor adopted a list of
occupations considered to be the worst forms of child labor (WFCL)
as called for in Article 4 of ILO Convention 182. The list is part
of the Labor Code review package expected to be approved by the
Council of Ministers and promulgated as a decree. In November
2009, the Ministry of Civil Service and Labor validated a National
Action Plan on the fight against child trafficking for the period
of 2010-2015. The country's legal corpus is adequate overall for
addressing exploitative child labor. Although the fines provided
by the Labor Code, last updated in 1996, are probably still
adequate to punish and deter violations, the vigor with which they
are applied may not be.

C. INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT - hazardous child
labor and forced child labor

2C, Section I: Hazardous child labor

The Ministry of Civil Service and Labor is the agency responsible
for implementation and enforcement of child labor laws. The
Ministry for the Promotion of Women and Protection of Children
coordinates the Government of Niger's (GON) overall child
protection policy. Coordination between the two ministries is
poor. In addition, each of the ten district courts and the 36
magistrates' courts has at least one special judge assigned to
address children's issues, including child labor. All judicial
police sections at the regional and district levels may take up
cases involving juveniles and refer them to the judge.

The Ministry of Civil Service and Labor has approximately 100
inspectors deployed nationwide who are responsible for
investigating cases of child labor as well as enforcing all other
elements of the Labor Code. This number is way below the
ministry's needs, but the government has increased its allocations
to the nine regional labor inspectorates over the past few years.
For example, the government allocation of 25,182,000 CFA (over USD
51,000) for labor inspections in 2007 was eight times the amount
that had been allocated in 2005. Niger is a huge country and the
majority of the population is rural; the Ministry of Civil Service
and Labor noted that the allocation is insufficient to provide
resources, including transportation and fuel, necessary for
effective inspections.

While the Ministry of Civil Service and Labor claims that it
carries out routine inspections, the ministry is unable to provide
any data regarding the number of complaints, investigations, and
prosecutions related to the worst forms of child labor. The
Ministry argues that in fact most child labor takes place in the
informal sector of the economy, which is typically beyond the
purview of the authorities. The Ministry of Labor reports that
during the past year the national chapter of the International
Programme on the Elimination of Child Labor(ILO/IPEC) rescued 69
boys and 46 girls from exploitation in mines, and enrolled them in
activities such as sewing, carpentry (for boys) and restaurant and
beauty salon services (for girls).

No child labor cases or "prosecutions" were opened during the year.
When they occur, child labor cases may take several months to
resolve. However, the Ministry of Civil Service and Labor reported
that law enforcement authorities recently prosecuted 11 cases of
abduction of minors, three of which which resulted in convictions.
The Ministry was not able to provide information about the
penalties that were applied.

The Government of Niger is taking steps to combat exploitative
child labor through improved legislation and child labor issues
feature prominently in the government's multi-faceted public
education campaign on children's rights. The government continues
to organize workshops and other public

awareness sessions in order to train and sensitize law enforcement
officers, journalists, religious leaders, traditional chiefs, and
other community leaders on the need to protect children and to
develop legislation that specifically addresses child exploitation.
This continuous training allowed labor inspectors to develop the
"reflex" to ask certain basic questions during their investigation
and monitoring visits.

2C, Section II: Forced Child Labor

Issues related to forced child labor are addressed by the same
agencies and enforcement processes of the Ministry of Civil Service
and Labor as outlined above.

In accordance with traditional practice, some Nigerien parents give
their children to religious teachers, or marabouts, for a sort of
apprenticeship in which the marabout teaches the child the Koran
and prepares him for a career as a religious scholar and teacher.
Some marabouts require their wards to beg in the streets or to work
to earn the cost of their education, room, and board. In a 2005
USG-sponsored study, 93 out of 123 marabouts interviewed (75.6
percent) responded that they required their students to work for
them.

D) INSTITUTIONAL MECHANISMS FOR EFFECTIVE ENFORCEMENT - child
trafficking, commercial sexual exploitation of children (CSEC), use
of children in illicit activities.

2D, Section I: Child Trafficking

Niger does not have any specialized government agencies or
personnel for the enforcement of child trafficking. However, a
number of different government agencies are involved in
anti-trafficking efforts, including the Ministries of Interior and
of Justice. The Ministry of Justice is the lead agency on
trafficking. In addition, each of the ten district courts and the
36 magistrates' courts has at least one special judge who addresses
children's issues. All judicial police sections at the regional
and district levels may handle cases involving juveniles and refer
them to the judge.

Given the GON's limited capacities, agencies did not have adequate
resources to conduct their activities. Niger does not have a
special hotline, but cases of child trafficking can be reported to
the judicial police, government social workers, or non-governmental
organizations (NGOs). In order to implement ILO Convention 182 and
the various bilateral and multilateral agreements against child
trafficking, the government established 30 watchdog teams or
"vigilance committees" and set up several joint brigades along the
borders. During the reporting period, NGOs rescued 219 child
trafficking victims.

It takes several months to resolve cases of child trafficking, and
prosecution is difficult in the absence of a specific law
criminalizing trafficking. According to the Ministry of Civil
Service and Labor, in some cases charges were dropped due to "lack
of legal evidence" and marabouts arrested for exploiting children
for economic purposes were released after their pretrial custody.

2D, Section II: Commercial Sexual Exploitation of Children

The same agencies described in 2D, Section I above are responsible
for the enforcement of laws relating to commercial sexual
exploitation of children. The Penal Code criminalizes the
procurement of a minor for the purpose of prostitution. The same
processes described above apply to sexual exploitation of children.

The Ministry of Civil Service and Labor reported that vigilance
committees rescued 150 children from exploitation including 90
girls from sexual exploitation. However, there were no arrests or
prosecutions.

On July 8, 2009 upon a complaint lodged by Ecole Parrainage Action
de Development (EPAD). Niger, the Tribunal of Madaoua, Tahoua
Region, arrested two suspected traffickers who used six girls and
two boys in a prostitution ring in Nigeria. The suspects were
released after serving a sentence of two months in jail. EPAD
enrolled the victims in a counseling and reinsertion program. One
of the girls received support to open a telephone service center;
two girls received sewing machines and operated their own business;
one of the boys went back to school and the second now sells
telephone charge cards. Three girls continue to be enrolled in a
vocational training program.

On July 9, 2009, upon EPAD Niger's report, police arrested nine
people on charges of sexual exploitation of two girls. The
suspected criminals were released three weeks later.

2D, Section III: Use of Children in Illicit Activities

The same agencies described in 2D, Sections I and II above are
responsible for the enforcement of laws relating to Use of Children
in Illicit Activities. Provisions of the penal code and the same
processes described above apply to sexual exploitation of children.

E) GOVERNMENT POLICIES ON CHILD LABOR

The government has developed and adopted a National Plan for the
Fight against the Sexual Exploitation of Children.

In November 2009, the government developed and validated a
National Action Plan against the Worst Forms of Child Labor in
Niger. The government indicated that the plan is funded by the
national budget with support from donors (ILO/IPEC, UNICEF), but
was not able to provide the amount of funding.

Child labor is specifically incorporated in Niger's 2008-2012
Accelerated Development and Poverty Reduction Strategy Paper.

The Ministry of Civil Service and Labor provided capacity building
training for 220 people including 35 percent of women representing
implementing and partner agencies in design, monitoring, and
implementation of action plans on the fight against child labor.

During the first quarter of 2010, the Ministry of Civil Service and
Labor, in conjunction with the National Statistics Institute (INS)
and the ILO, will release the final results of a national survey on
child labor. The survey was designed to generate data on
children's educational, economic, and non-economic activities and
to create a qualitative and quantitative database of child labor in
Niger.

The National Statistics Institute is conducting a baseline study on
child labor in mines.

The GON collaborates with donor efforts to withdraw children from

the labor force and reinsert them into schools and vocational
training programs. The ILO assisted the GON's efforts to create a
special child-labor division within the Ministry of Civil Service
and Labor. This office was established in September 2005 and is
charged with the coordination of the government's efforts to end
the worst forms of child labor. The office is also charged with
conducting studies on the scope and nature of the problem.

The GON has created a multi-ministerial Commission for the
Coordination of the Fight Against Trafficking in Persons, to serve
as the nodal agency for work on trafficking in persons. In 2006,
the GON created a National Commission Against Forced Labor and
Discrimination including representatives of the Minister of Labor,
the ILO, the civil society, labor unions and traditional chiefs.

Niger ratified the Additional Protocol to Prevent, Suppress and

Punish Trafficking in Persons, especially Women and Children,

supplementing the UN convention Against Transnational Organized

Crime. Niger ratified the Optional Protocol to the Convention on
the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography. The GON has enacted the July
2005 Multilateral Agreement to Combat Child Trafficking in West
Africa. In December 2006, Nigeria and Niger prepared a bilateral
memorandum of agreement on cooperation to prevent, suppress and

punish trafficking in persons especially women and children. The
agreement has not been signed at the end of the reporting period.

F) SOCIAL PROGRAMS TO ELIMINATE OR PREVENT CHILD LABOR

The government carried out several actions in order to prevent
children's engagement in the Worst Forms of Child Labor:

* improved school attendance, especially in mining zones;

* creation of improved koranic schools in all regions;

* vocational training for children working in mines and those who
dropped out of school; and

* government-supported welcome and reinsertion centers for victims
of the worst forms of child labor, which have rescued 196 girls
from domestic labor and reinserted them in acceptable occupations.

Under the ILO/IPEC project, the Ministry of Civil Service and Labor
supported the following actions:

* sessions to inform, sensitize, and train technical partners,
local officials, and community leaders on the fight against child
labor in mines;

* school enrollment for 922 children including 440 girls at
Komabangou II gold mining site and surrounding villages in order to
prevent the WFCL;

* school enrollment for 1,273 children including 593 girls at
M'Banga mining site and surounding villages;

* teacher recruitment for primary schools in M'Banga, Komabangou,
and 16 surrounding villages;

* program intended for 206 children including 46 girls for the
development in Komabangou of an entertainment hall, a soccer and
volleyball field, the provision of sports equipment, and support
for the training of sports, arts, and leisure clubs;

* literacy training and skill building for 100 parents of children
working in mines;

* capacity building for 214 community leaders and members of the
Association of Niger's Gold Traditional Gold Diggers and other
associations on the functioning of organizations and on
non-violence and conflict management;

* community mobilization for the construction of 19 adobe
classrooms; and

* installation of a Local Child Labor Observation and Monitoring
Committee (CLOSTE) at Komabangou and M'Banga.

The GON supported and cooperated with US DOL's three-year

(2006-2009), USD 3 million program on the prevention and
elimination of child labor in mining in West Africa, implemented
through a partnership with the ILO's International Programme on the
Elimination of Child Labor(IPEC). The program had funded public
education/sensitization projects at two gold mining sites in Niger
at Komabangou and M'Banga.

Two projects have been implemented at the Komabangou site. The
goal of the first project, implemented by a local NGO, AFETEN
(Action en Faveur de l'Elimination du Travail des Enfants au
Niger), was to combat child labor by helping 100 women miners
achieve literacy and by providing vocational training to 100 girls
between the ages of 14 and 17. The project also provided
microcredit financing so that they could become better integrated
into the non-mining economy.

The goal of the second USDOL/ILO/IPEC project, implemented by the
local NGO Action-Education, was to reduce child labor through
providing sensitization, sports, and civic education for 1,118
children aged 7 to 17. The two projects were completed in July
2009.

Two vocational training programs for children were the focus of

activities at the M'Banga site. A project implemented by local NGO
ALTEN (Association pour la Lutte contre le Travail des Enfants au
Niger)was designed to rescue 680 child miners and to support 100 of
their family members. The second project, implemented by EPAD
(Ecole-Parrainage et Action de Developpement), involved community
organization and socio-professional insertion of 100 child workers.
Both projects were completed in July 2009.

Public awareness remains a critical element in efforts to improve
legal protections and enforcement. The GON continues a public
education campaign on children's rights in collaboration with
UNICEF and the ILO. Since 2001, the GON and the ILO have
collaborated on a number of programs designed to improve law
enforcement and sensitize civil servants, parents, traditional
chiefs, and other key actors on the issue of child labor. For
example, on the occasion of the International Day of the Fight
against Child Labor (June 12), the International Labor
Organization's International Program for the Elimination of Child
Labor (ILO/IPEC) and the Ministry of Civil Service and Labor
organized public events and a conference to raise public awareness
of the issues Niger faces in combating the worst forms of child
labor and child trafficking. The events received wide media
coverage.

On June 16, 2009, Niger's First Lady and the Minister of Women's
Promotion and Children's Protection chaired a town hall meeting to
sensitize the public on the occasion of the African Children's Day.
Several cabinet members, diplomats, international organization
representatives, NGOs, and the public attended the event. The
Minister of Women's Promotion and Children's Protection stressed
the GON's commitment to implement the relevant ILO conventions
ratified by Niger, notably ILO Convention 182, in order to improve
the situation of Niger's children. The Minister called on the
population to "massively" participate in all of the child
protection sensitization sessions and urged the media to provide
extensive coverage of the activities. During the event, the
Coalition of NGOs and Associations supporting Childhood in Niger
(CONAFE-Niger) announced that it welcomed "encouraging progress" in
child protection, but added that it "deplores the National
Committee on Child Survival's lethargy and the lack of resources to
facilitate its work...CONAFE-Niger is deeply concerned by the
non-adoption of the Children's Code and the anti-trafficking law,
and the inexistence of several legal provisions."

On July 28, 2009, the Nigerien Association for the Fight against
Delinquency (ANTD), a local NGO working on child labor and
trafficking, and the Open Society Initiative for West Africa
(OSIWA), organized a three-day workshop to sensitize marabouts
(religious teachers) on the promotion of children's rights and the
fight against children's forced and illegal migration. The United
States Ambassador opened the workshop, and reiterated USG and her
strong personal support for efforts to combat child labor and
trafficking.

The GON carried out and/or supported, with measured improvement,
the above activities in line with the implementation of ILO
conventions and the various bilateral and multilateral agreements
on the fight against child trafficking.

G) CONTINUAL PROGRESS

The GON acknowledges the existence of child labor, considers it a
problem, and is taking steps, consistent with its means, to combat
the worst forms of child labor. The GON has taken various measures
to protect children through legislation, and continues its
multi-faceted public education campaign on children's rights,
forced labor issues, efforts to improve girls' education, the
dangers of child marriage, improvements in birth registration, and
the withdrawal since 2002 of over 7,000 children from the labor
force and their reinsertion into schools and vocational training
programs.

The USDOL/ILO/IPEC projects have contributed to reducing child
labor in especially dangerous environments. Acting through the
Ministry of Civil Service and Labor, the Ministry of Basic
Education, and the Ministry of Territorial Management and Community
Development, the GON has played a key role in the success of the
USDOL/ILO/IPEC programs, and has added its own financial and human
resources to the projects to ensure their success. Over 7,000
children have been removed from dangerous work environments since
2002 and many thousands more who were at risk of entering the
workforce have been sensitized to its dangers and received support
that enabled them to remain in school.

Notwithstanding the rescue and reintegration of hundreds of

victims, child labor continues, especially in artisanal gold
mining, in domestic work, and by children indentured to marabouts.

Despite its limited resources and the complex political
developments it has been going through over the past 13 months,
Niger is making continual progress toward eliminating the worst

forms of child labor. Given its limited capacities, the GON works
best when international organization or NGO partners assist it with

resources and tactics. Considering the actions described above
taken by the Ministry of Civil Service and Labor, ILO/IPEC, and
NGOs this year, there has been an increase overall in addressing
child labor issues. Lack of accurate data and coordination among
government offices makes it difficult to determine the full scope
of Niger's problem. Child labor is widespread, but much of this
labor does not meet the legal standard for worst forms of child
labor.

It is expected that the results of the INS and ILO survey due
during the first quarter of 2010 are will provide valuable data and
other information on the situation of child labor in Niger.
WHITAKER

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