NIGER: UPDATE ON GSP PETITION-RELATED MATTERS

UNCLAS SECTION 01 OF 03 NIAMEY 000281

DEPT FOR AF/W, AF/RSA, EEB/TPP, G/TIP, AND DRL/EA
DEPT PLS PASS USTR - L A AGAMA
DEPT PLS PASS DOL - A ZOLLNER
DEPT PLS PASS USAID FOR AFR/W
ACCRA FOR AF/WA
PARIS FOR AFRICA WATCHER

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PHUM ELAB PGOV SOCI KWMN SCUL ECON ETRD NG
SUBJECT: NIGER: UPDATE ON GSP PETITION-RELATED MATTERS

Ref: a) 08 State 10106, b) 08 Niamey 00231, c) 08 Niamey 00424, d)
08 Niamey 00541, e) 08 Niamey 00750, f) 08 State 87415, g) various
Embassy Niamey - State/USTR e-mails, h) Niamey 00030, i) Niamey
00099, j) Niamey 00092, k) 2008 Human Rights Report for Niger, l) 23
Mar 09 State-Embassy Niamey-USAID-USTR-DOL conference call, m)
Niamey 00273


1. (SBU) Introduction and Background: Ref A tasked post with
obtaining information pertaining to the continuing review of the
2006 Generalized System of Preferences (GSP) petition involving
Niger; post responded in Refs B, C, D, and E. Ref F was a follow-on
tasking that requested that post meet with GON officials to call
attention to suggested steps and to underscore the need for
continued progress. Ref G, H (post's Child Labor Report),I (post's
Trafficking in Persons Report),J (post's comments on the DOL draft
list for TVPRA),and K addressed this tasking. Finally, this
message responds to an outline formed during Ref L conference call.
The information below was obtained from the Secretaries General and
relevant directors of the Ministry of Civil Service and Labor,
Ministry of Justice, and Ministry of Women's Promotion and
Children's Protection. Post has provided MFA with copies of all
relevant documents, including source petition, to underscore the
importance of this issue and to assist in addressing remaining
issues.


2. (SBU) The following updated information, obtained by DCM/CDA,
Economic/Consular Officer, and Political Specialist, is provided to
address specific points for which post agreed to follow-up with
pertinent GON ministries:


A. The GON should enact and implement the draft human trafficking
law that it discussed with the USG in March 2007. The USG
recognizes that progress has been made on the law in that it was
submitted to the Council for Ministers for review, but requests its
full enactment and implementation.

Ministry of Justice: Secretary General Djibo Adamou Abdoulaye, who
has been in office four only four months, acknowledged that the
Ministry had completed the technical work and submitted a draft law
to the Council of Ministers for review. He also mentioned that his
Minister had been questioned several times as to why passage of this
law had stalled; the Secretary General indicated that only the
Minister was empowered to respond to such inquiries.

Ministry of Women's Promotion and Children's Protection: The
Director of Children's Protection noted that the Ministry had worked
in collaboration with the U.S. Embassy to prod the drafting of
trafficking in persons legislation. The draft law is now with the
Secretary General of the Government.


B. As required by ILO Convention 182 on the Elimination of the Worst
Forms of Child Labor, the GON should promulgate a decree that lists
the worst forms of child labor.

Ministry of Civil Service and Labor: Director General of Labor
Administration Dan Azoumi said that the Ministry has developed a
list of the worst forms of child labor (WFCL),which is largely
based on ILO conventions. Article 109 of Niger's draft revised
Labor Code addresses the worst forms of child labor. The list will
be included as one of the implementing decrees of laws regarding the
Labor Code. The composite Labor Consultative Commission currently
is completing an overhaul of the 1996 Labor Code. The revised Labor
Code will be forwarded to the GON "shortly" for approval; the GON
will then submit it to the National Assembly for adoption as a law.
Dan Azoumi indicated that the Ministry expects the National Assembly
to vote on the law by the first quarter of 2010. He did not
anticipate opposition to it.

Director of Labor and Social Security Abdou Dounama said that due to
Niger's ratification of relevant ILO conventions, the Ministry has
continued a training program for labor inspectors, judges, and
lawyers on enforcement. He stated that "...this has become a reflex
(i.e., routine),especially for our labor inspectors, who constantly
sensitize and advise employers on the observance of labor laws."

Ministry of Women's Promotion and Children's Protection: The
Director of Children's Protection said that the Ministry is a member
of the National Steering Committee on Child Labor chaired by the
Ministry of Civil Service and Labor. He stated that a list of worst
forms of child labor exists, but a newer version is being prepared
in line with the ongoing revision of the Labor Code. The Ministry
is working with the Ministry of Civil Service and Labor and the ILO

NIAMEY 00000281 002 OF 003


on this issue.

Secretary General Hamidou noted that child labor in Niger has
cultural underpinnings, i.e., traditional as well as religious
perceptions. Therefore, introducing ways to eliminate it requires a
careful approach to raise people's awareness.


C. The USG also requests an update on the progress made to adopt
specific child labor legislation.

Ministry of Civil Service and Labor: Ministry officials said this
item falls in line with the Labor Code revision process described
above.

Ministry of Women's Promotion and Children's Protection: The
Director of Children's Protection said the process is ongoing at the
Ministry of Civil Service and Labor, in order to comply with ILO
Conventions 138 and 182, which Niger has ratified.



D. Receipt of updates about the National Commission's work to combat
survival of forced labor and discrimination, including the
timetable, process, public involvement, and implementation of its
national plan of action.

Ministry of Civil Service and Labor: Dan Azoumi said that since its
establishment in 2006, the 18-member Commission had carried out a
study in two pilot regions - Tahoua and Tillabery. The study
included: a) sensitizing the population and building institutional
capacity; b) promoting decent working conditions; and c) fighting
poverty through small projects for people suffering from
discrimination. He indicated that the study was validated and
action plans had been developed for the two regions. The first
phase of the ILO/MOL Project to Support the Fight against the
Remnants of Forced Labor and Discrimination (PACTRAD) came to
completion in 2008. Due to limited resources, the GON cannot start
a second phase to cover the rest of the country; therefore, the
Ministry is trying to obtain funding. However, the GON has set up
an ad-hoc committee to draft the project's second phase and
determine its budget, and then submit a request to the Ministry of
the Economy and Finance to make provisions for the GON's
contribution. The ad hoc committee has not convened to date.

Dounama mentioned that the Commission will use the National
Statistics Institute (INS) study to scale up the action plan
nationwide.

Ministry of Women's Promotion and Children's Protection: Officials
regard the Ministry of Civil Service and Labor as having action on
this issue.


E. Recognizing the activities undertaken to date, that the GON
continue its efforts to raise public awareness, including expanding
into rural areas of the country, to inform citizens of the
practices, laws, and penalties for slavery, forced labor,
trafficking in persons, and child labor.

Ministry of Justice: The Secretary General said the GON
collaborates with NGOs and IOs to raise awareness on trafficking in
persons. Niger's efforts can also be measured through NGOs
activities, sensitization messages on radio and television, and
training sessions.

He pointed out that in the absence of a specific law on human
trafficking, law enforcement officials prosecute forced labor, child
labor, and trafficking cases based on the provisions of the Penal
Code. He said that based on information provided by a trucker
member of a local trafficking in persons vigilance committee, the
Tribunal of Dosso recently arrested and jailed a man suspected of
abducting his niece to neighboring Benin. In March 2009, the
Tribunal of Birni N'Konni sentenced the defendant in the case of
former slave Hadizatou Mani to one year's imprisonment and payment
of fines (Ref M).

Ministry of Women's Promotion and Children's Protection: The
Director of Children's Protection said that his Ministry has a track
record on sensitization on trafficking in persons and child labor
through training sessions held for social workers and law
enforcement officers, and the establishment of local vigilance
committees (made up of community members, traditional chiefs and
religious leaders, and ministry technicians) down to the village
level. Issoufou noted, however, that Niger is a vast country and

NIAMEY 00000281 003 OF 003


government resources are scarce; therefore, it is very difficult to
cover all areas of the nation.

Issoufou added that the population does not understand the concept
of trafficking in persons and appropriate agencies therefore need to
increase sensitization activities to make people understand that
some current practices are not appropriate. Issoufou pointed out
that legislation by itself is not enough; it needs to be reinforced
by sensitization methods that fit the national context. To this
end, the Ministry heads a national commission made up of government
services and religious and traditional leaders. As he stated, "The
work to be done will be intensive and extensive, and it would be
unrealistic to expect short-term results."


F. That the GON provide a summary of the 2008 study of slavery that
was presented in July 11, 2008, including the various forms that
exist in Niger such as traditional caste-based slavery. The GON is
also requested to provide information on next steps per the study's
recommendations.

The Commission for Human Rights and Fundamental Liberties is the
action office for this item, although despite repeated requests for
updates, post has received nothing to date.


G. That the GON provide an update on the investigation and
prosecution of two former slave-holders under the amended Penal
Code, the results of the ECOWAS case, and any other prosecutions.

In the ECOWAS Court of Justice case, the GON accepted the Court's
verdict from October 2008 and paid the fine it assessed to former
slave Hadizatou Mani in March 2009; furthermore, the Tribunal of
Birni N'Konni sentenced the defendant in the case to a year's
imprisonment and fines in March 2009 (Ref M). In a separate case,
the tribunal of Dosso sentenced a man who had abducted his niece to
Benin to imprisonment. In 2008, the GON cooperated with the
Governments of Mali and Benin in investigating and prosecuting
several child trafficking cases.


H. The USG requests an update on the two child labor surveys and
actions taken to implement changes based on the findings.

Ministry of Civil Service and Labor: According to Dounama, the INS
study on child labor is being finalized. INS has completed the
survey data collection, and currently is analyzing the data,
although there is no specific timeline for its completion. Dounama
said that the Minister of Civil Service and Labor had urged the INS
team to practice due diligence, because it would be difficult to
draft action plans without accurate and useful data.


3. (U) Please advise if additional information is needed; post will
continue to press on the above issues to obtain further information
and advocate for their resolution. Post will also continue to
monitor and report on conditions pertaining to child and forced
labor, in particular.

Whitaker