Children in Niger engage in the worst forms of child labor, including in hereditary slavery and mining. (1-5) Children also perform dangerous tasks in cattle herding. (5-8) Table 1 provides key indicators on children's work and education in Niger.

Source for primary completion rate: Data from 2016, published by UNESCO Institute for Statistics, 2020. (9)
Source for all other data: International Labor Organization's analysis of statistics from Demographic and Health Survey (DHS), 2012. (10)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children in Niger, especially boys and girls from the Arab, Djerma, Peulh, Tuareg, and Toubou ethnic minorities, continue to be exploited as slaves and endure slave-like practices, particularly in distant western and northern regions and along the border with Nigeria. Some children are born into slavery; others are born free but remain in a dependent status and are forced to work with their parents for their former masters in exchange for food, money, and lodging. (3,4,28,29) A particular form of slavery in Niger is the wahaya practice, in which men buy girls born into slavery, typically between ages 9 and 11, as "fifth wives." Child slaves, including those involved in the practice of wahaya, are forced to work long hours as cattle herders, agricultural workers, or domestic workers, and are often sexually exploited. (11,17,21,22,28-31) As with those involved in hereditary slavery, the children of wahaya wives are considered slaves and are passed from one owner to another as gifts or as part of dowries. (8,17,28,29,31,32)

In Niger, some Koranic teachers known as marabouts may subject boys known as talibés to manual labor or forced begging rather than providing them with a religious education. (2-4,14,17,19,29) Children in Niger participating in seasonal migration or migrant children from West Africa travelling to Algeria and Libya may also be subject to forced begging or commercial sexual exploitation as a result of human trafficking. (23-25) According to the IOM, between January and October 2019, more than 3,500 migrant children were deported to Niger. These children may be at increased risk to trafficking due to their precarious migratory status. (38) During the reporting period, international organizations and the Government of Niger's Directorate of Child Protection provided social services, shelter, and access to education to unaccompanied migrant children, and are working to resettle or repatriate foreign unaccompanied children. (25,36,37)

In early 2019, there were reports that government forces were collaborating with a Malian non-state armed group, GATIA, which has forcibly recruited children. In May, international partners informed the Government of Niger of these allegations, and the Nigerien armed forces subsequently ceased collaboration with GATIA. (14,29,39)

Although the Constitution of Niger provides for free education, in practice, many children, especially girls, do not attend school. (14,29,32,40) The lack of school infrastructure and school materials, and limited availability of teachers, especially in rural areas, impede access to education, which may increase the vulnerability of children to the worst forms of child labor. (3,18,32,41,42) In addition, refugee and internally displaced children may have difficulty accessing education, which makes them particularly vulnerable to the worst forms of child labor, including recruitment by non-state armed groups. (14,23-43)

Niger has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Niger's legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.

* No conscription (50)

Although the Labor Code establishes age 14 as the minimum age for work, it does not apply to workers in the informal economy, which does not conform to international standards that require all children to protected under the law establishing a minimum age for work. (51)

In addition, Article 2 of the Law on the Orientation of the Educational System in Niger guarantees education for all children ages 4 to 18 and Article 8 of Decree No. 2017-935 states that the government is required to promote access to compulsory education. However, Niger's law does not clearly articulate what age groups the provision applies to, thereby leaving the risk that some children are not covered and increasing the risk of children's involvement in child labor. (49,52)

In 2019, Niger's Supreme Court set legal precedent by ruling wahaya to be illegal. However, the government made limited efforts to inform the public of the court's ruling; anti-slavery organizations have indicated that they will conduct awareness-raising campaigns so that more affected women will bring cases to court. (14,29,30,53-55)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Employment, Labor and Social Security (MELSS) that may hinder adequate enforcement of their child labor laws.

Labor Law Enforcement

In 2019, labor law enforcement agencies in Niger took actions to combat child labor (Table 6). However, gaps exist within the operations of the MELSS that may hinder adequate labor law enforcement, including lack of financial and human resources.

Despite a slight increase in the number of labor inspectors, the total number of labor inspectors is likely insufficient for the size of Niger's workforce, which includes approximately 6.5 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 40,000 workers in less developed countries, Niger would employ about 163 labor inspectors. (5,63-65) Complaints related to child labor, including the worst forms, can be submitted through the National Commission on Human Rights (CNDH). Although the referral process is not clear, the MELSS reported receiving complaints from the CNDH in 2019. (3,5,29) In addition, reports indicate that the government lacks adequate funding and personnel to conduct labor inspections, especially in the informal sector and in remote locations. (5,8,22)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Niger took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including prosecution planning and allocating financial resources.

In 2019, the government investigated and prosecuted 54 cases of trafficking in persons with 50 suspects, and convicted 4 traffickers. However, the number of child victims involved in these cases is unknown. (38) In addition, the Nigerien National Police detained 242 suspected traffickers and dismantled 27 national and 29 international routes for human trafficking and illicit migration. (67)

During the reporting period, prosecutors, judges, police, gendarmerie, and social workers attended a multidisciplinary 3-day workshop to strengthen cooperation among key national stakeholders in identifying, investigating, and prosecuting trafficking in persons cases. In addition, the National Agency to Fight Against Trafficking in Persons and Illegal Migrant Transport (ANLTP/TIM) also conducted trainings with government officials, community leaders, and women's and youth advocacy groups on risk factors for trafficking in persons and combating traditional slavery practices. (38,68) However, reports indicate that inadequate resources, including insufficient personnel, funding, and training, hamper the capacity of criminal law enforcement authorities to coordinate and enforce laws related to the worst forms of child labor. (5,8,21,22,69)

The ANLTP/TIM maintains and publicizes a hotline to report trafficking in persons crimes, but the number of calls received by the hotline that involve child trafficking is unknown. In addition, although the exact number of children removed from the worst forms of child labor is unavailable, according to the MELSS removal of children from child labor occurs only in extreme cases of exploitation, such as child trafficking or forced labor. (22,66,70)

Although Niger has an informal referral system, the ANLTP/TIM submitted a draft national referral mechanism to the Ministry of Justice in 2019. The proposed national referral mechanism would institutionalize a formal process for referrals and improve its use within Niger's law enforcement and judicial systems. (71)

During the reporting period, an anti-slavery organization helped victims of slavery file two cases in the ECOWAS Court of Justice against the Republic of Niger for failing to uphold the rights of the victims against their former masters. (72,73) The Nigerien Supreme Court ruled that the practice of wahaya is illegal, reinforcing the 2003 Penal Code that prohibits this practice. However, research found no evidence of efforts to enforce this ban or to raise awareness of this ruling. (14,30,46) In addition, a civil society organization specializing in assisting victims of traditional slavery reported that most victims do not self-identify or file complaints against their former masters due to lack of reintegration services and dependency on their former masters. (14,30)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including funding.

* Mechanism to coordinate efforts to address child labor was created during the reporting period.

Research was unable to determine whether most of the coordinating bodies were active during the reporting period. (5)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including covering all worst forms of child labor.

† Policy was approved during the reporting period.

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (18)

Research was unable to determine whether activities were undertaken to implement most policies during the reporting period.

The Government of Niger has not adopted the National Action Plan to Combat Child Labor, which was drafted in 2015 and aims to eliminate the worst forms of child labor in Niger by 2025. (18,19,84) During the reporting period, the government participated in a ministerial meeting of the technical special committee on social development and labor that enacted an African Union (AU) 10-Year Plan to Combat Child Labor. The AU plan is intended to guide a new National Action Plan to Combat Child Labor. (5,85)

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including adequacy of efforts to address the problem in all sectors.

* Program was launched during the reporting period.
† Program is funded by the Government of Niger.

During the reporting period, the ANLTP/TIM and IOM opened the first shelter in Zinder for human trafficking victims, including children. The shelter received at least six girls between the ages of 14 and 22; shelter staff provided care to these victims and IOM implemented a reintegration project to help return victims to their families. (5,38,66,95-97)

Although Niger has programs that target child labor, the scope of these programs is insufficient to fully address the problem, especially in agriculture, herding, mining, and caste-based servitude. Niger also lacks a specific program to assist children exploited by religious instructors. (5,15,22,26,69,91) In addition, the resources and facilities available to social services agencies remain inadequate. (4,5)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Niger (Table 11).

1. L'Institut Danois des Droits de l'Homme (IDDH). Étude de référence sur les Entreprises et les Droits de l'Homme: Cas des industries extractives au Niger. December 2014.
   http://www.publishwhatyoupay.org/wp-content/uploads/2015/04/Rapport-Niger-basse-def.pdf.

2. ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Niger (ratification: 2000). Published: 2016.
   http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3250644.

3. UN Human Rights Council. Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Urmila Bhoola - Mission to the Niger. Report No. A/HRC/30/35/Add.1. July 30, 2015.
   http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Documents/A_HRC_30_35_Add_1_ENG.docx.

4. U.S. Department of State. Trafficking in Persons Report- 2018: Niger. Washington, DC, June 28, 2018.
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5. U.S. Embassy- Niamey. Reporting. January 24, 2020.

6. Government of Niger. Etude sur le travail des enfants dans les zones rizicoles au Niger. October 2014. Source on file.

7. Understanding Children's Work. The twin challenges of child labour and educational marginalisation in the ECOWAS region - An overview. July 2014. Source on file.

8. U.S. Embassy- Niamey. Reporting. January 17, 2018.

9. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 1, 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
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10. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Demographic and Health Survey (DHS), 2012. Analysis received March 2020. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.

11. UN Comité pour la protection des droits de tous les travailleurs migrants et des membres de leur famille. Observations finales concernant le rapport initial du Niger. Report No. CMW/C/NER/CO/R.1. October 11, 2016.
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12. UN Committee on the Rights of the Child. Rapport soumis par le Niger en application du paragraphe 1 de l'article 12 du Protocole facultatif à la Convention relative aux droits de l'enfant, concernant la vente d'enfants, la prostitution des enfants et la pornographie mettant en scène des enfants. CRC/C/OPSC/NER/1. November 3, 2017.
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13. ILO CEACR. Individual Direct Request concerning Worst Forms of Child Labor Convention, 1999 (No. 182) - Niger (Ratification: 2000). Published: 2019.
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14. U.S. Embassy- Niamey. Reporting. February 20, 2020.

15. U.S. Embassy- Niamey. Reporting. February 1, 2017.

16. ILO. Rapport de l'Enquete Nationale sur le Travail des Enfants au Niger de 2009. Niamey: National Institute of Statistics of Niger, September 2011. Source on file.

17. Association Nigérienne pour le Traitement de la Délinquance et la Prévention du Crime (ANTD) and ECPAT. L'Exploitation Sexuelle des Enfants au Niger. November 1, 2017. Source on file.

18. ECPAT. Niger: Global Report on Commercial Sexual Exploitation of Children. 2017.
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19. U.S. Embassy- Niamey. Reporting. February 11, 2019.

20. UN Human Rights Council. Report of the Special Rapporteur on the human rights of internally displaced persons on her mission to the Niger. May 9, 2018: A/HRC/38/39/Add.3
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21. Kane Abou, Oumarau. Pratiques esclavagistes et situation de travail forcé au Niger, ILO Pactrad II. July 28, 2015. Source on file.

22. U.S. Embassy- Niamey. Reporting. February 16, 2018.

23. UN Human Rights Council. End of mission statement of the UN Special Rapporteur on the human rights of migrants, Felipe González Morales, on his visit to Niger (1-8 October 2018). October 8, 2018.
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24. RFI. Algérie: démantèlement d'un réseau de mendicité d'enfants migrants nigériens. November 14, 2018.
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25. UNICEF. ISSUE BRIEF: Children on the Move in Niger 2020. February 2020.
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26. U.S. Department of State. Trafficking in Persons Report- 2017: Niger. Washington, DC, June 27, 2017.
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27. ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) - Niger (Ratification: 2000). 2019.
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28. Anti-Slavery International and Timidria. Alternative report on Niger's implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC). Initial report. November 2017.
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29. U.S. Department of State. Country Reports on Human Rights Practices- 2019: Niger. Washington, DC, March 11, 2020.
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30. U.S. Embassy- Niamey. Reporting. March 19, 2019.

31. Face2Face Africa. Wahaya: Niger's banned yet thriving 'marriage' in which women are turned into sexual slaves. October 1, 2018.
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32. UN Committee on the Elimination of Discrimination against Women. Concluding observations on the combined third and fourth periodic reports of the Niger. CEDAW/C/NER/CO/3-4. July 24, 2017.
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33. Amnesty International. Forced to Leave: Stories of Injustice Against Migrants in Algeria. December 20, 2018.
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34. Human Rights Watch. Algeria: Inhumane Treatment of Migrants. June 28, 2018.
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35. African Committee of Experts on the Rights and Welfare of the Child. Mapping Children on the Move within Africa. November 2018.
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36. Médecins Sans Frontières. Niger, at the crossroads of migration December 17, 2019.
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37. UNICEF. Children on the move are, first and foremost, children. March 17, 2020.
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38. U.S. Embassy- Niamey. Reporting. April 8, 2020.

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41. ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Niger (ratification: 2000). Published: 2016.
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42. UNESCO. Global Education Monitoring Report- Education for People and Planet: Creating Sustainable Futures for All. 2016.
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44. Government of Niger. Labor Code. Enacted: September 25, 2012. Source on file.

45. Government of Niger. Decree 2017-682 Regulating the Labor Code. August 10, 2017.
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46. Government of Niger. Code Pénal, Loi N° 2003-025. Enacted: June 13, 2003.
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47. Government of Niger. Law on Combating Trafficking in Persons. Enacted: December 16, 2010. Source on file.

48. Government of Niger. Law 2015-36 on illicit trafficking of migrants. May 26, 2015. Source on file.

49. Government of Niger. Decree No. 2017-935/PRN/MEPAPLN/EC/MES. December 5, 2017. Source on file.

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51. ILO CEACR. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) - Niger (Ratification: 1978). Published: 2019.
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52. Government of Niger. Loi N° 98-12 du 1er juin 1998, portant orientation du système éducatif nigérien. Enacted: June 1, 1998.
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53. USDOS official. E-mail communication to USDOL official. March 8, 2019.

54. Peyton, Nellie. No more 'fifth wife' sex slaves and maids, Niger's top court rules. Reuters. March 20, 2019.
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55. The Japan Times. Niger's top court outlaws 'fifth wife' sex-slave maids. March 21, 2019.
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56. U.S Department of State. Country Reports on Human Rights Practices- 2016: Niger. Washington, DC, March 3, 2017.
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57. Government of Niger, Ministry of Employment, Labour, and Social Security. Niger. Business and Human Rights Resource Centre.
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58. Government of Niger. Portant Création, Attributions et organisation du Service Central de Protection des Mineurs et des Femmes au Niger. January 28, 2011. Source on file.

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60. Government of Niger, Ministry of Justice. Determinant l'organisation, la composition, et les modalites de fonctionnement de l'Agence Nationale de la Lutte contre la Traite des Personnes. March 21, 2012. Source on file.

61. ILO Committee of Experts. Individual Direct Request concerning Forced Labour Convention, 1930 (No. 29) Niger (ratification: 1961). Published: 2017.
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62. Agence de Presse Africaine. Abuja et Niamey s'unissent contre le trafic des êtres humains. April 19, 2019.
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63. CIA. The World Factbook. Accessed January 19, 2018. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
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64. ILO Committee on Employment and Social Policy. Strategies and Practice for Labour Inspection. GB.297/ESP/3. November 2006.
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65. UN. World Economic Situation and Prospects 2019 Statistical Annex. New York. 2019. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
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66. U.S. Embassy- Niamey. Reporting. February 20, 2019.

67. Agence Nigérienne de Presse. Dosso : formation des agents de police sur la lutte contre le trafic illicite de migrants et la traite des êtres humains. May 30, 2019.
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70. U.S. Embassy- Niamey. Reporting. January 25, 2016.

71. U.S. Embassy- Niamey. Reporting. August 30, 2019.

72. IHRDA.org. Fodi Slavery Case Against Niger Before ECOWAS Court. September 5, 2019.
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73. IHRDA.org. Danki Village Slavery Case Against Niger Before ECOWAS Court. May 8, 2019.
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74. U.S. Embassy- Niamey. Reporting. January 17, 2014.

75. UN Food and Agriculture Organization Rome official. E-mail communication to USDOL official. February 23, 2015.

76. Government of Niger. Decree portant l'creation du Comite de pilotage du projet Travail des Enfants dans l'Agriculture. Enacted: October 28, 2014. Source on file.

77. Agence Nigerienne de Presse. La création des Comités de Protection de l'Enfant au Niger pour lutter contre les mauvaises pratiques. July 20, 2019.
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78. Agence Nigerienne de Presse. Dosso: atelier d'élaboration du plan d'actions national de lutte contre la traite des personnes. March 16, 2019.
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79. Government of Niger. Plan de Développement Economique et Social 2017-2021. 2017.
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80. Government of Niger. Politique Nationale de Protection Sociale. August 2011.
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81. UNDAF. Plan Cadre des Nations Unies pour l'Assistance au Développement (UNDAF) NIGER 2019 – 2021. 2019.
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82. ILO Committee of Experts. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Niger (ratification: 1978). Published: 2016.
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83. Government of Niger. Education and Training Sectorial Program (2014–2024). 2013. Source on file.

84. ILO. The Bridge Project. October 2017: Technical Progress Report. Source on file.

85. African Union African Union Action Plan towards Eradication of Child Labour and Modern Slavery on the Continent. February 14, 2019.
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86. Abdoulaye, Mamane. La ministre de la Population, de la Promotion de la Femme et de la Protection de l'Enfant aux Services Educatifs, Judiciaires et Préventifs (SEJUP): Donner un souffle d'espoir à ces centres. Le Sahel, February 21, 2014.
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