VZCZCXRO3015
RR RUEHLMC
DE RUEHNM #0281/01 1071725
ZNR UUUUU ZZH
R 171725Z APR 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 4964
INFO RUEHAR/AMEMBASSY ACCRA 0511
RUEHFR/AMEMBASSY PARIS 0812
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEHLMC/MCA WASHDC

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