- - particular shall be punishable by a fine of between five hundred thousand (500,000) and one million (1,000,000) Francs. In the event of a subsequent offence, the sentence shall be doubled. Article 340: Any employer who takes HIV-AIDS or sickle cell anaemia into account to make decisions concerning hiring, discharge and distribution of duties, professional training, promotion, remuneration, provision of social benefits, discipline or termination of employment contract in particular shall be punishable by a fine of between five hundred (500,000) and two million (2,000,000) Francs. In the event of a subsequent offence, the sentence shall be doubled. Article 341: Any employer who takes membership or non-membership of a trade union and the engagement in trade union activities of workers into consideration to make decisions concerning hiring, discharge and distribution of duties, professional training, promotion, remuneration, provision of social benefits, discipline or termination of employment contract in particular shall be punishable by a fine of between two hundred thousand (200,000) and five hundred thousand (500,000) Francs. In the event of a subsequent offence, the sentence shall be doubled. C. Right to Physical and Mental Health: Article 16 i) Legislative and administrative measures taken to ensure the supply of essential medicines to all who need them, as defined periodically in the WHO Action Programme on essential medicines and antiretrovirals in particular; 158. The availability of medicines, vaccines, consumables, food and therapeutic inputs, reagents, blood, derivatives and medical consumables, including ARVs, was improved and accounted for 30.87% of current health expenditure in 2017, i.e. about FCFA 112,923 billion, against FCFA 92,085 billion in 2016. 159. In order to improve the availability of quality health products, Niger has just formulated a National Strategic Plan for the supply of health products (2019-2023) budgeted at 18 million euros. The adoption of this Plan ties in with the strategic pillars of the 2017-2021 Health Development Plan. A detailed situational analysis of the pharmaceutical system was carried out based on various studies, assessments as well as audits. It then helped to identify the Strengths, Weaknesses, Opportunities and Threats of the National Supply System for health products. The main concerns identified mainly revolve around: (i) weakness of the National Pharmaceutical Board (ONPPC) which is the wholesale distributor of the public sector; (ii) plethora of supply chains which are not under the control of the regulatory authority; (iii) poor governance and leadership in the supply chain; (iv) weakness of available human resources; (v) worrying development of the illegal market; (vi) inadequate regulatory framework which does not cover all health products, and (vii) issue of inadequate funding and difficulty in the mobilization of funds. 160. The Ministry of Health gives priority to the distribution of medicines and health products to the last kilometre with the ONPCC acting as the main stakeholder. The success factors depend on a commitment by the Ministry for the mobilization of funds, provision of adequate personnel, implementation of desired reforms, etc. 161. The implementation of the activities of the strategic plan is expected to produce the following impacts: 1) strengthening of the governance and coordination of the SNA to ensure the transparency of the system; 41

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