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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;
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