CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nigeria (RATIFICATION: 2002)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Having previously noted the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee observed that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. The Committee asked the Government to include in its national legislation an explicit prohibition of sexual harassment at work. The Committee notes the Government’s indication that the question of sexual harassment is being addressed in the Labour Standards Bill. The Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination. The Committee asks the Government to intensify its efforts to include provisions in the Labour Standards Bill that: (i) clearly define and prohibit all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints lodged concerning sexual harassment and the sanctions imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Disability. Legislation. Noting in its previous comments the adoption of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018, the Committee asked the Government to provide information on its application in practice. The Committee notes that the Government’s report is silent on this point. The Committee therefore asks the Government once again to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; and (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and the employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV status. In the absence of reply to its previous request, the Committee again asks the Government to provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV status. It also asks the Government to provide: (i) a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist; (ii) information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including any complaints or cases of discrimination based on real or perceived HIV status dealt with by the labour inspectors, the courts or any other competent authority, as well as the sanctions imposed and remedies granted.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work and underground work in mines for women. In the absence of information in the Government’s report, the Committee asks the Government once again to consider amending, in consultation with employers’ and workers’ organizations, and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures for improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.