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Minimum Age Convention, 1973 (No. 138) - Nigeria (RATIFICATION: 2002)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. In response to its previous comments, the Committee notes the Government’s information in its report on the results achieved following the implementation of the measures undertaken within the framework of the National Action Plan for the Elimination of Child Labour. Accordingly, a total of 6,933 children (3,858 boys and 3,075 girls) were rescued from child labour and 120 vulnerable households were empowered. The Government also states that the second cycle of its National Policy on the Elimination of Child Labour and its National Action Plan (NAP) 2021-2025 has been launched and is currently being implemented. A State Action Plan on child labour in alignment with the NAP has been developed in the six states of Ogun, Oyo, Ondo, Niger, Lagos and Ekiti. Moreover, capacity building workshops were conducted which benefitted 85 Child Labour Desk Officers and State Controllers of Labour.

With regard to the data collected through the National Reporting Template on child labour, the Committee notes the Government’s information that from 2018 to 2020, 12,334 cases of child labour were detected, of which 2,772 children were empowered, 2, 671 children were referred to social services, and 6,891 children were reunited with their families. The Government also indicates that from 2018 to 2019, 629 prosecutions were conducted, 308 fines were imposed, and 63 persons were sentenced to imprisonment.

The Committee further notes that the ILO project entitled “Accelerating Action for the Elimination of Child Labour in Supply Chains in Africa” launched in 2018 in Nigeria (ACCEL Africa Project in Nigeria) aims to eliminate child labour in supply chains in cocoa and artisanal small-scale gold mining supply chains. This project has undertaken several activities, including: (i) strengthened systems and provided stakeholders across spheres of the society with the skills and tools required to urgently eliminate child labour and achieve SDG Target 8.7 by 2025; (ii) carried out a series of interventions on child labour, including research, the provision of school kits and re-registration of out-of-school children and other direct and indirect interventions; and (iii) conducted capacity building workshops for 37 child labour desk officers to enhance the national response to eradicate child labour, to build the requisite skill and also to equip them with the modalities of implementing the actions for the elimination of child labour. The Committee notes from an ILO Press Release of May 2021 entitled: ILO Supports Nigeria’s Response to Child Labour Emergency that in order to reduce child labour in supply chains, Nigeria is operating a Conditional Cash Transfer (CCT) Scheme with over 2.5 million households that are currently beneficiaries and which is envisaged to be extended to over one million vulnerable households within its Nigeria’s Action Pledges. The Committee, however, notes from this Press release that about fifteen million children under 14 years are engaged in economic activities and about half of this population are working in hazardous situations. While noting the measures taken by the Government, the Committee expresses its deep concern at the large number of children engaged in child labour and hazardous work in Nigeria. The Committee therefore strongly urges the Government to intensify its efforts to ensure the elimination of child labour, including within the framework of the National Action Plan 2021-2025 and the ACCEL Africa Project in Nigeria and to provide information on the concrete measures taken in this regard and the results achieved. It also requests the Government to continue to provide information on the data collected with regard to the employment of children and young persons through the National Reporting Template. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

With regard to the issues raised under Article 2(1), Article 3(2), Article 6, and Article 7(1) and (3), the Committee requests the Government to see the consolidated comments at the end.

Article 2(1). 1. Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee noted that section 60 of the revised Labour Standards Bill has broadened the definition of an employee to include, “other forms of employment both in the formal and informal economy” thereby ensuring protection for all working children, including self-employed children and children working in the informal economy.

2. Minimum age for admission to work. Following its previous comments concerning the discrepancies on the minimum ages for employment prescribed by the national legislation, the Committee notes the Government’s information that the minimum age of 15 years for employment or work, which is the age specified at the time of ratification, has been incorporated in the revised Labour Standards Bill.

Article 3(2). Determination of hazardous work. In reply to its previous comments, the Committee notes the Government’s information that the list of types of hazardous work prohibited to children under 18 years of age has been incorporated in the third schedule of the revised Labour Standards Bill.

Article 6. Apprenticeship. With regard to the minimum age for apprenticeship, the Committee previously noted that section 46(1)A of the revised Labour Standards Bill establish a minimum age of 14 years for apprenticeship programmes.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work activities. In its previous comments, the Committee noted the Government’s information that section 8(1)A of the revised Labour Standards Bill established a minimum age of 13 years for admission to light work and lays down the conditions and hours of work permitted to children of 13 years of age in light work activities. It also noted the Government’s indication that Schedule two of the revised Labour Standards Bill provides for a list of activities that constitute light work.

Noting the Government’s information that the Labour Standards Bill has been validated by the social partners, the Committee urges the Government to take the necessary measures to ensure that the revised Labour Standards Bill which:

(i)provides for the protection of all working children, including self-employed children and children working in the informal economy;
(ii)provides for a minimum age of 15 years for admission to employment or work;
(iii)provides for a list of types of hazardous work prohibited to children under 18 years;
(iv)establishes a minimum age of 14 years for apprenticeship programmes;
(v)establishes a minimum age of 13 years for light work activities, indicating the hours and conditions of light work; and
(vi)provides for a list of light work activities permitted to children of 13 years

will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as a copy once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.