CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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Previous observation and direct request

Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. Legislation.Noting that the Government does not provide any information in reply to its previous comment, the Committee once again asks the Government to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 in practice, including its impact on the integration of men and women with disabilities in the labour market; (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; (iii) the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market); and (iv) 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. Referring to its previous comment, the Committee takes note of the Occupational Safety and Health (OSH) checklist provided by the Government in its report. The Committee notes with interest that the OSH checklist, which guides workplace health inspections, requires labour inspectors to asks if a workplace has a HIV/AIDS policy in place and if it has been communicated to employees. The Committee takes note of the information provided in the National Workplace Policy on HIV and AIDS, 2013, the objectives of which are to ensure the development of policies and programmes to, inter alia, eliminate discrimination and stigmatization in the workplace based on real or perceived HIV status, and which shall be reviewed every 5 years. The Government also indicates that there have been no cases of discrimination based on real or perceived HIV/AIDS status. The Committee requests the Government to provide: (i) a copy of the revised National Workplace Policy on HIV/AIDS once finalized; and (ii) information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including the number of complaints or cases of discrimination based on real or perceived HIV and AIDS status dealt with by the labour inspectors, the courts or any other competent authority, as well as the penalties imposed and remedies granted.

Articles 1 and 3(c). Discrimination based on sex with regard to employment in the police force. The Committee notes that the Government did not provide any new information on this point and therefore once again requests it to provide statistical information on the number of women who have been recruited to the police force following the entry into force of the 2020 Police Act.

Articles 2 and 3. Equality of opportunity for men and women. The Committee welcomes the adoption and implementation of: (1) the Adolescent Girls Initiative for Learning and Empowerment Programme (AGILE) 2020–25, to enhance women’s economic development and facilitate access to education and employment for girls and women; (2) the National Policy on Gender in Education (2021) and its Implementation Guidelines, which reviews the 2006 National Policy on Gender in Basic Education, and aims to address issues of access to, retention in and completion of education, and to ensure equitable access and promote empowering and inclusive education for boys, girls, men and women at all levels of education; (3) the revised National Gender Policy 2021–26 which seeks to bridge the gender inclusion gaps and achieve gender parity in all spheres of life, advance women’s participation and representation in leadership and governance and support girls’ and women’s education; and (4) the 2022 project Promoting Gender Equality and Enterprise Formalization in Nigeria, in collaboration with the ILO, to support key actors in the business ecosystem to adopt approaches and policies that respond to the needs of women entrepreneurs, with a focus on those active in the informal economy. The Committee also notes that the Government, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), indicates that, despite various advocacy initiatives, strong patriarchal social norms and cultural beliefs remain deeply entrenched and are obstacles to gender equality. The Committee requests the Government to pursue its efforts and to provide information on: (i) the measures taken in the framework of the National Gender Policy 2021–26 and the National Policy on Gender in Education 2021 and the results achieved; (ii) the measures taken to address underlying obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and the lack of access to productive resources, such as through awareness-raising activities for workers’ and employers’ organizations, in schools and to the general public; and (iii) provide statistical information, disaggregated by sex, on the participation of men and women in all stages of education, including vocational training courses, and employment.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. With regard to the prohibition for women to undertake night work and underground work under sections 55 and 56 of the Labour Act, the Committee notes the Government’s indication that sections 55(2) and (5) and 56(2) of the Labour Act provide exceptions to the general prohibition. However, the Committee notes, that these exceptions are very limited, and only apply when the work involved is related to the provision of healthcare services and not related to manual labour, or when women are undertaking managerial tasks. The Committee therefore once again refers to the Government to its General Survey on the fundamental Conventions, 2012, paragraphs 839–840. The Committee once again requests the Government to: (i) consider amending, in consultation with workers’ and employers’ organizations, and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act 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; and (ii) 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.