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Worst Forms of Child Labour Convention, 1999 (No. 182) - Nigeria (RATIFICATION: 2002)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. The Committee previously noted that the Child Rights Act of 2003 which prohibits the worst forms of child labour and supersedes all other laws to the contrary came into force in only four of the 36 states of Nigeria. The Committee requested the Government to take the necessary measures to ensure that the Act enters into force in all states.

The Committee notes the Government’s indication that the Child Rights Act has come into force in 26 states while the other four states have been urged to enforce the Act before 2013. The Committee requests the Government to provide information with regard to the enforcement of the Child Rights Act in the remaining four states.

Article 4(1) and (2) of the Convention. Determination and identification of hazardous work. The Committee previously noted that section 28(1)(c) and (2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observed that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9), of the Factories Act). The Committee noted, however, that the national legislation did not provide for a list of types of hazardous work.

The Committee notes the Government’s indication that the Occupational Safety and Health Bill, which is currently before the National Assembly for approval, contains a list of types of hazardous work prohibited to young persons under the age of 18 years. In addition, the Bill has also identified the areas where the types of hazardous work exist. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Occupational Safety and Health Bill which contains a list of types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly. The Committee requests the Government to supply a copy, once it has been adopted.

Article 5. Monitoring mechanisms. National Agency for the Prevention of Trafficking in Persons (NAPTIP). The Committee previously noted that NAPTIP which is responsible for coordinating efforts against trafficking is also entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It also noted that, according to section 35 of the Anti-Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTIP have large powers to enter, search and arrest.

The Committee notes the Government’s information that to date, over 800 cases of human trafficking have been investigated, 132 persons were convicted for the offences related to trafficking in human beings, while over 100 cases are pending in the court. The Government further indicates that 5,000 victims of trafficking have benefited from rehabilitation, vocational training and economic empowerment. The Committee notes the information from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that the NAPTIP officials have been provided training, including the International Criminal Investigative Training Assistance Programme which is a 40-hour course on trafficking in persons. The UNHCR report further indicates that from April 2011 to the end of 2011, the NAPTIP investigated 24 cases of trafficking involving children and 38 cases of child labour. Of these cases, 25 convictions related to trafficking were reported. The Committee also notes the information from a report of the United Nations Office on Drugs and Crime that NAPTIP has rescued more than 4,000 victims of trafficking since its creation, and achieved more than 100 convictions of trafficking between 2008 and early 2010. The Committee requests the Government to continue providing information on the number of investigations involving trafficking in children conducted by the NAPTIP, the police officers, customs officers and immigration officers and their findings.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Nigeria has participated in several of the ILO–IPEC’s regional projects, such as the “West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and exploitative Child Labour” (WACAP project 2002–06) and the project entitled “Eliminating the Worst Forms of Child Labour in West Africa and Strengthening sub-regional Cooperation through ECOWAS” (ECOWAS project-II, 2009–13). The Committee notes the information from the ILO–IPEC that within the framework of the WACAP project, a total of 1,017 children were assisted through educational services and 528 children benefited through non-educational services, while 505 families of child beneficiaries were trained in various income generating activities. It also notes that within the ECOWAS project: (i) a National Policy on Child labour and a National Action Plan Against Child Labour (NAPCL) have been drafted and presented before the National Steering Committee for validation; (ii) a subcommittee for the identification of hazardous work in Nigeria has been constituted; (iii) a two-day capacity building and sensitization workshop on the worst forms of child labour was held in May 2012 in Abeokuta and Ibadan; and (iv) three main market sensitization rallies on the hazards of child labour and importance of education was held in Abeokuta, Abuja and Ibadan market in June 2012. The Committee expresses the firm hope that the Government will take the necessary measures to validate and adopt the National Policy on Child Labour and the National Action Plan against Child Labour developed within the ECOWAS project. It also requests the Government to provide information on their implementation and impact on eliminating the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted that sections 25, 26, 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23, 24 and 26 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour as well as for violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, pornography or illicit activities. It also observed that the penalties laid down under section 64(1) of the Labour Act for the violation of the prohibition to employ children in hazardous occupations, were very low.

The Committee notes the Government’s information that penalties under the Labour Law have been reviewed and the fines imposed have been increased in the Labour Standards Bill which is currently before the National Assembly. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 21 June 2010 noted with particular concern that the overwhelming majority of rescued victims of trafficking for sexual exploitation are girls and that successful prosecutions remain low (CRC/C/NGA/CO/3-4, paragraph 86). The CRC further remained concerned at the widespread character of child trafficking and that the country remains a source, transit and destination country for trafficking of children. The Committee also notes the information from a report available on the website of the UNHCR that the number of cases prosecuted remained low compared to the large numbers of trafficking investigations. In this regard, the Committee urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies to combat this phenomenon. It requests the Government to take effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children for labour and sexual exploitation are carried out. The Committee requests the Government to provide information on the practical application of the Anti-Trafficking Law, Child Rights Act and the Labour Act, including information on the number and nature of violations reported, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee notes from the National Report of Nigeria on the Development of Education by the Federal Ministry of Education for the 48th Session of the International Conference on Education, 2008, that in 2006, the country launched the National Action Plan for the implementation of the Universal Basic Education Programme to achieve Education for All (EFA) and the Millennium Development Goals (MDGs) by 2015.

The Committee notes that according to the MDG report of 2010, the net enrolment ratio in primary education was 68 per cent in 2000. Since then it has increased, and at 2008, the gross enrolment ratio stood at 88.8 per cent. However, the MDG report indicates that while an increasingly high proportion of school-age children are actually enrolling in school, more of them are also dropping out in the course of their education. Moreover, wide regional disparities exist in primary school enrolment and completion rates. According to the UNESCO World Data on Education, Nigeria, 2010–11, the Universal Basic Education Commission reports that in 2009, there were 58,595 primary schools in the Federation, with a total enrolment of 21.85 million pupils. The UNESCO report further indicates that the gross enrolment ratio at the secondary school was estimated at 31.4 per cent in 2005, with an estimated 7.2 million young persons (between 15 and 19 years) not enrolled in any school. The Committee notes that the CRC, in its concluding observations, noted with appreciation the steps taken by the Government to implement the free Universal Basic Education Programme, such as measures to improve the quality of education, increased budgetary allocations for the education sector, adoption of the Vocational Educational Initiative, especially for children from low socio-economic status, as well as the ongoing process of integrating religious schools into the formal school system. However, the Committee notes that the CRC remained seriously concerned at the high percentage of primary school age children that are not enrolled in schools, the very low primary school completion rate and the low net secondary school enrolment rate (CRC/C/NGA/CO/3-4, paragraph 71). While noting the measures taken on education reforms by the Government, the Committee urges the Government to redouble its efforts to improve the functioning of the education system and to facilitate access to free basic education. In this regard, the Committee requests the Government to take the necessary measures to increase the school enrolment rates at the primary and secondary level and to decrease the school drop-out rates. It requests the Government to provide information on the measures taken in this regard and to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates in its next report.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee notes the information from a report available on the website of the UNHCR that the NAPTIP created the Victims of Trafficking Fund in 2010 and provided $21,500 for assistance to victims of trafficking. The report also indicates that the NAPTIP operate eight shelters across the country for children rescued from the worst forms of child labour, particularly trafficking. In addition, the Ministry of Women’s Affairs and Social Development operates four shelters across the country along with non-residential drop-in centres where children at risk can access social services. In this regard, the Committee notes that the CRC, in its concluding observations of 2010, expressed concern that the link between human trafficking and international protection obligations are inadequate, particularly concerning children trafficking over international borders (CRC/C/NGA/CO/3-4, paragraph 86). The Committee requests the Government to take the necessary measures to provide for adequate protection and assistance for the rehabilitation, reintegration and repatriation of child victims of international trafficking. It also requests the Government to provide information on the number of victims of worst forms of child labour, particularly child victims of trafficking who have benefited from the Government’s and NAPTIP’s rehabilitation centres.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that the CRC in its concluding observations expressed its concern at the increase in the number of children in street situations, including almajiri children. The CRC also expressed concern at the reports of young girls, including children in street situations and orphans, being forced into prostitution in urban centres (CRC/C/NGA/CO/3-4, paragraphs 84 and 88). The Committee notes the information from a report available on the website of the UNHCR that in Nigeria, it is traditional to send children, known as almajiri from rural to urban areas to live with and receive Koranic education from Islamic teachers. These children are often forced by their teachers to beg and surrender the money they earn and in most cases these children may go without adequate food and shelter. This report further indicated that in December 2010, the Ministerial Committee on Madrasah Education reported that there are approximately 9.5 million almajiri in Nigeria. In view of the fact that street children are at a higher risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect them from these worst forms and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard as well as the number of street children and child victims of begging who have been rehabilitated and reintegrated into society.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee notes that according to the Global AIDS Progress Report – Nigeria 2012 (AIDS report), the 2003 Child Rights Act in combination with the National Plan of Action for Orphans and OVCs and the National Child Policy provide a legal framework for the implementation of services for orphans and vulnerable children in Nigeria. The AIDS report also indicated that Child Protection Networks (CPN) funded by UNICEF, have been established in 23 states and the Federal Capital Territory between 2010 and 2011. The CPN serve to engage a diverse range of interested organizations in monitoring, reporting and responding to OVCs as well as providing legal assistance for children in conflict. The Federal Ministry of Women and Social Development along with the National OVC Steering Committee and the National Technical Coordinating Group supported several OVC programmes which provide legal assistance and protective care services to OVCs. Furthermore, various state level efforts for supporting OVCs include the provisions of food, nutrition and skills acquisition services to OVCs in the states of Kaduna and Taraba. The Committee notes, however, from the AIDS report that there are an estimated 17.5 million vulnerable children, of which an estimated 7.3 million have lost one or both parents due to various causes, and of these, 2.23 million were orphaned by HIV/AIDS. The Committee expresses its deep concern at the high number of OVCs and children orphaned in Nigeria as a result of HIV/AIDS. Recalling that orphans and OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts within the framework of the National Plan of Action on Orphans and Vulnerable Children to ensure that such children are protected from the worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

Clause (e). Special situation of girls. The Committee notes that according to the 2011 draft report of the Decent Work Country Programme II (2012–15) (DWCP), women are discriminated against in access to education for social and economic reasons. The literacy rate for males is 58 per cent but only 41 per cent for females. In the north, Muslim communities favour boys over girls in deciding which children to enrol in secondary and elementary schools. In this regard, the Committee notes that CRC, in its concluding observations of 2010 remained seriously concerned at the persisting gender inequalities in school enrolment and retention rates in the northern states (CRC/C/NGA/CO/3-4, paragraph 71). The Committee notes that at the meeting on consideration of the sixth periodic report of Nigeria (8 July 2008) under the Convention on the Elimination of all Forms of Discrimination against Women, the Nigerian delegation stated that through the Girl-child Education project, measures were being taken to ensure free access to primary and secondary education for girls. Moreover, under the National Poverty Eradication Programme (NAPEP), women heads of household were offered financial incentives to send their female children to school (CEDAW/C/SR.837). The Committee requests the Government to pursue its efforts to improve girls’ access to education, particularly in the northern states and to provide information on progress made in this regard.

Article 8. International cooperation. 1. Bilateral agreement to combat child trafficking. Following its previous comments, the Committee notes the Government’s statement that Nigeria has signed bilateral agreements with United Kingdom, Northern Ireland, Luxembourg, and Switzerland as well as operational agreement with the Netherlands relating to the reduction of child trafficking. The Committee requests the Government to provide information on the impact of these bilateral agreements in combating the trafficking of children.

2. Poverty eradication programme. The Committee notes from the Government’s report that, one of the schemes of the NAPEP entitled “In care of the People” aims to break the intergenerational transfer of poverty and reduce vulnerability of the poor in the society. This scheme also covers primary school attendance and the utilization of public basic health-care facilities. One of the outcomes of this scheme was that, over 200,000 children who were in danger of dropping out of school were kept in school. The Committee notes that according to the DWCP report, the estimated number of people living in extreme poverty in Nigeria has increased from 17.7 million in 1980 to 67.1 million and 71.3 million in 1996 and 2004, respectively. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts for the effective reduction of poverty in the country. It also requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that the CRC, in its concluding observations of 2010, expressed serious concern at the very high number of children engaged in the worst forms of child labour, in particular in agriculture, construction, mining and quarrying as well as at the high number of trafficking children who are victims of sexual exploitation or who are trafficking and sold abroad for purposes of sexual exploitation (CRC/C/NGA/CO/3-4, paragraphs 86 and 88). The Committee further notes that according to the UNICEF Information Sheet on Child Labour in Nigeria, 2006, an estimated 15 million children work in Nigeria, mostly in the semi-formal and informal economy with hundreds of thousands of young domestic workers working for prosperous urban families. The Committee expresses its deep concern at the situation and high number of children who are engaged in child labour and its worst forms in the country. It therefore urges the Government to strengthen its efforts to prevent these children from engaging in the worst forms of child labour and to remove those involved from these worst forms and to provide for their rehabilitation. It also asks the Government to provide statistical information and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.