CMNT_TITLE

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

Other comments on C138

Observation

Direct Request

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Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It also noted that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultation with workers’ and employers’ organizations in the relevant industry. The Committee noted the Government’s information that no regulation on artistic performance has been adopted.

The Committee notes the Government’s indication that the Labour Standards Bill is being reviewed. However, the Committee notes that there does not appear to have been any discussion on artistic performances in the minutes of the Stakeholders Committee on the Review of the National Labour Bills attached to the Government’s report. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organizations of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee therefore requests that the Government indicate whether children under the minimum age who participate in artistic performances are permitted to do so following permits issued by the competent authority as indicated under section 8(a)(ii) of the Labour Standards Bill. If so, it requests the Government to indicate whether such permits provide for limiting the hours during which, and prescribe the conditions in which, such employment or work is permitted in the revised Labour Standards Bill.

Article 9(1). Penalties. In its previous comments, the Committee noted that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee noted that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x and N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. It observed that the Bill contained no further description or clarification of these penalty measures. Noting once again the absence of information in the Government’s report on this point, the Committee once again requests that the Government take the necessary measures to provide clarification of the penalty scale indicated in the first schedule of the Labour Standards Bill, in the current process of its revision.

Labour inspectorate. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that within the framework of the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS-II”, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each state should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities.

The Committee notes the Government’s information that the National Steering Committee has developed a Reporting template that will allow all the stakeholders to report activities of child labour in various areas and places. However, the report of the Government is silent on the establishment of the State Steering Committees. The Committee therefore once again requests that the Government provide information on the establishment of the State Steering Committees in every state as well as their functioning with regard to child labour inspections undertaken.