Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Other comments on C111

Observation

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Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which includes provisions on equality of opportunity and treatment, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equality of opportunity and treatment in employment and occupation, is incorporated in the Bill. The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill, nor on the adoption of the Gender and Equal Opportunities Bill of 2016, which would provide protection against discrimination based on sex, age and disability; promote gender equality; and provide for special temporary measures, including in employment and occupation. It notes that, in their concluding observations, the United Nations (UN) Human Rights Committee (HRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the delay in adopting the two above-mentioned bills and recommended that the Government expedite the adoption of pending laws and adopt comprehensive anti-discrimination legislation that: (i) includes a comprehensive list of prohibited grounds of discrimination, including race, colour, sex, religion, political opinion, and national or social origin; (ii) covers direct and indirect discrimination; and (iii) provides for effective remedies, including judicial remedies (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 17, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraphs 9, 10 and 35(b)). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill. It trusts that real progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in its national legislation are preserved in any new legislation. In the meantime, 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, and asks the Government to provide information on any progress made in this regard.

Articles 1 and 3. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. More particularly, the Committee underlined that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. While noting the Government’s general indication that this issue will be conveyed to the Police Service Commission for review, the Committee recalls that women should have the right to pursue freely any job or profession and that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see General Survey of 2012 on fundamental Conventions, paragraph 788). It further notes that in its concluding observations, the CEDAW remained concerned about: (i) article 42(3) of the Constitution, which validates any law that may impose discriminatory restrictions with respect to an appointment to the police force; as well as (ii) the above-mentioned discriminatory provisions of the Police Act and Regulations (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 11). Recalling once again that each member State for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring its legislation into conformity with the Convention without delay, and to indicate any measures taken in this regard to effectively ensure equality of opportunity and treatment of women in the police force. It asks the Government, once again, to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 2 and 3. Equality of opportunity for men and women. The Committee previously noted that the National Gender Policy of 2006 was being reviewed and that, while no further information had been provided on training activities by the National Directorate for Employment (NDE) and the Technical Vocational Education Training (TVET) programme for rural women and women with disabilities, the Government referred to the “Community Services, Women and Youth Employment” (CSWYE) project. This project was being implemented to provide temporary employment opportunities in cleaning and light construction work through community services to unemployed women, youth, and persons with disabilities, while ensuring a level of guaranteed income for up to one year. The Committee notes with regret the lack of information provided by the Government on the measures taken to promote equal opportunities for men and women in employment and occupation. However, the Committee notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the Government acknowledges that, although there have been major achievements when it comes to progress with gender equality and the empowerment of women, there are still several challenges, such as for example: gender stereotypes, social norms and cultural barriers; lack of enough up-to date gender disaggregated data; addressing the intersectional nature of gender inequality; inadequate funding to implement programmes and policies; insecurity, gender violence and conflict; non domestication of major treaties and poor implementation of some of the sector specific laws and policies (such as the National Gender Policy). In addition, the Committee notes that, in its concluding observations, the CEDAW was concerned that: (i) the CSWYE and “Growing Girls and Women in Nigeria” projects lack a legislative basis that would ensure their enforcement; (ii) there are no mechanisms in place to track the progress of the CSWYE project; (iii) there is no information on plans to expand that project to rural areas, where the majority of women live; (iv) women own less than 7.2 per cent of the total land mass and their land rights in rural areas are not guaranteed; and (v) rural women continue to face physical, economic and other barriers in gaining access, inter alia, to education and employment (CEDAW/C/NGA/CO/7 8, 24 July 2017, paragraphs 19 and 41). The Committee notes that, in the framework of the Universal Periodic Review (UPR), several UN bodies and organizations expressed concern about school dropout by many women and girls, in particular in the North-East region owing to the Boko Haram insurgency (A/HRC/WG.6/31/NGA/2, 27 August 2018, paragraphs 60–62). In this regard, the Committee notes, from the 2018 Statistical Report on Women and Men in Nigeria, published by the National Bureau of Statistics (NBS), that the enrolment rate of school-aged girls in primary education decreased from 48.6 per cent in 2014 to 47.5 per cent in 2016, and the completion rates for girls in primary, junior and senior secondary schools in 2016 were 64.8 per cent, 38.9 per cent and 28.7 per cent respectively. It notes that the literacy rate among girls and women aged between 15 and 24 years remained low at 59.3 per cent in 2016, compared to 70.9 per cent for men. While observing that the report of the NBS does not contain information on the situation of women in the private sector, the Committee notes that women represented only 44.9 per cent of the state civil service’s employees in 2015 and were mostly concentrated in lower grades, their situation being similar in federal ministries, departments and agencies. Noting from the NBS statistical report that women are often disadvantaged in access to employment opportunities and in conditions of work as compared to men and that employment opportunities of many women are also limited as a result of their family responsibilities, the Committee notes with concern, from the 2017 Unemployment/Under Employment Report of the NBS, that the number of employed women decreased from 2017 to 2018 while their unemployment rate increased by 5.4 percentage points. The Committee notes that, in its concluding observations, the HRC expressed concern about discrimination against women in access to justice, education, employment and enjoyment of land and property rights persists both in law and in practice (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 16). It also notes that, in its concluding observations, the CEDAW was concerned about the persistence of harmful practices and discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, which perpetuate women’s subordination in the private and public spheres (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 21). The Committee notes that the Human Rights Council, in the context of the UPR, specifically recommended that the Government: (i) strengthen educational opportunities for girls; (ii) continue efforts to facilitate women’s economic empowerment and access to economic opportunities, particularly in rural areas; (iii) prevent violence and discrimination against women; and (iv) intensify efforts to enable women to gain access to justice by increasing gender awareness among judges and other court personnel (A/HRC/40/7, 26 December 2018, paragraph 148). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further urges the Government to provide information on the measures taken, including in the framework of the revision of the National Gender Policy of 2006, to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas, by effectively enhancing women’s economic empowerment and access to education and employment, including decision-making positions, as well as by improving the school attendance rate for women and girls while reducing their early dropout from school. The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. The Committee previously noted that article 42(1)(a) of the Constitution – which provides that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject – only protects citizens and does not contain an explicit prohibition of discrimination in employment and occupation. Having noted that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly requested the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. It notes with regret that the Government once again provides no information on this point, nor regarding discrimination in employment and occupation resulting from the practice of ascribing certain occupations and social status to a person on the basis of that person’s descent. The Committee notes with concern that, in its concluding observations, the HRC was concerned about: (i) allegations of discrimination against religious minorities, including discrimination against Christians in the northern states in terms of access to education and employment; as well as (ii) reports of discrimination against certain ethnic minorities in various aspects of their lives, including access to education and employment due to the differential access of indigenous persons and settlers, and segregation from society of some groups such as the Osu (CCPR/C/NGA/CO/2, 29 August 2019, paragraphs 44 and 50). In light of the absence of national legislation explicitly prohibiting direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, the Committee urges the Government to provide information on any measures taken, in law and in practice, to address discrimination in employment and occupation faced by ethnic and religious minorities, including nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures undertaken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on any legislative developments relevant to the rights of minorities.

General Observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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