Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Nigéria (Ratification: 2002)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) of the Convention. Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that by virtue of section 91 of the Labour Act, a worker is a person who has entered into an oral or written contract with an employer. Accordingly, it reminded the Government that the Convention applies to all types of work or employment regardless of the existence of a contractual relationship and requested it to provide information on the measures taken or envisaged in this regard.

The Committee notes that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Act applies to all employees. An “employee”, according to section 60 of the Bill, means any person employed by another under oral or written contract of employment whether on a continuous, part-time, temporary or casual basis and includes a domestic servant who is not a member of the family of the employer. This again implies that children working outside a formal labour relationship, such as children working on their own account or in the informal economy are excluded from the provisions giving effect to the Convention. In this regard, the Committee notes from the document on National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector which includes crafts/artisanal work and street-related activities as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry and garments manufacturing. In this regard, referring to the General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 343), the Committee points out that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure that all children, including self-employed children and children working in the informal economy, benefit from the protection laid down in the Labour Act. In this respect, it requests the Government to review the relevant provisions of the Labour Standards Bill in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

2. Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation.

The Committee notes that according to section 8(1) of the Labour Standards Bill, no child (defined as persons under the age of 15 years (section 60)), shall be employed or work in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observes that section 8(1) of the Bill is in conformity with Article 2(1) of the Convention (by establishing a minimum age of 15 years as specified at the time of ratification). The Committee expresses the firm hope that the Labour Standards Bill which establishes a minimum age of 15 years for employment or work is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted that neither the Labour Act of 1990 nor the Child Rights Act of 2003 provided for a comprehensive list of types of hazardous work, to be prohibited to children under 18.

The Committee notes from a report entitled, List of Hazardous Child Labour in Nigeria, 2013, by the Federal Ministry of Labour and Productivity that, a study was conducted to identify and determine the most hazardous conditions to which children under 18 years are exposed in various occupations in Nigeria. The study identified certain hazardous types of work including agriculture (cocoa and rice farming), quarrying, artisanal mining, traditional tie and dye, processing of animal skin, domestic services, scavenging and recycling collection, street work, begging, construction and transport works. The Committee further notes the information from the ILO–IPEC report of 2014 that the final list of hazardous work has been validated by the National Steering Committee and is currently awaiting official endorsement. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under 18 years will be finalized and adopted in the near future. It requests the Government to provide information on the progress made in this regard and to supply a copy, once it has been adopted.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12 to 16 years to undertake an apprenticeship for a maximum period of five years while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship.

The Committee observes that although sections 46 and 47 of the Bill of 2008 lays down the terms and conditions for entering into a contract of apprenticeship, it does not specify a minimum age for apprenticeship. Recalling that Article 6 of the Convention authorizes work to be carried out in enterprises within the context of an apprenticeship programme by persons of at least 14 years of age, the Committee requests the Government to take the necessary measures to ensure that children under the age of 14 years are not permitted to undergo an apprenticeship programme. In this regard, the Committee expresses the firm hope that the necessary amendments to the Labour Standards Bill will be adopted in order to bring it into conformity with Article 6 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work.

The Committee notes that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, does not indicate the lower minimum age at which such work may be permitted. In this regard, the Committee notes that according to the Multiple Indicator Cluster Survey Report of 2011 (UNICEF–National Bureau of Statistics, Nigeria), 47 per cent of children aged between 5 and 14 years are engaged in child labour. The Committee, therefore reminds the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13 to 15 years to perform light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to establish a minimum age for admission to light work, in conformity with Article 7(1) of the Convention.

Article 7(3). Determination of light work. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. It also observed that the maximum working hours of eight hours a day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes as laid down under Article 7(1)(b) of the Convention.

The Committee notes that the Labour Standards Bill does not contain any provision regulating the employment of children in light work. The Committee therefore once again draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken, as well as the types of activities that constitute light work. It requests the Government to provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes from the ILO–IPEC report of 2014 that within the ECOWAS-II project, 37 activities were implemented in Nigeria, including capacity-building activities for the Child Protection Network and the State Steering Committees on Child labour; sensitization campaigns against child labour in the informal economy, particularly in market places in the States of Ogun, Abeokuta, Abuja and Ibadan; and school-based awareness campaigns. The ILO–IPEC report also states that a baseline survey on child labour in artisanal and small-scale mining conducted in 2011 in seven states indicated an increasing involvement of children in these sectors. The Committee further notes that according to a report entitled, “the Twin Challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour with 10.5 million children involved in child labour. The Committee notes the measures taken by the Government. However, it notes with deep concern the large number of children under the minimum age for admission to employment who are working in Nigeria. The Committee urges the Government to strengthen its efforts to ensure the progressive elimination of child labour. It requests the Government 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 sex.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while finalizing the Labour Standards Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention.

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

[The Government is asked to supply full particulars to the Conference at its 105th Session and to reply in detail to the present comments in 2016.]