Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Autre commentaire sur C138

Observation

Demande directe

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the Government’s report dated 24 August 2016 as well as of the detailed discussion which took place at the 105th Session of the Conference Committee on the Application of Standards in June 2016, concerning the application by Nigeria of the Convention. The Committee notes that the Conference Committee expressed concern with the insufficient steps taken by the Government to apply the Convention in law and practice and encouraged the Government to adopt a constructive attitude.

Article 2(1) of the Convention. Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Labour 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. The Committee observed 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 noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector which includes crafts and 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. The Committee requested 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. It requested that the Government review the relevant provisions of the Labour Standards Bill as well as take the necessary 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.

The Committee notes the statement made by the Government representative of Nigeria to the Conference Committee that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision. The Government representative further indicated that this revision would be done in consultation with the social partners and will take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy, as well as provisions to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy. In this regard, the Committee notes the Government’s information in its report that programmes and workshops related to labour inspection in the informal economy are being carried out. The Committee urges the Government to take the necessary measures to revise the Labour Standards Bill thereby ensuring protection for all working children, including self-employed children and children working in the informal economy. It requests that the Government provide information on any progress made in this regard. It further requests that the Government provide information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate to the informal economy.

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. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), 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 observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention. The Committee urges the Government to take the necessary measures to ensure 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 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 notes that at the Conference Committee the Government representative of Nigeria stated that the “List of Hazardous Child Labour in Nigeria”, which provided maximum protection for children from extremely hazardous working conditions, has been adopted. The Committee notes with concern that the copy of the hazardous list, which the Government representative of Nigeria was referring to and which has been sent along with its recent report, was not a regulation prohibiting hazardous types of work, but a study that was conducted by a sub-technical committee set up by the National Steering Committee to identify the most hazardous conditions to which children under 18 years are exposed in Nigeria. The report based on the study, in its recommendations, states that “the urgent need to prohibit the involvement of children in identified tasks/activities should be accorded priority”. The Committee further notes the information from the ILO–IPEC that the final list of hazardous work identified in the study has been validated by the National Steering Committee and is currently awaiting official endorsement. The Committee therefore urges the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous child labour, identified by the sub-technical committee set up by the National Steering Committee, is adopted, thereby prohibiting hazardous types of work to children under 18 years. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 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. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age for apprenticeship.

The Committee notes the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill will establish a minimum age of 14 years for apprenticeship programmes. The Committee urges the Government to take the necessary measures to ensure that the Labour Standards Bill will be revised in the near future and that a minimum age of 14 years for apprenticeship programmes will be established so as to be in conformity with Article 6 of the Convention. It requests that the Government 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. It also noted 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 noted 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. It reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13–15 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 notes the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would fix the lower minimum age of 13 years for admission to light work. The Committee accordingly urges the Government to take the necessary measures to ensure that the revision of the Labour Standards Bill will establish a minimum age of 13 years 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. It noted that the Labour Standards Bill did not contain any provision regulating the employment of children in light work. The Committee drew 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 notes the statement made by the Government representative that the revision of the Labour Standards Bill will ensure that the light work activities by children of 13 years is regulated. The Committee accordingly urges the Government to take the necessary measures, during the revision of the Labour Standards Bill, 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 that the Government provide information on the measures taken in this regard.

Application of the Convention in practice. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that various activities were undertaken within the ECOWAS-II project to combat child labour. It also noted from the ILO–IPEC report 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 noted 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 expressed its deep concern at the large number of children under the minimum age for admission to employment who are working in Nigeria. Noting the absence of information in the Government’s report on this point, the Committee urges the Government to strengthen its efforts to ensure the elimination of child labour. It requests that the Government 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 revising 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 avail itself of ILO technical assistance in order 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 reply in full to the present comments in 2017.]