Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Nigeria (Ratification: 1960)

Other comments on C097

Observation

Direct Request

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption on 14 July 2003 of the Trafficking in Persons (Prohibition) Law Enforcement Administration Act (Act No. 24 of 2003). The Act provides for the establishment of the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP) which is responsible for enforcing laws against trafficking, investigating cases and prosecuting persons suspected of engaging in trafficking and coordinating rehabilitation and counselling of victims. The Committee also notes that a draft National Labour Migration Policy that aims at promoting good governance in labour migration, protecting migrant workers and optimizing the benefits of migration for development, was prepared in 2011. The Committee requests the Government to provide information on any progress made in the adoption of the Labour Migration Policy and to provide a copy of the policy once it has been adopted. Please also provide details on the measures envisaged in the draft policy for the protection and welfare of migrant workers.

Migration flows. The Committee notes that, according to the draft Labour Migration Policy, best estimates indicate that in 2009 over 5 million Nigerians lived abroad and in 2006 there were 600,000 foreigners residing in Nigeria. The Committee again requests the Government to provide any available recent statistical information, if possible disaggregated by sex, concerning the number and origin of persons migrating for employment to and from Nigeria.

Articles 2, 4 and 7. Information and assistance services to migrant workers. The Committee notes that, according to the draft Labour Migration Policy, there is no formal structure to assist nationals to migrate to other countries. The Committee hopes that the Government will undertake the necessary steps to establish an adequate and free service to assist both immigrants and emigrants for employment, and in particular to provide them with accurate information, and requests the Government to provide information on any measures taken in this regard.

Article 3. Misleading information. Trafficking in persons. The Committee notes from the Government’s brief report that the NAPTIP was established. The Committee notes that, according to Act No. 24 of 2003, the functions of the NAPTIP also encompass information and awareness-raising campaigns with regard to the trafficking of human beings. The Committee requests the Government to specify whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them, and if so to provide information on any measures taken in this respect. Please also provide detailed information on how the measures against misleading propaganda help to put an end to trafficking in persons and particularly trafficking of Nigerian women to Europe for purposes of sexual exploitation.

Article 6. Equality of treatment. The Committee notes the provisions in the Labour Standards Bill prohibiting discrimination in employment and occupation, including equal pay for work of equal value, on the basis of race, colour, sex, marital status, religion, political opinion, national extraction or tribe, social origin or real or perceived HIV/AIDS status. Noting that the list of prohibited grounds does not include nationality, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country than to nationals with respect the matters enumerated in Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them.

Wages. In its previous comments, the Committee noted that, according to section 35(1) of the Labour Act of 1990 (Cap. 198), “the Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. The Committee notes the Government’s indication that this provision has not been included in the Labour Standards Bill, which will repeal the Labour Act of 1990. The Committee requests the Government to provide information on any developments regarding the adoption and entry into force of the Labour Standards Bill and to provide a copy of the text once it has been adopted.

Social security. The Committee notes that the Government refers in its report to the Pension Reform Act of 2004, which establishes a contributory pension scheme for all employees in the public and private sectors, and to the Employee’s Compensation Act, 2010 (Act No. 13), that applies to all employers and employees, except members of the armed forces. The Committee requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights and that the Employee’s Compensation Act, 2010 (Act No. 13) applies to migrant workers on an equal footing with nationals.

Article 8. Maintenance of residence in case of incapacity for work. The Committee again requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in the event of incapacity to work.