Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. National legislation. The Committee notes that the Government enacted the Trafficking in Persons (Prohibition) Law Enforcement Administration Act, in 2003, amended in 2005, (hereinafter the Anti-Trafficking Law) which provides for a precise definition of what constitutes the crime of trafficking in persons, covers trafficking in persons not only for the purpose of sexual exploitation but also for the purpose of labour exploitation, and makes this crime punishable with imprisonment for one year, two years or life imprisonment depending on the degree of seriousness of the offence. The Committee also notes that the Act establishes a National Agency for the Prohibition of Trafficking in Persons and other related matters (NAPTIP) which is granted powers of arrest, search and seizure in relation to suspected incidences of human trafficking, which are also powers shared with police, immigration and customs officials.

Referring to the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), also ratified by Nigeria, the Committee notes that to date over 800 cases of trafficking in persons have been investigated, 132 persons were convicted of offences related to trafficking in human beings, while over 100 cases are pending in the court. The Committee requests the Government to provide further information on the application in practice of the provisions punishing trafficking in persons, including statistical data on the legal proceedings which have been instituted against perpetrators, as well as the penalties imposed.

Protection and assistance for victims of trafficking in persons. The Committee notes that the Anti-Trafficking Law makes provision for the humane treatment, protection and non-discriminatory practices towards victims of trafficking. These include access to rehabilitation facilities, temporary stay without valid documents and medical attention (sections 36–37). Trafficked victims have the right to institute civil action against their traffickers irrespective of their immigration status (section 38).

Referring to the Government’s report on the application of Convention No. 182, the Committee notes the Government’s indication that 5,000 victims of trafficking have benefited from rehabilitation, vocational training and economic empowerment. The Committee also notes the information from a report of the United Nations Office on Drugs and Crime that NAPTIP has rescued more than 4,000 victims of trafficking since its creation. The Committee requests the Government to communicate information on the measures taken in practice to provide protection and assistance, including legal assistance and compensation to victims of trafficking, as well as information on the number of persons benefiting from these services.

Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee has repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, General Survey on the fundamental Conventions concerning rights at work, 2012, paragraph 290).

The Committee once again notes the Government’s indication that, in practice, officers in the armed forces, the police as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. The Committee expresses the firm hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to indicate the number of applications to resign by military and police staff, as well as other ranks, that have been refused, indicating the grounds for refusal. The Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.