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

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

Other comments on C111

Observation

Direct Request

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Legislation. The Committee notes the Government’s repeated indication that the Labour Standards Bill of 2008 has not yet been adopted. The Committee repeats its request to the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Articles 1 and 2 of the Convention. The Committee notes with interest the adoption in 2014 of the HIV and AIDs (Anti-Discrimination) Act which contains provisions eliminating all forms of discrimination based on HIV status in the workplace, for which the ILO provided technical support based on the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide more information on the measures taken or envisaged to implement this new legislation to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status, as envisaged in Recommendation No. 200.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes the Government’s indication that the Federal Character Commission (responsible for fairness and equity in the distribution of public posts), the Federal Civil Service Commission and the Federal Ministry of Women Affairs and Social Development promote equal access of men and women to employment and occupation. The Committee also notes the Government’s indication that the National Directorate of Employment (NDE) and the Technical Vocational Education Training (TVET) provide vocational training to rural women, and that quotas for rural women with disabilities have been established to promote their participation. It also notes that the Government mentions the Community Service, Women and Youth Employment Project (CSWYE) which targets unskilled women in rural areas. The Committee requests more concrete information on the measures taken by the Federal Character Commission, the Federal Civil Service Commission and the Federal Ministry of Women Affairs and Social Development to promote equal access of men and women to employment and occupation, including specific examples and statistical information on the results obtained. It also requests specific examples of the training conducted by the NDE, TVET and the CSWYE, including copies of training materials and statistical information on participants disaggregated by gender and results achieved, and the number of persons employed.

The Committee notes the Government’s indication that section 54(1) of the Labour Act of 1990 addresses the issue of discriminatory practices against women based on maternity and marital status, and that married and unmarried women have equal opportunities for employment in both the public and private sectors. It notes, however, that the Government does not provide information on concrete measures that implement such legislative provisions, nor does the Government provide information on the number and nature of cases of discriminatory practices against women based on maternity and marital status. The Committee is aware that discriminatory practices linked to pregnancy and maternity continue to exist worldwide and that they have been particularly linked to dismissals and the refusal of re-employment on returning to work following maternity leave. The Committee therefore once again requests the Government to indicate the measures taken to implement section 54(1) of the Labour Act, including information on the number and nature of the cases identified and addressed by the competent authorities, and particularly by labour inspectors.

The Committee notes that the Government provides no concrete information in reply to the Committee’s comments concerning discrimination in employment and occupation resulting from practices ascribing certain occupations and social status on the basis of a person’s descent. The Committee urges the Government to indicate whether it has taken measures to promote equality of opportunity and treatment in employment and occupation for ethnic groups which face disadvantage and discrimination, including nomadic groups.

Article 3(a). Cooperation of employers’ and workers’ organizations. Noting that since 2005 the Committee has been requesting information on the role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination, it once again requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

Article 3(d). Public employment. The Committee notes that the Government has not replied to its comments concerning public employment. The Committee once again requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all Government appointments. The Committee also once again requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.