Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Nigeria (Ratification: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National legal framework and penalties. The Committee notes with interest the enactment of the Trafficking in Persons (Prohibition) Enforcement and Administration Act in 2015 which provides for a detailed list of offences, such as trafficking in persons, forced labour, trafficking in slaves or slave dealing, as well as the penalties that are applied for each offence (sections 15, 16, 22, 24, 25). The Committee also notes that the Anti-Trafficking Act provides for the establishment of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) under which special departments have been set up, such as the Investigation and Monitoring and the Legal and Prosecution Departments (section 11). Moreover, the Committee notes the Government’s indication in its report that the NAPTIP has made many arrests of suspected human traffickers since its inception. Moreover, charges have been initiated against suspected human traffickers and successfully prosecuted and the convictions of a total of 249 traffickers have been secured. In this regard, the Committee notes the statistical data annexed to the Government’s report with regard to pending criminal cases instituted by the NAPTIP for the period of 2012–16. The Committee notes that several cases were related to trafficking in persons for forced labour or sexual exploitation, as well as deceitful inducement for forced labour. It also notes that for these cases trials are still ongoing. The Committee requests the Government to continue to provide information on the application in practice of the Trafficking in Persons (Prohibition) Enforcement and Administration Act in 2015, indicating the activities of the NAPTIP, in terms of preventing, suppressing and punishing trafficking in persons. The Committee also requests the Government to continue to provide statistical data on cases of trafficking for labour or sexual exploitation, as well as information on the outcome of the legal proceedings that have been instituted and the penalties imposed on perpetrators.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s reference to different measures taken with regard to the protection and assistance for victims of trafficking, such as: (i) the development and adoption of an operational guideline on a national referral mechanism, which organizes service providers in geographical and service clusters to better protect and assist the victims; (ii) the training of officers of the counselling and rehabilitation department in order to professionalize social work in the agency; and (iii) the remodelling and improvement of the NAPTIP Transit Shelters to provide quality service to the victims. Furthermore, the Government indicates that 78 victims of trafficking were empowered with means of economic independence and a victim of trafficking who had been undergoing rehabilitation by the NAPTIP was admitted into the University. A total of 9,738 victims were rescued and rehabilitated during the year. Moreover, the Committee notes the provisions dealing with victims’ rehabilitation facilities, legal and medical assistance, and training facilities under the 2015 Anti-Trafficking Act (sections 61–68). It notes in particular that under section 67, a Trust Fund for victims of trafficking has been established to pay compensation, restitution and damages to trafficked persons. The Committee encourages the Government to continue to take measures to ensure victims’ protection and assistance. It also requests the Government to indicate whether, in accordance with section 67 of the 2015 Anti-Trafficking Act, the Trust Fund has been established and whether, the victims identified have received compensation for the harm they have suffered.

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 section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), as well as section 17(10) of the Police Act, Cap. 359 under which restrictions on certain persons to resign may be imposed. The Committee requested the Government to provide information on the application in practice of these provisions pending their amendment.

The Committee notes an absence of information in the Government’s report. Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that 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 (paragraph 290). The Committee therefore reiterates its 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. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, including the numbers and circumstances of accepted or refused applications to resign by military and police staff, as well as the reasons 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.