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

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

Other comments on C111

Observation

Direct Request

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Articles 1 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing attention to the discriminatory nature of sections 118–128 of the Nigeria Police Regulations, which provide for special recruitment requirements and conditions of service applying to women. Specifically, it had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. Accordingly, the Committee has urged the Government to bring its legislation in conformity with the Convention. The Committee notes the Government’s very general reply that the police hierarchy has little room to address the concerns of the Committee without breaching the Police Act of 1967, and that the Federal Character Commission (responsible for fairness and equity in the distribution of public posts) has therefore addressed this issue through advocacy. Recalling once again that each member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring the Nigeria Police Regulations of 1968 into conformity with the Convention without delay, and to indicate the measures taken to this end.

The Committee notes from the Government’s periodic report to the United Nations Committee on the Elimination of Discrimination against Women that the Government has developed a Gender Policy for the Nigerian Police (CEDAW/C/NGA/7-8, 11 January 2016, paragraph 3.10). While welcoming this initiative, the Committee emphasizes that Article 3(d) of the Convention requires Governments to ensure the observance of the national equality policy in employment under the direct control of a national authority, including the police, and recalls that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (2012 General Survey on the fundamental Conventions, paragraph 788). The Committee requests the Government to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 1 and 2. Legislation. The Committee notes that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2008, which would include provisions on equality of opportunity and treatment, is yet to be adopted. The Committee firmly hopes that real progress will be made in adopting legislation that is 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). In this context, 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, and requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.