Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Nigeria (Ratification: 1974)

Other comments on C100

Observation

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Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which would provide for equal remuneration for men and women for work of equal value, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equal remuneration for men and women for work of equal value has been incorporated in the Bill (section 11.2). The Government adds that, in any case, the Constitution provides for equal remuneration for work of equal value. The Committee notes, however, that article 17(3)(e) of the Constitution provides for “equal pay for equal work without discrimination on account of sex, or any other ground”. In this regard, the Committee wishes to recall that the wording of such provision unduly restricts the scope of comparison of jobs performed by men and women and does not reflect the concept of “work of equal value” as provided for under the Convention, which is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill. It notes that, in concluding observations, the United Nations (UN) Human Rights Committee (UNHRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) respectively expressed concern about the delay in adopting the above-mentioned bill and recommended that the Government expedite the adoption of pending laws (CCPR/C/NGA/CO/2, 29 August 2019 and CEDAW/C/NGA/CO/7-8, 24 July 2017). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill. It trusts that real progress will be made soon in adopting legislation that fully reflects the principle of equal remuneration for men and women for work of equal value in its national legislation, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Article 2. Gender wage gap. The Committee notes the Government’s statement that efforts are being made to obtain the statistical information pertinent to evaluate the progress made in the application of the principle of the Convention. In this regard, it recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). However, the Committee observes from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the gender participation gap in labour force participation is still quite significant with an estimate of less than 25 per cent of women making up the country’s formal labour force (NBS, 2018). In this report, the Government acknowledges that, despite women’s contribution to the economy and to combating poverty through both remunerated and unremunerated work at home, in the community and in the workplace, several gender specific disparities exist as far as the country’s economic indices are concerned, in particular as regard women’s access to means of production and provides some concrete examples: (i) Nigerian labour markets are gendered, as a majority of those in formal employment are men. NBS 2018 data confirm that only 32,5 per cent of women were employed in the (non-agricultural) private sector; (ii) women run only 20 per cent of enterprises in the formal sector and 23 per cent of these enterprises are in the retail sector; women make up 37 per cent of the total work force in the garment industry, and they are very poorly represented in the wood, metals, chemicals, construction, and transport industries ; (iii) limited opportunities for employment and a rather small medium-scale enterprise sector have meant that micro or informal enterprise has become a default strategy for many Nigerians; (iv) data show that men are twice as likely to secure finance compared to women. In 2007, for example, about 64 per cent disbursed loans went to male applicants. Some of the reasons behind this include stringent prequalification criteria and a disconnect between available opportunities and women in the rural areas; (v) women’s access to land, a key productive asset is limited: according to the Government’s report, although the Nigeria Land Administration Act is egalitarian on paper, further work is required to operationalize the Act as the predominant practice is patrilineal inheritance (from father to son); (vi) women are significantly under-represented in secure wage employment in both the private and public sectors; and those who have formal sector jobs are constrained by the reproductive roles they play. As a result, many women occupy low-level posts that offer them the flexibility they need to manage their households while working in the formal economy.

The Committee notes further that, according to the Global Gender Gap Report from the World Economic Forum, in 2018 the country gender wage gap was high, being estimated at 35 per cent. In that respect, the Committee observes that, in its concluding observations, the CEDAW was concerned about the lack of information on the activities of labour inspectors to investigate the alleged gender wage gap, especially in the private sector (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35). In light of the absence of legislation that fully reflects the principle of the Convention and the persistence of a significant gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further asks the Government to provide information on the measures taken to address the underlying causes of this persistent gender pay gap, identified in its report under the national-level review of implementation of the Beijing Declaration, such as traditional practices and gender stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, and to promote women’s access to a wider range of jobs with career prospects and higher pay. Noting that the importance of micro-enterprises as the main source of income makes it a strategic area for the empowerment of women, the Committee asks the Government to indicate the concrete measures adopted to promote women’s economic empowerment and entrepreneurship, as well as the results thereof. Finally, the Committee asks the Government to provide updated statistical information on the earnings of men and women, disaggregated by economic sector and occupation.

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