Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)



A Government representative appreciated the constructive observations and requests made by the Committee of Experts with regard to the domestication of the provisions of the Convention. She stated that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision in line with the observations made by the Committee of Experts. This revision, which would be done in consultation with the social partners, would take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy, as well as provisions to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy. The review of the Labour Standards Bill would define a minimum age of 15 years for employment or work; a minimum age of 14 years for apprenticeship programmes; a lower minimum age of 13 years for admission to light work, and would regulate hours of work in light work. With the aim of protecting the rights of the child, several measures had been taken, including the adoption and implementation of the National Policy on Child Labour and the National Hazardous Child Labour List, which provided maximum protection for children from extremely hazardous working conditions. Efforts were also being made to provide statistical data on the employment of children and young persons, especially in the informal economy, in collaboration with the relevant ministries and agencies in Nigeria. The labour inspectorate of the country had been strengthened to eliminate child labour, both in the formal and informal economies. While hoping that the Government would be able to provide a progressive report in 2017, she reiterated the Government’s willingness to accept the technical assistance offered by the ILO.

The Worker members emphasized that child labour was pervasive in Nigeria and that the laws and policies remained inadequate to address the widespread nature of the problem. The legislation failed to comply with the Convention, including sections 59(1) and 91 of the Labour Act of 1990, which permitted the employment of children under 12 years of age by family members to perform light work in agriculture and domestic service, and section 49(1), which permitted children between the ages of 12 and 16 to perform apprenticeships. The Labour Act also failed to provide for a minimum age for admission to light work and for the conditions in which such work could be undertaken. The Worker members, noting the statement by the Government concerning the existence of the list of types of hazardous work to be prohibited for children under the age of 18, indicated that this list had not been provided to the Committee of Experts. The Labour Act did not cover children employed in domestic work or children working on their own account or in the informal economy. The Committee of Experts had referred to the recognition, in the Government’s 2013 National Policy on Child Labour, that child labour was particularly prevalent in the semi-formal and informal economies. These children were exposed to abuse and their vulnerability was exacerbated by the lack of legal protection, which meant that labour inspectors were unable to reach them. The proposed Labour Standards Bill, which the Government explained had been withdrawn and would be revised, provided for a minimum age for employment of 15, but did not address many of the issues raised. The Worker members also pointed out that the lack of access to education and mass unemployment in the country had caused many children to be displaced or involved in armed conflict. The high prevalence of early marriages among girls in the northern part of the country also had a serious negative impact on their right to education. Children with no access to education had little alternative than to enter the labour market, often working in dangerous and exploitative conditions. Access to free and compulsory education was crucial to reducing child labour. Despite the Compulsory, Free Universal Basic Education Act of 2004, universal access to compulsory education did not fully exist in the country, with geographical disparities between states. The number of factory inspectors and labour officers was totally inadequate to deal with the wide-scale problem of child labour, and the Government had not published statistical information on child labour-related procedures. The special rapporteur on child rights of the Nigerian Human Rights Commission did not have the necessary human and financial resources to fulfil the mandate to monitor and collect data on the violation of children’s rights. The Worker members urged the Government and the social partners to identify more effective and timely measures to bring the country’s practices in line with the Convention.

The Employer members noted the indication by the Government that the Labour Standards Bill of 2008 had been withdrawn and that it would be revised, in consultation with the social partners, to ensure conformity with the Convention. However, national laws and practice were not currently in conformity with the Convention. The Committee of Experts had identified a number of weaknesses in the national legislation, including: (i) the absence of coverage of children in self-employment or informal employment; (ii) the existence of several minimum ages in the legislation, some of which were too low; (iii) the absence of a minimum age to enter into an apprenticeship contract; (iv) the absence of a minimum age for admission to light work; and (v) the lack of regulation of the conditions under which light work could be performed. The Government had indicated that these legislative issues would be addressed while reviewing the Labour Standards Bill. It was strongly encouraged to prioritize finalization of the new national legislation and to avail itself of technical assistance from the ILO as soon as possible. Concerning the need to adopt a list of types of hazardous work to be prohibited for children under 18, the Government had indicated that the list had been finalized and was operative in the country. The consequence of the Government’s failure to bring its labour laws into line with the Convention was that children continued to be exploited. While fixing the law was important, ensuring its implementation was also essential, and it was imperative for the Government to improve its labour inspectorate system and provide it with adequate resources and technical knowledge of the national legislation which protected children. The situation could also be improved through the intensification of sensitization campaigns, which were already being undertaken within the ECOWAS II Project and were aimed at encouraging the education of children rather than work, regardless of whether it was in the formal or informal economy.

The Worker member of Nigeria emphasized that no child should be at work, but in classrooms and playgrounds. The Committee of Experts had noted the serious gaps in the legislation with regard to minimum age; the non-finalization of the list of types of hazardous work prohibited for children under 18 years; the alarming rate of children employed in the semi-formal and informal economies; and the intensification of child labour. Free and high quality education was one of the essential means of combating child labour. At the same time, it was important to note the measures taken by the Government at the federal and state levels to eliminate child labour and keep children in school, such as increasing the budget for education and implementing a compulsory school feeding programme. He also recalled the criminal activities of armed groups which, in addition to causing the death of thousands of people, included kidnapping hundreds of children in schools and destroying schools. A large number of teachers had been killed by these groups and most of the surviving teachers in north-eastern Nigeria had been forced to relocate or to quit teaching. Global support was therefore needed for the efforts of Nigeria and its neighbours to bring an end to the activities of such groups. The social partners should also be associated in the technical assistance provided to the country. Noting the withdrawal of the Labour Standards Bill of 2008, he recommended that a new timeframe be provided to the Government to effectively conclude the review process of the legislation, in coordination with the relevant stakeholders. He hoped that such a legislative reform would take into account the reality of the situation of child labour in Nigeria.

The Government member of the Netherlands, speaking on behalf of the European Union (EU) and its Member States, as well as the former Yugoslav Republic of Macedonia, Norway and the Republic of Moldova, recalled the commitment made by Nigeria under the Cotonou Agreement to respect democracy, the rule of law and human rights principles, which included the abolition of child labour. He urged the Government to make every effort to strengthen the labour inspection mechanisms in the country, which were essential to address child labour in the informal economy. The Government was strongly encouraged to adopt the list of types of hazardous work prohibited for children under 18 years of age in the near future, and to put in place a comprehensive legal framework establishing the minimum age for apprenticeship and light work, in conformity with the Convention. He noted with deep concern the number of children in child labour in the country. The twin challenges of child labour and educational marginalization seriously undermined the future prospects of individuals and societies. He encouraged the Government to avail itself of technical assistance from the ILO in order to adopt the revised Labour Standards Bill on an urgent basis.

The Government member of Switzerland called on the Government to take the necessary legislative action as soon as possible to fix the minimum working age at 15 years as a general rule, at 14 years for apprenticeships and at 13 years for light work; the terms under which such light work is carried out must be defined. Legislation must also be introduced on the various forms of hazardous work and a list of types of hazardous work prohibited for children should be adopted.

The Worker member of New Zealand emphasized the pressing need for the Government to adopt effective laws to prevent child labour. Although the Government had addressed these issues through the introduction of the Labour Standards Bill eight years ago, the Bill had not yet been adopted. He urged the Government to prioritize the adoption of the Labour Standards Bill after addressing the following major gaps: the exclusion of children outside formal labour relationships; the absence of a lower minimum age for light work, and specification of what constituted light work in domestic, agricultural and horticultural work, as well as restrictions regarding working hours and conditions for light work; and the establishment of a minimum age of 14 years for apprenticeship programmes. He noted that the Government had already adopted a list of types of hazardous work prohibited for children under 18 years of age. Finally, while welcoming the Government’s intention to address these issues in the Labour Standards Bill, he urged it to do so as soon as possible.

The Government member of Cuba recalled that the Government had indicated its intention to meet its commitments vis-à-vis the ILO and was currently taking steps to adopt measures for the application of the Convention. She called on the ILO to provide appropriate technical cooperation.

The Worker member of the United States noted that, despite the steps taken by the Government to eliminate child labour, the situation in the country had not substantially changed and there remained an alarmingly large number of underage workers. The inconsistent legislation, namely the federal Child’s Right Act of 2003 and the Labour Act of 1990, resulted in the minimum age for employment being below international standards, and the conflicting language in the legislation made it unclear as to what minimum age applied for specific types of work. The Labour Act did not cover children employed in domestic service and, due to legislative shortcomings and difficulties of enforcement, children were vulnerable to dangerous working conditions. She hoped that the withdrawal of the Labour Standards Bill, announced by the Government, would be done swiftly, as children in the country were engaged in the worst forms of child labour, including their recruitment by armed groups. Such a situation, if not urgently addressed, would lead to serious and grave implications for the children affected, their families and communities, and the national economy. As a beneficiary of the United States African Growth and Opportunity Act, Nigeria was required to enforce an acceptable minimum age for the employment of children and to prohibit forced labour, and the Government had to work towards meeting its obligations under the Convention.

The Worker member of Australia noted that education, as a tool against child labour, was in dire straits in the country, especially in north-eastern Nigeria. The problems associated with the ongoing non-compliance with the Convention were compounded by the context of violence and intense regional insecurity that confronted young people in the north-eastern states of the country. Since the beginning of 2012, thousands of children had been forced out of schools in the region and school enrolment was estimated to be 28 per cent lower than in any other region of the country. These young people were pushed to work to survive. There were Government initiatives aimed at securing the area, re-establishing schools and allowing teachers to return to work. The most effective measure complementing the laws on minimum age for the eradication of child labour, was to ensure that the integrity of the education system was maintained for young people. Despite some assistance from surrounding nations, much more needed to be done and the Government had to redouble its efforts. Greater focus, better coordination and further resources were urgently needed for the north-eastern region. National and regional measures had to be supported by global initiatives aimed at ensuring that all children had access to education in an environment that was free from fear and violence.

An observer representing Education International emphasized that the issue of child labour was clearly connected with the provision of quality public education for all children in all parts of the world. Nigeria was one of the ten countries accounting for the majority of children deprived of access to education. The situation had worsened since 2009. Indeed, as a result of the criminal activities of armed groups, many schools had been destroyed and others had been forced to close; hundreds of teachers had been killed and thousands of students and teachers injured. Thousands of civilians, many of them women and girls, had been abducted, including large groups of students. Children were forcibly recruited into armed forces, and female students were abducted for sexual slavery. The situation had left whole communities without any opportunity to become literate and have decent work opportunities. In addition, millions of children had no future other than to work from an early age. Steps therefore needed to be taken by the Government, with regional cooperation and the support from United Nations agencies and the international community, to make education for all a reality in all parts of Nigeria as a way of eradicating child labour.

The Government member of Algeria noted the initiatives taken by the Government to update its legislation in the light of the country’s economic and social circumstances and the observations of the Committee of Experts. In particular, the Government had started the process of withdrawing the Labour Standards Bill, which would be amended in consultation with the social partners. The amendments would include the introduction of new measures to protect children in the informal economy, to strengthen the capacity and expand the scope of the labour inspectorate to the informal economy, and to fix the minimum age in line with the Convention. He welcomed the Government’s initiatives and encouraged it to apply the legislation effectively.

The Government member of Ghana noted that the Government had taken pragmatic measures to bring its national law and practice into conformity with the Convention. The Government had withdrawn the Labour Standards Bill and had taken into account the views of the tripartite national constituents. There was no doubt that, with the technical assistance of the ILO, Nigeria would work assiduously to review and update the Labour Standards Bill and to address the issues raised by the Committee of Experts.

The Government member of Kenya noted the efforts made by the Government to review its labour statutes in order to be in compliance with the provisions of the Convention and appreciated its commitment and willingness to conform to the recommendations of the Committee of Experts. There was a need for sustained technical cooperation to enable the Government to implement those recommendations. The Government should pursue its efforts to promote the principles of the Convention, taking into account the plight of children in the country, and to find solutions to bring an end to the threat of terrorism in the country.

The Government member of Zimbabwe supported the Government in its efforts to put in place legislative provisions to address issues concerning child labour. The provision of labour inspection, especially in the informal economy, was particularly significant since it provided a livelihood for a large proportion of the population and most of the exploitation of children took place in this economy. He expected that the Government would live up to its promises and endeavour to strengthen labour inspection. He expressed confidence that the information shared with the Committee provided a credible and viable basis to bring about a turnaround in the ongoing situation and supported conclusions that gave the Government some time to implement the actions planned and to engage all of the concerned stakeholders, particularly workers and employers.

The Government representative said that the Labour Act 1990 was no longer in force, but that the Labour Act 2004, as amended, was in force. Most of the issues raised on minimum age referred to child work that was not harmful to children, as opposed to child labour. She presented the National Child Labour Policy and the list of types of hazardous work prohibited for children under 18 years of age, which had been adopted in 2013 and were being implemented. Moreover, the National Action Plan for the Elimination of Child Labour 2013–17, which contained seven thematic areas and strategies to work upon a roadmap to eliminate child labour, had been adopted and was being implemented. She denied that child labour in Nigeria was due to the political situation in the country. The only problem the country was facing was terrorism, which was a global issue and not particular to Nigeria. The issue of armed groups fell under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Government had been addressing these issues separately. With respect to the Child Rights Act, Nigeria was a federation and the laws adopted by the states needed to comply with federal laws. Laws protecting children would be implemented when they had been adopted.

The Worker members emphasized that the exploitation and abuse of children in Nigeria were appalling and were depriving an entire generation from their right to education and from achieving their full potential. The large number of children working under the minimum age, often in dangerous and hazardous conditions, made it urgent for the Government to bring its law and practice into line with the Convention, in consultation with the social partners. In particular, the minimum age for admission to employment should be set at 15 years, light work should only be allowed for children aged at least 13 years and under conditions enabling them to benefit from their right to education and healthy development, and children employed in the informal economy should be covered by labour legislation so that child labour could be monitored and prevented in the informal economy. The Worker members urged the Government to communicate the list of types of hazardous work prohibited for children which had been adopted to the Committee of Experts before its next session. The Government should ensure the enforcement throughout the country of the Compulsory, Free Universal Basic Education Act of 2004 to prevent children entering the labour market due to lack of access to education. Effective enforcement would only be possible with a well-resourced labour inspectorate. There was a need to increase the number of inspectors and to ensure the provision of the necessary resources to carry out independent and effective inspections. The Worker members maintained that failure by Nigeria to act on this issue would cripple its economic development and would result in children without prospects for the future being drawn to armed groups. They expressed their appreciation of the Government’s statements and urged it to intensify the efforts undertaken in order to completely abolish child labour in consultation with the social partners.

The Employer members commended the Government for its willingness and commitment to receive technical assistance from the ILO in order to finalize the revision of the legislation. The Government was strongly urged to: strengthen its efforts to ensure the protection of children and the elimination of child labour, in both the formal and informal economies; urgently seek technical assistance from the ILO to address the identified gaps in the Labour Standards Bill; prioritize finalization of the revised Labour Standards Bill and any accompanying regulations; and take measures to improve the capacity of its labour inspectorate, including by providing it with adequate resources.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee expressed concern with the insufficient steps taken by the Government to apply the Convention in law and practice and encouraged the Government to adopt a constructive attitude.

Taking into account the discussion of the case, the Committee urged the Government to:

• - strengthen its efforts to ensure the elimination of child labour both in the formal and informal sector of the economy;
• - revise and adopt the Labour Standards Bill in consultation with the social partners in order to ensure that the minimum age for employment is set at the age of 15; light work is defined in line with Convention No. 138 and does not inhibit children’s access to education; children below the age of 13 are prohibited from engaging in any type of work; and that children in the informal economy are explicitly covered by the labour laws;
• - communicate the list of the types of hazardous work to the Committee of Experts in time for their next report;
• - increase the number and resources of labour inspectors;
• - ban soldiers from using schools for military purposes to avoid such schools being targeted for attacks and destruction;
• - bring those who perpetrate child labour to justice, including militias;
• - work with traditional leaders and state-level administration in order to eliminate the harmful impact of traditional practices on children.

The Committee called on the Government to avail itself of ILO technical assistance to achieve these recommendations.

The Worker members regretted that the Government of Nigeria had not been present during the reading and adoption of the conclusions proposed for its case.

The Employer members joined the Worker members in expressing deep disappointment with the Government of Nigeria’s failure to appear before the Committee for the reading of the conclusions.

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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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The Committee notes with regret that, for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. 1. National policy on children. The Committee noted that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2(1). 1. Scope of application. The Committee noted that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee noted that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee also noted that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Section 29 of the Child Rights Act of 2003 states that “the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act”. Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee noted that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently noted that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminded the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2(1) of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee noted that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee noted that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20–23), 37 per cent of young domestics do not have rest days and they work on average 12–15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2(3). Age of completion of compulsory schooling. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government added that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently noted that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3(2). Determination of hazardous work. The Committee noted that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also noted that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also noted that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly drew the Government’s attention to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee noted that, according to section 49(1) of the Labour Act, a person aged 12–16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12–16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7(1). Minimum age for admission to light work. The Committee noted that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently noted that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit the employment or work of children aged 13–15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13–15 years may perform light work.

Article 7(3). Determination of light work. The Committee observed that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently noted that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminded the Government that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9(1). Penalties. The Committee noted that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59–62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59–62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59–62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observed that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminded the Government that, under Article 9(1) of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee noted the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25–26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the labour inspectorate.

Part V of the report form. The Committee noted that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO–SIMPOC, pages xix and 63, 2000–01), Nigeria counted more than 15 million child workers in 2000–01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observed that 70 per cent of the child workers started work when they were 5–9 years of age. The Committee expressed its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret, for the third consecutive year, that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. 1. National policy on children. The Committee noted that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee noted that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee noted that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee also noted that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Section 29 of the Child Rights Act of 2003 states that “the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act”. Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee noted that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently noted that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminded the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2(1) of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee noted that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee noted that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20–23), 37 per cent of young domestics do not have rest days and they work on average 12–15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government added that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently noted that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also noted that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also noted that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly drew the Government’s attention to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee noted that, according to section 49(1) of the Labour Act, a person aged 12–16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12–16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee noted that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently noted that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit the employment or work of children aged 13–15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13–15 years may perform light work.

Article 7, paragraph 3. Determination of light work. The Committee observed that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently noted that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminded the Government that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee noted that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59–62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59–62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59–62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observed that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminded the Government that, under Article 9(1) of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee noted the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25–26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the labour inspectorate.

Part V of the report form. The Committee noted that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO–SIMPOC, pages xix and 63, 2000–01), Nigeria counted more than 15 million child workers in 2000–01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observed that 70 per cent of the child workers started work when they were 5–9 years of age. The Committee expressed its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. 1. National policy on children. The Committee noted that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee noted that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee noted that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee also noted that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Section 29 of the Child Rights Act of 2003 states that “the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act”. Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee noted that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently noted that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminded the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2, paragraph 1, of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee noted that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee noted that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20–23), 37 per cent of young domestics do not have rest days and they work on average 12–15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government added that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently noted that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also noted that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also noted that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly drew the Government’s attention to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee noted that, according to section 49(1) of the Labour Act, a person aged 12 to 16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12 to 16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee noted that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently noted that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminded the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13 to 15 years may perform light work.

Article 7, paragraph 3. Determination of light work. The Committee observed that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently noted that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminded the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee noted that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59–62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59-62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59-62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observed that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminded the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee noted the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25–26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the Labour Inspectorate.

Part V of the report form. The Committee noted that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, pages xix and 63, 2000–01), Nigeria counted more than 15 million child workers in 2000–01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observed that 70 per cent of the child workers started work when they were 5 to 9 years of age. The Committee expressed its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. 1. National policy on children. The Committee noted that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee noted that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee noted that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee also noted that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Section 29 of the Child Rights Act of 2003 states that “the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act”. Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee noted that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently noted that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminded the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2, paragraph 1, of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee noted that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee noted that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20–23), 37 per cent of young domestics do not have rest days and they work on average 12–15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government added that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently noted that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also noted that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also noted that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly drew the Government’s attention to paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee noted that, according to section 49(1) of the Labour Act, a person aged 12 to 16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12 to 16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee noted that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently noted that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminded the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13 to 15 years may perform light work.

Article 7, paragraph 3. Determination of light work. The Committee observed that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently noted that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminded the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also drew the Government’s attention to paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee noted that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59–62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59-62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59-62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observed that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminded the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee noted the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25–26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the Labour Inspectorate.

Part V of the report form. The Committee noted that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, pages xix and 63, 2000–01), Nigeria counted more than 15 million child workers in 2000–01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observed that 70 per cent of the child workers started work when they were five to nine years of age. The Committee expressed its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s first and second reports. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. 1. National policy on children. The Committee notes that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term "worker" does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminds the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee notes that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it notes that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, "no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character". The Committee also notes that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be "employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character". Section 29 of the Child Rights Act of 2003 states that "the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act". Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee notes that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observes that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently notes that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminds the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2, paragraph 1, of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee notes that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee notes that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20-23), 37 per cent of young domestics do not have rest days and they work on average 12-15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government adds that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently notes that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also notes that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also notes that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee notes that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly draws the Government’s attention to paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee notes that, according to section 49(1) of the Labour Act, a person aged 12 to 16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12 to 16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee notes that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently notes that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminds the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13 to 15 years may perform light work.

Article 7, paragraph 3. Determination of light work. The Committee observes that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently notes that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also draws the Government’s attention to paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observes that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1.  Penalties. The Committee notes that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59-62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59-62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59-62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observes that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminds the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee notes the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25-26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the Labour Inspectorate.

Part V of the report form. The Committee notes that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, pages xix and 63, 2000-01), Nigeria counted more than 15 million child workers in 2000-01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observes that 70 per cent of the child workers started work when they were five to nine years of age. The Committee expresses its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.