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Previous observation and previous direct request
Repetition The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with Article 6(1) of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in subparagraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.Article 8 of the Convention. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.
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:
The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with Article 6(1) of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in subparagraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.
In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.
Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.
Article 8 of the Convention. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.
Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.
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:
The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.
1. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.
2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.
3. Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.
4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.
5. Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.
The Committee notes the Government’s report.
1. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 "The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred." Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)-(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.
2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers - irrespective of their nationality - who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.
4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.
The Committee notes with regret that the Government’s report has not been received for several years. It must therefore repeat its previous observation which read as follows:
The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality. According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People’s Rights, which was ratified by Nigeria in 1990. The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner. The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees. The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.
The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality.
According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People’s Rights, which was ratified by Nigeria in 1990.
The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.
The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.
The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:
According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People's Rights, which was ratified by Nigeria in 1990.
The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in Paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.
The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in Article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.