Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Maternity. For a number of years, the Committee has been requesting that the Government provide information on the specific measures taken to address discriminatory practices against women based on maternity and marital status in the workplace. Noting with regret the repeated lack of information provided by the Government in that regard, the Committee notes that in its 2017 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) also remained concerned at the lack of information on discriminatory practices based on maternity and marital status in the workplace and on the activities of labour inspectors in the Federal Ministry of Labour and Employment to address such complaints (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35(d)). The Committee urges the Government to identify the steps taken, including in collaboration with workers’ and employers’ organizations, to address without delay discriminatory practices based on maternity and marital status in the workplace, including information on the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

Sexual harassment. While welcoming the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee notes that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. It notes that the Organisation for Economic Co-operation and Development (OECD) recently highlighted that in Nigeria sexual harassment is widespread and the practice of demanding sexual favours in exchange for employment or university grades is common practice (OECD, 2019 Gender index). The Committee notes the 2018 Statistical Report on Women and Men in Nigeria of the National Bureau of Statistics (NBS) which records that the national rape incidence for women and girls is increasing (from 63 per cent in 2015 to 69.3 per cent in 2017). The Committee further notes that in their 2017 and 2019 concluding observations, the CEDAW and United Nations Human Rights Committee respectively were concerned about reports of widespread gender-based violence against women and girls; as well as the low level of reporting of gender-based violence, partly due to a culture of silence perpetuated by persistent societal stereotypes, the lack of prompt and effective investigations into such cases, the low levels of prosecution and conviction of perpetrators, and the insufficient level of assistance for victims (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 20, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 26). Noting that the national legislation does not contain any provision explicitly prohibiting sexual harassment at work, the Committee hopes that the Government will seize every opportunity, including that provided by the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill, to include in its national legislation specific provisions that: (i) clearly define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile environment harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints concerning sexual harassment lodged, penalties imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in workplaces, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Legislation. Disability. The Committee notes with interest the adoption on 23 January 2019 of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, and more particularly its sections 1(1) (prohibition of discrimination), 17(1) (right to education without discrimination or segregation) and 28(1) (right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open). It further notes that section 29 of the Act provides that “all employers of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 per cent of their employment”. Furthermore, the Act provides for the establishment of a National Commission for Persons with Disabilities which shall, inter alia, establish and promote inclusive schools, vocational and rehabilitation centres for the development of persons with disabilities, and receive complaints by persons with disabilities on the violation of their rights (section 37(j) and (n)). The Committee, however, notes that in its 2017 concluding observations, the CEDAW expressed particular concerns that women and girls with disabilities face physical and economic barriers in various fields, especially in gaining access to education and employment (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 43(a)). The Committee asks the Government to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; as well as on (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV and AIDS status. The Committee previously noted the adoption in 2014 of the HIV and AIDs (Anti-Discrimination) Act, which contains provisions prohibiting all forms of discrimination based on HIV status in the workplace. It further noted that a review of the National Workplace Policy on HIV/AIDS was being conducted to reflect the HIV and AIDS Recommendation, 2010 (No. 200), and that HIV/AIDS matters had also been included in the Occupational Safety and Health checklist. Noting with regret the absence of information provided by the Government on this issue, the Committee notes that the National Agency for the Control of AIDS (NACA) indicated in 2018 that it was time to accelerate the implementation of the HIV workplace policy and anti-discrimination law as a result of the unequal treatment of workers based on their HIV status in the workplace. The Committee again asks that the Government provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status, and to provide a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist. It also asks the Government to provide information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including identifying any complaints or cases of discrimination based on real or perceived HIV and AIDS status dealt with by the labour inspectors, the courts or any other competent authority, as well as the penalties imposed and remedies granted.

Article 2. General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work for women, as well as underground work in any mine. Referring to its comments on the application of the Underground Work (Women) Convention, 1935 (No. 45), the Committee draws the Government’s attention to the provisions on this subject contained in the Safety and Health in Mines Convention, 1995 (No. 176). The Committee recalls that when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraphs 839–840). The Committee notes that, in its 2017 concluding observations, the CEDAW also expressed concern about discriminatory provisions of the Labour Act which prohibited the employment of women in night work. The Committee asks the Government to consider amending, in consultation with employers’ and workers’ organizations and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

Repetition

Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which includes provisions on equality of opportunity and treatment, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equality of opportunity and treatment in employment and occupation, is incorporated in the Bill. The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill, nor on the adoption of the Gender and Equal Opportunities Bill of 2016, which would provide protection against discrimination based on sex, age and disability; promote gender equality; and provide for special temporary measures, including in employment and occupation. It notes that, in their concluding observations, the United Nations (UN) Human Rights Committee (HRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the delay in adopting the two above-mentioned bills and recommended that the Government expedite the adoption of pending laws and adopt comprehensive anti-discrimination legislation that: (i) includes a comprehensive list of prohibited grounds of discrimination, including race, colour, sex, religion, political opinion, and national or social origin; (ii) covers direct and indirect discrimination; and (iii) provides for effective remedies, including judicial remedies (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 17, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraphs 9, 10 and 35(b)). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill. It trusts that real progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in its national legislation are preserved in any new legislation. In the meantime, the Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, and asks the Government to provide information on any progress made in this regard.

Articles 1 and 3. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. More particularly, the Committee underlined that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. While noting the Government’s general indication that this issue will be conveyed to the Police Service Commission for review, the Committee recalls that women should have the right to pursue freely any job or profession and that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see General Survey of 2012 on fundamental Conventions, paragraph 788). It further notes that in its concluding observations, the CEDAW remained concerned about: (i) article 42(3) of the Constitution, which validates any law that may impose discriminatory restrictions with respect to an appointment to the police force; as well as (ii) the above-mentioned discriminatory provisions of the Police Act and Regulations (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 11). Recalling once again that each member State for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring its legislation into conformity with the Convention without delay, and to indicate any measures taken in this regard to effectively ensure equality of opportunity and treatment of women in the police force. It asks the Government, once again, to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 2 and 3. Equality of opportunity for men and women. The Committee previously noted that the National Gender Policy of 2006 was being reviewed and that, while no further information had been provided on training activities by the National Directorate for Employment (NDE) and the Technical Vocational Education Training (TVET) programme for rural women and women with disabilities, the Government referred to the “Community Services, Women and Youth Employment” (CSWYE) project. This project was being implemented to provide temporary employment opportunities in cleaning and light construction work through community services to unemployed women, youth, and persons with disabilities, while ensuring a level of guaranteed income for up to one year. The Committee notes with regret the lack of information provided by the Government on the measures taken to promote equal opportunities for men and women in employment and occupation. However, the Committee notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the Government acknowledges that, although there have been major achievements when it comes to progress with gender equality and the empowerment of women, there are still several challenges, such as for example: gender stereotypes, social norms and cultural barriers; lack of enough up-to date gender disaggregated data; addressing the intersectional nature of gender inequality; inadequate funding to implement programmes and policies; insecurity, gender violence and conflict; non domestication of major treaties and poor implementation of some of the sector specific laws and policies (such as the National Gender Policy). In addition, the Committee notes that, in its concluding observations, the CEDAW was concerned that: (i) the CSWYE and “Growing Girls and Women in Nigeria” projects lack a legislative basis that would ensure their enforcement; (ii) there are no mechanisms in place to track the progress of the CSWYE project; (iii) there is no information on plans to expand that project to rural areas, where the majority of women live; (iv) women own less than 7.2 per cent of the total land mass and their land rights in rural areas are not guaranteed; and (v) rural women continue to face physical, economic and other barriers in gaining access, inter alia, to education and employment (CEDAW/C/NGA/CO/7 8, 24 July 2017, paragraphs 19 and 41). The Committee notes that, in the framework of the Universal Periodic Review (UPR), several UN bodies and organizations expressed concern about school dropout by many women and girls, in particular in the North-East region owing to the Boko Haram insurgency (A/HRC/WG.6/31/NGA/2, 27 August 2018, paragraphs 60–62). In this regard, the Committee notes, from the 2018 Statistical Report on Women and Men in Nigeria, published by the National Bureau of Statistics (NBS), that the enrolment rate of school-aged girls in primary education decreased from 48.6 per cent in 2014 to 47.5 per cent in 2016, and the completion rates for girls in primary, junior and senior secondary schools in 2016 were 64.8 per cent, 38.9 per cent and 28.7 per cent respectively. It notes that the literacy rate among girls and women aged between 15 and 24 years remained low at 59.3 per cent in 2016, compared to 70.9 per cent for men. While observing that the report of the NBS does not contain information on the situation of women in the private sector, the Committee notes that women represented only 44.9 per cent of the state civil service’s employees in 2015 and were mostly concentrated in lower grades, their situation being similar in federal ministries, departments and agencies. Noting from the NBS statistical report that women are often disadvantaged in access to employment opportunities and in conditions of work as compared to men and that employment opportunities of many women are also limited as a result of their family responsibilities, the Committee notes with concern, from the 2017 Unemployment/Under Employment Report of the NBS, that the number of employed women decreased from 2017 to 2018 while their unemployment rate increased by 5.4 percentage points. The Committee notes that, in its concluding observations, the HRC expressed concern about discrimination against women in access to justice, education, employment and enjoyment of land and property rights persists both in law and in practice (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 16). It also notes that, in its concluding observations, the CEDAW was concerned about the persistence of harmful practices and discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, which perpetuate women’s subordination in the private and public spheres (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 21). The Committee notes that the Human Rights Council, in the context of the UPR, specifically recommended that the Government: (i) strengthen educational opportunities for girls; (ii) continue efforts to facilitate women’s economic empowerment and access to economic opportunities, particularly in rural areas; (iii) prevent violence and discrimination against women; and (iv) intensify efforts to enable women to gain access to justice by increasing gender awareness among judges and other court personnel (A/HRC/40/7, 26 December 2018, paragraph 148). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further urges the Government to provide information on the measures taken, including in the framework of the revision of the National Gender Policy of 2006, to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas, by effectively enhancing women’s economic empowerment and access to education and employment, including decision-making positions, as well as by improving the school attendance rate for women and girls while reducing their early dropout from school. The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. The Committee previously noted that article 42(1)(a) of the Constitution – which provides that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject – only protects citizens and does not contain an explicit prohibition of discrimination in employment and occupation. Having noted that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly requested the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. It notes with regret that the Government once again provides no information on this point, nor regarding discrimination in employment and occupation resulting from the practice of ascribing certain occupations and social status to a person on the basis of that person’s descent. The Committee notes with concern that, in its concluding observations, the HRC was concerned about: (i) allegations of discrimination against religious minorities, including discrimination against Christians in the northern states in terms of access to education and employment; as well as (ii) reports of discrimination against certain ethnic minorities in various aspects of their lives, including access to education and employment due to the differential access of indigenous persons and settlers, and segregation from society of some groups such as the Osu (CCPR/C/NGA/CO/2, 29 August 2019, paragraphs 44 and 50). In light of the absence of national legislation explicitly prohibiting direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, the Committee urges the Government to provide information on any measures taken, in law and in practice, to address discrimination in employment and occupation faced by ethnic and religious minorities, including nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures undertaken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on any legislative developments relevant to the rights of minorities.

General Observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Repetition

Article 1 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that the Labour Standard Bill has not yet been adopted. The Committee asks the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee requests the Government to provide:

• (i) detailed information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training, including in the context of the National Gender Policy of 2006;
• (ii) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (iii) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee also requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent. The Committee asks the Government to take steps to combat such practices, including through awareness raising. The Committee also requests the Government to take steps to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in earlier comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that the Labour Standard Bill has not yet been adopted. The Committee asks the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the objectives of the National Gender Policy of 2006 include achieving a minimum threshold of representation for women in order to promote equal opportunity in all areas of political, social and economic life for women and men, and undertaking gender-specific projects as a means of developing the capabilities of both women and men, to enable them to take advantage of economic and political opportunities towards the achievement of gender equality and women’s empowerment. The Committee requests the Government to provide:

• (i) detailed information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training, including in the context of the National Gender Policy of 2006;
• (ii) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (iii) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee also requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent. The Committee asks the Government to take steps to combat such practices, including through awareness raising. The Committee also requests the Government to take steps to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in earlier comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

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

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the Government’s indication that new labour legislation had been prepared which also includes provisions on equality of opportunity and treatment. The Committee trusts that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the report contains no information regarding the National Gender Policy which, the Committee hoped would set out clear objectives with regard to the promotion of gender equality in employment and occupation and envisage concrete measures to this end. The Committee requests the Government to provide:

• (a) a copy of the National Gender Policy, as well as full information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training;
• (b) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (c) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern over discriminatory practices in the private sector, particularly in the banking sector, with respect to maternity and marital status (CEDAW, C/NGA/CO/6, 18 July 2008, paragraph 29). The Committee requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of workers’ and employers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s decent. In this regard, the Committee noted the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee reiterates its request to the Government to elaborate on the measures taken to combat such practices, including through awareness raising. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee notes the Government’s indication from the Government’s report that at the end of 2004 women amounted to 29.5 per cent of persons in the Federal Civil Service. Within the Ministry of Justice, women only represented 18.7 per cent. The data provided appears to suggest that women are overrepresented in administrative and clerical work. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in its previous comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management position within these bodies.

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously considered that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The provisions in question provide the following:

• – Section 118 excludes women who are pregnant or married from being eligible for seeking for enlistment in the police force. It also provides for a minimum age for enlistment of 19 years, while men can apply as of 17 years (section 72(2)(b)). The minimum height requirement of 1.67 metres applies to men and women.
• – Section 119 provides that a specified form shall be used for the fingerprinting of women candidates and that the medical examination of women candidates shall take place at the Police College immediately prior to enlistment.
• – Section 120 provides that women candidates shall be interviewed in the presence of a woman police officer and that interviewing officers shall bring to the attention of the women candidates the provisions of these Police Regulations governing the duties of women police, and the miscellaneous conditions of service attaching to women police (as laid down in sections 123–128).
• – Section 121 lists the duties that women police officers are permitted to perform, such as investigation of sexual offences against women and children, attendance when women and children are being interviewed by male police officers, searching, escorting and guarding women prisoners; school crossing duties; and crowd control, where women and children are present.
• – Section 122 provides that women police officers may, in order to relieve male police officers from these duties, be employed in clerical duties, telephone duties and “office orderly duties”.
• – Section 123 provides that women police officers shall not be called upon to drill under arms or take part in any baton or riot exercise.
• – Section 124 requires women police officers wishing to marry to make a written request for permission to the police commissioner, providing the name, address and occupation of the person she intends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.
• – Section 125 provides that a married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.
• – Section 126 provides that a married woman police officer who is pregnant may be granted maternity leave, while section 127 provides that an unmarried women police officer who becomes pregnant shall be discharged from the force.
• – Section 128 regulates the wearing of make-up as well as jewellery and hairstyles.

In its report, the Government expresses the view that sections 118–128 are not discriminatory. The Committee recalls that the Convention defines as discriminatory any distinction, exclusion or preference made on the basis of sex or other prohibited grounds which have the effect of nullifying and impairing equality of opportunity in employment and occupation. The Committee considers that sections 118–128, taken together, reflect an outdated and gender-biased approach as regards the role of women in general, and as members of the police force, in particular. The criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination. As regards the limitation of the duties that women police officers are permitted to perform, the Committee recalls that Article 1(2) provides that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof is not deemed to be discrimination. Whether or not a distinction is based on inherent job requirements and is thus acceptable has to be determined on an objective basis, free from gender bias. The Committee considers that sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2). A common height requirement for men and women is also likely to constitute indirect discrimination against women.

Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end in its next report.

The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force. It encourages the Government to have regard to the guidance concerning equality issues set out in the Guidelines on social dialogue in public emergency services in a changing environment, adopted by the ILO Joint Meeting on Public Emergency Services: Social Dialogue in a Changing Environment in January 2003.

Noting that the Government’s report does not reply adequately to most of the Committee’s previous comments, the Committee urges the Government to ensure that full information on all the pending issues is provided in its next report.

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