Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

The recruitment and use of children in armed conflict

The Committee of Experts noted “… from the Report of the Secretary-General on Children and Armed Conflict that an action plan was signed between the Civilian Joint Task Force (CJTF) and the United Nations (UN) to end and prevent the recruitment and use of children and a standing order was issued by the CJTF in this regard. However, it noted that although there was a decline in the total number of verified cases of recruitment and use of children for armed conflict, the Report of the Secretary-General indicated that grave violations and abuses committed by Boko Haram against children remained gravely disturbing, in particular the use of children as carriers of person-borne improvised explosive devices as well as the large number of abductions”.

The Federal Government of Nigeria’s response in the report of the UN Secretary-General on Children and Armed Conflict in Nigeria indicated that the Government report covers the period from January 2020 to December 2021. The report focuses on the three conflict-affected states in North East Nigeria, namely, Adamawa, Borno and Yobe. It highlights grave violations against children committed by the terrorist groups – Boko Haram-affiliated and splinter groups, notably Jama’atu Ahlis Sunna Lidda’awati Wal-Jihad and Islamic State West Africa Province.

The Government had previously reiterated its position on this same concern that terrorism is a global issue of concern and is worrisome to the world population especially those living within and in the midst of the terrorist war zones. It has not been easy for Nigerians and others in similar or even worse situations. Parents losing a child to terrorist marauders is a horrendous experience and bane to society and the Government has deployed the military on recovery missions and to protect communities from further kidnapping sprees by terrorists.

The Government, through the Ministry of Defence, is carrying out regular sensitization workshops and ensuring the registration of members of vigilante groups who are also closely monitored by the Nigerian Security and Civil Defence Corps. Also, child victims who have been released and/or rescued from the enclaves of Boko Haram are adequately rehabilitated through Operation Safe Corridor carried out by the Federal Ministry of Humanitarian Affairs, Disaster Management, and Social Development and the Ministry of Defence. Moreover, the Child Rights Bill has been signed into law by some of the central states of the Federation with protracted armed conflicts, such as Borno State.

On monitoring mechanisms and penalties

Efforts at monitoring mechanisms and penalties are inter-ministerial. The Trafficking in Persons (Prohibition) Enforcement and Administration Act, No. 4, 2015, prohibits the forced or compulsory recruitment of children for use in armed conflict. It also addresses the penalties for violation of the Act and the punishment for perpetrators. The victims, inclusive of children, are adequately rehabilitated and integrated into society with the assistance of the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development. To this effect, a Bill to amend the Trafficking in Persons (Prohibition) Enforcement and Administration Act, No. 4, 2015, provides for stiffer penalties for cases of trafficking in persons and criminalizes trafficking in orphans. More efforts include the inauguration of state task forces against human trafficking in 23 states of Nigeria; the inauguration of the Anti-Trafficking in Persons and Violence Against Persons (A-TIVAP) Vanguard in 82 federal unity colleges, 2 Nigerian Air Force schools, and 1 command day secondary school; and the establishment of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) offices in 28 states of Nigeria. In addition, the Government reiterates its previous statements on monitoring and penalty mechanisms. The Government notes the Committee of Experts’ request in this respect and it will continue to provide information on identified cases of trafficking in children under 18 years, the prosecutions brought, the convictions obtained and the penalties imposed.

Preventing the engagement of children in the worst forms of child labour, access to free basic education and the special situation of girls

The Government restates its previous position on the various measures put in place to improve access to education, which include the national policy on inclusive education, the Safe School Initiative launched in the North West for students affected by the conflict, the Students Tutoring, Mentoring, and Counselling Programme and the school enrolment campaign. The Government notes the June 2022 press release by the United Nations Children’s Fund (UNICEF), as mentioned by the Committee of Experts, with the intention to make inquiries in consultation with the Katsina State Government on the press statement and the figures attributed to it. Nationally, there is no gender discrimination as regards access to education in Nigeria. Boys and girls are given equal opportunities to attend school and gain knowledge. The Government is taking deliberate measures to curb any irregularities in this regard to increase school enrolment and attendance rates at primary and secondary school levels and to lower drop-out rates.

The almajiri (children in Islamic schools who are also sent out to beg: according to the Office report) phenomenon is being curbed by the establishment of the almajiri special education project with the aim of integrating basic education into the Koranic schools to form a holistic curriculum for that segment of society and diminish the risk of the worst forms of child labour. The almajiri schools are present and making inroads towards the educational emancipation of the most affected and vulnerable children and youth.

Legally, national laws in the spirit of the Articles and provisions of the Convention are very robust and comprehensive to protect children from the worst forms of child labour. They include but are not limited to the 1999 Constitution of the Federal Republic of Nigeria as the ground norm, labour laws, the National Agency for the Prohibition of Trafficking in Persons Act, 2015, as amended, and the Immigration Act. These laws cover the minimum age for work, the minimum age for hazardous work, the prohibition of forced labour, the prohibition of child trafficking, the prohibition of the commercial sexual exploitation of children, the prohibition of the involvement of children in illicit activities and the minimum age for voluntary military recruitment.

Child labour agencies and committees in Nigeria include the Federal Ministry of Labour and Employment, the Federal Ministry of Women Affairs and Social Development, NAPTIP, the Nigeria Police Force, the Nigeria Immigration Service, the Federal Ministry of Education, the Federal Ministry of Health, the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development, the Federal Ministry of Justice, the Ministry of Mines and Steel Development, the Federal Ministry of Agriculture and Rural Development, the National Human Rights Commission, the National Population Commission, employers’ and workers’ organizations, faith–based organizations and civil society organizations/non-governmental organizations (NGOs).

Finally, the Government notes all the observations and requests by the Committee of Experts on the issues of concern. It also acknowledges that the issue of the elimination of child labour, especially the worst forms of child labour, is a prerequisite for sustainable development and economic growth. Consequently, it considers that the efforts and zeal by the Government to date will ultimately ensure the eradication of forced labour, modern slavery and human trafficking, and the elimination of the worst forms of child labour, including the recruitment and use of child soldiers by the year 2025 as a matter of priority. The Federal Government of Nigeria reaffirms its commitment to the ideals of the Convention as ratified.

Discussion by the Committee

Chairperson – Dear colleagues we will now start the second case on our agenda, which is the individual case of Nigeria on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). Before I invite the Government representative of Nigeria to speak, I would like to inform the Committee once again that we have 19 speakers on the list and as I announced in the morning the automatic reduction of time applies.

Government representative – We thank you for this opportunity to provide full information to the Conference on the application of the provisions of Convention No. 182. It is acknowledged that this Convention can be considered as the most important among all the core Conventions as it deals with children, who are the future of a society. It can also be considered as a reflection of the soul of a nation as the state of its humanity is portrayed by how much the children are protected and given a good beginning for a hopeful future. In the course of our appearance before this Committee we have taken to heart the guidance given on the Conventions pertaining to the effective abolition of child labour.

Currently, the Federal Executive Council has approved the Labour Standards Bill which provides for the protection of children at work and from admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the physical and mental development of young persons, in line with the provisions of the Minimum Age Convention, 1973 (No. 138). We are therefore open to guidance on the application of the Conventions duly ratified by Nigeria.

This Bill, with other bills covering labour administration, have been forwarded to the Federal Ministry of Justice for legal drafting, in preparation for legislation by the National Assembly. Among others, the Bill provides for the minimum age of employment to be 15 years, the list of hazardous child labour previously submitted to this Committee during the Conference in June 2016 and sanctions for contraventions.

The Federal Executive Council also approved the national policy on child labour, the national action plan for the elimination of child labour in Nigeria and a comprehensive list of hazardous child labour. We would wish to further inform this Committee that Nigeria became an Alliance 8.7 Pathfinder Country with commitments to achieve the Sustainable Development Goal (SDG) target 8.7 by taking immediate and effective measures to eradicate forced labour and end modern slavery and human trafficking and, as pertains to children, to eliminate the worst forms of child labour including the recruitment and use of child soldiers as well as to end all forms of child labour by the year 2025. To ensure compliance, the Ministry has made provisions in the Labour Standards Bill to extend labour inspections to the informal economy.

A specific checklist and labour inspection tools for child labour inspections at workplaces have been put in place to ensure the elimination of child labour in the nation. Also, a child labour website and reporting application have been developed and a process has been finalized for responding to child labour cases and to facilitate compliance at workplaces.

Within the framework of the national action plan for 2021–25, the Government is strengthening mechanisms at the three tiers of Government. We have the federal state and local government working for the elimination of child labour in global supply chains in collaboration with the Regional Office of the ILO. These efforts include the national steering committee at the federal level, the state steering committee at the subnational level and the community child labour monitoring committee on the elimination of child labour at the local government level through capacity-building on the implementation of the national action plan and the State’s action plan.

The Federal Ministry of Labour and Employment has developed and validated a national social behaviour communication change strategy (NSBCC) for the elimination of child labour in Nigeria for 2021–23. The Ministry also ensures that the elimination of child labour strategy is mainstreamed into the five-year strategic plan of the National Orientation Agency in Nigeria.

Furthermore, the Government, through the Ministry and in collaboration with the national bureau of statistics and the ILO, as well as the ILO ACCEL Africa Project, conducted a national child labour and forced labour survey for the elimination of child labour and its worst forms in the nation. The results of the survey have been analysed and validated and the subsequent full report has been concluded and is being finalized for launch during the commemoration of the World Day Against Child Labour in 2023.

In all, Nigeria is fully committed in its quest to ensure the elimination of child labour, including its worst forms in workplaces within its boundaries. A child’s life is like a piece of paper on which every person leaves a mark. There is therefore a popular and widely known African proverb that states, “it takes a village to raise a child and the child who is not embraced by the village will one day burn it down to feels its warmth.”

We love our children and would not send them to war or affiliate them to terrorist groups to carry arms. We therefore reiterate our defence in 2016 on the same subject by stating that terrorism is a global issue of concern and is worrisome to the world population especially those living within and in the midst of the terrorists’ war zones.

It has not been easy for Nigerians and others in similar or even worse situations. Parents losing a child to terrorist marauders is a horrendous experience and a bane to society and the Government has deployed the military or recovery missions to protect communities from further kidnapping sprees by terrorists. The report of the United Nations Secretary-General on Children and Armed Conflict in Nigeria covers the period from January 2020 to December 2021. The report focuses on the three conflict-affected States in North East Nigeria namely: Adamawa, Borno and Yobe. It highlights grave violations against children committed by the terrorist groups, including groups affiliated to Boko Haram and splinter groups, notably Jama’atu Ahlis Sunna Lidda’awati Wal-Jihad and the Islamic State West Africa Province. In the report, the Secretary-General notes the decrease in verified grave violations against children compared with previous years and that the highly volatile and rapidly evolving security situation in North East Nigeria continues to have a negative impact on the protection of conflict-affected children.

In the report, the Secretary-General highlights the efforts made by the Government and by the CJTF to strengthen the framework to respond to and prevent grave violations against children. In this regard, Nigeria notes and appreciates the recommendations in the report for ending and preventing grave violations and improving the protection of children. We further reiterate that the Government, through the Ministry of Defence, is carrying out regular sensitization workshops and ensuring the registration of members of vigilante groups, who are also closely monitored by the Nigerian Security and Civil Defence Corps.

Child victims who have been released and/or rescued from the enclaves of Boko Haram are adequately rehabilitated through Operation Safe Corridor by the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development and the Ministry of Defence. Also, the Child Rights Bill has been signed into law by some of the epicentral states of the federation experiencing a protracted conflict such as Borno State. The Government notes the observations made by the Committee of Experts requesting it to continue to take measures using all available means to ensure the full and immediate demobilization of all children to put to a stop the use of children under 18 years in armed conflicts, to put in place effective and dissuasive penalties for perpetrators and to take effective and time-bound measures to provide for the rehabilitation and social integration of rescued and released children.

Efforts at monitoring mechanisms are inter-ministerial. The Trafficking in Persons (Prohibition) Enforcement and Administration Act, No. 4 of 2015, prohibits the forced compulsory recruitment of children for use in armed conflict. It also addresses the penalties for violations as punishment for perpetrators. The victims, inclusive of children, are adequately rehabilitated and integrated into society through the assistance of the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development. To this effect, a bill for an act to amend the Trafficking in Persons (Prohibition) Enforcement and Administration Act, No. 4 of 2015, provides for stiffer penalties for cases of trafficking in persons and criminalizes trafficking involving orphanages.

More efforts include the establishment of state forces against human trafficking in the 23 states of Nigeria, the establishment of anti-trafficking in persons and violence against persons in federal schools and air force schools and the establishment of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), with offices in 20 states of the federation. In addition, we reiterate our previous statements on monitoring and penalty mechanisms. We note the Committee of Experts’ request in this respect and the Government will continue to provide information on identified cases of trafficking in children under 18 years, the prosecutions brought, the convictions obtained and the penalties imposed.

On preventing the engagement of children in the worst forms of child labour and access to free basic education, the Government reiterates its previous position that things have been put in place to improve access to education, which include the national policy on inclusive education, a self-school initiative launched in the North West and a robust school campaign. We note the June 2022 press release by UNICEF, mentioned by the Committee of Experts, and have the intention to make inquiries in consultation with the Katsina State Government on the press statement and the figures attributed to it. Nationally there is no gender discrimination in terms of access to education. Both boys and girls are given equal opportunities to attend school and gain knowledge. We will take further necessary measures to curb any irregularities in this regard and to increase school enrolment rates and decrease drop-out rates. The almajiri phenomenon is being curbed by the establishment of the almajiri special education project with the aim of integrating basic education into the Koranic schools to form a holistic curriculum for that segment of society and diminish the risk of the worst forms of child labour. Legally, national laws in the spirit of the Articles and provisions of the Convention are very robust to protect children from the worst forms of child labour. We have the 1999 Constitution of the Federal Republic of Nigeria as the ground norm. We have labour laws, the Act on NAPTIP and the Immigration Act. These laws cover the minimum age for work, the minimum age for hazardous work, the prohibition of forced labour, the prohibition of child trafficking, the prohibition of commercial sex exploitation of children, the prohibition of the involvement of children in illicit activities and the minimum age for voluntary military recruitment. There are a lot of child labour agencies who are doing this work and a steering committee. A national reporting template for the national action plan is being developed and we have collaboration with various agencies including the United States Department of Labor and we commemorate the World Day Against Child Labour yearly. Nigeria is an Alliance 8.7 Pathfinder Country and this has demonstrated the determination of the Government towards the goal of SDG target 8.7 in Nigeria.

We note all the observations and requests by the Committee and we acknowledge that the issue of the elimination of child labour, especially its worst forms, is a prerequisite for sustainable development and economic growth. Considering the efforts and zeal by the Government to date, we hope that the Committee will note and consider that the Government is committed to continue in its quest to eliminate all forms of child labour by doing its utmost to deploy military and paramilitary personnel to curb the terrorist insurgency and minimize casualties. Programmes and policies will continue to be utilized to curb the menace of child labour and a reorientation to inculcate the benefits of education in the minds of people in the identified areas will continue.

Worker members – We are discussing the application by Nigeria of Convention No. 182, which was ratified by Nigeria in 2002. The report of the Committee of Experts raises a number of pertinent issues affecting the protection of children with respect to the Government’s obligations under the Convention. First, the Committee of Experts raised the issue of the recruitment and use of children in armed conflict. The Committee of Experts makes reference to the report of the UN Secretary-General on Children and Armed Conflict in Nigeria and the Action Plan that was signed between the CJTF and the UN to end and prevent the recruitment and use of children in armed conflict. The Secretary-General’s report indicates the grave and deeply disturbing violence and abuse against children in the conflict areas and perpetrated in particular by Boko Haram. The report raises very grave violations, including child abductions and the use of children as carriers of person-borne improvised explosive devices. The situation of conflict and insecurity instigated by Boko Haram, and other terrorist and vigilante groups, is responsible for exposing children to the menace. The Government has an obligation to prioritize the elimination of the worst forms of child labour.

Regarding the recruitment of children for use in armed conflict in particular, the Government is under an obligation to take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In order to fulfil their obligation, the Government has indicated the measures it is taking in this direction. According to the Committee of Experts’ report, the Government, through the Ministry of Defence, is carrying out regular sensitization workshops and ensuring the registration of members of vigilante groups, who are closely monitored by the Nigerian Security and Civil Defence Corps. Also, child victims who have been released from the enclaves of Boko Haram are adequately rehabilitated through Operation Safe Corridor, carried out by the Federal Ministry of Humanitarian, Disaster Management and Social Development and the Ministry of Defence. The Governor of the State of Borno, the ground zero of the protracted armed conflict which has been going on for more than 12 years, has signed the Child Rights Bill into law. The Bill provides for the protection of children against recruitment and use for armed conflict and other forms of violence and exploitation. One cannot doubt that the Government is taking action to address this major challenge, brought on by the conflict. The Government must do more by treating this phenomenon as a matter of priority. We ask the Government of Nigeria to do its utmost in addressing its obligations under the Convention. As reported by the Committee of Experts, the report of the Secretary-General indicates that the UN has verified 444 grave violations against 356 children in North East Nigeria. A total of 63 children, of whom 9 are boys and 54 are girls, some as young as 6 years of age were recruited and used by groups affiliated to Boko Haram and splinter groups, including Islamic State West Africa Province, in Borno State. It is harrowing, the thought of these children being abducted and used in the conflict. These children also suffer murder and sexual violence. The Worker members join the Committee of Experts to strongly urge the Government to continue to take measures using all available means to ensure the full and immediate demobilization of all children and to put a stop in practice to the forced recruitment and use of children by armed groups. The Government must take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are undertaken and are sufficiently effective and that dissuasive penalties are imposed in practice. The rehabilitation and social integration of affected children must be of the highest priority. The Government must take effective and time-bound measures in this regard. The Government must spare no effort in seeking international cooperation and assistance, including the technical assistance of the ILO, to implement its obligations under this Convention. We also urge the Government to be guided by the ILO Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205).

Regarding effective monitoring and enforcement mechanisms in line with Articles 5 and 7 of the Convention, we take note of the Government’s information that NAPTIP is undertaking systematic efforts to fight trafficking in persons, including through conducting awareness-raising and capacity-building programmes for the judiciary and law enforcement bodies on investigation, and appropriate punishment for the offences under the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015. The Worker members welcome the information that the investigations into child trafficking cases have led to the rescue of 2,966 child victims of trafficking. However, we must highlight concerns that Nigeria remains a source, transit and destination country, for victims of trafficking, with the internal trafficking of girls for the purpose of domestic servitude and sexual exploitation and boys for the purpose of child begging, remaining rampant. We are alarmed by the information that 18 per cent of trafficking victims in Nigeria are girls under the age of 18 years, and that thousands of children from poor homes, most aged between 15 and 17 years are involved in domestic labour. The Government must redouble its efforts to combat child trafficking. In line with the Committee of Expert’s observations, the Worker members urge the Government to continue to provide statistical information on identified cases of trafficking in children under 18 years, including the prosecutions brought, the convictions obtained and the penalties imposed. Children caught up in this situation are unable to access their right to education and to a safe and peaceful environment, to grow and develop and to realize their aspirations and full potential and, in many cases, cannot access opportunities for social progression. The Government must do all in its power to prevent the engagement of children in the worst forms of child labour by expanding access to free basic education and paying particular attention to the education of girl children in that regard.

We note the initiatives to improve the enrolment of children in schools as a preventative measure. However, we must emphasize as indicated in the report of the Committee of Experts, that there are still major challenges with net attendance, which is still low at about 70 per cent. Nigeria still has 10.5 million out-of-school children, with 60 per cent of them in northern Nigeria, where, as already noted, children’s rights and access to free basic education are seriously being hampered as the conflict has deprived many children of access to education. It is therefore no wonder that the number of children in the street begging has increased, including children in Islamic schools who are also sent out to beg. This vicious cycle of poverty leads to a higher risk of being engaged in the worst forms of child labour, including being recruited into conflict situations, and it is therefore much more likely that one’s life chances will be affected. The Government must take effective and time-bound measures to prevent the phenomenon of “streetism” among children and to provide for their rehabilitation and reintegration.

Employer members – The Employer members stress the importance of States’ compliance with Convention No. 182, the first universally ratified Convention of the ILO, which is one of the ten ILO fundamental Conventions, and described by the Government representative as the most fundamental of the core Conventions. Nigeria ratified this Convention in 2002 and we note that, to date, the Committee of Experts has provided three observations on this case in 2015, 2018 and most recently in 2022. Today is the first time that this Committee is examining the application of the Convention by the Government. We take note that the Committee of Experts has identified this as a double-footnoted case for this year. A bit of context about the case. Since 2011, the security landscape in Nigeria has been shaped by the conflict between the State and Boko Haram as well as other armed groups. The conflict has been accompanied by certain cases of banditry and kidnappings in the North East and parts of the South West of the country. For instance, it is reported that in March 2021 around 618 schools were closed in 6 northern states over fears of attacks and abductions of pupils and staff. We also note that, politically, Nigeria has just recently held its general elections in March 2023 and elected a new president and new government at all levels. The Employer members note that technical assistance has also been provided by the ILO to the Government on both labour law reforms and reporting obligations. Following a request by Nigeria in March 2018, the ILO Abuja Office provided a technical note on five bills relating to labour issues, followed in December 2021 by a workshop held to validate the Labour Standards Bill. The ILO has also supported and is still supporting the Government to meet its reporting obligations for the years 2022 and 2023.

The issues that have formed the basis of the observations. The Committee of Experts outlined serious elements of inadequacy on the implementation of the Convention by Nigeria. These shortcomings, which had been identified in the previous observations of the Committee, may be categorized into four main issues. These are: compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, in line with Articles 3(a) and 7(2)(b) of the Convention; monitoring mechanisms and penalties in line with Articles 5 and 7(1) of the Convention; preventing the engagement of children in the worst forms of child labour, access to free basic education and the special situation of girls, in line with Article 7(2)(a) and (e) of the Convention; and identifying and reaching out to children at special risk, in line with Article 7(2)(d) of the Convention.

Now the issues in turn. First issue. Reflecting universal consensus and a strong tripartite commitment, the Convention reminds us of the absolute importance of standing against the scourge of the worst forms of child labour. For the Employer members, it is therefore crucial that all Member States fully comply with their obligations outlined in the Convention. The Employer members wish to recall that according to the Government’s report, Nigeria has put in place measures to carry out regular sensitization workshops and ensure the registration of members of vigilante groups. The Government also mentioned that adequate rehabilitation is being provided to child victims who have been released or rescued. Despite progress at the legislative and policy level, a 2022 UN Report on Children in Armed Conflict still records high numbers of children recruited by armed groups. We further take note of the Committee of Experts’ observations deploring the persistence of this practice, which also entails other violations of the rights of children, such as abductions, murders and sexual violence. Like the Committee of Experts, the Employer members acknowledge the complexity of the situation on the ground with armed groups still present in the country. However, we equally share the Committee of Experts’ concerns and echo their recommendations to the Government to ensure: the full and immediate demobilization of all children and put a stop in practice to their forced recruitment into armed groups; the thorough investigation, prosecution and penalization of all perpetrators of forced recruitment of children for use in armed conflict; and the rehabilitation and social integration of child victims of forced recruitment.

Second issue. Regarding monitoring mechanisms and penalties, the Employer members note that the Government has implemented measures to fight trafficking in persons through its national agency, including by providing capacity-building on investigating cases of trafficking. However, we also note that according to a 2018 statement of the UN Special Rapporteur on trafficking in persons, especially women and children, Nigeria remains a source, transit and destination country for victims of trafficking, and the internal trafficking of girls for purposes of domestic servitude and domestic exploitation and of boys for purposes of child begging is still rife. We further note that UNICEF and the International Organization for Migration (IOM) report that 18 per cent of trafficking victims in Nigeria are girls under the age of 18 years. Thousands of children from poor homes are involved in domestic labour. Also, on this issue, the Employer members align with the Committee of Experts’ position in asking the Government to strengthen its efforts to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted and that sufficiently effective and dissuasive sanctions are imposed.

Third issue. Regarding the prevention of the engagement of children in the worst forms of child labour and their access to free basic education, the Employer members note a 2018 UNICEF report which highlighted that Nigeria has the highest number of out-of-school children, amounting to 10.5 million, of whom 60 per cent are girls. The Government did not provide any information to the Committee of Experts regarding their observations on this issue. Nevertheless, we take note of the launch in June 2022 by the Niger State Government in partnership with UNICEF of a cash transfer programme to provide learning opportunities for over 20,000 out-of-school children in that State. Taking note of the Committee of Experts’ deep concern at the significant number of children who are deprived of basic education, we support its request to the Government to intensify its efforts to improve the functioning of the education system and to facilitate access for all children to free basic education, in particular for girls and children affected by the war in the areas of North East Nigeria.

The fourth issue. As to identifying and reaching out to children at special risk, we take note of the Committee of Experts’ concerns regarding the fact that 62 per cent of the 10.1 million out-of-school children in Nigeria are boys, of whom the majority, especially in the north, are almajiri children, who are denied the right to education. Noting also on this issue that the Government has not provided information, we align with the Committee of Experts in asking the Government to take effective and time-bound measures to protect all street children, including almajiri children from the worst forms of child labour and to provide for their rehabilitation and reintegration. We further ask the Government to provide information on the measures taken and the number of children covered.

Finally, in acknowledging the persistence of serious violations of the Convention and gaps in reporting, the Employer members call on the Government to continue to prioritize the rights of children, including in the commitments made and reaffirmed at the Global Conference on the Elimination of Child Labour held in Durban in 2022. We also call on the Government to continue to avail itself of ILO technical assistance.

Worker member, Nigeria – I speak for Nigeria’s organized labour community, and we fully align with the submissions of the Committee of Experts concerning this case. As you have read, the Committee of Experts noted the pragmatic interventions that the Government has initiated to address the challenges undermining the development of the Nigerian child. Unfortunately, the Committee of Experts has observed that these measures fall far short for sundry reasons, some of which we shall touch on in ways that can provide more pieces of information to this Committee that can help it reach a conclusion that would assist our country to continue to improve in terms of areas of focus, direction, processes, content and likely outcomes.

Insecurity remains a severe challenge militating against the preservation of the environment for the development of children in schools and playgrounds. In North East Nigeria, the activities of criminal and violent groups have persisted. As the Committee of Experts has rightly noted, these groups have continued to utilize and exploit children as fighters, cannon fodder and kidnap victims to extract ransoms to finance their violent operations. Nigeria would need support to degrade, displace and defeat these elements. Further, it would be desirable for the Nigerian State to be able to effectively extract children involved in violent activities and victims of security-challenged environments. The Government must also be able to effectively rehabilitate and reintegrate these children into a stable, safe and healthy environment. Given the traumatic and harrowing experiences these children are subjected and exposed to, it is pertinent that psychological and mental health counselling and assistance should be provided in the doses and at the frequency necessary to heal and help them reintegrate into their communities.

As organized labour and parents, we genuinely worry about where children continue to be enslaved, utilized in forced and bonded labour and trafficked within, through and outside of our country. We are distraught with the legal and administrative systems that allow perpetrators, handlers and sponsors to get away with very light sanctions. This Committee must encourage, support and work with the Government, with the collaboration of social partners, to review and revamp existing legislation. As a show of our commitment to being part of the solution to this endemic crisis, the Nigeria Labour Congress pledges to be a member of the Alliance 8.7 to be more active in the fight against all forms of child labour in Nigeria.

The state of labour inspection in Nigeria has remained lax and almost non-existent, which is also partly responsible for the growing incidence of child labour and the exploitation of children. In the past, this Committee has made the point about the need to improve the labour inspection regime in Nigeria, through a well-defined plan to improve systems, personnel, materials and schedules in a scalable manner. We ask that this request be reiterated with urgency and the addition of the provision of a road map for implementation.

In all sincerity, poverty and socio-economic dispossession are at the heart of the dominant and spiking state of the incidence of child labour in Nigeria. These issues are worsening in such a way that the worst forms of child labour are increasingly becoming normalized. The 2020 Multidimensional Poverty Index survey revealed that 133 million people live in different poverty stages, representing a staggering 63 per cent of Nigeria’s population.

It is also disturbing that out of Nigeria’s 216 million population, 20 million children are disadvantaged due to a lack of access to education. The United Nations Educational, Scientific and Cultural Organization (UNESCO) has confirmed that the country now has 20 million out-of-school children. We are worried that governments at all levels have made lightweight commitments to investment in education. World Bank figures show that Nigeria’s public investment in education fell from 7.5 per cent in 2019 to 5.1 per cent in 2022. Several state governments are sacking teachers, most are withholding and delaying the payment of salaries and a wage freeze has been imposed for several years. As organized labour, we have continued to advocate for the defeat of illicit financial flow activities of tax avoidance, evasion and dodging as part of the interventions to improve internal and alternative resource mobilization possibilities, which will increase the Government’s chances of financing public services such as education and public health provision.

Poverty is forcing many children to be absent, skip classes and drop out after successful enrolment. The situation is worse for the girl child, who is often recruited by the family as an additional hand in the family business rather than being sent to school. This kind of choice entrenches and sustains the feminization of poverty and generational poverty.

In the past eight years and counting, we have continued to witness the worsening of families’ economic situation on account of successive Governments’ voodoo fiscal and macroeconomic policies. Household poverty mirrors child labour in Nigeria. We urge this Committee to assist the Government in formulating and implementing socio-economic policies that will effectively target and address child poverty and child labour. The development and deployment of an expanded and enriched social protection provision programme can help.

Government member, Sweden – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, Montenegro, Serbia, the European Free Trade Association countries Iceland and Norway, Members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the fight against child labour, with a priority to its worst forms. We will continue to stand up for the rights of every child to reach their full potential within the framework of the UN Convention on the Rights of the Child and its Optional Protocols, in line with the European Council conclusions on the EU Strategy on the Rights of the Child.

We underline that the universal ratification of the Convention must be accompanied by effective implementation in law and practice. As stated in the Durban Call to Action, the worst forms of child labour should be eliminated as a matter of urgency; a commitment that is also included in the 2030 Agenda for Sustainable Development.

The EU and its Member States are long-term partners of Nigeria. This partnership is further reinforced by the Multiannual Indicative Programme for Nigeria 2021–27, which highlights the EU’s zero-tolerance approach to child labour and includes measures and objectives supporting youth employment, human development, education with a special focus on young women and girls and job creation, addressing trafficking in human beings.

While noting certain measures taken by the Government, we express our deep concern about the continued recruitment and use of children by armed groups, which is a grave violation of children’s rights and international humanitarian law and perpetuates other serious crimes such as abductions, murders and sexual and gender-based violence. We urge the Government to ensure the full and immediate demobilization of all children and to put an immediate end to the practice of forced and other recruitment of children by armed groups in the country. The Government must ensure that adequate and timely support is provided to those children, who, as victims, should have access to rehabilitation, psychological and social integration support, noting also the growing issues of stigmatization and exclusion. We call for investigations and prosecutions for recruiting children in armed conflict and for full accountability to be ensured. Effective and dissuasive penalties should also be imposed on perpetrators. We urge the Government to take all the necessary measures to prevent the re-involvement of children in this vicious practice, including through targeted labour policies aimed at tackling poverty and creating decent work opportunities for their families and communities. We welcome the constructive engagement of local stakeholders, which has resulted in the development of a UN offer to support the Government in the implementation of the Borno Model in the North East of Nigeria. This offer prioritizes the development of guidelines for transitional justice and community-based reconciliation processes, including the safeguarding and protection of children and women, in coordination with the Federal Government.

Particularly worrying is the continuing practice of human trafficking and the large number of children who are victims of both cross-border and internal trafficking for labour and sexual exploitation, particularly affecting girls under the age of 18. In line with the Committee’s request, we urge the Government to intensify its efforts to combat child trafficking and to ensure that the perpetrators are investigated and prosecuted, and that effective and dissuasive penalties are imposed.

Given the gravity and magnitude of the situation, we also stress the importance of development cooperation and engaging all relevant stakeholders. We encourage the Government to avail itself of further technical cooperation, including by expanding existing ILO technical assistance in the country. We look forward to continuing joint efforts with the Government and the ILO and its constituents.

Government member, Canada – Canada would like to thank the Government of Nigeria for the updated information provided to the Committee of Experts and to this Committee on its efforts to combat the worst forms of child labour. Canada is deeply concerned by reports of the worst forms of child labour including the use of children in armed conflict by non-state armed groups such as Boko Haram and reports of abduction, murder and sexual violence.

Canada is further concerned by the Committee of Expert’s report regarding the cross-border and internal trafficking of girls for the purpose of domestic servitude and sexual exploitation, and of boys for the purpose of child begging. All children have the right to reach their full potential through safe and equitable access to education. This is a critical element in eradicating child labour.

Canada firmly believes that an armed conflict is no place for children and condemns all grave violations of children’s rights in the strongest terms. This is why Canada established the Group of Friends of Children in Armed Conflict in Nigeria in November 2022, which we continue to co-chair alongside Norway. Canada recognizes that the Government has taken steps to protect the rights of children. Canada welcomes the demonstrated commitment by the Government in this respect. The implementation of these legislative milestones will be key to protecting children from the worst forms of child labour and rehabilitating affected youths.

Canada fully supports the recommendations of the Committee of Experts and recommends that Nigeria ensure that all states adopt the 2003 Child Rights Act and protect children, including from harmful traditional practices; intensify measures to investigate, arrest and prosecute cases related to the worst forms of child labour, including trafficking in children; and impose dissuasive and sufficiently effective sanctions ensure free basic education to all children at the elementary and secondary levels; take all necessary measures to protect, rehabilitate and reintegrate all children at special risk, particularly children removed from the worst forms of child labour and armed conflict as well as free children; and finally continue providing information to the Committee of Experts, including statistics on the number of investigations, prosecutions and convictions related to child trafficking, as well as the number of children removed and rehabilitated from situations of forced labour.

We encourage Nigeria to continue to take action to protect the rights of children and look forward to the Government’s next report to the Committee of Experts.

Worker member, France – Being a child in Nigeria, and particularly a girl child, is a huge risk factor, bringing with it the risk of remaining illiterate, falling victim to violence and, above all, being a victim of trafficking in persons. The term “girl child” is used by a number of NGOs and sociological research institutes to refer to a female child aged between 6 and 18 years. In regions affected by the conflict in North East Nigeria, girl children are more than twice as likely not to attend school as girls living in other regions.

In January 2020, the Nigerian President stated that there were 13 million out-of-school children in Nigeria. Young girls represent 60 per cent of that figure. The gender ideologies that pervade households and communities continue to favour boys over girls, creating disparities in their opportunities and educational outcomes. This cultural understanding hinders the education of many young girls and increases their risk of being victims of violence, trafficking in persons and sexual exploitation.

The Committee has corroborated this analysis, noting that around 60 per cent of out-of-school children are girls and that many of them enrol in school and later drop out. Poverty is the principal factor affecting the education of young girls. Violence is another. Indeed, although some parents overcome the preference for male children and agree to send their daughters to school, locating a school, the distance to be travelled and the environment can remain significant barriers, along with persistent sexual harassment in educational settings by teachers and male students.

Similarly, many reports have highlighted that large class sizes, the lack of toilets accessible to young girls and the behaviour of boys and male teachers make school attendance difficult, and sometimes impossible, for these young girls. It is therefore a question of political will, first and foremost. Added to these barriers is social exclusion linked to cultural and religious practices, such as early marriage, which deprive young girls of an education.

Nigeria remains a country of transit and destination for trafficking and internal trafficking in girls for the purpose of sexual and domestic exploitation. For several years, the ILO has expressed alarm at the gendered outcomes of trafficking in persons. Girls aged under 18 years are particularly affected by the phenomenon.

While noting certain measures taken by the Government, the Committee must express its deep concern at the significant number of children, and particularly girls, who are deprived of basic education, because educating girls is, undeniably, an important part of a country’s development, as indicated by the adage, “if you educate a girl, you educate a family and the whole nation”.

Government member, Switzerland – Switzerland is deeply concerned at the persistent conflicts in northern Nigeria and their devastating consequences for the entire population. Switzerland calls on all parties to those conflicts to respect international law and to make every effort to find a peaceful resolution.

The situation of children is particularly alarming. Many armed groups recruit children by force, sometimes by abduction, in order to use them in armed conflict, including as carriers of explosive devices. That practice contravenes the Protocols Additional to the Geneva Conventions and the Convention. Switzerland therefore calls on the parties to the conflicts to demobilize children engaged in armed forces and to bring an end to their recruitment for military purposes. Switzerland also requests the Government to adopt the necessary measures to facilitate the social reintegration of former child soldiers. Furthermore, the Government must launch criminal proceedings against individuals who have recruited children for military purposes.

Armed conflict also has a direct effect on access to education. According to the ILO’s estimates, around 10 million children are out of school in Nigeria. These children are more likely to live in precarious conditions and to be victims of numerous forms of abuse and exploitation, including forced labour. Trafficking in children for the purpose of domestic servitude, sexual exploitation and child begging is of particular concern in Nigeria.

Switzerland therefore calls on the Government to strengthen its education system and security in schools, particularly in conflict zones; to adopt the measures necessary to prevent, combat and punish trafficking in children; and lastly, to improve protection for, and promote the social inclusion of, out-of-school children.

Worker member, Togo – The report of the Committee of Experts and its decision to highlight the case of Nigeria with a double footnote concerning this important and fundamental Convention show that, despite the efforts made by the Government, the child labour situation in Nigeria has not improved. The report shows that the situation has worsened, as evidenced by the irrefutable facts and figures provided by various reputable international organizations such as UNESCO, the United Nations Development Programme (UNDP) and the ILO. Today, more than 20 million children are not in education and are subject to various forms of child labour, with risks to their mental, physical, moral, social and psychological development.

This statement aims to draw the Committee’s and the Government’s attention to the urgent need to combat child labour, especially the terrible trade in child labour and child trafficking originating in the West African subregion. These worst forms of child labour in Nigeria foster forced labour and child trafficking in the subregion. According to the Women’s Consortium of Nigeria (WOCON), a Nigerian NGO, it is estimated that around 12 million Nigerian children are forced to work, and roughly 80 per cent of these Nigerian children in forced labour may be victims of trafficking.

Gangs and syndicates engage in grotesque human trafficking operations in West Africa, with Nigeria being a very active hub and trading centre. Women and children are trafficked and traded as commodities. We know that human trafficking is a global industry generating US$150 billion in profits. The borders and maritime routes in the West African subregion have been used to transport children, mainly girls and women, within countries and to Europe, where they are used as sex slaves, and others end up as domestic workers or on farms. Therefore, to effectively stop those who commit such lucrative criminal activities, formidable countermeasures must be developed to crush them. This means that investigations, prosecutions and penalties must be robust and imaginative. As parents, we must act collectively and quickly.

We therefore urge the Committee and this Organization to help the Government join forces with similar organizations to step up preventive and remedial actions against child trafficking. The Government must be helped to improve its capacities to monitor, arrest, prosecute and punish perpetrators, while successfully rehabilitating and reintegrating victims of trafficking into society.

Worker member, Senegal – I am taking the floor on behalf of the trade union organizations of West Africa to commend the work of the Committee of Experts on the case of Nigeria concerning the Convention. We have noted with interest the information provided by the Government, while deploring the absence of reliable statistics on the matter at hand. The Government has announced that it has taken measures to combat the scourge of the worst forms of child labour, and we congratulate it on its actions.

However, it should be noted that the situation of children is only deteriorating: over 10 million children are not in education and many of them beg on the streets of the country, but predominantly in the northern part of the country. Some of these children have been forced into begging by guardians, who have collected the children’s earnings from street begging. There are also cases of many children, particularly girls, being married off early, while others have been victims of sexual exploitation.

As a Senegalese, I am familiar with the challenges involved in combating child begging. Our experience with talibé children has shown that constant and tireless efforts to monitor, control and realign must be aimed at ensuring that efforts produce the desired outcomes and that previous gains are not undone.

Based on our experience, we would urge the Government to develop an effective monitoring and evaluation plan to monitor and evaluate the actions that it has taken. The absence of an effective monitoring and evaluation system may lead to actions that are merely symbolic and self-serving.

It is also essential for the Government to review existing legislation so that revisions are made to provide for tougher penalties for perpetrators of child labour. The Government must also expand information and awareness-raising campaigns for parents and the community on the high risks to which street children are exposed and continue to work with them to reduce such risks.

In our view, a policy of quality education and learning, which is accessible to all, inclusive, and which does not discriminate, including against almajiri children, is proven to be effective. This policy must take into account the gender dimension and the educational needs of the community, so as to ensure that girl children receive the special care and attention they need. This education and learning policy must include health and nutrition at school and in workshops. The Government must demonstrate a genuine and continued commitment to removing children from the streets and returning them to schools and playgrounds. A true demonstration of this commitment will be the development and implementation of practical and effective ways of using social protection provisions to combat poverty and social inequality.

Interpretation from Russian: Government Member, Belarus – We are grateful to the delegation of Nigeria for having provided a thorough report which gives detailed comments about the issues facing the Nigerian Government in eradicating the worst forms of child labour.

From the report it is clear that this practice, including using children as soldiers, is something that you see exclusively in the areas under the control of Boko Haram. The Government is doing what it can to reintegrate these children into society once they are released. We feel that to eradicate the problem of child labour and to bring those responsible for it before the courts, the authorities first need to eradicate the root cause for the continuation of this practice, that means stopping the activity of the previously mentioned terrorist organization. We urge the international community to give Nigeria every assistance in doing that.

Interpretation from Arabic: Government member, Tunisia – Tunisia thanks the Nigerian delegation for the report, which indicates that Nigeria has respected its obligations, and we also welcome the measures that have been undertaken by the Government to ensure that it brings its legislation into conformity with the Convention.

We also welcome the efforts deployed to improve access to education through a national policy of education and an initiative for safe schools and an education campaign.

We encourage the Government to continue to work with this Committee through the provision of the information required on the cases of trafficked children.

Government member, Algeria – The Algerian delegation welcomes the efforts made by Nigeria to apply the Convention and encourages it to pursue the reforms under way in that regard. My delegation notes the different measures adopted as part of the review of its legislative and regulatory framework to align it with the Convention.

In my delegation’s view, these measures constitute positive steps in the right direction, despite the complexity of the situation on the ground and the presence of armed groups, particularly in the North East of the country. It was against this background that a strategy was established to prevent and combat the worst forms of child labour, which aims in particular to end and prevent the recruitment and use of children in armed conflict.

Moreover, the abolition of forced labour, the increase in school enrolment rates and the reduction in school drop-out rates will also undoubtedly help to eradicate the worst forms of child labour in Nigeria.

For that reason, the Algerian delegation calls on the Committee to take into account the considerable effort made by Nigeria to prevent and combat terrorism, as well as its determination and commitment to strengthening dialogue with the social partners and other stakeholders as part of its legislative reform.

My delegation therefore welcomes the commitment of Nigeria to continuing to work with the social partners, and with the Office, to give effect to the principles set out in the Convention.

Lastly, for all these reasons, my delegation encourages the Office to continue to provide technical assistance to supplement the efforts of the Government so as to strengthen school curricula and eradicate the worst forms of child labour, particularly in the agricultural sector and domestic work, but also in small-scale mining, and to build the capacities of the country’s labour inspection system to ensure that it applies the Convention fully.

Government member, Malawi – Malawi has taken note of the information provided by Nigeria on the efforts being made as regards to the implementation of the provisions of the Convention, which Nigeria ratified on 2 October 2002.

We acknowledge and we commend the efforts of the Government, embarked upon through the Minister of Defence, including carrying out regular sensitization workshops and ensuring the registration of members of vigilante groups, who are also closely monitored by the Nigerian Security and Civil Defence Corps. Also, the rescue and/or release of child victims from the enclaves of Boko Haram is another welcome development which the Government must continue implementing.

Malawi urges the Government of Nigeria to ensure that the Child Rights Bill is signed into law by all states of the company for effective implementation and the protection of the children, along with the Trafficking in Persons (Prohibition) Enforcement and Administration Act, No. 4, 2015, and to continue programmes on access to education for all children.

Government member, Ghana – The Convention was ratified by the Government of the Federal Republic of Nigeria as far back as 2 October 2002. It is important for this Committee to acknowledge the efforts that the Government has put in place to ensure that its legal system and other policies address the major requirements under the Convention. It is refreshing to note that the Government has gone further to initiate reforms towards the elimination of the worst forms of child labour within its borders, including deploying military assistance to identified affected States within the Federal Republic. The Government has intensified sensitization and awareness-raising for the registration of members of vigilante groups. It has also increased its efforts to rehabilitate victims of terrorism and ensured the enforcement of laws prohibiting forced and compulsory recruitment of children and trafficking persons. We support the honest admission by the Government on the concerns raised by the Committee of Experts and the commitments addressed in the minutes. The Government of Ghana supports any attempt to eliminate the worst forms of child labour in Nigeria, the West African subregion and in Africa as a whole. We urge the Government to continue to seek technical assistance from the ILO and cooperation from social partners in its quest to reform its laws in line with the requirements of the Convention. It is the conviction of the Government of Ghana that the Government of Nigeria will be able to sustain the fight to eliminate significantly the worst forms of child labour within the identified states in the Republic.

Government member, Namibia – We want to thank the Government of Nigeria for their comments. I have taken note of the Government’s reaction to the comments by the Worker members. We want to urge the Government to take the comments in good faith, including comments relating to challenges faced regarding labour inspections and to work together with the tripartite constituents to address all these challenges. We thank other speakers for their interventions.

The Government must indeed redouble its efforts to tackle the phenomenon of the worst forms of child labour in Nigeria. The Government must continue in its efforts to provide a safe, peaceful and secure environment for children to go to school. Other measures such as school feeding programmes and health checks in schools, must be provided to attract children to stay in school and reduce the burden on parents. The required support must also be provided to the teachers. The Government must bring an end to the insurgency and conflict.

We want to urge the Government to seek and enhance the technical assistance of the ILO to address the specific observations of the Committee of Experts, but also to seek international cooperation and the assistance of other Member States with material and expert support, including for addressing cross-border and internal trafficking for labour and sexual exploitation.

Interpretation from Arabic: Government member, Egypt – We have taken note of the measures and efforts undertaken by the Government of Nigeria to achieve compatibility between national legislation and the provisions of the Convention with regards to the worst forms of child labour. The Government has set up strong political and institutional and legal frameworks to protect children and to prevent them from being used or aggressed so that they can develop fully and the Government also adopted a law to protect children in the workplace and define the minimum age for children to work and has imposed sanctions on those who do not respect the law. The Government has also ensured that children have access to education and that they are not involved in dangerous work and has been mindful to ensure non-discrimination between boys and girls in education. It also adopted a national strategy which will be part of the five-year plan in Nigeria and carried out a survey with regards with child labour and combating child labour as part of the ACCEL Africa Project. It also established a monitoring network to ensure compliance in the workplace. The Government has been mindful to protect children and ensure that they do not become involved in conflicts and war and has rehabilitated them and integrated them into their communities once again and has put in place monitoring mechanisms. Finally, we value the efforts undertaken by the Government of Nigeria to ensure compatibility between the legislation and the Convention and we hope that the Committee will take into consideration the efforts undertaken by the Government.

Observer, Education International (EI) – On behalf of teachers’ unions, Education International expresses deep concern regarding the issue of child labour in Nigeria. Child labour whether in its worst forms or not, deprives children of their basic right to education.

Education is a fundamental right that should be protected and promoted for every child. It is positive that the representative of the Government has mentioned initiatives related to education. Indeed, it is well documented that investing in free, quality public education contributes to eradicating child labour. However, education does not happen in a vacuum. Education does not grow on trees. It requires well-trained and well-supported teachers.

The Worker member of the Nigeria Labour Congress already deplored the reduction in the share of funding of education. He also referenced the dismissals of teachers and irregular payment of teachers’ wages. We therefore strongly encourage the Government to increase the funding for education and to support teachers to welcome working children and to keep children in school, particularly girls.

The 2022 Durban Call to Action to end child labour, which was mentioned earlier, is very specific in its recommendation entitled “Realizing children’s right to education”. It requests expanding education infrastructure for schools and safe commuting solutions, particularly in rural and remote areas.

Paragraph 30 of the Durban Call to Action requests an improvement in teaching and learning outcomes, including by recruiting qualified teachers in sufficient numbers to close the teacher gap, providing them with good conditions of work and supporting teachers’ unions.

Education International firmly believes that addressing child labour requires collaborative efforts and a comprehensive approach. Therefore, the Government, trade unions, employers, civil society organizations and other education stakeholders must work together to eradicate child labour and provide a safe and nurturing environment for children to learn and grow.

Government representative – Let me first express appreciation to the countries for your input, for your statements, for your comments. I would like to say thank you especially to those who have acknowledged the efforts of the Government of Nigeria. I thank you for your encouraging words.

Let me seize the opportunity also to address the workers’ representative from Nigeria who made certain statements. He acknowledged that insecurity is a challenge, which everybody knows, and then he made a statement about the state of labour inspection and labour inspection in Nigeria being non-existent. That is news to me. Considering the fact that labour inspection is directly under my department, the Inspectorate Department, and on a monthly basis we get robust reports from the states. To further enhance this fight against child labour, we have even developed a child-labour specific template to help us with identification – because one of the challenges is that you see a child, who looks like a child, but how do you prove this is a child? Sometimes they are not children. So, we are trying to look at innovative ways of identifying children. Labour inspection is not non-existent. As a matter of fact, it has become more robust because we have trained and re-trained our labour officers and more labour officers have been recruited in recent times. The worker representative also made a statement that the worst forms of child labour are normalized and I really do not know what that means. Why are we here if we have normalized the worst forms of child labour? Why are we fighting child labour? Why are we expending resources in the fight against child labour? It is curious because we work in collaboration with our social partners, the Nigeria Labour Congress and the Trade Union Congress of Nigeria, as well as the Nigeria Employers’ Consultative Association (NECA), and they are members of our steering committee at the national level – the National Steering Committee on the Elimination of Child Labour – as well as other states, and they have been very cooperative in the fight against child labour. So when a workers’ representative makes a statement that we have normalized child labour – this is not the case.

The agricultural sector has been identified as the sector with the greatest number of child labourers in Nigeria and there are various projects taking place there now, in specific stages in the global supply chain, for instance in Ondo State. All over Nigeria we have even trained agricultural extension officers to be child labour desk officers because obviously labour officers cannot be everywhere. Nigeria is a vast country, with a large population. We have trained these agricultural extension officers to be able to identify child labour victims and report them to the Federal Ministry of Labour and Employment. The steering committee is made up of so many ministries, departments and agencies, so that we have that collaboration, that synergy, to tackle this issue. When it comes to education, the Federal Ministry of Education is on the steering committee as well. In relation to the concerns about the education of the girl child, even the boy child in some communities, you have to take into consideration that some of these things are socio-cultural and ethno-religious issues. The Government has provided schools. Some people, because of their belief system, think that school is not necessary for the girl child. For some, it is the boy child. The boy child is expected to go out and work and make money. That is why we have put in place such measures as the National Orientation Agency, which is the arm of Government that sensitizes the citizenry on issues. We are trying to change their mindsets for them to realize the benefits of education.

There is a recession and poverty in Nigeria which was exacerbated by the COVID-19 pandemic and it is something that the Government is working on to bring the country out of recession. As for one or two countries who spoke about the level of child labour in Nigeria, this is also curious to me because Togo in particular, while we are talking about cross-border trafficking of children, Togo is a great supply country for Nigeria. There are a lot of Togolese children in Nigeria. This is an issue for domestic work and this is an issue that concerns all the countries. From the statistics, whereas the child labour rate is going down in other parts of the world, it is going up in Africa. It is not for other countries to criticize those who are making efforts to deal with this problem. We should all work together, and there is the Regional Action Plan in West Africa through which there is collaboration to fight this scourge. Even the African Union (AU) has a plan for us to eliminate child labour by the year 2030. This is a widespread problem that is not just a problem for Nigeria and I thank the people who acknowledge Nigeria’s efforts. There are so many other efforts undertaken that I did not have time to talk about, but the employers’ association has been very key in the fight against child labour. They have supported us in many ways and, specifically, they have established a code of conduct for employers to sensitize other employers on the ills of child labour and to encourage them not to employ child labourers.

We work with faith-based organizations and community organizations to talk to the people. One of the things we are doing is sensitizing the communities, sensitizing the citizenry on the ills of child labour. We have heard several people talk about children being recruited by Boko Haram. The insurgency is something that nobody wished for, it has caused a lot of problems for the country, it is something that the Government continues to fight on a daily basis. The insurgents did a lot of things, they even occupied some territory in Nigeria, but they have since been dislodged and the incidents and episodes of children being strapped with explosive devices – I do not think that this happens anymore. I have personally not heard of it taking place in the last two years. The Nigerian Government is putting all its efforts towards fighting this scourge. We would request and require assistance, obviously we cannot do it by ourselves, we request a lot of assistance, technical support in whichever way that support can be given, but Nigeria is doing a lot to end child labour.

On the issue of education, the schools are there. Definitely the schools could be better, definitely some schools need to be better positioned so that the children will have easy access to the schools, but the schools are there, and we are encouraging them through our actions and our activities. Let me acknowledge the assistance through the ACCEL Africa Project – accelerating action in the elimination of child labour in global supply chains. They have even helped in reorganizing some schools for children from those communities – and their enrolment figures have shot up astronomically – and as I said earlier, the main issue is to reorganize and reorientate a lot of people on the benefits of education so that they see the delayed gratification when you send your child to school. They look at it in terms of “this child could be bringing in income” but when you let them know that the delayed gratification, when you send your child to school, later on that child has a better standard of living, that child is better able to provide for the family.

Well let me go back to the phenomenon of almajiri children. As I mentioned earlier, it is a socio-cultural and ethno-religious phenomenon that cannot be eradicated in one day. It is not something that can be done easily. It is something that requires advocacy, it requires sensitization, it requires just talking to these people and that is why we work with all the religious organizations, the top religious organizations in Nigeria. For the Christians we have the Christian Association of Nigeria, for the Muslims, we have the Nigerian Supreme Council on Islamic Affairs. We interact with all these people; we call them the gatekeepers. We interact with traditional rulers. In some communities this scourge has been eradicated just because the traditional rulers were brought onboard. There is a community in Ondo State in which the regent, who is female, took this fight to the community and now their children go to school. All I can say is that Nigeria is doing its best. We could do better, there is no doubt about it, there is always room for improvement in any activity and we have a new Government. I forgot to mention one thing. Last year we brought in the first ladies, we have 36 states in Nigeria, and we reached out to the first ladies, that is wives of the governors because we see them as the mothers of the nation, as somebody said “if you educate a woman, you have educated a whole nation”. When you bring women into a project, you know that they are going to take it and run with it. So, we reached out to them, even the First Lady of Nigeria was represented, for the World Day Against Child Labour, and they have all promised to take up this fight.

In closing, I think we have done a lot. We have more work to do, and we are asking for the collaboration of our fellow African nations, nations of the world, the ILO, and other partners, to help us in this fight.

Employer members – The Employer members would like to thank the various speakers who took the floor and expressed their views on this matter, including the Government representative of Nigeria.

We can only trust that the Government representative will take on all of the comments made during the debate, which were all intended to constructively assist the Government to address the real scourge of child labour, especially its worst forms, in Nigeria. While we acknowledge that the Government is indeed taking some measures to address the grave concerns regarding the situation of children in the country, we reiterate that, in line with the Committee of Experts’ observations, more needs to be done.

We take note of the information shared by the Government representative on the efforts of the Government to deal with child labour. However, we note ongoing reports, including from the UN on continued grave violations of children’s rights. Accordingly, the Employer members insist on the importance of the Convention as a fundamental Convention of which the universal ratification reflects a universal consensus and a strong tripartite commitment to eliminate the worst forms of child labour.

While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and conflict in Nigeria, we share the concerns expressed by the Committee of Experts regarding the persistence of children being recruited and used by armed groups which also results in other serious violations of children’s rights, such as abductions, murders and sexual violence.

In the light of the Committee of Experts’ observations and today’s debate, the Employer members would like to recommend that the Government should do the following:

- Firstly, continue to take measures using all available means to ensure the full and immediate demobilization of all children and put a stop in practice to their forced recruitment into armed groups. Ensure the thorough investigation, prosecution and penalization of all perpetrators of forced recruitment of children for use in armed conflict as well as ensure the rehabilitation and social integration of child victims of forced recruitment.

- Secondly, strengthen its efforts to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed.

- Thirdly, intensify its efforts to improve the functioning of the education system and to facilitate access for all children to free basic education, in particular for girls and children in the war-affected areas of North East Nigeria.

Fourthly, take effective and time-bound measures to protect all street children, including almajiri, from the worst forms of child labour and to provide for their rehabilitation and reintegration as well as provide information on measures taken and the number of children integrated.

Finally, the Employer members call on the Government to continue availing itself of ILO technical assistance to implement the above-mentioned recommendations and future reporting obligations. We also count on the Government’s continued efforts to implement concrete measures to ensure the demobilization of all children who have been forcibly recruited or are used by armed groups and to ensure the protection of all boys and girls who remain vulnerable to such risk and to the risk of being trafficked.

Worker members – We want to thank the Government for their comments. I have taken note of the Government’s reaction to the comments by the Worker members. We want to urge the Government to take the comments in good faith, including comments relating to challenges faced regarding labour inspections and to work together with the tripartite constituents to address all these challenges. We thank the other speakers for their interventions.

The Government must indeed redouble its efforts to tackle the phenomenon of the worst forms of child labour in Nigeria. The Government must continue in its efforts to provide a safe, peaceful and secure environment for children to go to school. Other measures, such as school feeding programmes and health checks in schools, must be provided to attract children to stay in school and reduce the burden on parents. The necessary support must also be provided to the teachers. The Government must bring an end to the insurgency and conflict.

The Worker members urge the Government to seek and enhance the technical assistance of the ILO to address the specific observations of the Committee of Experts, and also to seek international cooperation and the assistance of other Member States with material and expert support, including for addressing cross-border and internal trafficking for labour and sexual exploitation.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups in the country, the Committee deeply deplored the current situation where children are being forcibly recruited by armed groups for use in armed conflict, which also results in other serious violations of children’s rights, such as abductions, murder and sexual violence.

The Committee noted with deep concern the situation of children, in particular girls, children in war-affected areas and street/Almajiri children, who continue to be deprived of basic education.

The Committee also expressed concern at the persistence of child trafficking, particularly of girls for the purpose of domestic servitude and sexual exploitation and boys for the purpose of child begging.

Taking into account the discussion of the case, the Committee urges the Government of Nigeria to take effective and time-bound measures to:

- ensure the full and immediate demobilization of all children and to put a stop, in law and practice, to the forced recruitment or use of children into armed groups;

- ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in law and practice;

- improve the functioning of the education system to facilitate access to free quality basic education for all children, particularly girls and street children, and security and safety of children in war-affected areas, and to take measures to increase the school enrolment and attendance rates at the primary and secondary levels and to decrease the school drop-out rates, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved.

- provide for the rehabilitation and social integration of street children and children who are forced to join armed groups, and provide information to the Committee of Experts on the measures taken in this regard, including by the Almajiri Special Education Project, and on the results achieved.

- combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed in law and practice, and provide information to the Committee of Experts on the measures taken in this regard, including by the National Agency for the Prohibition of Trafficking in Persons, and on the results achieved.

The Committee requests the Government to continue to avail itself of ongoing ILO technical assistance to give full implementation to the above-mentioned measures and progress towards the full eradication of the worst forms of child labour in accordance with the Convention.

The Committee also requests the Government to submit a report to the Committee of Experts by 1 September 2023 with the relevant information, in consultation with the social partners.

Government representative – We appreciate the discussions on this important subject towards improving the overall situation of children globally and specifically in Nigeria. We acknowledge that this Convention can be considered the most important among all the core Conventions as it deals with children who are the future of society. It can also be considered a reflection of a nation’s soul as the state of its humanity is portrayed by how well the children are protected and given a good life for a hopeful future. In the light of the content of this conclusion, we recommit to strengthening the ongoing efforts and interventions in this area through the instrumentality of the relevant organs of the Government together with robust consultations with our social partners and the ILO. This implies a continued implementation of interventions in line with the provisions of Convention No. 182 and mainstreaming with a very high place and consideration the recommendations made by this Committee towards eliminating child labour in its worst forms.

However, regarding the time frame given for reporting on the progress made, the Committee is invited to kindly note that Nigeria is in transition at the moment and therefore, would appreciate reasonable time for the new administration to settle down and coordinate with constituents to address the observed lapses and implement the recommendations. We are committed and prepared to cooperate with the Office and relevant stakeholders to achieve this.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that, for the fifth 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 3 of the Convention. Worst forms of child labour. The Committee noted that the Child Rights Act of 2003 prohibits the worst forms of child labour. Section 274 states that the provisions of the Act supersede all other laws to the contrary. The Committee also noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 11), the Child Rights Act has come into force in only four of the 36 states of Nigeria. The Committee requests the Government to take the necessary measures to ensure that the Act enters into force in all states.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. (i) Common law system. The Committee noted that, by virtue of sections 30(1), 30(2)(b) and 277 of the Child Rights Act of 2003, the sale and trafficking of children under 18 years of age is prohibited. The Act on Trafficking in Persons (Prohibition) Law Enforcement and Administration of 2003 (hereinafter the Anti-Trafficking Law), also contains detailed provisions prohibiting the trafficking of children under 18 years of age. Hence, the Anti-Trafficking Law prohibits the importation into Nigeria or exportation from Nigeria, of children under 18 years of age for prostitution (section 11); the procuring of persons under 18 years of age to leave Nigeria or their usual place of abode for the purpose of prostitution within or outside of Nigeria (section 14(2)); the importation, exportation, buying, selling, disposing or trafficking of a person for the purpose of slavery, servitude or debt bondage (sections 23 and 24(c)). The trafficking of persons for forced or compulsory recruitment in armed conflict is prohibited under section 15(c) of the Anti-Trafficking Law. Section 16 provides that whoever organizes or promotes sex tourism commits an offence.

At the state level, the Committee observed that the Criminal Code (southern states) of 1990, prohibits the procuring of a female to leave her usual place of abode in Nigeria for prostitution (section 223(4)), as well as the trading in, purchasing, selling, or transferring of a person for slavery (section 369). Regarding northern states, the Committee noted that, according to information available at the Office, the Penal Code prohibits the sale and trafficking of children for prostitution or other unlawful or immoral purposes (section 278), and for slavery (section 279). The Committee took due note that numerous legal provisions prohibit the sale and trafficking of persons under 18 years of age.

(ii) Shari’a Law. The Committee noted that the Shari’a applies in 12 of the northern states, including Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara (CRC/C/15/Add.257, 28 January 2005, paragraph 78). It also noted that, by virtue of article 277(2) of the Constitution of 1999, the Shari’a Court of Appeal of a state will be competent when the parties to the proceedings, being Muslims, ask the Shari’a Court to hear their case according to the Islamic law. It further noted that, according to information available at the Office, section 3 of the Magistrates Courts (Restriction of Powers) Law of 2002 provides that all cases involving Muslims in Zamfara State shall be dealt with under the Shari’a courts. By virtue of section 234 of the Shari’a Penal Code of Zamfara State, it is prohibited to induce a female to go from one place to another to have illicit intercourse. Section 235 of the aforementioned Code states that whoever imports into the state, a girl or a woman for illicit intercourse with himself or another person commits an offence. The Committee reminded the Government that under Article 3(a) of the Convention, the sale and trafficking of children should be prohibited for both boys and girls under 18 years of age. The Committee asks the Government to provide a definition of the term “illicit intercourse” used under sections 234 and 235 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation is prohibited throughout Nigeria.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, by virtue of section 26 of the Anti-Trafficking Law, it is an offence to: (a) cause or encourage the prostitution of children under 18 years of age; (b) manage a brothel; and (c) permit the defilement of children in brothels. Section 30(2)(e) of the Child Rights Act prohibits the procuring or offering a child under 18 for prostitution.

Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for the purpose of prostitution. Section 372 states that it is prohibited to manage a brothel. Section 374(1)(d) provides that a prostitute who behaves in an indecent manner in a public place, importunes or solicits a person for the purpose of prostitution commits an offence. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution is considered as one of the worst forms of child labour, and should therefore be prohibited. The Committee requests the Government to take the necessary measures to ensure that the prohibitions are extended to girls under 18 years of age and to boys. Noting the recommendation of the Committee on the Rights of the Child to the Government to avoid criminalizing child victims of sexual exploitation in all circumstances (CRC/C/15/Add.257, 28 January 2005, paragraph 72), the Committee strongly encourages the Government to take the necessary measures to ensure that children used, procured or offered for prostitution are considered as victims rather than offenders under the Shari’a.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. (i) Common law system. The Committee noted that sections 15 and 26 of the Anti-Trafficking Law provide that the procuring, use or offering of a person for the production of pornography or for pornographic performances constitutes an offence. Section 30(2)(e) of the Child Rights Act also prohibits the procuring or offering a child under 18 for the production of pornography or pornographic performances.

(ii) Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for prostitution or for any unlawful or immoral purposes. Section 370 of the abovementioned Law states that “whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself/herself in an indecent manner or in a manner contrary to the morality or wears indecent or immoral clothing” commits an offence. The Committee consequently noted that children forced to perform pornographic performances would be offenders under section 370 of the aforementioned Code. The Committee asks the Government to provide a definition of the terms “unlawful or immoral purposes” stated in section 237 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the use, procuring or offering of girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under the Shari’a Penal Code of the State of Zamfara, as well as under the Shari’a applicable elsewhere. It further encourages the Government to take the necessary measures to ensure that children used, procured or offered for the production of pornography or for pornographic performances are considered as victims rather than offenders.

Article 3, clause (d). Hazardous work. The Committee noted that, by virtue of section 59(6) of the Labour Act of 1990, persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. Section 28(1)(b) and 277 of the Child Rights Act provides that children under 18 shall not work except in light work.

Article 4(1). Determination of hazardous work. The Committee noted the Government’s indication that the national legislation does not provide for a list of types of hazardous work but rather for scattered provisions. Indeed, sections 28(1)(c) and 28(2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observed that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act).

The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any developments in this regard.

Article 4(2). Identification of hazardous work. The Committee noted the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminded the Government that according to Article 4(2), of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee noted that section 78 of the Labour Act states that authorized labour officers are entitled to enter and inspect workplaces. Similar powers are conferred on the inspectors under section 65 of the Factories Act. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. NAPTP. The Committee noted that the Anti-Trafficking Law provides for the establishment of the National Agency for the Prohibition of Traffic in Persons (NAPTP) which shall be responsible for: (i) harmonizing and enforcing all the laws concerning the traffic in human beings; (ii) increasing the effectiveness of the law enforcement bodies to suppress traffic in persons; (iii) establishing and securing communication between the different bodies concerned; (iv) strengthening cooperation between the office of the Attorney General, the Police, the Immigration Service, the Customs Service, the Prison Service, and other law enforcement agencies; and (v) ensuring the rehabilitation of trafficked persons. It also noted that, by virtue of section 5 of the abovementioned Law, the NAPTP is entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It further noted that, according to section 35 of the Anti‑Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTP have large powers to enter, search and arrest. The Committee asks the Government to provide information on the activities of the NAPTP as well as on the number of investigations involving trafficking in persons conducted by police officers, customs officers, immigration officers and their findings.

3. National Tripartite Steering Committee on Child Labour (NTSCCL). The Committee noted the Government’s indication that a NTSCCL was set up in cooperation with ILO–IPEC. It also noted that one of the objectives of the
ILO–IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” is to facilitate the implementation, by 2005, of child labour programmes. It further noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24, 17 September 2004, paragraph 29) that the programmes concerning child rights are not effectively implemented, and that there is need for monitoring activities. The Committee accordingly asks the Government to provide information on the activities of the NTSCCL and to indicate whether this monitoring mechanism has contributed to improving the implementation of child labour programmes.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding to eliminate the worst forms of child labour (MOU). The Committee noted that the Government signed a MOU with
ILO–IPEC in 2000. The project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa (CBP) Nigeria” was adopted under the MOU to provide the Government, workers’ and employers’ organizations, non-governmental organizations and other partners with technical skills and organization ability to formulate and implement programmes of action to prevent and eliminate the worst forms of child labour. The Committee noted that, according to the ILO–IPEC technical progress report of June 2004, four action programmes have been launched and partners are highly mobilized and committed toward the achievement of the project’s objectives. The Committee accordingly asks the Government to provide information on the concrete measures taken under the MOU and their impact on preventing and eliminating the worst forms of child labour.

2. Child domestic workers. The Committee noted that one of the objectives of the ILO–IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” was to assess, by June 2004, the number of child domestic workers in south-east and south-west Nigeria and their working conditions. Another objective of the programme is to withdraw and rehabilitate 2,000 child domestic workers between April 2004 and April 2005. The Committee requests the Government to provide a copy of the rapid assessment on child domestic workers as well as information on the impact of the abovementioned programme on withdrawing and rehabilitating child domestic workers.

Article 7(1). 1. Penalties. The Committee noted that sections 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23 and 24 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour. It also observed that section 26 of the of the Anti-Trafficking Law and sections 25, 26 and 30(3) of the Child Rights Act, provide for sufficiently adequate penalties for the violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, the production of pornography or for pornographic material or for illicit activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Regarding the violation of the prohibition to employ children in hazardous occupations, section 64(1) of the Labour Act provides for a maximum fine of 100 naira (approximately US$0.80) whereas section 28(3) and (4) of the Child Rights Act states that whoever employs a child under 18 years of age in any occupation except light work is liable to a fine of 50,000 naira and five years’ imprisonment. The Committee requests 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.

2. Corruption. The Committee noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 21), corruption is widespread in the country. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved with regard to reducing corruption practices in Nigeria.

Article 7(2). Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee observed that, according to article 18(3)(a) of the Constitution, the Government shall provide for free, compulsory and universal education. It also noted the Government’s indication to the Committee on the Rights of the Child that a Universal Basic Education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2, 2004, pages 104, 113 and 114). The Government added that only about 57 per cent of school-age children (10–15 years) are enrolled in primary education. In the north-west, school attendance rates fall to 28 per cent. The Government further indicated that education was given the highest priority in the state party’s annual budget and that some state governments took initiatives, such as the school meal plus programme, to facilitate access to education (CRC/C/70/Add.24, 17 September 2004, paragraph 31). The Committee nevertheless noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 13 April 2005, paragraph 61) expressed its concern at the unavailability in many parts of Nigeria of free, compulsory and universal primary education, high levels of absenteeism and school dropout rates, in part due to school fees which constitute a burden for parents in sending children to schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to redouble its efforts to improve access to free basic education for all children and to substantially reduce drop-out rates.

2. Forced child labour. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 73 and 74) expressed its grave concern at the reports of forced child labour in Nigeria. It acknowledged the efforts made by the state party to reduce this phenomenon; however it regretted that the outcomes of such efforts have been poor. The Committee accordingly asks the Government to provide information on the time‑bound measures taken or envisaged to prevent the engagement of children in forced labour.

3. Children working in the agricultural sector. The Committee noted that Nigeria participates in an ILO–IPEC Programme entitled “West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour”, launched in 2002. It aims at: (i) strengthening the capacity of the public and private sectors to initiate, implement and monitor programmes to eliminate child labour; (ii) raising awareness among children, families and communities on hazards faced by child workers in the agricultural sector and existing alternatives; and (iii) testing pilot interventions to withdraw children from hazardous work. The Committee noted that, according to an ILO–IPEC report of June 2004 on the implementation of the programme, a health and safety study is under way to assess the hazards in cocoa farms and that proposals for action programmes are under review. The Committee asks the Government to supply a copy of the study on health and safety hazards in cocoa farms as well as information on the concrete measures taken to ensure that children working in the agricultural sector, especially in cocoa farms do not perform hazardous work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee noted that, according to a national study on the sexual exploitation of children in Nigeria (Federal Ministry of Women Affairs and Youth Development, December 2001, page 8), 1,178 Nigerian woman and child victims of trafficking were deported back to their country between March 1999 and December 2000. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraphs 15.2 and 15.3) that the federal Government, the state governments and the local communities established, in collaboration with
ILO–IPEC, two pilot emergency shelter centres for the rescue of trafficked children. The International Organization for Migration (IOM) also assisted the Government in establishing a shelter in Benin City and Lagos for the rehabilitation of trafficked persons. The Committee noted the Government’s indication that 160 child victims of trafficking were repatriated in 2005.

The Committee noted however that, according to project entitled “the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the purpose of Sexual Exploitation” (United Nations Interregional Crime and Justice Research Institute (UNODC), July 2003, pages 81 and 83), victims of trafficking complained about not being properly rehabilitated in the society and 46.9 per cent of those interviewed were not aware of any victim protection services from NGOs or other organizations in their vicinity. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 71) expressed its concern over child victims of sexual exploitation who often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime. The Committee asks the Government to continue its efforts to provide for the rehabilitation and social integration of child victims of trafficking.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 69) expressed its concern at the increasing number of children living and working on the street, and regretted the lack of information about specific mechanisms and measures to address their situation. The Committee noted that the Government conducted a study on street children with the assistance of ILO–IPEC, UNODC and UNICEF in the beginning of 2005. The Committee accordingly asks the Government to supply a copy undertake of the study and to provide information on the measures taken or envisaged pursuant to this study to protect street children from the worst forms of child labour.

2. Child orphans and HIV/AIDS. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24/Rev.2, 2004, pages 98–99) that the estimated number of AIDS orphans in 2001 was about 930,000 children, making Nigeria the country with the highest number of AIDS orphans in the world. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 42 and 52) expressed its concern at the growing number of abandoned children and number of HIV/AIDS orphans and the lack of a comprehensive and well-resourced policy programme for the protection of orphans. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Special situation of girls. 1. Girls in refugee camps. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 63 and 64) expressed its concern at reports of sexual exploitation of refugee girls within and outside of refugee camps, including female teenagers who are forced into prostitution. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children in refugee camps are protected from sexual exploitation.

2. Education. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 30) expressed its concern about the low enrolment rate and educational achievements of girls, the continuing high rates of illiteracy among girls, in particular in rural areas, and the decline in the quality of education. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 61 and CRC/C/70/Add.24/Rev.2, 2004, page 104) that it has developed, with the assistance of UNICEF, a strategy for the Acceleration of Girls’ Education in Nigeria (SAGEN). The Government added that extra measures have been taken in the northern states of Nigeria where socio‑cultural hindrances militating against girls’ education have been noted. For instance, the Zamfara State government established a female education commission in 2001 which has boosted girls’ participation in primary and secondary education. The Committee asks the Government to pursue its efforts to improve girls’ access to education and to provide information on the impact of SAGEN in this respect.

Article 8. 1. Regional cooperation. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 28) expressed its concern about the prevalence and extent of trafficking in Nigeria, which has become a country of origin and transit of trafficked women and girls. It also noted that Nigeria participates in the ILO–IPEC LUTRENA (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee further noted that a “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa” was concluded on 27 July 2005 by the Governments of the Republics of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. The Committee asks the Government to provide information on the impact of the LUTRENA project and the “Multilateral Cooperation Agreement” in combating child trafficking in the region.

2. Bilateral agreements. The Committee noted that a national study on the sexual exploitation of children in Nigeria (the Federal Ministry of Women Affairs and Youth Development, December 2001, pages 8, 18, 19) reveals that between 700,000 and two million women and children are trafficked annually for sexual exploitation to Europe, especially to Italy, Belgium and the Netherlands. The Committee noted that, according to the “Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation” (September 2002, pages 3 and 38), most of Nigerian trafficked girls originate from southern states, namely Edo, Delta and Lagos.

The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraph 15.3 and CRC/C/70/Add.24/Rev.2, 2004, pages 31 and 66) that cooperation agreements have been signed between Nigeria and Spain, Italy, Benin and Saudi Arabia to identify, investigate and prosecute traffickers and to protect victims of human trafficking. The Government added that this effort will be replicated with other neighbouring countries like Niger, Chad, Cameroon, Mali, Togo and Burkina Faso. The Government further stated that about 300 children trafficked from Benin Republic to Nigeria were returned to Benin in 2003. The Committee also observed that, according to the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation, from 2000 to 2002, the Italian help line received 474,000 requests of assistance and 2,700 judicial proceedings were under way in 2004. The Committee asks the Government to provide information on the adoption of any additional bilateral agreements and their impact on eliminating or reducing child trafficking.

3. Poverty eradication programme. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, page 6) that 70 per cent of the population lives below US$1 per day, and 90 per cent with less than US$2 per day. The Government added that it cooperates with the New Partnership for Africa’s Development on employment and poverty alleviation. It further stated that it launched a poverty eradication programme under which institutions were established to provide loans and microcredit to the poor as well as skill-acquisition training and other measures of empowerment to families to lift them out of poverty (CRC/C/70/Add.24, 17 September 2004, paragraph 27). The Committee requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. The Committee took note of the data provided in the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, 2000–01). It also asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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

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 3 of the Convention. Worst forms of child labour. The Committee noted that the Child Rights Act of 2003 prohibits the worst forms of child labour. Section 274 states that the provisions of the Act supersede all other laws to the contrary. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 11), the Child Rights Act has come into force in only four of the 36 states of Nigeria. The Committee requests the Government to take the necessary measures to ensure that the Act enters into force in all states.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. (i) Common law system. The Committee noted that, by virtue of sections 30(1), 30(2)(b) and 277 of the Child Rights Act of 2003, the sale and trafficking of children under 18 years of age is prohibited. The Act on Trafficking in Persons (Prohibition) Law Enforcement and Administration of 2003 (hereinafter the Anti-Trafficking Law), also contains detailed provisions prohibiting the trafficking of children under 18 years of age. Hence, the Anti-Trafficking Law prohibits the importation into Nigeria or exportation from Nigeria, of children under 18 years of age for prostitution (section 11); the procuring of persons under 18 years of age to leave Nigeria or their usual place of abode for the purpose of prostitution within or outside of Nigeria (section 14(2)); the importation, exportation, buying, selling, disposing or trafficking of a person for the purpose of slavery, servitude or debt bondage (sections 23 and 24(c)). The trafficking of persons for forced or compulsory recruitment in armed conflict is prohibited under section 15(c) of the Anti-Trafficking Law. Section 16 provides that whoever organizes or promotes sex tourism commits an offence.

At the state level, the Committee observed that the Criminal Code (southern states) of 1990, prohibits the procuring of a female to leave her usual place of abode in Nigeria for prostitution (section 223(4)), as well as the trading in, purchasing, selling, or transferring of a person for slavery (section 369). Regarding northern states, the Committee noted that, according to information available at the Office, the Penal Code prohibits the sale and trafficking of children for prostitution or other unlawful or immoral purposes (section 278), and for slavery (section 279). The Committee takes due note that numerous legal provisions prohibit the sale and trafficking of persons under 18 years of age.

(ii) Shari’a Law. The Committee noted that the Shari’a applies in 12 of the northern states, including Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara (CRC/C/15/Add.257, 28 January 2005, paragraph 78). It also noted that, by virtue of article 277(2) of the Constitution of 1999, the Shari’a Court of Appeal of a state will be competent when the parties to the proceedings, being Muslims, ask the Shari’a Court to hear their case according to the Islamic law. It further noted that, according to information available at the Office, section 3 of the Magistrates Courts (Restriction of Powers) Law of 2002 provides that all cases involving Muslims in Zamfara State shall be dealt with under the Shari’a courts. By virtue of section 234 of the Shari’a Penal Code of Zamfara State, it is prohibited to induce a female to go from one place to another to have illicit intercourse. Section 235 of the aforementioned Code states that whoever imports into the state, a girl or a woman for illicit intercourse with himself or another person commits an offence. The Committee reminded the Government that under Article 3(a) of the Convention, the sale and trafficking of children should be prohibited for both boys and girls under 18 years of age. The Committee asks the Government to provide a definition of the term “illicit intercourse” used under sections 234 and 235 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation is prohibited throughout Nigeria.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, by virtue of section 26 of the Anti-Trafficking Law, it is an offence to: (a) cause or encourage the prostitution of children under 18 years of age; (b) manage a brothel; and (c) permit the defilement of children in brothels. Section 30(2)(e) of the Child Rights Act prohibits the procuring or offering a child under 18 for prostitution.

Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for the purpose of prostitution. Section 372 states that it is prohibited to manage a brothel. Section 374(1)(d) provides that a prostitute who behaves in an indecent manner in a public place, importunes or solicits a person for the purpose of prostitution commits an offence. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution is considered as one of the worst forms of child labour, and should therefore be prohibited. The Committee requests the Government to take the necessary measures to ensure that the prohibitions are extended to girls under 18 years of age and to boys. Noting the recommendation of the Committee on the Rights of the Child to the Government to avoid criminalizing child victims of sexual exploitation in all circumstances (CRC/C/15/Add.257, 28 January 2005, paragraph 72), the Committee strongly encourages the Government to take the necessary measures to ensure that children used, procured or offered for prostitution are considered as victims rather than offenders under the Shari’a.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. (i) Common law system. The Committee noted that sections 15 and 26 of the Anti-Trafficking Law provide that the procuring, use or offering of a person for the production of pornography or for pornographic performances constitutes an offence. Section 30(2)(e) of the Child Rights Act also prohibits the procuring or offering a child under 18 for the production of pornography or pornographic performances.

(ii) Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for prostitution or for any unlawful or immoral purposes. Section 370 of the abovementioned Law states that “whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself/herself in an indecent manner or in a manner contrary to the morality or wears indecent or immoral clothing” commits an offence. The Committee consequently noted that children forced to perform pornographic performances would be offenders under section 370 of the aforementioned Code. The Committee asks the Government to provide a definition of the terms “unlawful or immoral purposes” stated in section 237 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the use, procuring or offering of girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under the Shari’a Penal Code of the State of Zamfara, as well as under the Shari’a applicable elsewhere. It further encourages the Government to take the necessary measures to ensure that children used, procured or offered for the production of pornography or for pornographic performances are considered as victims rather than offenders.

Article 3, clause (d). Hazardous work. The Committee noted that, by virtue of section 59(6) of the Labour Act of 1990, persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. Section 28(1)(b) and 277 of the Child Rights Act provides that children under 18 shall not work except in light work.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s indication that the national legislation does not provide for a list of types of hazardous work but rather for scattered provisions. Indeed, sections 28(1)(c) and 28(2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observed that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act).

The Committee reminded the Government that, by virtue of Article 4(1), of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee noted the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminded the Government that according to Article 4(2), of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee noted that section 78 of the Labour Act states that authorized labour officers are entitled to enter and inspect workplaces. Similar powers are conferred on the inspectors under section 65 of the Factories Act. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. NAPTP. The Committee noted that the Anti-Trafficking Law provides for the establishment of the National Agency for the Prohibition of Traffic in Persons (NAPTP) which shall be responsible for: (i) harmonizing and enforcing all the laws concerning the traffic in human beings; (ii) increasing the effectiveness of the law enforcement bodies to suppress traffic in persons; (iii) establishing and securing communication between the different bodies concerned; (iv) strengthening cooperation between the office of the Attorney General, the Police, the Immigration Service, the Customs Service, the Prison Service, and other law enforcement agencies; and (v) ensuring the rehabilitation of trafficked persons. It also noted that, by virtue of section 5 of the abovementioned Law, the NAPTP is entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It further noted that, according to section 35 of the Anti‑Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTP have large powers to enter, search and arrest. The Committee asks the Government to provide information on the activities of the NAPTP as well as on the number of investigations involving trafficking in persons conducted by police officers, customs officers, immigration officers and their findings.

3. National Tripartite Steering Committee on Child Labour (NTSCCL). The Committee noted the Government’s indication that a NTSCCL was set up in cooperation with ILO–IPEC. It also noted that one of the objectives of the
ILO–IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” is to facilitate the implementation, by 2005, of child labour programmes. It further noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24, 17 September 2004, paragraph 29) that the programmes concerning child rights are not effectively implemented, and that there is need for monitoring activities. The Committee accordingly asks the Government to provide information on the activities of the NTSCCL and to indicate whether this monitoring mechanism has contributed to improving the implementation of child labour programmes.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding to eliminate the worst forms of child labour (MOU). The Committee noted that the Government signed a MOU with
ILO–IPEC in 2000. The project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa (CBP) Nigeria” was adopted under the MOU to provide the Government, workers’ and employers’ organizations, non-governmental organizations and other partners with technical skills and organization ability to formulate and implement programmes of action to prevent and eliminate the worst forms of child labour. The Committee noted that, according to the ILO–IPEC technical progress report of June 2004, four action programmes have been launched and partners are highly mobilized and committed toward the achievement of the project’s objectives. The Committee accordingly asks the Government to provide information on the concrete measures taken under the MOU and their impact on preventing and eliminating the worst forms of child labour.

2. Child domestic workers. The Committee noted that one of the objectives of the ILO–IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” was to assess, by June 2004, the number of child domestic workers in south-east and south-west Nigeria and their working conditions. Another objective of the programme is to withdraw and rehabilitate 2,000 child domestic workers between April 2004 and April 2005. The Committee requests the Government to provide a copy of the rapid assessment on child domestic workers as well as information on the impact of the abovementioned programme on withdrawing and rehabilitating child domestic workers.

Article 7, paragraph 1. 1. Penalties. The Committee noted that sections 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23 and 24 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour. It also observed that section 26 of the of the Anti-Trafficking Law and sections 25, 26 and 30(3) of the Child Rights Act, provide for sufficiently adequate penalties for the violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, the production of pornography or for pornographic material or for illicit activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Regarding the violation of the prohibition to employ children in hazardous occupations, section 64(1) of the Labour Act provides for a maximum fine of 100 naira (approximately US$0.80) whereas section 28(3) and (4) of the Child Rights Act states that whoever employs a child under 18 years of age in any occupation except light work is liable to a fine of 50,000 naira and five years’ imprisonment. The Committee requests 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.

2. Corruption. The Committee noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 21), corruption is widespread in the country. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved with regard to reducing corruption practices in Nigeria.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee observed that, according to article 18(3)(a) of the Constitution, the Government shall provide for free, compulsory and universal education. It also noted the Government’s indication to the Committee on the Rights of the Child that a Universal Basic Education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2, 2004, pages 104, 113 and 114). The Government added that only about 57 per cent of school-age children (10–15 years) are enrolled in primary education. In the north-west, school attendance rates fall to 28 per cent. The Government further indicated that education was given the highest priority in the state party’s annual budget and that some state governments took initiatives, such as the school meal plus programme, to facilitate access to education (CRC/C/70/Add.24, 17 September 2004, paragraph 31). The Committee nevertheless noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 13 April 2005, paragraph 61) expressed its concern at the unavailability in many parts of Nigeria of free, compulsory and universal primary education, high levels of absenteeism and school dropout rates, in part due to school fees which constitute a burden for parents in sending children to schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to redouble its efforts to improve access to free basic education for all children and to substantially reduce drop-out rates.

2. Forced child labour. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 73 and 74) expressed its grave concern at the reports of forced child labour in Nigeria. It acknowledged the efforts made by the state party to reduce this phenomenon; however it regretted that the outcomes of such efforts have been poor. The Committee accordingly asks the Government to provide information on the time‑bound measures taken or envisaged to prevent the engagement of children in forced labour.

3. Children working in the agricultural sector. The Committee noted that Nigeria participates in an ILO–IPEC Programme entitled “West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour”, launched in 2002. It aims at: (i) strengthening the capacity of the public and private sectors to initiate, implement and monitor programmes to eliminate child labour; (ii) raising awareness among children, families and communities on hazards faced by child workers in the agricultural sector and existing alternatives; and (iii) testing pilot interventions to withdraw children from hazardous work. The Committee noted that, according to an ILO–IPEC report of June 2004 on the implementation of the programme, a health and safety study is under way to assess the hazards in cocoa farms and that proposals for action programmes are under review. The Committee asks the Government to supply a copy of the study on health and safety hazards in cocoa farms as well as information on the concrete measures taken to ensure that children working in the agricultural sector, especially in cocoa farms do not perform hazardous work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee noted that, according to a national study on the sexual exploitation of children in Nigeria (Federal Ministry of Women Affairs and Youth Development, December 2001, page 8), 1,178 Nigerian woman and child victims of trafficking were deported back to their country between March 1999 and December 2000. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraphs 15.2 and 15.3) that the federal Government, the state governments and the local communities established, in collaboration with
ILO–IPEC, two pilot emergency shelter centres for the rescue of trafficked children. The International Organization for Migration (IOM) also assisted the Government in establishing a shelter in Benin City and Lagos for the rehabilitation of trafficked persons. The Committee noted the Government’s indication that 160 child victims of trafficking were repatriated in 2005.

The Committee noted however that, according to project entitled “the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the purpose of Sexual Exploitation” (United Nations Interregional Crime and Justice Research Institute (UNODC), July 2003, pages 81 and 83), victims of trafficking complained about not being properly rehabilitated in the society and 46.9 per cent of those interviewed were not aware of any victim protection services from NGOs or other organizations in their vicinity. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 71) expressed its concern over child victims of sexual exploitation who often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime. The Committee asks the Government to continue its efforts to provide for the rehabilitation and social integration of child victims of trafficking.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 69) expressed its concern at the increasing number of children living and working on the street, and regretted the lack of information about specific mechanisms and measures to address their situation. The Committee noted that the Government conducted a study on street children with the assistance of ILO–IPEC, UNODC and UNICEF in the beginning of 2005. The Committee accordingly asks the Government to supply a copy undertake of the study and to provide information on the measures taken or envisaged pursuant to this study to protect street children from the worst forms of child labour.

2. Child orphans and HIV/AIDS. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24/Rev.2, 2004, pages 98–99) that the estimated number of AIDS orphans in 2001 was about 930,000 children, making Nigeria the country with the highest number of AIDS orphans in the world. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 42 and 52) expressed its concern at the growing number of abandoned children and number of HIV/AIDS orphans and the lack of a comprehensive and well-resourced policy programme for the protection of orphans. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Special situation of girls. 1. Girls in refugee camps. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 63 and 64) expressed its concern at reports of sexual exploitation of refugee girls within and outside of refugee camps, including female teenagers who are forced into prostitution. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children in refugee camps are protected from sexual exploitation.

2. Education. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 30) expressed its concern about the low enrolment rate and educational achievements of girls, the continuing high rates of illiteracy among girls, in particular in rural areas, and the decline in the quality of education. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 61 and CRC/C/70/Add.24/Rev.2, 2004, page 104) that it has developed, with the assistance of UNICEF, a strategy for the Acceleration of Girls’ Education in Nigeria (SAGEN). The Government added that extra measures have been taken in the northern states of Nigeria where socio‑cultural hindrances militating against girls’ education have been noted. For instance, the Zamfara State government established a female education commission in 2001 which has boosted girls’ participation in primary and secondary education. The Committee asks the Government to pursue its efforts to improve girls’ access to education and to provide information on the impact of SAGEN in this respect.

Article 8. 1. Regional cooperation. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 28) expressed its concern about the prevalence and extent of trafficking in Nigeria, which has become a country of origin and transit of trafficked women and girls. It also noted that Nigeria participates in the ILO–IPEC LUTRENA (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee further noted that a “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa” was concluded on 27 July 2005 by the Governments of the Republics of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. The Committee asks the Government to provide information on the impact of the LUTRENA project and the “Multilateral Cooperation Agreement” in combating child trafficking in the region.

2. Bilateral agreements. The Committee noted that a national study on the sexual exploitation of children in Nigeria (the Federal Ministry of Women Affairs and Youth Development, December 2001, pages 8, 18, 19) reveals that between 700,000 and two million women and children are trafficked annually for sexual exploitation to Europe, especially to Italy, Belgium and the Netherlands. The Committee noted that, according to the “Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation” (September 2002, pages 3 and 38), most of Nigerian trafficked girls originate from southern states, namely Edo, Delta and Lagos.

The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraph 15.3 and CRC/C/70/Add.24/Rev.2, 2004, pages 31 and 66) that cooperation agreements have been signed between Nigeria and Spain, Italy, Benin and Saudi Arabia to identify, investigate and prosecute traffickers and to protect victims of human trafficking. The Government added that this effort will be replicated with other neighbouring countries like Niger, Chad, Cameroon, Mali, Togo and Burkina Faso. The Government further stated that about 300 children trafficked from Benin Republic to Nigeria were returned to Benin in 2003. The Committee also observed that, according to the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation, from 2000 to 2002, the Italian help line received 474,000 requests of assistance and 2,700 judicial proceedings were under way in 2004. The Committee asks the Government to provide information on the adoption of any additional bilateral agreements and their impact on eliminating or reducing child trafficking.

3. Poverty eradication programme. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, page 6) that 70 per cent of the population lives below US$1 per day, and 90 per cent with less than US$2 per day. The Government added that it cooperates with the New Partnership for Africa’s Development on employment and poverty alleviation. It further stated that it launched a poverty eradication programme under which institutions were established to provide loans and microcredit to the poor as well as skill-acquisition training and other measures of empowerment to families to lift them out of poverty (CRC/C/70/Add.24, 17 September 2004, paragraph 27). The Committee requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. The Committee took note of the data provided in the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, 2000–01). It also asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes with regret that for the third 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 3 of the Convention. Worst forms of child labour. The Committee noted that the Child Rights Act of 2003 prohibits the worst forms of child labour. Section 274 states that the provisions of the Act supersede all other laws to the contrary. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 11), the Child Rights Act has come into force in only four of the 36 states of Nigeria. The Committee requests the Government to take the necessary measures to ensure that the Act enters into force in all states.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. (i) Common law system. The Committee noted that, by virtue of sections 30(1), 30(2)(b) and 277 of the Child Rights Act of 2003, the sale and trafficking of children under 18 years of age is prohibited. The Act on Trafficking in Persons (Prohibition) Law Enforcement and Administration of 2003 (hereinafter the Anti-Trafficking Law), also contains detailed provisions prohibiting the trafficking of children under 18 years of age. Hence, the Anti-Trafficking Law prohibits the importation into Nigeria or exportation from Nigeria, of children under 18 years of age for prostitution (section 11); the procuring of persons under 18 years of age to leave Nigeria or their usual place of abode for the purpose of prostitution within or outside of Nigeria (section 14(2)); the importation, exportation, buying, selling, disposing or trafficking of a person for the purpose of slavery, servitude or debt bondage (sections 23 and 24(c)). The trafficking of persons for forced or compulsory recruitment in armed conflict is prohibited under section 15(c) of the Anti-Trafficking Law. Section 16 provides that whoever organizes or promotes sex tourism commits an offence.

At the state level, the Committee observed that the Criminal Code (southern states) of 1990, prohibits the procuring of a female to leave her usual place of abode in Nigeria for prostitution (section 223(4)), as well as the trading in, purchasing, selling, or transferring of a person for slavery (section 369). Regarding northern states, the Committee noted that, according to information available at the Office, the Penal Code prohibits the sale and trafficking of children for prostitution or other unlawful or immoral purposes (section 278), and for slavery (section 279). The Committee takes due note that numerous legal provisions prohibit the sale and trafficking of persons under 18 years of age.

(ii) Shari’a Law. The Committee noted that the Shari’a applies in 12 of the northern states, including Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara (CRC/C/15/Add.257, 28 January 2005, paragraph 78). It also noted that, by virtue of article 277(2) of the Constitution of 1999, the Shari’a Court of Appeal of a state will be competent when the parties to the proceedings, being Muslims, ask the Shari’a Court to hear their case according to the Islamic law. It further noted that, according to information available at the Office, section 3 of the Magistrates Courts (Restriction of Powers) Law of 2002 provides that all cases involving Muslims in Zamfara State shall be dealt with under the Shari’a courts. By virtue of section 234 of the Shari’a Penal Code of Zamfara State, it is prohibited to induce a female to go from one place to another to have illicit intercourse. Section 235 of the aforementioned Code states that whoever imports into the state, a girl or a woman for illicit intercourse with himself or another person commits an offence. The Committee reminded the Government that under Article 3(a) of the Convention, the sale and trafficking of children should be prohibited for both boys and girls under 18 years of age. The Committee asks the Government to provide a definition of the term “illicit intercourse” used under sections 234 and 235 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation is prohibited throughout Nigeria.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, by virtue of section 26 of the Anti-Trafficking Law, it is an offence to: (a) cause or encourage the prostitution of children under 18 years of age; (b) manage a brothel; and (c) permit the defilement of children in brothels. Section 30(2)(e) of the Child Rights Act prohibits the procuring or offering a child under 18 for prostitution.

Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for the purpose of prostitution. Section 372 states that it is prohibited to manage a brothel. Section 374(1)(d) provides that a prostitute who behaves in an indecent manner in a public place, importunes or solicits a person for the purpose of prostitution commits an offence. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution is considered as one of the worst forms of child labour, and should therefore be prohibited. The Committee requests the Government to take the necessary measures to ensure that the prohibitions are extended to girls under 18 years of age and to boys. Noting the recommendation of the Committee on the Rights of the Child to the Government to avoid criminalizing child victims of sexual exploitation in all circumstances (CRC/C/15/Add.257, 28 January 2005, paragraph 72), the Committee strongly encourages the Government to take the necessary measures to ensure that children used, procured or offered for prostitution are considered as victims rather than offenders under the Shari’a.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. (i) Common law system. The Committee noted that sections 15 and 26 of the Anti-Trafficking Law provide that the procuring, use or offering of a person for the production of pornography or for pornographic performances constitutes an offence. Section 30(2)(e) of the Child Rights Act also prohibits the procuring or offering a child under 18 for the production of pornography or pornographic performances.

(ii) Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for prostitution or for any unlawful or immoral purposes. Section 370 of the abovementioned Law states that “whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself/herself in an indecent manner or in a manner contrary to the morality or wears indecent or immoral clothing” commits an offence. The Committee consequently noted that children forced to perform pornographic performances would be offenders under section 370 of the aforementioned Code. The Committee asks the Government to provide a definition of the terms “unlawful or immoral purposes” stated in section 237 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the use, procuring or offering of girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under the Shari’a Penal Code of the State of Zamfara, as well as under the Shari’a applicable elsewhere. It further encourages the Government to take the necessary measures to ensure that children used, procured or offered for the production of pornography or for pornographic performances are considered as victims rather than offenders.

Article 3, clause (d). Hazardous work. The Committee noted that, by virtue of section 59(6) of the Labour Act of 1990, persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. Section 28(1)(b) and 277 of the Child Rights Act provides that children under 18 shall not work except in light work.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s indication that the national legislation does not provide for a list of types of hazardous work but rather for scattered provisions. Indeed, sections 28(1)(c) and 28(2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observed that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act).

The Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee noted the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminded the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee noted that section 78 of the Labour Act states that authorized labour officers are entitled to enter and inspect workplaces. Similar powers are conferred on the inspectors under section 65 of the Factories Act. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. NAPTP. The Committee noted that the Anti-Trafficking Law provides for the establishment of the National Agency for the Prohibition of Traffic in Persons (NAPTP) which shall be responsible for: (i) harmonizing and enforcing all the laws concerning the traffic in human beings; (ii) increasing the effectiveness of the law enforcement bodies to suppress traffic in persons; (iii) establishing and securing communication between the different bodies concerned; (iv) strengthening cooperation between the office of the Attorney General, the Police, the Immigration Service, the Customs Service, the Prison Service, and other law enforcement agencies; and (v) ensuring the rehabilitation of trafficked persons. It also noted that, by virtue of section 5 of the abovementioned Law, the NAPTP is entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It further noted that, according to section 35 of the Anti-Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTP have large powers to enter, search and arrest. The Committee asks the Government to provide information on the activities of the NAPTP as well as on the number of investigations involving trafficking in persons conducted by police officers, customs officers, immigration officers and their findings.

3. National Tripartite Steering Committee on Child Labour (NTSCCL). The Committee noted the Government’s indication that a NTSCCL was set up in cooperation with ILO/IPEC. It also noted that one of the objectives of the ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” is to facilitate the implementation, by 2005, of child labour programmes. It further noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24, 17 September 2004, paragraph 29) that the programmes concerning child rights are not effectively implemented, and that there is need for monitoring activities. The Committee accordingly asks the Government to provide information on the activities of the NTSCCL and to indicate whether this monitoring mechanism has contributed to improving the implementation of child labour programmes.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding to Eliminate the Worst forms of Child Labour (MOU). The Committee noted that the Government signed a MOU with ILO/IPEC in 2000. The project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa (CBP) Nigeria” was adopted under the MOU to provide the Government, workers’ and employers’ organizations, non-governmental organizations and other partners with technical skills and organization ability to formulate and implement programmes of action to prevent and eliminate the worst forms of child labour. The Committee noted that, according to the ILO/IPEC technical progress report of June 2004, four action programmes have been launched and partners are highly mobilized and committed toward the achievement of the project’s objectives. The Committee accordingly asks the Government to provide information on the concrete measures taken under the MOU and their impact on preventing and eliminating the worst forms of child labour.

2. Child domestic workers. The Committee noted that one of the objectives of the ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” was to assess, by June 2004, the number of child domestic workers in south-east and south-west Nigeria and their working conditions. Another objective of the programme is to withdraw and rehabilitate 2,000 child domestic workers between April 2004 and April 2005. The Committee requests the Government to provide a copy of the rapid assessment on child domestic workers as well as information on the impact of the abovementioned programme on withdrawing and rehabilitating child domestic workers.

Article 7, paragraph 1. 1. Penalties. The Committee noted that sections 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23 and 24 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour. It also observed that section 26 of the of the Anti-Trafficking Law and sections 25, 26 and 30(3) of the Child Rights Act, provide for sufficiently adequate penalties for the violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, the production of pornography or for pornographic material or for illicit activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Regarding the violation of the prohibition to employ children in hazardous occupations, section 64(1) of the Labour Act provides for a maximum fine of 100 naira (approximately US$0.80) whereas section 28(3) and (4) of the Child Rights Act states that whoever employs a child under 18 years of age in any occupation except light work is liable to a fine of 50,000 naira and five years’ imprisonment. The Committee requests 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.

2. Corruption. The Committee noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 21), corruption is widespread in the country. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved with regard to reducing corruption practices in Nigeria.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee observed that, according to article 18(3)(a) of the Constitution, the Government shall provide for free, compulsory and universal education. It also noted the Government’s indication to the Committee on the Rights of the Child that a Universal Basic Education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2, 2004, pages 104, 113 and 114). The Government added that only about 57 per cent of school-age children (10–15 years) are enrolled in primary education. In the north-west, school attendance rates fall to 28 per cent. The Government further indicated that education was given the highest priority in the state party’s annual budget and that some state governments took initiatives, such as the school meal plus programme, to facilitate access to education (CRC/C/70/Add.24, 17 September 2004, paragraph 31). The Committee nevertheless noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 13 April 2005, paragraph 61) expressed its concern at the unavailability in many parts of Nigeria of free, compulsory and universal primary education, high levels of absenteeism and school dropout rates, in part due to school fees which constitute a burden for parents in sending children to schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to redouble its efforts to improve access to free basic education for all children and to substantially reduce drop-out rates.

2. Forced child labour. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 73 and 74) expressed its grave concern at the reports of forced child labour in Nigeria. It acknowledged the efforts made by the state party to reduce this phenomenon; however it regretted that the outcomes of such efforts have been poor. The Committee accordingly asks the Government to provide information on the time‑bound measures taken or envisaged to prevent the engagement of children in forced labour.

3. Children working in the agricultural sector. The Committee noted that Nigeria participates in an ILO/IPEC Programme entitled “West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour”, launched in 2002. It aims at: (i) strengthening the capacity of the public and private sectors to initiate, implement and monitor programmes to eliminate child labour; (ii) raising awareness among children, families and communities on hazards faced by child workers in the agricultural sector and existing alternatives; and (iii) testing pilot interventions to withdraw children from hazardous work. The Committee noted that, according to an ILO/IPEC report of June 2004 on the implementation of the programme, a health and safety study is under way to assess the hazards in cocoa farms and that proposals for action programmes are under review. The Committee asks the Government to supply a copy of the study on health and safety hazards in cocoa farms as well as information on the concrete measures taken to ensure that children working in the agricultural sector, especially in cocoa farms do not perform hazardous work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee noted that, according to a national study on the sexual exploitation of children in Nigeria (Federal Ministry of Women Affairs and Youth Development, December 2001, page 8), 1,178 Nigerian woman and child victims of trafficking were deported back to their country between March 1999 and December 2000. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraphs 15.2 and 15.3) that the federal Government, the state governments and the local communities established, in collaboration with ILO/IPEC, two pilot emergency shelter centres for the rescue of trafficked children. The International Organization for Migration (IOM) also assisted the Government in establishing a shelter in Benin City and Lagos for the rehabilitation of trafficked persons. The Committee noted the Government’s indication that 160 child victims of trafficking were repatriated in 2005.

The Committee noted however that, according to project entitled “the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the purpose of Sexual Exploitation” (United Nations Interregional Crime and Justice Research Institute (UNODC), July 2003, pages 81 and 83), victims of trafficking complained about not being properly rehabilitated in the society and 46.9 per cent of those interviewed were not aware of any victim protection services from NGOs or other organizations in their vicinity. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 71) expressed its concern over child victims of sexual exploitation who often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime. The Committee asks the Government to continue its efforts to provide for the rehabilitation and social integration of child victims of trafficking.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 69) expressed its concern at the increasing number of children living and working on the street, and regretted the lack of information about specific mechanisms and measures to address their situation. The Committee noted that the Government conducted a study on street children with the assistance of ILO/IPEC, UNODC and UNICEF in the beginning of 2005. The Committee accordingly asks the Government to supply a copy undertake of the study and to provide information on the measures taken or envisaged pursuant to this study to protect street children from the worst forms of child labour.

2. Child orphans and HIV/AIDS. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24/Rev.2, 2004, pages 98–99) that the estimated number of AIDS orphans in 2001 was about 930,000 children, making Nigeria the country with the highest number of AIDS orphans in the world. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 42 and 52) expressed its concern at the growing number of abandoned children and number of HIV/AIDS orphans and the lack of a comprehensive and well-resourced policy programme for the protection of orphans. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Special situation of girls. 1. Girls in refugee camps. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 63 and 64) expressed its concern at reports of sexual exploitation of refugee girls within and outside of refugee camps, including female teenagers who are forced into prostitution. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children in refugee camps are protected from sexual exploitation.

2. Education. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 30) expressed its concern about the low enrolment rate and educational achievements of girls, the continuing high rates of illiteracy among girls, in particular in rural areas, and the decline in the quality of education. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 61 and CRC/C/70/Add.24/Rev.2, 2004, page 104) that it has developed, with the assistance of UNICEF, a strategy for the Acceleration of Girls’ Education in Nigeria (SAGEN). The Government added that extra measures have been taken in the northern states of Nigeria where socio-cultural hindrances militating against girls’ education have been noted. For instance, the Zamfara State government established a female education commission in 2001 which has boosted girls’ participation in primary and secondary education. The Committee asks the Government to pursue its efforts to improve girls’ access to education and to provide information on the impact of SAGEN in this respect.

Article 8. 1. Regional cooperation. The Committee noted that the
Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 28) expressed its concern about the prevalence and extent of trafficking in Nigeria, which has become a country of origin and transit of trafficked women and girls. It also noted that Nigeria participates in the ILO/IPEC LUTRENA (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee further noted that a “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa” was concluded on 27 July 2005 by the Governments of the Republics of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. The Committee asks the Government to provide information on the impact of the LUTRENA project and the “Multilateral Cooperation Agreement” in combating child trafficking in the region.

2. Bilateral agreements. The Committee noted that a national study on the sexual exploitation of children in Nigeria (the Federal Ministry of Women Affairs and Youth Development, December 2001, pages 8, 18, 19) reveals that between 700,000 and two million women and children are trafficked annually for sexual exploitation to Europe, especially to Italy, Belgium and the Netherlands. The Committee noted that, according to the “Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation” (September 2002, pages 3 and 38), most of Nigerian trafficked girls originate from southern states, namely Edo, Delta and Lagos.

The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraph 15.3 and CRC/C/70/Add.24/Rev.2, 2004, pages 31 and 66) that cooperation agreements have been signed between Nigeria and Spain, Italy, Benin and Saudi Arabia to identify, investigate and prosecute traffickers and to protect victims of human trafficking. The Government added that this effort will be replicated with other neighbouring countries like Niger, Chad, Cameroon, Mali, Togo and Burkina Faso. The Government further stated that about 300 children trafficked from Benin Republic to Nigeria were returned to Benin in 2003. The Committee also observed that, according to the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation, from 2000 to 2002, the Italian help line received 474,000 requests of assistance and 2,700 judicial proceedings were under way in 2004. The Committee asks the Government to provide information on the adoption of any additional bilateral agreements and their impact on eliminating or reducing child trafficking.

3. Poverty eradication programme. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, page 6) that 70 per cent of the population lives below US$1 per day, and 90 per cent with less than US$2 per day. The Government added that it cooperates with the New Partnership for Africa’s Development on employment and poverty alleviation. It further stated that it launched a poverty eradication programme under which institutions were established to provide loans and microcredit to the poor as well as skill-acquisition training and other measures of empowerment to families to lift them out of poverty (CRC/C/70/Add.24, 17 September 2004, paragraph 27). The Committee requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. The Committee took note of the data provided in the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, 2000–01). It also asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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 3 of the Convention. Worst forms of child labour. The Committee noted that the Child Rights Act of 2003 prohibits the worst forms of child labour. Section 274 states that the provisions of the Act supersede all other laws to the contrary. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 11), the Child Rights Act has come into force in only four of the 36 states of Nigeria. The Committee requests the Government to take the necessary measures to ensure that the Act enters into force in all states.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. (i) Common law system. The Committee noted that, by virtue of sections 30(1), 30(2)(b) and 277 of the Child Rights Act of 2003, the sale and trafficking of children under 18 years of age is prohibited. The Act on Trafficking in Persons (Prohibition) Law Enforcement and Administration of 2003 (hereinafter the Anti-Trafficking Law), also contains detailed provisions prohibiting the trafficking of children under 18 years of age. Hence, the Anti-Trafficking Law prohibits the importation into Nigeria or exportation from Nigeria, of children under 18 years of age for prostitution (section 11); the procuring of persons under 18 years of age to leave Nigeria or their usual place of abode for the purpose of prostitution within or outside of Nigeria (section 14(2)); the importation, exportation, buying, selling, disposing or trafficking of a person for the purpose of slavery, servitude or debt bondage (sections 23 and 24(c)). The trafficking of persons for forced or compulsory recruitment in armed conflict is prohibited under section 15(c) of the Anti-Trafficking Law. Section 16 provides that whoever organizes or promotes sex tourism commits an offence.

At the state level, the Committee observed that the Criminal Code (southern states) of 1990, prohibits the procuring of a female to leave her usual place of abode in Nigeria for prostitution (section 223(4)), as well as the trading in, purchasing, selling, or transferring of a person for slavery (section 369). Regarding northern states, the Committee noted that, according to information available at the Office, the Penal Code prohibits the sale and trafficking of children for prostitution or other unlawful or immoral purposes (section 278), and for slavery (section 279). The Committee takes due note that numerous legal provisions prohibit the sale and trafficking of persons under 18 years of age.

(ii) Shari’a Law. The Committee noted that the Shari’a applies in 12 of the northern states, including Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara (CRC/C/15/Add.257, 28 January 2005, paragraph 78). It also noted that, by virtue of article 277(2) of the Constitution of 1999, the Shari’a Court of Appeal of a state will be competent when the parties to the proceedings, being Muslims, ask the Shari’a Court to hear their case according to the Islamic law. It further noted that, according to information available at the Office, section 3 of the Magistrates Courts (Restriction of Powers) Law of 2002 provides that all cases involving Muslims in Zamfara State shall be dealt with under the Shari’a courts. By virtue of section 234 of the Shari’a Penal Code of Zamfara State, it is prohibited to induce a female to go from one place to another to have illicit intercourse. Section 235 of the aforementioned Code states that whoever imports into the state, a girl or a woman for illicit intercourse with himself or another person commits an offence. The Committee reminded the Government that under Article 3(a) of the Convention, the sale and trafficking of children should be prohibited for both boys and girls under 18 years of age. The Committee asks the Government to provide a definition of the term “illicit intercourse” used under sections 234 and 235 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation is prohibited throughout Nigeria.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, by virtue of section 26 of the Anti-Trafficking Law, it is an offence to: (a) cause or encourage the prostitution of children under 18 years of age; (b) manage a brothel; and (c) permit the defilement of children in brothels. Section 30(2)(e) of the Child Rights Act prohibits the procuring or offering a child under 18 for prostitution.

Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for the purpose of prostitution. Section 372 states that it is prohibited to manage a brothel. Section 374(1)(d) provides that a prostitute who behaves in an indecent manner in a public place, importunes or solicits a person for the purpose of prostitution commits an offence. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution is considered as one of the worst forms of child labour, and should therefore be prohibited. The Committee requests the Government to take the necessary measures to ensure that the prohibitions are extended to girls under 18 years of age and to boys. Noting the recommendation of the Committee on the Rights of the Child to the Government to avoid criminalizing child victims of sexual exploitation in all circumstances (CRC/C/15/Add.257, 28 January 2005, paragraph 72), the Committee strongly encourages the Government to take the necessary measures to ensure that children used, procured or offered for prostitution are considered as victims rather than offenders under the Shari’a.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. (i) Common law system. The Committee noted that sections 15 and 26 of the Anti-Trafficking Law provide that the procuring, use or offering of a person for the production of pornography or for pornographic performances constitutes an offence. Section 30(2)(e) of the Child Rights Act also prohibits the procuring or offering a child under 18 for the production of pornography or pornographic performances.

(ii) Shari’a Law. The Committee noted that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for prostitution or for any unlawful or immoral purposes. Section 370 of the abovementioned Law states that “whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself/herself in an indecent manner or in a manner contrary to the morality or wears indecent or immoral clothing” commits an offence. The Committee consequently noted that children forced to perform pornographic performances would be offenders under section 370 of the aforementioned Code. The Committee asks the Government to provide a definition of the terms “unlawful or immoral purposes” stated in section 237 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the use, procuring or offering of girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under the Shari’a Penal Code of the State of Zamfara, as well as under the Shari’a applicable elsewhere. It further encourages the Government to take the necessary measures to ensure that children used, procured or offered for the production of pornography or for pornographic performances are considered as victims rather than offenders.

Article 3, clause (d). Hazardous work. The Committee noted that, by virtue of section 59(6) of the Labour Act of 1990, persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. Section 28(1)(b) and 277 of the Child Rights Act provides that children under 18 shall not work except in light work.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s indication that the national legislation does not provide for a list of types of hazardous work but rather for scattered provisions. Indeed, sections 28(1)(c) and 28(2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observed that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act).

The Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d), shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee noted the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminded the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee noted that section 78 of the Labour Act states that authorized labour officers are entitled to enter and inspect workplaces. Similar powers are conferred on the inspectors under section 65 of the Factories Act. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. NAPTP. The Committee noted that the Anti-Trafficking Law provides for the establishment of the National Agency for the Prohibition of Traffic in Persons (NAPTP) which shall be responsible for: (i) harmonizing and enforcing all the laws concerning the traffic in human beings; (ii) increasing the effectiveness of the law enforcement bodies to suppress traffic in persons; (iii) establishing and securing communication between the different bodies concerned; (iv) strengthening cooperation between the office of the Attorney General, the Police, the Immigration Service, the Customs Service, the Prison Service, and other law enforcement agencies; and (v) ensuring the rehabilitation of trafficked persons. It also noted that, by virtue of section 5 of the abovementioned Law, the NAPTP is entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It further noted that, according to section 35 of the Anti-Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTP have large powers to enter, search and arrest. The Committee asks the Government to provide information on the activities of the NAPTP as well as on the number of investigations involving trafficking in persons conducted by police officers, customs officers, immigration officers and their findings.

3. National Tripartite Steering Committee on Child Labour (NTSCCL). The Committee noted the Government’s indication that a NTSCCL was set up in cooperation with ILO/IPEC. It also noted that one of the objectives of the ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” is to facilitate the implementation, by 2005, of child labour programmes. It further noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24, 17 September 2004, paragraph 29) that the programmes concerning child rights are not effectively implemented, and that there is need for monitoring activities. The Committee accordingly asks the Government to provide information on the activities of the NTSCCL and to indicate whether this monitoring mechanism has contributed to improving the implementation of child labour programmes.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding to Eliminate the Worst forms of Child Labour (MOU). The Committee noted that the Government signed a MOU with ILO/IPEC in 2000. The project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa (CBP) Nigeria” was adopted under the MOU to provide the Government, workers’ and employers’ organizations, non-governmental organizations and other partners with technical skills and organization ability to formulate and implement programmes of action to prevent and eliminate the worst forms of child labour. The Committee noted that, according to the ILO/IPEC technical progress report of June 2004, four action programmes have been launched and partners are highly mobilized and committed toward the achievement of the project’s objectives. The Committee accordingly asks the Government to provide information on the concrete measures taken under the MOU and their impact on preventing and eliminating the worst forms of child labour.

2. Child domestic workers. The Committee noted that one of the objectives of the ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” was to assess, by June 2004, the number of child domestic workers in south-east and south-west Nigeria and their working conditions. Another objective of the programme is to withdraw and rehabilitate 2,000 child domestic workers between April 2004 and April 2005. The Committee requests the Government to provide a copy of the rapid assessment on child domestic workers as well as information on the impact of the abovementioned programme on withdrawing and rehabilitating child domestic workers.

Article 7, paragraph 1. 1. Penalties. The Committee noted that sections 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23 and 24 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour. It also observed that section 26 of the of the Anti-Trafficking Law and sections 25, 26 and 30(3) of the Child Rights Act, provide for sufficiently adequate penalties for the violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, the production of pornography or for pornographic material or for illicit activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Regarding the violation of the prohibition to employ children in hazardous occupations, section 64(1) of the Labour Act provides for a maximum fine of 100 Naira (approximately 0.80 US dollars) whereas section 28(3) and (4) of the Child Rights Act states that whoever employs a child under 18 years of age in any occupation except light work is liable to a fine of 50,000 Naira and five years’ imprisonment. The Committee requests 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.

2. Corruption. The Committee noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 21), corruption is widespread in the country. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved with regard to reducing corruption practices in Nigeria.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee observed that, according to article 18(3)(a) of the Constitution, the Government shall provide for free, compulsory and universal education. It also noted the Government’s indication to the Committee on the Rights of the Child that a Universal Basic Education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2, 2004, pages 104, 113 and 114). The Government added that only about 57 per cent of school-age children (10–15 years) are enrolled in primary education. In the north-west, school attendance rates fall to 28 per cent. The Government further indicated that education was given the highest priority in the state party’s annual budget and that some state governments took initiatives, such as the school meal plus programme, to facilitate access to education (CRC/C/70/Add.24, 17 September 2004, paragraph 31). The Committee nevertheless noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 13 April 2005, paragraph 61) expressed its concern at the unavailability in many parts of Nigeria of free, compulsory and universal primary education, high levels of absenteeism and school dropout rates, in part due to school fees which constitute a burden for parents in sending children to schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to redouble its efforts to improve access to free basic education for all children and to substantially reduce drop-out rates.

2. Forced child labour. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 73 and 74) expressed its grave concern at the reports of forced child labour in Nigeria. It acknowledged the efforts made by the state party to reduce this phenomenon; however it regretted that the outcomes of such efforts have been poor. The Committee accordingly asks the Government to provide information on the time‑bound measures taken or envisaged to prevent the engagement of children in forced labour.

3. Children working in the agricultural sector. The Committee noted that Nigeria participates in an ILO/IPEC Programme entitled “West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour”, launched in 2002. It aims at: (i) strengthening the capacity of the public and private sectors to initiate, implement and monitor programmes to eliminate child labour; (ii) raising awareness among children, families and communities on hazards faced by child workers in the agricultural sector and existing alternatives; and (iii) testing pilot interventions to withdraw children from hazardous work. The Committee noted that, according to an ILO/IPEC report of June 2004 on the implementation of the programme, a health and safety study is under way to assess the hazards in cocoa farms and that proposals for action programmes are under review. The Committee asks the Government to supply a copy of the study on health and safety hazards in cocoa farms as well as information on the concrete measures taken to ensure that children working in the agricultural sector, especially in cocoa farms do not perform hazardous work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee noted that, according to a national study on the sexual exploitation of children in Nigeria (Federal Ministry of Women Affairs and Youth Development, December 2001, page 8), 1,178 Nigerian woman and child victims of trafficking were deported back to their country between March 1999 and December 2000. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraphs 15.2 and 15.3) that the federal Government, the state governments and the local communities established, in collaboration with ILO/IPEC, two pilot emergency shelter centres for the rescue of trafficked children. The International Organization for Migration (IOM) also assisted the Government in establishing a shelter in Benin City and Lagos for the rehabilitation of trafficked persons. The Committee noted the Government’s indication that 160 child victims of trafficking were repatriated in 2005.

The Committee noted however that, according to project entitled “the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the purpose of Sexual Exploitation” (United Nations Interregional Crime and Justice Research Institute (UNODC), July 2003, pages 81 and 83), victims of trafficking complained about not being properly rehabilitated in the society and 46.9 per cent of those interviewed were not aware of any victim protection services from NGOs or other organizations in their vicinity. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 71) expressed its concern over child victims of sexual exploitation who often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime. The Committee asks the Government to continue its efforts to provide for the rehabilitation and social integration of child victims of trafficking.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee noted the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 69) expressed its concern at the increasing number of children living and working on the street, and regretted the lack of information about specific mechanisms and measures to address their situation. The Committee noted that the Government conducted a study on street children with the assistance of ILO/IPEC, UNODC and UNICEF in the beginning of 2005. The Committee accordingly asks the Government to supply a copy undertake of the study and to provide information on the measures taken or envisaged pursuant to this study to protect street children from the worst forms of child labour.

2. Child orphans and HIV/AIDS. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24/Rev.2, 2004, pages 98–99) that the estimated number of AIDS orphans in 2001 was about 930,000 children, making Nigeria the country with the highest number of AIDS orphans in the world. It also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 42 and 52) expressed its concern at the growing number of abandoned children and number of HIV/AIDS orphans and the lack of a comprehensive and well-resourced policy programme for the protection of orphans. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Special situation of girls. 1. Girls in refugee camps. The Committee noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 63 and 64) expressed its concern at reports of sexual exploitation of refugee girls within and outside of refugee camps, including female teenagers who are forced into prostitution. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children in refugee camps are protected from sexual exploitation.

2. Education. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 30) expressed its concern about the low enrolment rate and educational achievements of girls, the continuing high rates of illiteracy among girls, in particular in rural areas, and the decline in the quality of education. It also noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 61 and CRC/C/70/Add.24/
Rev.2, 2004, page 104) that it has developed, with the assistance of UNICEF, a strategy for the Acceleration of Girls’ Education in Nigeria (SAGEN). The Government added that extra measures have been taken in the northern states of Nigeria where socio-cultural hindrances militating against girls’ education have been noted. For instance, the Zamfara State government established a female education commission in 2001 which has boosted girls’ participation in primary and secondary education. The Committee asks the Government to pursue its efforts to improve girls’ access to education and to provide information on the impact of SAGEN in this respect.

Article 8. 1. Regional cooperation. The Committee noted that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 28) expressed its concern about the prevalence and extent of trafficking in Nigeria, which has become a country of origin and transit of trafficked women and girls. It also noted that Nigeria participates in the ILO/IPEC LUTRENA (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee further noted that a “Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa” was concluded on 27 July 2005 by the Governments of the Republics of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. The Committee asks the Government to provide information on the impact of the LUTRENA project and the “Multilateral Cooperation Agreement” in combating child trafficking in the region.

2. Bilateral agreements. The Committee noted that a national study on the sexual exploitation of children in Nigeria (the Federal Ministry of Women Affairs and Youth Development, December 2001, pages 8, 18, 19) reveals that between 700,000 and two million women and children are trafficked annually for sexual exploitation to Europe, especially to Italy, Belgium and the Netherlands. The Committee noted that, according to the “Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation” (September 2002, pages 3 and 38), most of Nigerian trafficked girls originate from southern states, namely Edo, Delta and Lagos.

The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraph 15.3 and CRC/C/70/Add.24/Rev.2, 2004, pages 31 and 66) that cooperation agreements have been signed between Nigeria and Spain, Italy, Benin and Saudi Arabia to identify, investigate and prosecute traffickers and to protect victims of human trafficking. The Government added that this effort will be replicated with other neighbouring countries like Niger, Chad, Cameroon, Mali, Togo and Burkina Faso. The Government further stated that about 300 children trafficked from Benin Republic to Nigeria were returned to Benin in 2003. The Committee also observed that, according to the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation, from 2000–02, the Italian help line received 474,000 requests of assistance and 2,700 judicial proceedings were under way in 2004. The Committee asks the Government to provide information on the adoption of any additional bilateral agreements and their impact on eliminating or reducing child trafficking.

3. Poverty eradication programme. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, page 6) that 70 per cent of the population lives below US$1 per day, and 90 per cent with less than US$2 per day. The Government added that it cooperates with the New Partnership for Africa’s Development on employment and poverty alleviation. It further stated that it launched a poverty eradication programme under which institutions were established to provide loans and microcredit to the poor as well as skill-acquisition training and other measures of empowerment to families to lift them out of poverty (CRC/C/70/Add.24, 17 September 2004, paragraph 27). The Committee requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. The Committee took note of the data provided in the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, 2000–01). It also asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes the Government’s first and second brief reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. The Committee notes that the Child Rights Act of 2003 prohibits the worst forms of child labour. Section 274 states that the provisions of the Act supersede all other laws to the contrary. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 11), the Child Rights Act has come into force in only four of the 36 states of Nigeria. The Committee requests the Government to take the necessary measures to ensure that the Act enters into force in all states.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. (i) Common law system. The Committee notes that, by virtue of sections 30(1), 30(2)(b) and 277 of the Child Rights Act of 2003, the sale and trafficking of children under 18 years of age is prohibited. The Act on Trafficking in Persons (Prohibition) Law Enforcement and Administration of 2003 (hereinafter the Anti-Trafficking Law), also contains detailed provisions prohibiting the trafficking of children under 18 years of age. Hence, the Anti-Trafficking Law prohibits the importation into Nigeria or exportation from Nigeria, of children under 18 years of age for prostitution (section 11); the procuring of persons under 18 years of age to leave Nigeria or their usual place of abode for the purpose of prostitution within or outside of Nigeria (section 14(2)); the importation, exportation, buying, selling, disposing or trafficking of a person for the purpose of slavery, servitude or debt bondage (sections 23 and 24(c)). The trafficking of persons for forced or compulsory recruitment in armed conflict is prohibited under section 15(c) of the Anti-Trafficking Law. Section 16 provides that whoever organizes or promotes sex tourism commits an offence.

At the state level, the Committee observes that the Criminal Code (southern states) of 1990, prohibits the procuring of a female to leave her usual place of abode in Nigeria for prostitution (section 223(4)), as well as the trading in, purchasing, selling, or transferring of a person for slavery (section 369). Regarding northern states, the Committee notes that, according to information available at the Office, the Penal Code prohibits the sale and trafficking of children for prostitution or other unlawful or immoral purposes (section 278), and for slavery (section 279). The Committee takes due note that numerous legal provisions prohibit the sale and trafficking of persons under 18 years of age.

(ii) Shari’a Law. The Committee notes that the Shari’a applies in 12 of the northern states, including Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara (CRC/C/15/Add.257, 28 January 2005, paragraph 78). It also notes that, by virtue of article 277(2) of the Constitution of 1999, the Shari’a Court of Appeal of a state will be competent when the parties to the proceedings, being Muslims, ask the Shari’a Court to hear their case according to the Islamic law. It further notes that, according to information available at the Office, section 3 of the Magistrates Courts (Restriction of Powers) Law of 2002 provides that all cases involving Muslims in Zamfara State shall be dealt with under the Shari’a courts. By virtue of section 234 of the Shari’a Penal Code of Zamfara State, it is prohibited to induce a female to go from one place to another to have illicit intercourse. Section 235 of the aforementioned Code states that whoever imports into the state, a girl or a woman for illicit intercourse with himself or another person commits an offence. The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children should be prohibited for both boys and girls under 18 years of age. The Committee asks the Government to provide a definition of the term "illicit intercourse" used under sections 234 and 235 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the sale and trafficking of girls and boys under 18 years of age for labour or sexual exploitation is prohibited throughout Nigeria.

2. Debt bondage serfdom and forced or compulsory labour. The Committee notes that, by virtue of sections 28(1)(a) and 277 of the Child Rights Act, children under 18 years of age shall not be exposed to forced or exploitative labour. Section 30(2)(b) provides that a child under 18 shall not be used for debt bondage, serfdom, forced or compulsory labour. The Committee also notes that sections 24(b) and (d) of the Anti-Trafficking Law prohibits slavery, servitude and debt bondage. Section 238 of the Shari’a Penal Code of the State of Zamfara also prohibits forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that sections 34(1) and 277 of the Child Rights Act provide that children under 18 years of age shall not be recruited into the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 26 of the Anti-Trafficking Law, it is an offence to: (a) cause or encourage the prostitution of children under 18 years of age; (b) manage a brothel; and (c) permit the defilement of children in brothels. Section 30(2)(e) of the Child Rights Act prohibits the procuring or offering a child under 18 for prostitution.

Shari’a Law. The Committee notes that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for the purpose of prostitution. Section 372 states that it is prohibited to manage a brothel. Section 374(1)(d) provides that a prostitute who behaves in an indecent manner in a public place, importunes or solicits a person for the purpose of prostitution commits an offence. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for prostitution is considered as one of the worst forms of child labour, and should therefore be prohibited. The Committee requests the Government to take the necessary measures to ensure that the prohibitions are extended to girls under 18 years of age and to boys. Noting the recommendation of the Committee on the Rights of the Child to the Government to avoid criminalizing child victims of sexual exploitation in all circumstances (CRC/C/15/Add.257, 28 January 2005, paragraph 72), the Committee strongly encourages the Government to take the necessary measures to ensure that children used, procured or offered for prostitution are considered as victims rather than offenders under the Shari’a.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. (i) Common law system. The Committee notes that sections 15 and 26 of the Anti-Trafficking Law provide that the procuring, use or offering of a person for the production of pornography or for pornographic performances constitutes an offence. Section 30(2)(e) of the Child Rights Act also prohibits the procuring or offering a child under 18 for the production of pornography or pornographic performances.

(ii) Shari’a Law. The Committee notes that, by virtue of section 237 of the Shari’a Penal Code of the State of Zamfara, it is an offence to buy, sell, hire, let to hire or otherwise obtain possession or dispose of a person under 15 years of age for prostitution or for any unlawful or immoral purposes. Section 370 of the abovementioned Law states that "whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself/herself in an indecent manner or in a manner contrary to the morality or wears indecent or immoral clothing" commits an offence. The Committee consequently notes that children forced to perform pornographic performances would be offenders under section 370 of the aforementioned Code. The Committee asks the Government to provide a definition of the terms "unlawful or immoral purposes" stated in section 237 of the Shari’a Penal Code of the State of Zamfara. It also requests the Government to take the necessary measures to ensure that the use, procuring or offering of girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under the Shari’a Penal Code of the State of Zamfara, as well as under the Shari’a applicable elsewhere. It further encourages the Government to take the necessary measures to ensure that children used, procured or offered for the production of pornography or for pornographic performances are considered as victims rather than offenders.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 25 of the Child Rights Act 2003, no one shall expose or involve a child under 18 years of age in the production or trafficking of drugs. It is also prohibited under section 26 of the Child Rights Act to employ, use or involve a child under 18 years of age in any activity involving or leading to the commission of an offence. The Committee also observes that section 30(2)(a) of the Act states that children under 18 shall not be used for begging, guiding beggars or any unlawful purpose.

Article 3, clause (d). Hazardous work. The Committee notes that, by virtue of section 59(6) of the Labour Act of 1990, persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. Section 28(1)(b) and 277 of the Child Rights Act provides that children under 18 shall not work except in light work.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication that the national legislation does not provide for a list of types of hazardous work but rather for scattered provisions. Indeed, sections 28(1)(c) and 28(2) of the Child Rights Act state that children under 18 years of age shall not lift, carry or move heavy materials that are likely to harm their health or work in undertakings. It also observes that it is prohibited to employ a person under 18 years of age: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act).

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d), shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee notes that section 78 of the Labour Act states that authorized labour officers are entitled to enter and inspect workplaces. Similar powers are conferred on the inspectors under section 65 of the Factories Act. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. NAPTP. The Committee notes that the Anti-Trafficking Law provides for the establishment of the National Agency for the Prohibition of Traffic in Persons (NAPTP) which shall be responsible for: (i) harmonizing and enforcing all the laws concerning the traffic in human beings; (ii) increasing the effectiveness of the law enforcement bodies to suppress traffic in persons; (iii) establishing and securing communication between the different bodies concerned; (iv) strengthening cooperation between the office of the Attorney General, the Police, the Immigration Service, the Customs Service, the Prison Service, and other law enforcement agencies; and (v) ensuring the rehabilitation of trafficked persons. It also notes that, by virtue of section 5 of the abovementioned Law, the NAPTP is entitled to conduct investigations to ascertain whether any person has committed an offence under the Anti-Trafficking Law. It further notes that, according to section 35 of the Anti-Trafficking Act, police officers, customs officers, immigration officers, or the Chairperson of NAPTP have large powers to enter, search and arrest. The Committee asks the Government to provide information on the activities of the NAPTP as well as on the number of investigations involving trafficking in persons conducted by police officers, customs officers, immigration officers and their findings.

3. National Tripartite Steering Committee on Child Labour (NTSCCL). The Committee notes the Government’s indication that a NTSCCL was set up in cooperation with ILO/IPEC. It also notes that one of the objectives of the ILO/IPEC programme entitled "Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa" is to facilitate the implementation, by 2005, of child labour programmes. It further notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24, 17 September 2004, paragraph 29) that the programmes concerning child rights are not effectively implemented, and that there is need for monitoring activities. The Committee accordingly asks the Government to provide information on the activities of the NTSCCL and to indicate whether this monitoring mechanism has contributed to improving the implementation of child labour programmes.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Memorandum of Understanding to Eliminate the Worst forms of Child Labour (MOU). The Committee notes that the Government signed a MOU with ILO/IPEC in 2000. The project "Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa (CBP) Nigeria" was adopted under the MOU to provide the Government, workers’ and employers’ organizations, non-governmental organizations and other partners with technical skills and organization ability to formulate and implement programmes of action to prevent and eliminate the worst forms of child labour. The Committee notes that, according to the ILO/IPEC technical progress report of June 2004, four action programmes have been launched and partners are highly mobilized and committed toward the achievement of the project’s objectives. The Committee accordingly asks the Government to provide information on the concrete measures taken under the MOU and their impact on preventing and eliminating the worst forms of child labour.

2. Child domestic workers. The Committee notes that one of the objectives of the ILO/IPEC programme entitled "Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa" was to assess, by June 2004, the number of child domestic workers in south-east and south-west Nigeria and their working conditions. Another objective of the programme is to withdraw and rehabilitate 2,000 child domestic workers between April 2004 and April 2005. The Committee requests the Government to provide a copy of the rapid assessment on child domestic workers as well as information on the impact of the abovementioned programme on withdrawing and rehabilitating child domestic workers.

Article 7, paragraph 1. 1. Penalties. The Committee notes that sections 28(3) and 30(3) of the Child Rights Act and sections 11, 14, 23 and 24 of the Anti-Trafficking Law, provide for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the sale and trafficking of children for labour or sexual exploitation, debt bondage, forced or compulsory labour. It also observes that section 26 of the of the Anti-Trafficking Law and sections 25, 26 and 30(3) of the Child Rights Act, provide for sufficiently adequate penalties for the violation of the provisions prohibiting the use, procuring or offering of a child a person for prostitution, the production of pornography or for pornographic material or for illicit activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Regarding the violation of the prohibition to employ children in hazardous occupations, section 64(1) of the Labour Act provides for a maximum fine of 100 Naira (approximately 0.80 US dollars) whereas section 28(3) and (4) of the Child Rights Act states that whoever employs a child under 18 years of age in any occupation except light work is liable to a fine of 50,000 Naira and five years’ imprisonment. The Committee requests 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.

2. Corruption. The Committee notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 21), corruption is widespread in the country. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved with regard to reducing corruption practices in Nigeria.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee observes that, according to article 18(3)(a) of the Constitution, the Government shall provide for free, compulsory and universal education. It also notes the Government’s indication to the Committee on the Rights of the Child that a Universal Basic Education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2, 2004, pages 104, 113 and 114). The Government adds that only about 57 per cent of school-age children (10-15 years) are enrolled in primary education. In the north-west, school attendance rates fall to 28 per cent. The Government further indicates that education was given the highest priority in the state party’s annual budget and that some state governments took initiatives, such as the school meal plus programme, to facilitate access to education (CRC/C/70/Add.24, 17 September 2004, paragraph 31). The Committee nevertheless notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 13 April 2005, paragraph 61) expressed its concern at the unavailability in many parts of Nigeria of free, compulsory and universal primary education, high levels of absenteeism and school dropout rates, in part due to school fees which constitute a burden for parents in sending children to schools. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to redouble its efforts to improve access to free basic education for all children and to substantially reduce dropout rates.

2. Forced child labour. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 73 and 74) expressed its grave concern at the reports of forced child labour in Nigeria. It acknowledged the efforts made by the state party to reduce this phenomenon; however it regretted that the outcomes of such efforts have been poor. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to prevent the engagement of children in forced labour.

3. Children working in the agricultural sector. The Committee notes that Nigeria participates in an ILO/IPEC Programme entitled "West Africa Cocoa/Commercial Agriculture Programme to Combat Hazardous and Exploitative Child Labour", launched in 2002. It aims at: (i) strengthening the capacity of the public and private sectors to initiate, implement and monitor programmes to eliminate child labour; (ii) raising awareness among children, families and communities on hazards faced by child workers in the agricultural sector and existing alternatives; and (iii) testing pilot interventions to withdraw children from hazardous work. The Committee notes that, according to an ILO/IPEC report of June 2004 on the implementation of the programme, a health and safety study is under way to assess the hazards in cocoa farms and that proposals for action programmes are under review. The Committee asks the Government to supply a copy of the study on health and safety hazards in cocoa farms as well as information on the concrete measures taken to ensure that children working in the agricultural sector, especially in cocoa farms do not perform hazardous work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. The Committee notes that, according to a national study on the sexual exploitation of children in Nigeria (Federal Ministry of Women Affairs and Youth Development, December 2001, page 8), 1,178 Nigerian woman and child victims of trafficking were deported back to their country between March 1999 and December 2000. It also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraphs 15.2 and 15.3) that the federal Government, the state governments and the local communities established, in collaboration with ILO/IPEC, two pilot emergency shelter centres for the rescue of trafficked children. The International Organization for Migration (IOM) also assisted the Government in establishing a shelter in Benin City and Lagos for the rehabilitation of trafficked persons. The Committee notes the Government’s indication that 160 child victims of trafficking were repatriated in 2005.

The Committee notes however that, according to project entitled "the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the purpose of Sexual Exploitation" (United Nations Interregional Crime and Justice Research Institute (UNODC), July 2003, pages 81 and 83), victims of trafficking complained about not being properly rehabilitated in the society and 46.9 per cent of those interviewed were not aware of any victim protection services from NGOs or other organizations in their vicinity. It also notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 71) expressed its concern over child victims of sexual exploitation who often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime. The Committee asks the Government to continue its efforts to provide for the rehabilitation and social integration of child victims of trafficking.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 69) expressed its concern at the increasing number of children living and working on the street, and regretted the lack of information about specific mechanisms and measures to address their situation. The Committee notes that the Government conducted a study on street children with the assistance of ILO/IPEC, UNODC and UNICEF in the beginning of 2005. The Committee accordingly asks the Government to supply a copy undertake of the study and to provide information on the measures taken or envisaged pursuant to this study to protect street children from the worst forms of child labour.

2. Child orphans and HIV/AIDS. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.24/Rev.2, 2004, pages 98-99) that the estimated number of AIDS orphans in 2001 was about 930,000 children, making Nigeria the country with the highest number of AIDS orphans in the world. It also notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 42 and 52) expressed its concern at the growing number of abandoned children and number of HIV/AIDS orphans and the lack of a comprehensive and well-resourced policy programme for the protection of orphans. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Special situation of girls. 1. Girls in refugee camps. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraphs 63 and 64) expressed its concern at reports of sexual exploitation of refugee girls within and outside of refugee camps, including female teenagers who are forced into prostitution. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children in refugee camps are protected from sexual exploitation.

2. Education. The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 30) expressed its concern about the low enrolment rate and educational achievements of girls, the continuing high rates of illiteracy among girls, in particular in rural areas, and the decline in the quality of education. It also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 61 and CRC/C/70/Add.24/
Rev.2, 2004, page 104) that it has developed, with the assistance of UNICEF, a strategy for the Acceleration of Girls’ Education in Nigeria (SAGEN). The Government adds that extra measures have been taken in the northern states of Nigeria where socio-cultural hindrances militating against girls’ education have been noted. For instance, the Zamfara State government established a female education commission in 2001 which has boosted girls’ participation in primary and secondary education. The Committee asks the Government to pursue its efforts to improve girls’ access to education and to provide information on the impact of SAGEN in this respect.

Article 8. 1. International cooperation. The Committee notes that Nigeria is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Nigeria ratified the Convention on the Rights of the Child in 1991, as well as the Supplementary Protocol to Prevent, Suppress and Punish the Trafficking in Persons especially Women and Children in 2001. It signed the Optional Protocol on the Involvement of Children in Armed Conflicts in 2000 and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000.

2. Regional cooperation. The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW/C/2004/I/CRP.3/Add.2, 30 January 2004, paragraph 28) expressed its concern about the prevalence and extent of trafficking in Nigeria, which has become a country of origin and transit of trafficked women and girls. It also notes that Nigeria participates in the ILO/IPEC LUTRENA (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee further notes that a "Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa" was concluded on 27 July 2005 by the Governments of the Republics of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. The Committee asks the Government to provide information on the impact of the LUTRENA project and the "Multilateral Cooperation Agreement" in combating child trafficking in the region.

3. Bilateral agreements. The Committee notes that a national study on the sexual exploitation of children in Nigeria (the Federal Ministry of Women Affairs and Youth Development, December 2001, pages 8, 18, 19) reveals that between 700,000 and two million women and children are trafficked annually for sexual exploitation to Europe, especially to Italy, Belgium and the Netherlands. The Committee notes that, according to the "Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation" (September 2002, pages 3 and 38), most of Nigerian trafficked girls originate from southern states, namely Edo, Delta and Lagos.

The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, paragraph 15.3 and CRC/C/70/Add.24/Rev.2, 2004, pages 31 and 66) that cooperation agreements have been signed between Nigeria and Spain, Italy, Benin and Saudi Arabia to identify, investigate and prosecute traffickers and to protect victims of human trafficking. The Government adds that this effort will be replicated with other neighbouring countries like Niger, Chad, Cameroon, Mali, Togo and Burkina Faso. The Government further states that about 300 children trafficked from Benin Republic to Nigeria were returned to Benin in 2003. The Committee also observes that, according to the Programme of Action against Trafficking in Minors and Young Women from Nigeria to Italy for the Purpose of Sexual Exploitation, from 2000-02, the Italian help line received 474,000 requests of assistance and 2,700 judicial proceedings were under way in 2004. The Committee asks the Government to provide information on the adoption of any additional bilateral agreements and their impact on eliminating or reducing child trafficking.

4. Poverty Eradication Programme. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp/72, 26 November 2004, page 6) that 70 per cent of the population lives below US$1 per day, and 90 per cent with less than US$2 per day. The Government adds that it cooperates with the New Partnership for Africa’s Development on employment and poverty alleviation. It further states that it launched a poverty eradication programme under which institutions were established to provide loans and microcredit to the poor as well as skill-acquisition training and other measures of empowerment to families to lift them out of poverty (CRC/C/70/Add.24, 17 September 2004, paragraph 27). The Committee requests the Government to provide information on any notable impact of the poverty eradication programme on eliminating the worst forms of child labour.

Part V of the report form. The Committee takes note of the data provided in the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO/SIMPOC, 2000-01). It also asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.