Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Nigeria (Ratificación : 2002)

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Observación

Solicitud directa

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

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

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

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

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

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

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