Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

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

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

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

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

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

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

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