Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - Nigéria (Ratification: 2002)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) of the Convention. Scope of application. 1. Self-employed children. The Committee had previously noted that by virtue of section 91 of the Labour Act, a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee had reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship, such as self-employment. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act. In this respect, it requests the Government to envisage the possibility of amending section 91 of the Labour Act as well as taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to work. The Committee had noted that by virtue of section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee had also noted that, according to sections 28(1)(b) and 277 of the Child Rights Act of 2003, a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Moreover, the Committee had observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording as that of section 59(1) of the Labour Act of 1990, in other words, fixing a general minimum age of admission to work or employment of 12 years and did not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. In this regard, the Committee had noted with concern that the national legislation provided for a wide variety of minimum ages, and that many of these minimum ages were too low.

The Committee notes the Government’s statement that the Legal Departments of the Federal Ministry of Labour and Productivity and the Federal Ministry of Women’s Affairs and Social Development have been required to provide legal advice on this matter. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to harmonize its legislation and to provide for a general minimum age for admission to employment or work of 15 years. The Committee requests the Government to provide information on any progress made in this regard.

3. Children working in agriculture and domestic services. The Committee notes that the Labour Act permits the employment of children under the age of 12 years in agriculture, horticulture and domestic services. Section 65 of the Labour Act further provides that the Minister may make regulations concerning the employment of women and young persons as domestic servants. The Committee notes that, according to the UNICEF Information Sheet on Child Labour in Nigeria, 2006, an estimated 15 million children under the age of 14 years work in Nigeria, mostly in the semi-formal and informal economy with hundreds of thousands of young domestic workers working for prosperous urban families. It also notes the information from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that children in Nigeria are engaged in dangerous activities in agriculture and domestic service. Children engaged in work in cocoa plantations are often exposed to pesticides and chemical fertilizers. The Committee expresses its serious concern at the situation and number of children below the minimum age who work as domestic workers and in the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to work in agriculture or in domestic work, except for light work as laid down under Article 7(1) of the Convention. It also asks the Government to indicate whether a regulation on domestic service was adopted pursuant to section 65 of the Labour Act.

Article 3(2). Determination of hazardous work. The Committee had previously noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children. It had therefore requested the Government to take the necessary measures to determine in detail the types of work, which, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

The Committee notes the Government’s indication that the Occupational Safety and Health Bill, which is currently before the National Assembly for approval, contains the list of types of hazardous work prohibited to young persons under the age of 18 years. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Occupational Safety and Health Bill, which contains a list of types of hazardous work prohibited to young persons under the age of 18 years, will be adopted in the near future. It requests the Government to supply a copy, once it has been adopted.

Article 6. Apprenticeship. The Committee had previously noted that, according to section 49(1) of the Labour Act, a person aged 12–16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12–16 years into apprenticeship (section 52(e) of the Labour Act). The Committee had also noted that the Committee on the Rights of the Child (CRC) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships (CRC/C/15/Add.257, 28 January 2005, paragraph 73). The Committee had reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. Noting that the Government’s report does not contain a reply to its previous comment, the Committee once again requests the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7(1). Minimum age for admission to light work. The Committee had previously observed that neither the provisions under section 59(1) of the Labour Act, nor section 28(1)(b) of the Child Rights Act provide for a minimum age for admission to light work.

The Committee notes the Government’s information that in practice children under 12 years of age do not perform light work. The Committee notes, however, that according to the Multiple Indicator Cluster Survey Report of 2007 (UNICEF/National Bureau of Statistics, Nigeria), 29 per cent of children aged between 5 and 14 years are engaged in child labour. The Committee once again reminds the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit the employment or work of children aged 13–15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. In this regard, the Committee draws the Government’s attention to paragraph 393 of the General Survey of 2012 on the fundamental Conventions concerning rights at work, on the requirement to establish a minimum age for admission to light work, in conformity with the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13–15 years may perform light work.

Article 7(3). Determination of light work. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken were not clearly defined in the Labour Act or in the Child Rights Act.

The Committee notes the Government’s reference to section 59(3) and (8) of the Labour Act. According to section 59(3), young persons under the age of 14 years may be employed only on a daily wage, on a day-to-day basis and as long as they return to their place of residence each night. Section 59(8) further states that no young persons under the age of 16 years shall be required to work for a longer period than four consecutive hours or permitted to work for more than eight working hours in any day. The Committee observes that section 59(3) does not prescribe the number of hours during which light work may be permitted to young persons under the age of 14 years. It further observes that the maximum working hours of eight hours a day prescribed under section 59(8) may prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes as laid down under Article 7(1)(b) of the Convention. The Committee therefore once again draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken as well as the types of activities that constitute light work. It requests the Government to provide information on the measures taken in this regard.

Part III of the report form. Labour inspectorate. The Committee notes from the Government’s report of 2009 under the Labour Inspection Convention, 1947 (No. 81), that the labour inspectorate has not been very effective for the following reasons: (i) inadequate manpower and working materials; (ii) inadequate funding and capacity building; and (iii) obsolete laws (to the extent that the labour laws are reviewed but are pending at the National Assembly for approval). The Government’s report under Convention No. 81 further indicated that the Government has established child labour units in all the 36 states and the Federal Capital Territory with the responsibility of coordinating child labour inspection. The Committee requests the Government to provide information on the functioning of the child labour units with regard to the child labour inspections carried out and on the number and nature of violations detected. It also requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Part V of the report form. Application of the Convention in practice. The Committee notes from the concluding observations of the CRC of June 2010 that, in Nigeria, public awareness campaigns to combat the economic exploitation of children were carried out, child labour units were established in all states and a survey was conducted in 2008 to identify the prevalence and nature of child labour. The CRC, however, remained seriously concerned at the very high number of children engaged in child labour, in particular in its worst forms (CRC/C/NGA/CO/3-4, paragraph 82). The Committee further notes the information from a report available on the website of the UNHCR that in May 2011 the Ministry of Labour and Productivity (MOLP) reportedly collected data from state governments on the prevalence of child labour. The Committee requests the Government to provide information on the data collected on the situation of working children in Nigeria during the 2008 survey and by the MOLP in 2011. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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