Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C138

Observation

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of a National Policy on Child Labour, 2013, followed by a National Action Plan for the Elimination of Child Labour 2013–17 (NAP). It noted that the ultimate goal of the National Policy on Child Labour is to provide standardized guidelines for actors implementing the NAP with a view to drastically reducing the prevalence of child labour by 2015 and its total elimination by 2020. The Committee noted from the Government’s report that the National Policy on Child Labour would be implemented through cost-effective measures. The Committee further noted that according to a report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour, with 10.5 million children involved in child labour. The Committee expressed its deep concern at the large number of children under the minimum age for admission to employment who are working in Nigeria.

The Committee notes the Government’s information in its report that it has taken the initiative to avail itself of ILO technical support in strengthening the implementation of the NAP. In this regard, the Government reports that meetings have been held with various stakeholders and a national reporting template on child labour has been developed. It further indicates that the reporting template will serve as a monitoring and evaluation mechanism thereby ensuring that the activities of each stakeholder are harmonized. It will also provide a benchmark for the annual report on child labour activities in the country. The Committee takes note, from the ILO Office in Abuja, that this reporting template has been validated by the members of the National Steering Committee on child labour, along with guidelines for completing the reporting template. These documents will help the Child Labour Unit monitor the interventions on the elimination of child labour at the national level. While noting the steps taken by the Government, the Committee urges it to strengthen its efforts to ensure the elimination of child labour. The Committee further requests that the Government continue to provide detailed information on the implementation of the NAP and the results achieved in eliminating child labour in the country, in particular results from the reporting templates. Lastly, the Committee requests that the Government provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

Article 2(1). Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Labour Act applies to all employees. An “employee”, according to section 60 of the Bill, means any person employed by another under oral or written contract of employment, whether on a continuous, part-time, temporary or casual basis, and includes a domestic servant who is not a member of the family of the employer. The Committee observed that children working outside a formal labour relationship, such as children working on their own account or in the informal economy, are excluded from the provisions giving effect to the Convention. In this regard, the Committee noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector, which includes crafts and artisanal work and street-related activities, as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry, and garment manufacturing. The Committee noted the statement made by the Government representative of Nigeria to the Conference Committee on the Application of Standards of June 2016 that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision. The Government representative further indicated that this revision would be done in consultation with the social partners, and would take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy. The Committee urged the Government to take the necessary measures to revise the Labour Standards Bill, thereby ensuring the protection for all working children, including self-employed children and children working in the informal economy. It also requested that the Government take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

The Committee notes the Government’s information that the Labour Standards Bill has been withdrawn from the National Assembly and is now being reviewed by the Tripartite Technical Committee. The Government indicates that the Tripartite Technical Committee has made the necessary amendments to ensure that the definition of an “employee” gives protection to all working children in both the formal and informal economy. This is reflected in the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, attached to the Government’s report. The Committee urges the Government to take the necessary measures to ensure that the Labour Standards Bill, which establishes the protection of all working children, including self-employed children and children working in the informal economy, is officially adopted in the near future. It requests that the Government provide information on any progress made in this regard. It further requests that the Government provide information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate to the informal economy.

2. Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention.

The Committee takes note of the indication of the Government that the minimum age for employment or work is 15 years, as per the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017. The Committee urges the Government to take the necessary steps to ensure that the Labour Standards Bill, which establishes a minimum age of 15 years for employment or work, is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted from a report entitled “List of hazardous child labour in Nigeria”, 2013, by the Federal Ministry of Labour and Productivity, that a study was conducted to identify and determine the most hazardous conditions to which children under 18 years are exposed in various occupations in Nigeria. The study identified certain hazardous types of work, including agriculture (cocoa and rice farming), quarrying, artisanal mining, traditional tie and dye, processing of animal skin, domestic services, scavenging and recycling collection, street work, begging, construction and transport works. The Committee noted that at the Conference Committee, the Government representative of Nigeria stated that the “List of hazardous child labour in Nigeria”, which provided maximum protection for children from extremely hazardous working conditions, had been adopted. The Committee noted with concern that the copy of the hazardous list, which the Government representative of Nigeria was referring to and which had been sent along with its recent report, was not a regulation prohibiting hazardous types of work, but a study that was conducted by a technical subcommittee set up by the National Steering Committee to identify the most hazardous conditions to which children under 18 years are exposed in Nigeria. The report based on the study, in its recommendations, states that “the urgent need to prohibit the involvement of children in identified tasks/activities should be accorded priority”. The Committee further noted the ILO–IPEC information that the final list of hazardous work identified in the study has been validated by the National Steering Committee and is currently awaiting official endorsement.

The Committee notes the Government’s information that the necessary amendments were made to establish the list of hazardous work prohibited to children under 18 years of age. It notes from the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, that in relation to the list of hazardous work drafted by the National Steering Committee, section 60 of the Labour Standards Bill should have as its first schedule, section 7(2)(d): “List of hazardous work”. The Committee once again urges the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous child labour is adopted and implemented, thereby prohibiting hazardous types of work to children under 18 years of age. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 years to undertake an apprenticeship for a maximum period of five years, while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age. The Committee noted the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would establish a minimum age of 14 years for apprenticeship programmes.

The Committee notes the Government’s information that the Stakeholders Committee on the Review of the National Labour Bills has agreed to establish the minimum age of 14 years for apprenticeship programmes, and therefore amend section 46 of the Labour Standards Bill accordingly. The Committee urges the Government to take the necessary steps to ensure that the Labour Standards Bill, establishing a minimum age of 14 years for apprenticeship programmes, is revised and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work. It also noted that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, does not indicate the lower minimum age at which such work may be permitted. In this regard, the Committee noted that according to the Multiple Indicator Cluster Survey Report of 2011 (UNICEF–National Bureau of Statistics, Nigeria), 47 per cent of children aged between 5 and 14 years were engaged in child labour. It reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13–15 years to perform 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. The Committee noted the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would fix the lower minimum age of 13 years for admission to light work.

The Committee notes the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills has agreed to establish the minimum age of 13 years for admission to light work. The Committee accordingly urges the Government to take the necessary steps to ensure that the Labour Standards Bill establishing a minimum age of 13 years for admission to light work is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

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 and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. It also observed that the maximum working hours of eight hours per day prescribed under section 59(8) of the Labour Act would necessarily 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. It noted that the Labour Standards Bill did not contain any provision regulating the employment of children in light work. The Committee drew 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 noted the statement made by the Government representative that the revision of the Labour Standards Bill would ensure that the light work activities by children aged 13 years and above is regulated.

The Committee notes the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills agreed with the ILO recommendations on light work conditions and maximum hours of work, but requests further ILO technical assistance for the drafting of the list of light work conditions. The Committee accordingly urges the Government to take the necessary measures, during the current revision of the Labour Standards Bill, 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 that the Government provide information on the measures taken in this regard.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments while currently revising the Labour Standards Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee once again reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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