Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Nigéria (Ratification: 1960)

Autre commentaire sur C097

Observation

Demande directe

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Previous observation and previous direct request

Migration flows. The Committee notes the Government’s statement in its report that, as already indicated in 2017, it is still working on the development of a module to obtain verifiable and comprehensive statistics on migration flows. It notes from the National Policy on Migration (revised in 2020) that, in 2019, there were approximately: (1) 1.44 million Nigerians living abroad (47 per cent of women), with 22 per cent living in the United States of America, 14 per cent in the United Kingdom, 10 per cent in Cameroon and 9 per cent in Niger; and (2) 1.26 million migrants in Nigeria (45 per cent women), with 29 per cent from Benin, 19 per cent from Ghana, 13 per cent from Mali and 12 per cent from Togo. The Committee requests the Government to provide: (i) information on the progress made in the development of a module for the collection of comprehensive labour statistics on migration flows to and from the country; and (ii) any available up-to-date statistical data in migration flows.

Article 1 of the Convention. Information on national laws and policies. The Committee notes that the Government’s report contains a list of measures taken under the Action Plan implementing the National Policy on Labour Migration 2014. Among these measures, the Committee notes: (1) the creation of a Technical Working Committee on Labour Migration; (2) the establishment of Migrant Resource Centres in Lagos, Edo and Abuja; (3) the establishment of an International Labour Migration Division within the Federal Ministry of Labour and Employment for the effective coordination of organised labour migration in Nigeria; (4) capacity-building activities for the staff of the Federal Ministry of Labour and Employment and the members of the above-mentioned Technical Working Committee; (5) media/information campaigns to educate and raise awareness of Nigerians on the adverse consequences of irregular migration; and (6) the organization of pre-departure orientation seminars for overseas job placements for migrant workers in the Gulf countries. The Committee takes due note of the revision, in 2020, of the National Policy on Labour Migration, but it notes from the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) that budgetary allocations have yet to be made for the implementation by the Federal Ministry of Labour and Employment of this National Policy on Labour Migration (CMW/C/NGA/CO/1-2, 13 April 2023, paragraphs 9(b) and 18).

The Committee welcomes the Government’s efforts to implement, in cooperation with the ILO: (1) the ILO Initiative for Labour Migration, Employment and Reintegration in Nigeria and Ghana (LMER) (January 2019–September 2020) to promote fair and effective labour migration governance frameworks and enhance employment and income generating opportunities of potential and returning migrants in a sustainable manner; (2) the ongoing ILO FAIRWAY Programme, which aims to improve conditions of labour migration across migration pathways from Africa to Arab States in the Middle East and to better protect all migrant workers in vulnerable situations within the Arab states region; and (3) the Employment and Reintegration in Nigeria Project (December 2021–April 2023), which aimed to strengthen the capacity of relevant stakeholders in Nigeria to provide advisory and support services to returnees and the local population in the areas of employment promotion, income generation and return and reintegration, and advance the generation of statistical data. The Committee requests the Government to pursue its efforts and continue to provide information on: (i) general agreements and special arrangements on questions relating to the application of the Convention; and (ii) the measures taken in the framework of the National Policy on Labour Migration, specifically on the results achieved in the furtherance of the objectives of the Convention.

Articles 2, 4 and 7. Information and assistance services to migrant workers. With regard to its previous request for information on the types of services available to migrant workers, the Committee notes the Government’s indication that it established Migrant Resource Centres in three states (Lagos, Edo and Abuja) and job centres across the country to serve as “one-stop shops” where foreign workers can access relevant information and a wide range of services. The Government also indicates that the Federal Ministry of Labour and Employment, through these Migrant Resource Centres, provides: (1) pre-departure orientation seminars for private employment agencies; (2) protection of migrant workers through the approval of employment contracts between the migrant workers and private employment agencies recruiting for overseas placement and referrals services to returning migrants; (3) monitoring of private employment agencies to ensure compliance with labour laws and to prevent forced labour and human trafficking; (4) the establishment of a Labour Market Information System (LMIS) which will serve as an informational platform for jobseekers; (5) production of information brochures, calendars, handbills and posters with different messages to create awareness on the risks associated with irregular migration; and (6) licensing and monitoring of private employment agencies recruiting for domestic and overseas employment to prevent unfair labour practices and abuse in the recruitment process. The Committee further notes that the CMW underlined that migrant workers, in particular domestic migrant workers, are often unaware of the free-of-charge services of the Federal Ministry of Labour and Employment available to them, including labour inspections and complaint mechanisms (CMW/C/NGA/CO/1-2, paragraph 46(c)). The Committee encourages the Government to pursue its efforts and requests it to continue providing information on: (i) the type of services which are provided for outgoing and returning migrant workers, in practice, on the basis of the National Policy on Labour Migration or otherwise; and (ii) the measures taken to maintain adequate and free services to assist foreign workers, including foreign domestic workers, and to provide them with accurate information.

Article 3. Misleading information. The Committee notes the Government’s indication that in its efforts to address misleading propaganda relating to migration from employment agencies, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) undertook awareness-raising campaigns and workshops on the risks of human trafficking and irregular migration. The Government also adopted the Trafficking in Persons (Control of Activities of Organizations and Centres) Regulations 2019. The Committee notes that these Regulations set out the framework for the delivery of a clearance certificate to travel agents, tour operators or intending travellers for the purpose of, among others, recruitment for labour, and organizations “offering services for the purpose of rehabilitation of trafficked persons”. The Committee further notes the Government’s indication that, in 2022, the Nigerian Immigration Services (NIS) launched a nationwide sensitization workshop on the dangers of smuggling of migrants. It also notes, from the 2019 Report of the United Nations Special Rapporteur on trafficking in persons, especially women and children: (1) the efforts of the NAPTIP in putting an emphasis on prevention by, inter alia, carrying out awareness-raising programmes in partnership with civil society organizations; (2) the success of the NAPTIP in advocating for the integration of anti-trafficking education into the curricula for primary and secondary schools; (3) the invaluable commitment of survivors, who have been carrying out awareness-raising campaigns in schools, churches and mosques; and (4) several initiatives, including many sponsored by the European Union and its member States, aimed at supporting awareness-raising campaigns on the risks of human trafficking and irregular migration. Despite these efforts, the Special Rapporteur highlighted that, given the very limited existing channels for safe and regular migration, especially to Europe, awareness-raising had proved to be insufficient if not coupled with the development of programmes offering education, vocational training and literacy as well as long-term interventions resulting in real economic empowerment (A/HRC/41/46/Add.1, 16 April 2019, paragraphs 72 and 73). The Committee requests the Government to pursue its efforts and to provide information on: (i) any new measures taken by NAPTIP against misleading propaganda relating to emigration and immigration from employment agencies and employers; and (ii) any additional measures taken against the dissemination of false information to migrant workers on job opportunities or conditions in the countries of destination, and the risks of irregular migration. Please indicate whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them.

Social security. With regard to social security rights for foreign workers who departed from Nigeria, the Committee notes the Government’s confirmation that the Employee’s Compensation Act 2010 applies to all workers on an equal footing, including migrant workers. The Committee also notes the Government’s statement that all workers, including foreign workers, are entitled to the pension contributions they participated in, but it does not specify if this right is maintained for migrant workers who have departed from Nigeria. The Committee therefore again requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights.

Article 6. Equality of treatment. The Committee notes the Government’s indication that the Labour Standards Bill, which aims to include the ground of nationality as a prohibited ground of discrimination in employment and occupation, was approved by the Federal Executive Council and is before the Ministry of Justice for legal drafting and onward transmission to the National Assembly. The Committee further notes, that one of the main objectives of the National Policy on Migration is to “ensure non-discrimination and equality of treatment for all workers, migrants, and nationals abroad and at home”. The Committee takes note that the Government indicates that no report of cases of unequal treatment of migrant workers was brought to the attention of labour inspectors or any other competent authorities or detected by them. The Committee asks the Government to continue to provide information on any cases of unequal treatment of migrant workers in law or in practice brought to the attention of labour inspectors or any other competent authorities or detected by them.

Article 8. Maintenance of residence in case of incapacity for work. With regard to the right of incapacitated foreign workers to maintain residence in Nigeria, the Committee notes the Government’s reiterated reply that, under section 7(1) of the Employee Compensation Act 2010, migrant workers are entitled to compensation when they are incapacitated, as are nationals. However, the Committee notes that it remains unclear if migrant workers who have been admitted on a permanent basis are guaranteed that their permanent residence is maintained even if the migrant worker is unable to follow his occupation by reason of illness contracted or injury sustained subsequent to entry. The Committee therefore once again requests the Government to clarify whether the right of residence of migrant workers who have been admitted on a permanent basis and who have an incapacity to work is maintained even if the worker has lack of means and has to rely on public funds.