Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nigeria (Ratification: 2002)

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the Government’s indication that new labour legislation had been prepared which also includes provisions on equality of opportunity and treatment. The Committee trusts that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the report contains no information regarding the National Gender Policy which, the Committee hoped would set out clear objectives with regard to the promotion of gender equality in employment and occupation and envisage concrete measures to this end. The Committee requests the Government to provide:

(a)   a copy of the National Gender Policy, as well as full information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training;

(b)   information on the measures taken to promote the access of rural women to training, employment and occupation;

(c)   statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern over discriminatory practices in the private sector, particularly in the banking sector, with respect to maternity and marital status (CEDAW, C/NGA/CO/6, 18 July 2008, paragraph 29). The Committee requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of workers’ and employers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s decent. In this regard, the Committee noted the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee reiterates its request to the Government to elaborate on the measures taken to combat such practices, including through awareness raising. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee notes the Government’s indication from the Government’s report that at the end of 2004 women amounted to 29.5 per cent of persons in the Federal Civil Service. Within the Ministry of Justice, women only represented 18.7 per cent. The data provided appears to suggest that women are overrepresented in administrative and clerical work. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in its previous comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management position within these bodies.