Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Nigeria (Ratification: 2002)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Nigeria has participated in several of ILO–IPEC’s regional projects, such as the “West Africa cocoa/commercial agriculture programme to combat hazardous and exploitative child labour” (WACAP project 2002–06) and the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS” (ECOWAS project-II, 2009–13). The Committee notes the information from ILO–IPEC that, within the framework of the WACAP project, a total of 1,017 children were assisted through educational services and 528 children benefited through non-educational services, while 505 families of child beneficiaries were trained in various income-generating activities. It also notes that within the ECOWAS project: (i) a National Policy on Child Labour and a National Action Plan against Child Labour (NAPCL) have been drafted and presented before the National Steering Committee for validation; (ii) a subcommittee for the identification of hazardous work in Nigeria has been constituted; (iii) a two-day capacity-building and sensitization workshop on child labour was held in May 2012 in Abeokuta and Ibadan; and (iv) three main market sensitization rallies on the hazards of child labour and importance of education were held in Abeokuta, Abuja and Ibadan markets in June 2012. The Committee requests the Government to take the necessary measures to validate and adopt the National Policy on Child Labour and the National Action Plan against Child Labour developed within the ECOWAS project. It also requests the Government to provide information on its implementation and impact on eliminating child labour.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments the Committee notes that according to section 2 of the Compulsory, Free Universal Basic Education Act of 2004, every state government in Nigeria shall provide free and compulsory basic education for every child of primary and junior secondary school age and that all parents should ensure that their children attend and complete compulsory education. According to section 15 of the Act of 2004, primary education covers six years of education between the ages of 6 and 12 years and junior secondary education includes three years of education from 12 to 15 years. The Committee consequently notes that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observation of 21 June 2010, expressed concern at the high percentage of the primary school-age population that is not enrolled in schools as well as the very low national primary school completion rate and the low net secondary school enrolment rate (CRC/C/NGA/CO/3-4, paragraph 71). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the country’s education system, particularly by increasing the primary and secondary enrolment rates and decreasing the drop-out rates. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 8. Artistic performances. The Committee had previously observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. It had reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organizations of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. 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 grant permits as well as to prescribe the conditions subject to which permits are granted for children under the minimum age and who are willing to participate in artistic performances.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that the penalties under the Labour Law have been reviewed and the fines imposed have been increased in the Labour Standards Bill which is currently before the National Assembly. The Committee expresses the firm hope that the Labour Standards Bill which provides for effective and increased penalties and fines for violations of the Labour Law, including the violation of the child labour provisions, will be adopted in the near future. It also requests the Government to provide information on the applicability of the Labour Standards Bill in all of the 36 states of the Federation. The Committee finally requests the Government to provide a copy of the Labour Standards Bill, once it has been adopted.