Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Nigeria (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that high-level advocacy was ongoing with the remaining four State Houses of Assembly, Judiciary and other state authorities with regard to the entry into force of the Child Rights Act of 2003 in these States. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that the Child Rights Act will enter into force in the remaining four states of Nigeria in the very near future. It requests the Government to provide information on any progress made in this regard.

Article 4(1) and (2) of the Convention. Determination and identification of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 7(1). Monitoring mechanisms and penalties. Following its previous comments, the Committee notes the Government’s information that the National Agency for the Prevention of Trafficking in Persons (NAPTIP) has developed a Standard Operating Procedure on investigation and prosecution of trafficking in persons cases through collaboration and cooperation with UN agencies, NGOs, embassies and relevant stakeholders within and outside the country. In this regard, the Committee notes from the Government’s report that from 2015 to June 2018, a total of 2,024 children (1,333 girls and 691 boys) were subjected to trafficking, 948 cases were reported, and 273 cases were fully investigated by NAPTIP. It also notes the Government’s information that in 102 cases, the perpetrators were convicted, with punishment involving confiscation of assets, fines ranging from 10,000–2,000,000 Nigerian naira (NGN) (US$27.50–$5,502) and imprisonment from three months to 30 years or more. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of July 2017, expressed its concern that Nigeria remained a source, transit and destination country for trafficking in persons, in particular women and girls, for purposes of sexual and labour exploitation (CEDAW/C/NGA/CO/7-8, paragraph 27). While noting the measures taken by the Government, the Committee urges it to redouble its efforts to strengthen the capacity of law enforcement agencies to combat this phenomenon. In this regard, it requests the Government to take effective measures to ensure that thorough investigations and prosecutions of perpetrators of the sale and trafficking of children for labour and sexual exploitation are carried out. It also requests the Government to continue providing information on the number of investigations involving trafficking in children conducted by NAPTIP and other law enforcement bodies and the penalties applied.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. Following its previous comments, the Committee notes the Government’s information that during the period from 2015 to June 2018, a total of 2,024 child victims of trafficking benefited from the rehabilitation programmes implemented by the Government. However, the Committee notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations of May 2017, expressed concern at the lack of information on mechanisms to identify victims of trafficking, provide support and facilitate their rehabilitation, and on the availability of such mechanisms throughout the country (CMW/C/NGA/CO/1, paragraph 55). The Committee therefore requests the Government to intensify its efforts to identify and protect child victims of trafficking and to take the necessary measures to ensure their rehabilitation and social integration. It also requests the Government to continue to provide information on the number of child victims of trafficking who have benefited from the rehabilitation programmes, disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee noted an increase in the number of children in street situations, including almajiri children (children in Islamic schools who are also sent out to beg). It noted that the Government launched the Almajiri Special Education Project in 2012 with the aim to integrate basic education into Koranic schools and provide access for children at risk of exclusion irrespective of gender, religious background or social status.

The Committee notes the Government’s information that from 2015 to date, a total of 20,000 almajiri pupils were reintegrated into the Basic Education Programme in the North. Considering that street children are at a higher risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to protect all street children, including almajiris from the worst forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard as well as on the results achieved. It also requests the Government to continue to provide information on the number of almajiri children who have been integrated through the Almajiri Special Education Project.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). In its previous comments, the Committee noted that the National Action Plan for Orphans and Vulnerable Children 2013–20 (NAP for Orphans and OVCs) is committed to achieving: equal access to education; access to social protection measures; protection from abuse, exploitation and neglect; provision of health and nutrition; and an adequate standard of living. It noted that according to UNAIDS estimates of 2014, over 1.6 million children were orphaned due to AIDS in Nigeria.

The Committee notes the Government’s information that it is currently reviewing the National Workplace Policy on HIV/AIDS and implementing the Social Security Policy to protect child orphans of HIV/AIDS and OVCs. Recalling that orphans of HIV/AIDS and OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures, including through the NAP for Orphans and OVCs and by effectively implementing the Social Security Policy to protect these children from the worst forms of child labour. It requests the Government to provide information on its implementation and on the results achieved.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes the Government’s information that it has launched Girls Education Projects (GEP) in three phases, a component of which is the cash transfer programme. An estimated 19,236 girls benefited from the first part of this programme. The third phase of the GEP focuses solely on the enrolment and retention of girls at schools, as well as the creation of better synergies with the educational partners and stakeholders in the North-East. The Government further indicates that it has launched the Girl Child Education Project in the North-East in collaboration with UNICEF. The Committee, however, notes from the 2018 UNICEF report on education in Nigeria that about 60 per cent of out-of-school children are girls, many of those who do enrol and then drop out. The Committee therefore requests the Government to strengthen its efforts to improve girls’ access to education, particularly in the northern states and to provide information on progress made in this regard.

Article 8. International cooperation. Bilateral agreement to combat child trafficking. Following its previous comments, the Committee notes the Government’s statement that the bilateral and multilateral agreements with other countries on trafficking of persons have led to: an enhanced joint intelligence and information sharing among countries involved; enhanced victim identification, rescue operations, rehabilitation and counselling, and repatriation of victims; improved mutual legal assistance between countries; and capacity building of law enforcement bodies and other stakeholders through local and international technical assistance and workshops. The Committee encourages the Government to pursue its efforts to strengthen international cooperation and assistance in combating trafficking of children and requests it to continue providing information on the results achieved in this respect.