Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes the Government’s indication in its report that the National Labour Advisory Council has been established and that the Labour Standards Bill and the Gender and Equal Opportunities Bill will be forwarded to the National Assembly. The Committee notes with deep regret that the Government has not taken steps for the adoption of comprehensive anti-discrimination legislation. Recalling that the Committee has been raising this specific issue for a number of years, it urges the Government to take the necessary steps to accelerate the adoption of the Labour Standards Bill and the Gender and Equal Opportunities Bill. It trusts that progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of employment.

Article 1(1)(a). Discrimination based on sex. Maternity. For a number of years, the Committee has been asking that the Government provide information on the specific measures taken to address discriminatory practices in the workplace against women based on maternity and marital status. It notes once again that the Government has not provided any information in its report on this point.  The Committee urges the Government to provide information on: (i) the measures taken or envisaged in the near future, including in collaboration with workers’ and employers’ organizations, to address discriminatory practices in the workplace based on maternity and marital status; and (ii) the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

Articles 1 and 3(c). Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applicable to women, are discriminatory on the basis of sex and thus incompatible with the Convention. The Committee notes with satisfaction that the 1968 Police Regulations and the 2004 Police Act, Cap P.19, were repealed by the 2020 Police Act. It notes in particular that the provisions relating to the recruitment of women police officers have been replaced by general provisions applying to both male and female candidates (Part iv of the Act) with gender-neutral terminology. The Committee encourages the Government to take measures to ensure that women in the police force benefit from effective equality of opportunity and treatment in practice. The Government is requested to provide statistical information on the number of women who have been recruited to the police force following the entry into force of the 2020 Police Act.

Articles 2 and 3. Equality of opportunity for men and women. In its previous comment, noting the absence of legislation that fully reflects the principles of the Convention, the Committee urged the Government to strengthen its efforts to take proactive measures, in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments and promote and enforce the application of the provisions of the Convention in practice. It also asked the Government to provide information on: (1) any progress made in the review of the National Gender Policy of 2006; (2) the measures taken to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas (for example, by improving the school attendance rate for women and girls and reducing their early drop-out from school, enhancing women’s economic empowerment and access to education and employment, etc.); and (3) statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors, as well as in the informal economy. The Committee notes the Government’s indication that, to address the issue of the school attendance rate of girls, a National Policy on Gender in Basic Education and the Adolescent Girls Initiative for Learning and Empowerment (AGILE) (2020–25) have been adopted. It notes in particular that the AGILE programme aims to enhance women’s economic empowerment and facilitate access to education and employment. Moreover, the Committee observes that in 2018 the Government launched the Nigeria for Women Project with the support of the World Bank. The project focuses on creating an enabling environment for women to overcome institutional obstacles (including market failures) and barriers to enhance productive livelihoods and socio-economic advancement through the formation and strengthening of Women Affinity Groups (WAGs) with a strong livelihood focus to enhance household income. The Committee asks the Government to provide information on the results of its efforts to promote access to education and women’s economic empowerment (for example, in terms of the school attendance rate of women and girls and the reduction of early school drop-out rates, the number of women in decision-making positions) in particular in rural areas. Noting that the Government’s report is silent on the other points raised in previous comments, the Committee once again urges the Government to: (i) address underlying obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and the lack of access to productive resources; and (ii) provide statistical information, disaggregated by sex, on the participation of men and women in all stages of education and in the various vocational training courses, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by persons of the other sex. It asks the Government to provide information on any progress made in the adoption of a revised National Gender Policy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. Noting that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly asked the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. The Government indicates that, to ensure that there is no discrimination in employment opportunities, it has set up the Federal Character Commission and the National Human Rights Commission. The Committee notes that the National Human Rights Commission is mandated to: (1) monitor and investigate all alleged cases of human rights violations and make appropriate recommendations to the federal government for criminal prosecution; and (2) assist victims of human rights violations and seek appropriate redress and remedies on their behalf. The Committee notes with regret the lack of information in the Government’s report on the measures taken to address the discrimination faced by ethnic and religious minorities in employment and occupation.  The Committee asks the Government to take proactive measures to address discrimination against ethnic and religious minority groups, and particularly nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures taken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on legislative developments relevant to the rights of minorities. The Committee asks the Government to provide information on the number and nature of complaints, as well as the grounds relied upon, filed with the Human Rights Commission that relate to discrimination based on race, colour, religion and national extraction.

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