Texts of pending comments

Article 1 of the Convention. Consultations with representative organizations. In its previous comments, the Committee expressed the firm hope that the pending legislative reforms, particularly the National Labour Institutions Bill still pending before the National Assembly, would be finalized without further delay. It reiterated its request that the Government report on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. In this context, since 2004, the Committee has also consistently reminded the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee also requested the Government to indicate the outcome of the meetings held with the stakeholders in April 2018 in relation to the reforms, and to provide a copy of the relevant legislation once adopted. The Committee notes the Government’s reference in its report to the inauguration of the National Labour Advisory Council (NLAC) for 2021–25. According to information available on the Federal Ministry of Information and Culture website, during the inauguration, the Government indicated that, from 2nd to 4th March 2020, the Ministry of Labour had collaborated with the Nigeria Labour Congress (NLC), the Trade Union Congress (TUC) and the Nigeria Employers’ Consultative Association (NECA) in reviewing the Draft National Labour Bills, which were withdrawn from the National Assembly for review and resubmission. At that time, the Government further indicated that the adoption of the pending legislative reforms would expand the scope and functions of the NLAC. The Committee therefore expresses once again the firm hope that the pending legislative reforms will be finalized and adopted without further delay.It also reiterates its request that the Government provide detailed information on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under the present Convention. The Committee further requests the Government to indicate the content and outcome of the meetings held with the stakeholders in March 2020 in relation to the reforms, and to provide a copy of the relevant legislation once it is adopted.

Article 5(1). Tripartite consultations required by the Convention. In reply to the Committee’s previous comments, the Government reports that the social partners are consulted on issues related to international labour standards, particularly regarding the possibility of ratifying ILO Conventions, as well as in relation to reports on ratified Conventions submitted to the ILO pursuant to article 22 of the ILO Constitution. In addition, Conference preparatory meetings are held with the social partners to harmonize the country’s position. The Committee notes with interest that, with the support of the ILO Office in Abuja, tripartite consultations were held within the NLAC in a two-day session from 23 to 24 March 2021. The Committee notes from the website of the Federal Ministry of Information and Culture, that the March 2021 session was the first session of the NLAC held since 2014. In addition, the Committee notes the ILO press release of 24 March 2021, according to which, during the March 2021 consultations, the tripartite constituents discussed the possible ratification of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Private Employment Agencies Convention, 1997 (No. 181); the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); and the Violence and Harassment Convention, 2019 (No. 190). The Committee notes that, according to the press release, all four Conventions discussed are to be ratified. Moreover, it was agreed during the March 2021 consultations that the regularity of NLAC meetings would be ensured in conformity with this Convention. Finally, the Committee notes that the ILO is currently supporting the development of the first National Industrial Relations Policy and the Decent Work Country Programme (DWCP) III for Nigeria. The Committee requests the Government to continue to provide updated, detailed information on thecontent, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to: questionnaires on Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals concerning the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 6. Operation of the consultative procedures. The Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the content and outcome of these consultations.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in practice. The Committee notes the statistical information provided by the Government that since 2011 there have not been industrial accidents involving foreign employees registered under the Employees Compensation Act (ECA) of 2010. The Committee asks the Government to provide information on the reasons explaining such a low level of occurrence of industrial accidents, indicating whether measures have been taken with a view to raise awareness among foreign workers of their rights under the ECA and to facilitate their access to the relevant authorities to claim their rights under the Act.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

Article 1 of Convention No. 26. Scope of minimum wage protection. In its previous comments, the Committee requested the Government to extend the scope of the National Minimum Wage Act to all workers in need of such protection, in the context of its next minimum wage revision. The Committee takes note that, in its report, the Government refers to the adoption of the National Minimum Wage Act 2019, which reduces the minimum size of the establishments to which the Act applies, from 50 to 25 persons (section 4). However, the Committee observes that the Act otherwise replicates the exclusions already foreseen in the previous National Minimum Wage Act. With reference to its latest comment under the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to take the necessary measures to extend the minimum wage coverage to the categories of workers currently excluded, which are in need of such protection.

Article 4(1). System of supervision and sanctions. The Committee previously requested the Government to provide comments on the observations of the Nigeria Labour Congress (NLC) alleging that governments at the state level are reluctant to implement the law on minimum wage. In this regard, the Committee notes the Government’s indication that the authorities at the state level appear not to comprehend fully the principles of the national minimum wage, and that technical assistance from the Office would be necessary to sensitise them on the provisions of the Convention. The Committee recalls that each Member which ratifies this Convention must take the necessary measures, by way of a system of supervision and sanctions, to ensure that the employers and workers concerned are informed of the minimum wage rates in force, and requests the Government to provide further information on how it ensures that the national minimum wage is applied at all levels.

Article 2 of Convention No. 95. Protection of wages of homeworkers and domestic workers. In its previous comment, the Committee noted the Government’s indication that the Labour Standards Bill, which should apply to homeworkers and domestic workers, had been withdrawn from the National Assembly and was being reviewed by the stakeholders. The Committee notes that in its report, the Government indicates that, once adopted, the Labour Standards Bill will apply to domestic workers, but it does not mention homeworkers nor does it provide any additional information on measures taken to protect the wages of these categories of workers currently excluded from the Labour Act. The Committee requests the Government to take the necessary measures to guarantee the protection of wages of homeworkers and domestic workers, including through the adoption of the Labour Standards Bill, and to provide information in this regard.

Articles 6 and 12(1). Workers’ freedom to dispose of their wages and regular payment of wages. The Committee had previously requested the Government to revise section 35 of the Labour Act, which allows the Minister of Labour to authorize deferred payment of up to 50 percent of workers’ wages until the completion of their contract. While noting the Government’s indication that the Federal Ministry of Labour and Employment has not acted upon section 35 of the Labour Act in recent years, the Committee once again requests the Government to take the necessary measures to bring section 35 of the Labour Act into conformity with the Convention and to provide information in this regard.

Article 7(2). Work stores. In response to the Committee’s request for information on measures to give effect to Article 7(2), the Government only indicates that this matter is covered by the Labour Standards Bill, which has not yet been adopted. The Committee requests the Government to take the necessary measures to ensure that, where access to stores or services other than those operated by the employer is not possible, goods are sold and services provided at fair and reasonable prices and for the benefit of the workers, in accordance with Article 7(2).

Article 12(1). Regular payment of wages. The Committee previously noted the NLC’s observations regarding issues of non-regular payment of wages in several states. In this regard, the Committee notes the Government’s indication that wage arrears has become an issue of great concern for the social partners, and that it is planning to engage all relevant authorities to deliberate and find a lasting solution. The Committee requests the Government to continue to take the necessary measures, such as reinforcing supervision and strengthening sanctions, to address this issue, and to provide information on the progress made in this respect.

Article 14. Information on wages before entering employment and wage statements. Following its previous comments on measures taken to give effect to Article 14, the Committee notes the Government’s indication that, in practice, workers receive payslips each month, in both the public and private sectors. The Committee requests the Government to indicate the measures taken to ensure that workers are informed, in an appropriate and easily understandable manner before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed, in accordance with Article 14(a).

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Articles 20 and 21 of the Convention. Annual labour inspection report published by the central authority. The Committee notes that no annual labour inspection report has been received for many years, and that the Government does not provide any information in this regard in its report. The Committee expresses the firm hope that the Government will ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 of the Convention, and that they contain the information required by Article 21(a)–(g), in the near future. It encourages the Government to take the necessary measures in this respect. The Committee also reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

Article 3 of the Convention. Functions entrusted to labour inspectors. The Committee previously noted the list of functions attributed to labour officers other than the primary functions provided for under Article 3(1) of the Convention, including dispute settlement and employment advisory services, and requested information on the time and resources allocated by labour inspectors to each of these duties. In this respect, the Committee notes the Government’s indication in its report that labour inspectors only carry out functions falling outside of section 78 of the Labour Act on an ad-hoc basis. Recalling that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties under Article 3(1), the Committee once again requests the Government to indicate the time and resources allocated by labour inspectors to each of their various ad-hoc duties, including particularly the processing, referral, and registration of trade disputes and the provision of various employment advisory services, in comparison to those allocated to their primary duties.

Articles 7(3), 10, 11 and 16. Training. Resources of the labour inspection system and inspection visits. The Committee previously noted measures taken to resolve difficulties faced by the Government with regard to the number of labour inspectors, material resources at their disposal, and training, which included the recruitment of additional labour inspectors in the 2009–17 period, and the provision of additional vehicles, personal computers, and capacity-building. In the absence of up-to-date information in this regard, the Committee once again requests the Government to provide information on the number and types of inspections undertaken each year, and on the language capacities of inspectors in relation to the diverse workplace populations. It also once again requests the Government to provide information on the number of labour inspectors, and on training activities provided to labour inspectors, including the subjects covered, the duration of each training session, and the number of participants.

In its previous observation, the Committee requested the Government to provide a detailed reply on allegations of denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass persecution and arrests of union members and other violations made by the International Trade Union Confederation (ITUC) in 2015 and 2016, as well as allegations of arrests, reprisals and dismissals against union leaders and members made by the ITUC and the Nigeria Labour Congress (NLC) in 2017. The Committee notes the Government’s indication that there will be further consultations with the affected social partners, after which a response will be forwarded to the ILO. Regretting the lack of concrete information received in spite of the time elapsed since these serious allegations were brought to its attention, the Committee expects that the consultations referred to above will be held shortly, and urges the Government to provide its detailed comments on each specific allegation made by the ITUC and the NLC in its next report.

The Committee also takes note of the observations of the ITUC received on 1 September 2021, which allege massive dismissals for trying to join trade unions, acts of anti-union violence during strike actions, arrests of union members, suspensions of union leaders, and a general anti-union climate in the country. The Committee requests the Government to provide its comments on these new serious allegations.

Civil liberties. The Committee recalls that it had previously requested the Government to provide detailed information on the results of the judicial proceedings regarding the prosecution of the eight suspects arrested in connection with the assassination of Mr Alhaji Saula Saka, the Lagos Zonal Chairman of the National Union of Road Transport Workers. While having noted the Government’s indication that the Federal Ministry of Labour and Employment had requested the Inspector General of Police for an update and was awaiting the reply, the Committee deeply regretted that no resolution had been reached regarding the events occurred in 2010. The Committee notes with regret that the Government does not provide any update on this matter in its report. The Committee firmly urges the Government to provide detailed information on the results of the judicial proceedings, and, in the case of conviction, on the nature and implementation of the sentence.

Article 3 of the Convention. Right of workers to join organizations of their own choosing. The Committee previously took note of the National Industrial Court of Nigeria (NICN) judgment of 2016 with regard to the allegation that teachers in federal educational institutions have been coerced to join the Association of Senior Civil Servants of Nigeria (ASCSN) and denied the right to belong to the professional union of their own choice. The NICN judgment concluded that teachers at the 104 Unity Colleges of Nigeria are employed by the Federal Civil Service Commission and, as civil servants, they are automatically members of the ASCSN, but specified that any worker who wishes to disassociate from the ASCSN could do so by writing to the employer. The Government had further indicated that according to section 12(4) of the Trade Unions Act and sections 9(6) and 5(3) of the Labour Act: (i) membership of a trade union by employees shall be voluntary; (ii) no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member; (iii) no contract shall make it a condition of employment that a worker shall or shall not join a trade union; and (iv) the workers have the right to opt out of a trade union in writing. The Committee had requested the Government to continue to provide information on the practical application of the abovementioned provisions, indicating in particular whether teachers of the federal educational institutions continue to be automatically affiliated to the ASCSN. The Committee notes that the Government, in its report, limits itself to stating that the purpose of the provisions of the said laws is to bring order and good administrative structure to trade unionism in Nigeria. The Committee recalls that it is important for workers to be able to change trade union or to establish a new union for reasons of independence, effectiveness or ideological choice and that trade union unity imposed directly or indirectly by law is contrary to the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 92). The Committee once again requests the Government to specify whether teachers of the federal educational institutions continue to be automatically affiliated to the ASCSN, and if so to indicate on what legal grounds such automatic affiliation comports with the principle of voluntary affiliation set out in the Trade Unions Act and Labour Code.

Freedom of association in export processing zones (EPZs). The Committee recalls that its previous comments referred to issues of unionization and entry for inspection in the EPZs, as well as to the fact that certain provisions of the EPZ Authority Decree, 1992, make it difficult for workers to join trade unions as it is almost impossible for worker representatives to gain access to the EPZs. It had noted the establishment of a tripartite committee to review and update the Federal Ministry of Labour and Productivity Guidelines on Labour Administration and Issues in Contract Staffing/Outsourcing in the Oil and Gas Sector and to incorporate emerging trends in the world of work. The Committee requested the Government to provide, without delay, information on the review and update of the ministerial guidelines, and to provide statistics on the number of trade unions operating in EPZs and the membership thereof. The Committee notes the Government’s indication that it is currently working towards adopting sectorial guidelines and that EPZs would be included in one of them. It further notes that the Government reports that there are six trade unions already operating in the EPZs. Expecting that significant progress will be made in the very near future to bring the legislation into conformity with the Convention, the Committee requests the Government to continue to inform on any developments regarding the review and update of the ministerial guidelines. The Committee also requests the Government to continue providing information and statistics on the particular trade unions operating in the EPZs.

Articles 2, 3, 4, 5 and 6. In its previous comments, the Committee had requested the Government to amend the following provisions:

– section 3(1) of the Trade Unions Act, which requires a minimum of 50 workers to establish a trade union, so as to explicitly indicate that the minimum membership requirement of 50 workers does not apply to the establishment of trade unions at the enterprise level (while this minimum membership would be permissible for industry trade unions, it could have the effect of hindering the establishment of enterprise organizations, particularly in small enterprises);
– section 7(9) of the Trade Unions Act, which provides that the Minister may revoke the certificate of registration of any trade union, by repealing the broad authority of the Minister to cancel the registration;
– sections 30 and 42 of the Trade Unions Act, which impose compulsory arbitration, require a majority of all registered union members for calling a strike, define “essential services” in an overly broad manner, contain restrictions relating to the objectives of strike action, impose penal sanctions including imprisonment for illegal strikes and outlaw gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or other premises, so as to lift these restrictions on the exercise of the right to strike; and
– sections 39 and 40 of the Trade Unions Act, which grant broad powers to the registrar to supervise the union accounts at any time, so as to limit this power to the obligation of submitting periodic financial reports, or in order to investigate a complaint.

The Committee welcomed the Government’s indication that it had established a Tripartite Technical Committee (TTC) for the purpose of bringing into conformity the relevant sections of the Labour Standards Bill (LSB), Collective Labour Relations Bill (CLRB), Labour Institutions Bill (LIB) and Occupational Safety and Health Bill (OSH Bill) with international labour standards. It noted the Government’s indication that the proposed review of the LSB would give the opportunity to the social partners to consider the amendments to the aforementioned provisions of the Trade Unions Act. The Committee notes that the Government states that the Labour Bills will be provided when enacted. The Committee expects that the abovementioned laws will be enacted shortly and that sections 3(1), 7(9), 30, 39, 40 and 42 of the Trade Unions Act will be brought into line with the Convention as part of the ongoing legislative review. The Committee requests the Government to provide information on any progress achieved in this regard.

The Committee previously noted that there were no proposals to amend the following legislative provisions, which it also requested the Government to modify:

– section 3(2) of the Trade Unions Act, which restricts the possibility of other trade unions from being registered where a trade union already exists (workers should be able to change trade union or to establish a new union; trade union unity imposed directly or indirectly by law is contrary to the Convention);
– section 11 of the Trade Unions Act, which denies the right to organize to employees in the Customs and Excise Department, the Immigration Department, the prison services, the Nigerian Security Printing and Minting Company Limited, the Central Bank of Nigeria, and Nigeria Telecommunications (all workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing; the only authorized exception are the members of the police and the armed forces); and
– section 34(1)(b) and (g) of the Trade Unions Act (as amended by section 8(a) of the Trade Unions (Amendment) Act 2005), which requires federations to consist of 12 or more trade unions in order to be registered (the number of affiliated trade unions necessary should be lowered) and section 1 of the 1996 Trade Unions (International Affiliation) Act, which provides that the application of a trade union for international affiliation shall be submitted to the Minister for approval (the international affiliation of trade unions should not require the Government’s permission).

The Committee notes that the Government states that the social partners are comfortable with the number of trade unions affiliated to federations and reiterates previous observations indicating that the purpose of section 3(2) of the Trade Unions Act is to bring order and good administrative structure to trade unionism in Nigeria and that for security reasons, section 11 of the Trade Unions Act has not been modified but a subsection has been added to create Joint Consultative Committees in the establishments concerned. The Committee refers to its preceding comments in this regard, recalling in particular that the establishment of joint consultative committees cannot be considered as a substitute for the right to organize under the Convention. Noting that the above provisions have been the subject of its comments for many years, the Committee urges the Government to take all necessary measures to make the appropriate amendments without delay in order to ensure their conformity with the Convention. The Committee requests the Government to provide information on any developments in this respect.

The Committee reminds the Government that it may seek the technical assistance of the Office in connection with the revision of the laws and regulations referred above and relating to the application of the Convention.

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, initially made in 2018, the Committee requested the Government to take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. In its response, the Government indicates its intent to consider implementing the Convention through administrative instructions or circulars. Nevertheless, the Government provides no information on any specific measures taken or envisaged to give effect to the provisions of the Convention. Noting the absence of information with respect to the development or implementation of measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of the type of labour clauses in public contracts required under Article 2 of the Convention, the Committee once again urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee further requests the Government to provide examples of public contracts issued during the reporting period, as well as information on the number of public contracts awarded during the reporting period, the approximate number of workers involved in their execution, and any other particulars bearing on the practical application of the Convention.

In its previous observation, the Committee requested the Government to provide information on any investigations, and the results thereof, into allegations of anti-union discrimination and interference in the banking, education, electricity, petroleum, gas and telecommunications sectors, as referred to in successive communications from the International Trade Union Confederation (ITUC). The Committee notes that the Government reports that it is working on sectorial guidelines to address anti-union discrimination and interference. Observing that in its 2021 observations under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the ITUC denounces massive dismissals for trying to join trade unions, the Committee requests the Government to take the necessary actions to ensure that the allegations of anti-union discrimination referred to by the ITUC in its previous observations give rise to specific investigations. The Committee requests the Government to provide information on the results thereof as well as on the progress made towards the adoption of the abovementioned sectorial guidelines.

The Committee also requested the Government to send its comments on allegations of Education International (EI) and the Nigeria Union of Teachers (NUT) denouncing the promotion of a non-registered union in the education sector by various state governments, which would appear to constitute attempted interference. The Committee notes that the Government limits itself to indicating that the Academic Staff Union of Secondary School has not been registered at the federal level. The Committee recalls that the intervention by an employer - either public or private - to promote the establishment of a parallel trade union constitutes an act of interference by the employer in the functioning of a workers’ association, which is prohibited under Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that Article 2 of the Convention is complied with in the education sector, both at the State and federal levels.

Scope of application of the Convention. In its previous comments, the Committee noted that under the provisions of the legislation certain categories of workers (such as employees of the Customs and Excise Department, the Immigration Department, the prison services and the Central Bank of Nigeria) were denied the right to organize and were deprived of the right to collective bargaining. It noted that some of these categories involve public sector workers not engaged in the administration of the State and requested the Government to provide information on the results of its consultations within the National Labour Advisory Council (NLAC) and any follow-up action taken, particularly with regard to recognition of the right to collective bargaining. The Committee notes that the Government reiterates its previous explanation that these exclusions are made on the grounds of the national interest and national security. The Committee further notes the Government’s indication that the NLAC has been inaugurated and that the issue raised will be discussed at subsequent meetings. The Committee recalls that, according to Articles 5 and 6 of the Convention, only members of the armed forces and the police, as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention. Regretting the lack of progress regarding this issue, the Committee requests the Government to take the necessary measures to ensure the full recognition of the right to collective bargaining of all public sector workers not engaged in the administration of the State, and to provide information on its consultations within the NLAC and on the practical results achieved in this regard.

Article 4. Free and voluntary negotiation. The Committee previously requested the Government to provide explanations regarding the legal obligation to submit any collective agreements on wages to government approval, and noted the Government’s indication that in practice there is no restriction with regard to wage increases adopted by an employer but that this obligation, which appears in section 19 of the Trade Disputes Act, would be brought to the attention of the tripartite technical committee which was reviewing the labour legislation. The Committee notes with regret that the Government does not provide any information on this matter in its report. The Committee once again requests the Government to take concrete steps to amend section 19 of the Trade Disputes Act in order to ensure full observance of the principle of voluntary collective negotiations in accordance with the provisions of the Convention. The Committee requests the Government to provide information in this respect.

In its previous observation, the Committee noted the Government’s intention to ensure that the reform of the labour legislation undertaken in consultation with the social partners was in conformity with international labour standards and trusted that the new Collective Labour Relations Act and any other texts adopted in the context of the reform of the Labour Law would be in full conformity with the requirements of the Convention. It notes the Government’s indication that the social partners will soon hold a meeting to validate the Labour Bills before forwarding them to the National Assembly for legislative action. The Committee requests the Government to continue to provide information on any developments in relation to the reform of the labour legislation and recalls that it can avail itself of the technical assistance of the Office.

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted the Government’s repeated statement that a provision covering the principle of equal remuneration for men and women for work of equal value has been incorporated in the Labour Standards Bill (section 11.2) which has been pending since 2006. The Committee notes the Government’s indication, in its report, that the National Labour Advisory Council has been reconvened and that the Bill will be forwarded to the National Assembly for adoption. The Committee urges again the Government to speed up the adoption of the Labour Standards Bill that should fully reflect the principle of equal remuneration for men and women for work of “equal value” in its provisions, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Gender wage gap. Application of the Convention in practice. The Committee notes that, in the 2021 Global Gender Gap Report from the World Economic Forum, the gender wage gap for Nigeria was estimated at 37.3 per cent (it was 35 per cent in 2018), the country being ranked at the 139th place out of 156 countries assessed (11 places lost between 2020 and 2021). Noting that the government does not provide information in this regard, and in light of the absence of legislation that fully reflects the principle of the Convention and the persistence of a significant gender wage gap, the Committee urges once again the Government to strengthen its efforts to take proactive measures to raise awareness and promote the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further asks the Government to provide information on the measures taken to: (i) address the underlying causes of the persistent gender wage gap, identified in its report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25); (ii) promote women’s access to a wider range of jobs with career prospects and higher pay; (iii) indicate the concrete measures adopted to promote women’s economic empowerment and entrepreneurship, as well as the results thereof; and (iv) provide updated statistical information on the earnings of men and women, disaggregated by economic sector and professional category.

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.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Having previously noted the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee observed that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. The Committee asked the Government to include in its national legislation an explicit prohibition of sexual harassment at work. The Committee notes the Government’s indication that the question of sexual harassment is being addressed in the Labour Standards Bill. The Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination. The Committee asks the Government to intensify its efforts to include provisions in the Labour Standards Bill that: (i) clearly define and prohibit all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints lodged concerning sexual harassment and the sanctions imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Disability. Legislation. Noting in its previous comments the adoption of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018, the Committee asked the Government to provide information on its application in practice. The Committee notes that the Government’s report is silent on this point. The Committee therefore asks the Government once again to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; and (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and the employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV status. In the absence of reply to its previous request, the Committee again asks the Government to provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV status. It also asks the Government to provide: (i) a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist; (ii) information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including any complaints or cases of discrimination based on real or perceived HIV status dealt with by the labour inspectors, the courts or any other competent authority, as well as the sanctions imposed and remedies granted.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work and underground work in mines for women. In the absence of information in the Government’s report, the Committee asks the Government once again to consider amending, in consultation with employers’ and workers’ organizations, and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures for improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

The Committee notes the information in the Government’s report and the National Policy on Occupational Safety and Health 2020 (National OSH Policy 2020) referred to therein, regarding measures giving effect to Articles 5(b)–(e) (spheres of action in national policy), 14 (promotion of OSH), 19(a) (workers’ cooperation on OSH) and 19(d) (training for workers and representatives) of the Convention.

Articles 4(1) and 7 of the Convention. Periodic review of the national policy and national situation regarding occupational safety and health (OSH). Following its previous comments on measures taken for the periodic review of the national OSH policy 2006, in consultation with social partners, the Committee notes with interest the information provided by the Government regarding the revision of such policy and the adoption of the National OSH Policy 2020, in consultation with social partners and relevant stakeholders. The Committee further notes that, according to the National OSH Policy 2020, such policy shall be subject to review every three years by the Federal Ministry of Labour and Employment, in collaboration with the most representative organizations of workers and employers, other relevant stakeholders, the Tripartite–Plus group, professional bodies and practitioners. The Committee also notes that Nigeria has a national OSH profile, established in 2016 with the assistance of the ILO. The Committee requests the Government to provide information on the periodic review of the National OSH Policy 2020, in consultation with the most representative organizations of workers and employers.

Article 8. Legislation. The Committee has previously noted the Government’s indication, since 2012, that an OSH Bill was being drafted. In this regard, the Committee notes that the Government refers once again to the OSH Bill, indicating that a number of measures to implement the Convention have been taken through its provisions, and stating that a copy would be transmitted once adopted. The Committee hopes that the Government will be in a position to adopt the OSH Bill in the near future, in consultation with the representative organisations of employers and workers concerned, and requests the Government to provide a copy of the new Act, once adopted.

Article 9(2). Adequate penalties. The Committee notes that, according to paragraph 4.1.24 of the National OSH Policy 2020, the responsibilities of the Federal Ministry of Labour and Employment include the institution of mechanisms for ensuring compliance with national laws and regulations, including system of inspection, where adequate penalties should be provided for OSH violations. Noting that the OSH Bill has yet to be adopted and that existing legislation related to OSH does not apply to all categories of workers covered under the Convention, the Committee hopes that due account will be taken of Article 9(2) in its ongoing legislative developments. The Committee requests the Government to provide further information on how it gives effect to Article 9(2).

Article 11(b) and (f). Functions of the competent authority. Work processes, substances and agents the exposure to which is prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. In response to its previous comments on measures taken to give effect to these provisions, the Government indicates that the OSH Bill will take Article 11(b) and (f) into account. The Committee also notes that, pursuant to paragraph 4.1.1 of the National OSH Policy 2020, the Federal Ministry of Labour and Employment has the function envisaged under Article 11(b). The Committee requests the Government to provide information on the implementation, in practice, of the Federal Ministry of Labour and Employment’s function under paragraph 4.1.1 of the National OSH Policy 2020. The Committee also requests the Government to provide further information on how it ensures that the competent authority progressively carries out the function of introducing or extending systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Article 11(c) and (e). Notification of occupational accidents and diseases. Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Application of the Convention in practice. The Committee notes that the National OSH Policy 2020 provides for the Federal Ministry of Labour and Employment to establish and apply procedures for the notification of occupational accidents and diseases by employers, appropriate insurance institutions and others directly concerned in the production of annual statistics on occupational accidents and diseases. The National OSH Policy 2020 also requires that the Federal Ministry of Labour and Employment ensure the annual publication of information regarding measures taken in pursuance of the policy, and on occupational accidents, occupational diseases and other injuries to health, which arise in the course of, or in connection with work. Nevertheless, the Committee notes that, according to the Government, there are difficulties with regard to underreporting of occupational accidents and diseases, and indicates that there is no consistent national reporting system. In this regard, the Committee notes the Government’s indication that there were 51 accidents reported between January and May 2020. The Committee requests the Government to provide information on the measures taken to improve the notification of occupational accidents and diseases, and the collection and publication of such statistics. Noting its comment under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the number of occupational accidents and diseases reported (disaggregated by sector, age and gender) and also to provide further information on measures taken to ensure the annual publication of information on measures taken pursuant to the policy.

Article 12(c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Following its previous comments on measures giving effect to this provision, the Committee notes paragraphs 4.6 and 4.7 of the National OSH Policy 2020, define the duties of transporters and of persons or organizations who design, manufacture, import or supply any equipment, article or substance for use at work, which give effect to Article 12(a) and (b). The Committee requests the Government to indicate the measures taken to ensure that, in accordance with Article 12(c), those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Articles 13 and 19(f). Protection of a worker from undue consequences. Removal from situations of imminent and serious danger. The Committee notes that, under the National OSH Policy 2020, workers have a duty to report forthwith to their immediate supervisor any situation that could present a hazard. The National OSH Policy also specifies that, upon report, workers are to withdraw temporarily from such hazards or undue risks considered as life-threatening, pending rectification of the situation. The Committee observes, however, that the Policy does not clearly set out whether workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences. The Committee requests the Government to provide further information on the measures taken to give full effect to Article 13, and the application in practice of this provision in the country. The Committee also requests the Government to provide further information on the measures taken to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 15(1). Arrangements, after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies. Following its previous comments on this issue, the Committee notes that the National OSH Policy 2020 requires cooperation on OSH matters between the Federal Ministry of Labour and Employment, as the central authority on OSH, and different bodies, such as relevant Ministry Departments and Agencies, national and international institutions, and organizations playing a role in OSH. The National OSH Policy 2020 also requires coordination between the Federal Ministry of Health and other bodies and stakeholders, such as stakeholders in the National Health Information Management System (NHIMS) on occupational accidents, injuries and diseases, by providing information on such cases in medical facilities nationwide. In addition, the Committee notes that, according to section 5.1 of the national OSH profile, there are several OSH enforcement bodies, including the OSH Department of the Federal Ministry of Labour and Employment, staffed mainly with factory inspectors, the OSH Division of the Federal Ministry of Health, and the Lagos State Safety Commission. The Committee requests the Government to provide further information on the application in practice of the coordination mechanisms established by the National OSH Policy 2020. The Committee further requests the Government to indicate any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH.

Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. Noting that, in response to its previous request, the Government only refers to the OSH Bill, the Committee once again requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.

Article 19(b), (c) and (e). Arrangements at the level of the undertaking. Cooperation in the field of OSH. Adequate information on measures taken. Inquiry and consultation on all aspects of OSH associated with the work. The Committee notes that, pursuant to paragraph 4.4 of the National OSH Policy 2020, employers shall ensure cooperation between management, workers and their representatives on matters relating to safety and health in the workplace, and organize quarterly and bilateral meetings between management and workers’ representatives on such matters. The Committee also notes that paragraph 4.9 of the Policy provides for employers’ duty to establish safety and health committees at the level of the enterprise to facilitate the implementation of OSH policies and programmes. The Committee requests the Government to provide further information on the application in practice of the requirement to establish safety and health committees at the undertaking level. The Committee also requests the Government to provide further information on measures taken to ensure that representatives of workers are given adequate information on the measures taken by employers’ to secure OSH and also on the measures which are in place for employers to consult with representative organisations about such information, provided they do not disclose commercial secrets.

Article 21. OSH measures involving no expenditure for workers. The Committee notes the requirement in paragraph 4.4.1 of the National OSH Policy 2020, that occupational health protection and personal protective clothing and equipment, which are appropriate for the nature of the job, be provided by the employer at no cost for the workers. Noting that Article 21 extends to OSH measures in general, the Committee requests the Government to specify whether the obligation that there should be no cost for workers extends to all OSH measures.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Nigeria on 8 January 2019 and 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that, concerning the implementation of the Convention, it has organized special follow-up activities, including a national legislation review and a tripartite workshop which was held on 16–20 December 2019. The Committee notes in particular that the Merchant Shipping Act, 2007 and its regulations, as well as the Nigerian Maritime Administration and Safety Agency Act, 2007 (NIMASA Act, 2007) are being amended, and that the labour law review process is under consideration. Noting the Government’s indication that its domestic laws are currently under review, the Committee requests the Government to adopt the necessary measures to implement the Convention, indicate the progress made in this regard and provide a copy of the amended legislation once adopted.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. In its previous comment, the Committee noted that section 64 of the NIMASA Act, 2007 and section 444 of the Merchant Shipping Act, 2007, exclude masters, pilots and cadets from the definition of seafarer. It requested the Government to indicate any measures adopted to amend the legislation in order to give full effect to Article II, paragraph 1(f) of the Convention. The Committee notes the Government’s information that the competent Authority held a zonal and national tripartite meeting with relevant stakeholders in order to amend the relevant national provisions and cover “masters” in the definition of seafarers, as well as “cadets” so that they can meet the minimum mandatory seagoing service and that it will inform the Committee on developments on this matter. The Committee also notes the Government’s information that the bill amending the Merchant Shipping Act, 2007 incorporates master and cadets as seafarers and is currently before the National Assembly. The Government further indicates that article 1.1 of both the National Joint Industrial Council (NJIC) Collective Bargaining Agreement on conditions of service for Nigerian seafarers in offshore sector, and the NJIC agreement for Nigerian Coastal Sector, signed in 2019, state that “this agreement expressly incorporates the provision of the Maritime Labour Convention, 2006 as amended and applies to all seafarers on ship as defined by the Convention”. The Committee hopes that the amended legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once adopted.

Article II, paragraphs 1(i), 4, 5 and 6. Definitions and scope of application. Ships. The Committee previously noted that a number of provisions, including the Merchant Shipping Act, 2007, and the Regulations to the Merchant Shipping Act, 2010, exclude from their application ships under a certain tonnage, including those engaged on international voyages and requested the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all ships within the meaning of the Convention. The Committee notes the Government’s information that during the December 2019 Second National Tripartite Workshop, the Government and the social partners agreed to the need to use the MLC, 2006 provisions as the working document to amend the Merchant Shipping Act, 2007 and the NIMASA Act 2007 to address the provision of Article II, paragraphs 1(i), 4, 5 and 6 regarding the scope of application of the Convention. The Committee further notes that the tripartite workshop indicated that the tonnage should be pegged at 200GT for the purpose of clarity. The Committee recalls that Article II, paragraph 6, provides flexibility with respect only to the application of “certain details of the Code”, that is Standards and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). Noting the Government’s indication that it will reconsider its national provisions to give effect to the Convention, the Committee requests the Government to provide detailed information on measures adopted or envisaged in order to ensure that any exemption granted to the application of the MLC, 2006 is limited to certain details of the Code, as required by Article II, paragraph 6, of the Convention and to provide information on any developments in this regard.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting that section 61(1) of the Labour Act CAP. L1, 2004 provides for a minimum age of 15 to be employed on a vessel and that section 61(2) and (3) allows for exceptions under certain circumstances, the Committee requested the Government to provide information on any progress with respect to the amendment of its legislation to ensure full conformity with this provision of the Convention. The Committee notes the Government’s indication that national provisions on minimum age are currently under tripartite review and the Government will ensure that no person under the age of sixteen shall be engaged or work on board a ship. The Government further indicates that the labour law review process is under consideration by the Ministry of Labour and Employment in consultation with the social partners with a view to be submitted to the Federal Executive Council. The Committee requests the Government to adopt without delay the necessary measures to give effect to Standard A1.1, paragraph 1, to indicate the progress made in this regard and to provide a copy of the amended legislation once adopted.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee previously noted that pursuant to section 60(5) of the Labour Act CAP L1, the Minister may prescribe, with respect to night work for young persons over the age of 16 years but under the age of 18 years, different intervals for different areas, industries, undertakings or branches of industries or undertakings in consultation with the employers’ and workers’ associations or organizations concerned. Recalling that exceptions to the strict compliance with the night work restriction may only be made by the competent authority according to Standard A1.1, paragraph 3, the Committee requested the Government to take steps to amend its legislation to give full effect to this provision of the Convention. Noting that no further information has been communicated in this respect, the Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that the list of hazardous work has been agreed upon in consultation with the social partners and is now pending before the Federal Executive Council for approval and onward transmission to the National Assembly. The Committee requests the Government to adopt the necessary measures without delay to implement Standard A1.1, paragraph 4, and to provide information on any development on the adoption of the list of such types of work as well as a copy thereof once available.

Regulation 1.2 and the Code. Medical certificate. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to give effect to the following requirements: (i) that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) that the maximum period of validity of the medical certificate for seafarers under the age of 18 is of one year (Standard A1.2, paragraph 7); (iii) that the period of permission to be employed without a valid medical certificate shall not exceed three months and that the seafarer concerned is in possession of an expired medical certificate of recent date (Standard A1.2, paragraph 8); and (iv) that in the circumstance where a certificate expires in the course of a voyage, it shall continue in force until the next port of call, and the period of such permission shall not exceed three months (Standard A1.2, paragraph 9). The Committee notes the Government’s indication that it is contemplating filling the gap of the national legislation in relation to the requirement of the Convention regarding medical certificate and that such action should be taken in the framework of the National Labour Law review exercise, which is in progress. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Regulation 1.2 and the Code, and to provide a copy of these measures once adopted.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. In its previous comment, the Committee requested the Government to indicate how it is ensured that the seafarers’ employment agreement (SEA) is signed by the shipowner or shipowner’s representative as required by Standard A2.1, paragraph 1(a) and to clarify whether the master acts as a representative of the shipowner, considering that sections 92(2) and 93 of the Merchant Shipping Act, 2007 refer to an agreement between the master and the seafarer. The Committee notes the Government’s indication that it is contemplating to amend the national legislation including sections 92(2) and 93 of the Merchant Shipping Act, 2007 in order to comply with Standard A2.1, paragraph 1, of the Convention and that in the meantime Article 1.2 and 1.3 on General obligation of the NJIC collective agreements indicates that each party to the agreement undertake to give complete effect to the provisions set out in the MLC, 2006, as amended. The Committee also notes that the copy of a SEA provided by the Government is made between the seafarer and a company/employer, and signed by the crew manager, and does not provide concrete information on the identity of the shipowner and whether any signatory of the SEA other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1(a ), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer), the Committee requests the Government to adopt the necessary measures to ensure full conformity with Standard A2.1, paragraph 1(a) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. Noting that section 95(4) of the Merchant Shipping Act, 2007, provides that when the crew is first engaged, an agreement under this section shall be signed in duplicate, and one part retained by the superintendent, and the other shall be delivered to the master and shall contain a special place for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship, the Committee requested the Government to clarify whether the crew agreement is concluded on an individual basis for each seafarer, and to indicate if that is the case, how effect is given to Standard A2.1, paragraph 1(c), which requires that the shipowner and seafarer concerned shall each have a signed original of the SEA. The Committee notes the Government’s indication that section 95(4) of the Merchant Shipping Act, 2007 makes reference to the form of the SEA which is usually a fixed contract and in this regard the superintendent is only a witness and a representative of the competent authority, and that this does not in any way prevent the shipowners and seafarers concerned from having a signed copy of other forms of employment agreement. While noting this information, the Committee requests the Government to indicate the measures envisaged or taken to ensure that seafarers are given in all cases an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1(c).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee previously noted that section 110(1) of the Merchant Shipping Act, 2007, provides that, upon discharge of the seafarer before the superintendent, the master shall make and sign, in the prescribed form, a report of the conduct, character and qualifications of the seaman discharged, or may state in the form that he declines to give any opinion upon any or all of the particulars. The Committee requested the Government to indicate the measures taken to ensure full compliance with the requirement of Standard A2.1, paragraph 3 that a seafarer’s record of employment or discharge book does not contain any statement as to the quality of the seafarer’s work and to provide a copy of a seafarer’s record of employment. The Committee notes the Government’s indication that it is currently in the process of amending its national legislation, including the issue of compliance with section 110(1) of the Merchant Shipping Act, 2007 in line with the provisions of Standard A2.1, paragraph 1(e) and 3, of the Convention. While noting also the Government’s indication that the seafarers discharge book and record of employment do not contain any statement on the quality of the seafarers work, the Committee however observes that the copy provided includes a “report of character” for ability as well as for general conduct. The Committee accordingly requests the Government to adopt the necessary measures to give full effect to this requirement of the Convention not only in legislation but also in the implementing documents.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that some of the particulars listed under Standard A2.1, paragraph 4, are not mentioned in section 93(3) of the Merchant Shipping Act, 2007 and requested the Government to indicate how it ensures compliance with Standard A2.1, paragraph 4(b), (i) and (j). While noting the Government’s indication that the Declaration of Maritime Labour Compliance (DMLC), Part I, drawn by the competent authority (NIMASA), incorporates the particulars listed under Standard A2. 1, paragraph 4 of the Convention, in particular the shipowner’s name and address, the entitlement to repatriation and reference to any applicable collective bargaining agreement, the Committee observes that the DMLC, Part I only refers to the agreement being “signed by the parties and witnessed by the Administration” and that the copy of the SEA provided is signed by the crew manager and does not provide concrete information on the identity of the shipowner. Recalling that each Member shall adopt laws and regulations specifying the matters that are to be included in all SEAs governed by its national law, the Committee requests accordingly the Government to adopt the necessary measures to ensure that, both in law and in practice, SEAs contain all of the particulars required by Standard A2.1, paragraph 4.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee previously noted that while the example of SEA provided by the Government states that the minimum notice period to be given by both parties is one month, section 94 of the Merchant Shipping Act, 2007, with respect to termination does not provide for minimum notice periods. The Committee requested the Government to indicate the measures taken or envisaged to establish minimum notice periods by law or regulations as required by the Convention. The Committee notes the Government’s indication that it is currently in the process of amending section 94 of the Merchant Shipping Act, 2007 in line with the requirements of Standard A2.1, paragraph 5 of the Convention, to include the minimum notice period of termination in the seafarer’s employment agreement, and that the NJIC collective agreements already provide for a minimum notice period for termination of four weeks by both parties. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 5 and to provide information on any developments in this regard.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee previously requested the Government to indicate how effect is given to the requirement of Standard A2.2, paragraph 5, of the Convention, that any charge for the service of transmitting earnings to seafarers’ families is reasonable in amount and the rate of currency exchange, unless otherwise provided, is, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer. Noting that no information has been provided in this respect, the Committee requests once again the Government to indicate the measures taken or contemplated to give full effect to the requirements of Standard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee requested the Government to indicate how it is ensured that the normal working hour’s standards for seafarers include one day of rest per week and rest on public holidays, as provided for under Standard A2.3, paragraph 3. The Committee notes the Government’s indication that the inconsistencies on the hours of work and rest are being addressed in the framework of the ongoing Labour review process. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.3, paragraph 3 and to provide information on any development in this regard.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Division of hours of rest. The Committee previously noted that the provisions of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 2010, are not in conformity with the Convention as they do not provide for minimum hours of rest which shall not be less than 77 hours in any seven-day period and requested the Government to modify its legislation accordingly. The Committee notes the Government’s indication that in consultation with social partners and stakeholders it proposes to amend section 6(5)(c) of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 2010, so as to ensure compliance with the provisions of Standard A2.3, paragraphs 5, 6 and 13 of the Convention and that these amendments may need to be applied progressively within a short time frame. The Committee requests the Government to adopt the necessary measures to fully comply with Standard A2.3, paragraphs 5, 6 and 13, to provide updated information on the progress made in this respect as well as a copy of the amended texts once they are adopted.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee previously requested the Government to indicate how it ensures that seafarers are entitled to repatriation when the SEA is terminated by the seafarer for justified reasons in accordance with Standard A2.5.1, paragraph 1(b)(ii). While noting the Government’s indication that Article 18.4 of the previous NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors has been replaced by Article 19 of the NJIC for Nigerian Coastal Sector of 20 August 2019, the Committee observes that Article 19.4 still provides that a seafarer shall be entitled to repatriation at the Company’s expense on termination of employment, except where he/she terminates employment by giving one month’s written notice of termination to the Company or the Master of the Ship. The Committee also notes that Article 3 of this collective Agreement provides that during the minimum probationary period of 6 months of service, both the Seafarer and/or the Company shall be entitled to terminate the employment prior to the expiration of the contract during this period and in such an event, the cost of repatriation shall be the responsibility of the party who gives notice of termination. Noting that both provisions are not in conformity with the Convention, the Committee requests the Government to take the necessary measures to ensure full compliance with Standard A2.5.1, paragraph 1(b)(ii) and (2).

Regulation 2.5 and Standard A2.5.1, paragraph 2. Repatriation. Circumstances. Maximum period of service on board. In its previous comment, the Committee requested the Government to specify the national measures which prescribe that the maximum duration of service periods on board following which a seafarer is entitled to repatriation shall be less than 12 months, as provided for under Standard A2.5.1, paragraph 2(b). Noting that the Government does not provide specific information on the question previously raised, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged in order to prohibit any advance payment towards the cost of repatriation by the seafarer and to prevent shipowners from recovering the cost of repatriation, except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations (Standard A2.5.1, paragraph 3). The Committee notes the Government’s indication that in the framework of the current national legislation review exercise, the Government will, in consultation with social partners and stakeholders, fill the legal gap of the Merchant Shipping Act, 2007, in order to prohibit any advance payment towards the cost of repatriation by the seafarers and to prevent shipowners from recovering the cost of repatriation, except in the cases provided for in Standard A2.5.1, paragraph 3. Noting the Government’s indication that Nigeria is currently in the process of updating its legislation, the Committee requests the Government to adopt the necessary measures to comply with Standard A2.5.1, paragraph 3 and provide information on the progress made in this regard.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. Abandonment. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2 to ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes the Government’s indication that it is in the process of revising its legislation and that, the Government will, in consultation with social partners and stakeholders, fill the national legal gap regarding the abandonment of seafarers. The Committee also notes that the updated copy of the DMLC, Part I, as well as the example of a DMLC, Part II, drawn up by a shipowner, communicated by the Government, incorporate the information required further to the adoption of the 2014 amendments to the MLC, 2006. The Committee requests the Government to adopt the necessary measures to comply with Standard A2.5.2 and to provide updated information on the development of legislation.

Regulation 2.6 and Standard A2.6. Seafarer compensation for the ship’s loss or foundering. Noting that section 152(3) of the Merchant Shipping Act of 2007 excludes a seafarer from any entitlement to receive wages in the event of shipwreck if it is proven that the seafarer has not exerted himself to the utmost to save the ship, cargo and stores, the Committee recalled that such restriction is not provided for under Standard A2.6 and requested the Government to amend its legislation in order to fully comply with the requirements of the Convention. The Committee notes the Government’s indication that, in consultation with social partners and stakeholders, it will propose amending section 152(3) of the Merchant Shipping Act, 2007, in order to ensure that in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering as required by Regulation 2.6 and Standard A2.6, paragraph 1 of the Convention. The Committee takes note of this information and requests the Government to provide information on the progress made towards revising its legislation.

Regulation 2.7 and Standard A2.7, paragraphs 1 and 3. Manning levels. The Committee had requested the Government to provide information on measures adopted to ensure that all ships, including those of less than 500 gross tonnes are sufficiently, safely and efficiently manned as required by the Convention. The Committee notes the Government’s indication that it is in the process of reviewing its legislation in consultation with social partners and stakeholders, and that it suggests amending section 2 of the Merchant Shipping (Safe Manning and Hours of work) Regulations, 2010, so that all ships have a sufficient number of seafarers (including, when relevant, a fully qualified cook) on board to ensure that ships are operated safely, efficiently and with due regard to security as required by Standard A2.7 of the Convention. It further states that, in the interim, the issues relating to manning levels are dealt with under Articles 14 and 15 of the NJIC for the coastal sector. The Committee requests the Government to adopt the necessary measures to give effect to Regulation 2.7 and to provide information on any development in this regard.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. In its previous comment, the Committee noted that for ships built before the entry into force of the MLC, 2006, the requirements for the construction and equipment of ships set forth in the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) are implemented by the Merchant Shipping Act, 2007. Noting however that the provisions of the Merchant Shipping Act, 2007 do not give effect to many of the requirements of Convention No. 133, the Committee requested the Government to indicate how it ensures compliance with the requirements of Convention No. 133 for ships that continue to fall under the application of this Convention. The Committee notes the Government’s indication that the Government is in the process of reviewing its national legislation and that it will, in consultation with the shipowners’ and seafarers' organizations, take the necessary measures to ensure compliance of national laws, regulations and practice with the requirements of Convention No. 133 for ships that continue to fall under the application of this Convention. The Government further indicates that in the interim, Article 29 of the NJIC for the coastal sector deals with seafarer's food, accommodation, bedding, amenities and others. Observing that the national legislation is currently under revision, the Committee requests the Government to adopt the necessary legislation and to provide a copy of the updated provisions on accommodation requirements once adopted.

The Committee further requested the Government to indicate how its regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention. Noting the Government’s indication that its legislation is currently under revision, the Committee requests the Government to provide an update on all measures being prepared or already adopted to give effect to the requirements of Standard A3.1, paragraph 2(a).

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. In its previous comments, the Committee noted that the provisions of the Merchant Shipping (Crew Accommodation) Regulations, 2010 with respect to the minimum floor area for sleeping rooms and the minimum size of the beds provided for the crew do not seem to take into account the different requirements of Standard A3.1, paragraph 9. Noting the Government’s indication that it acknowledges the inconsistency between the Merchant Shipping (Crew Accommodation) Regulations, 2010 and the Convention and that it will take necessary measures to remedy the inconsistency, the Committee requests the Government to adopt the necessary measures and to provide information on any developments in this regard.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. In its previous comment, noting that several provisions of the Merchant Shipping (Crew Accommodation) Regulations, 2010 allow exemptions to the requirements of Standard A3.1, paragraphs 6 (headroom), 10 (mess rooms), 11 (sanitary facilities), and 12 (hospital accommodation), the Committee requested the Government to indicate the measures taken or envisaged to ensure that all exemptions to the application of the Regulations are made within the limitations provided for under Standard A3.1, paragraphs 20 and 21. Observing that the national legislation is currently under review, the Committee requests the Government to adopt the necessary measures to fully comply with Standards A3.1, paragraphs 20 and 21 and to provide information on any developments in this regard.

Regulation 3.2, paragraph 2. Food and catering. Food free of charge. The Committee previously requested the Government to ensure that seafarers on board a ship shall be provided with food free of charge during the period of engagement and that no exception is permitted in this regard. The Committee notes the Government’s indication that, in consultation with social partners and stakeholders, it will propose amending regulation 29(1) of the Merchant Shipping (Crew Accommodation) Regulations, 2010, to ensure that no exception is permitted to the provision of food free of charge to seafarers on board a ship during the period of engagement, as provided for under Regulation 3.2, paragraph 2 of the Convention. The Committee requests the Government to provide information on any developments in ensuring full conformity with Regulation 3.2, paragraph 2 of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2 (b). Food and catering. Organization and equipment. Noting the absence of information on the national provisions requiring that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions, the Committee requested the Government to indicate how effect is given to Standard A3.2, paragraph 2. Noting the Government’s indication that its legislation is currently under review, the Committee requests the Government to adopt the necessary measures to comply with Standard A3.2, paragraph 2(b) and to indicate the progress made in this regard.

Regulation 3.2 and Standard A3.2, paragraph 5. Food and catering. Dispensation of a fully qualified cook. The Committee previously noted that regulation 5(3) of the Merchant Shipping (Manning) Regulations, 2010, provides that a “foreign-going” ship to which these Regulations apply, which is 1,000 gross tonnes or upwards, shall carry a certificated ship’s cook. Noting that the only exceptions allowed by the Convention to carry a fully qualified cook for ships with a prescribed manning of ten or more are circumstances of exceptional necessity (respectively Standard A3.2, paragraphs 5 and 6), the Committee requested the Government to adopt the necessary measures to ensure full compliance with this provision of the Convention. Noting the Government’s indication that its national legislation is under revision, the Committee requests the Government to adopt the necessary measures to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee requested the Government to indicate how effect is given to the requirement that seafarers working on ships flying its flag have the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)). The Committee notes that the national legislation is currently under review and that the provision of the NJIC for Nigerian Coastal Sector of 20 August 2019 provides that a seafarer shall be entitled to medical attention, including hospitalization at the Company’s expense. The Committee however notes that the SEA communicated by the Government states in paragraph 1.h) that “in the event of illness or injury to the Employee arising out of and in course of his employment not due to his wilful misconduct and occurring while on duty or in the course of duty, the Company will provide Employee with free medical attention including hospital treatment. Such free medical attention shall exclude dental, optical, and gynaecological treatments”. Noting the inconsistencies between relevant national measures and the Convention, the Committee requests the Government: (i) to take the necessary steps to ensure that seafarers are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)); and (ii) to provide clarifications as to what are the medical health and health protection services provided free of charge to the seafarer while on board or landed in a foreign port (Standard A4.1, paragraph 1(d)).

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee previously noted that articles 20 and 21 of the NJIC Collective Agreement on the Conditions of Service of Nigerian Crew for Coastal and Fishing Sectors provide for different periods of liability of the shipowner depending on whether the seafarer is sick or injured. Articles 20 and 21 limit to a maximum of 60 days after repatriation in case of sickness the period for which a shipowner is liable with respect to the expense of medical care and wages, while in the case of injury, the period of liability shall be for so long as medical attention is required or until a medical determination is made. The Committee requested the Government to indicate how it ensures that the period of shipowners’ liability, in respect of a seafarer no longer on board, is not less than 16 weeks from the day of the injury or the commencement of the sickness. Noting the Government’s indication that national legislation is currently under review, the Committee requests the Government to provide information on any development on measures adopted to ensure, in all cases, a coverage of a period of not less than 16 weeks as required by Standard A4.2.1, paragraphs 2 and 4.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. Noting that the exclusion of the shipowner’s liability in the circumstance of “own misbehaviour” of a master, seaman or cadet provided for by section 183(1) of the Merchant Shipping Act, 2007 is broader than the exemption permitted under Standard A4.2.1, paragraph 5, which refers to “wilful misconduct”, the Committee requested the Government to indicate how it ensures that any exclusion to the shipowner’s liability to bear costs is limited to the cases foreseen in Standard A4.2.1. Noting that no information has been provided regarding the requirement that any exclusion to the shipowner’s liability to bear costs is limited to the cases foreseen in Standard A4.2.1, the Committee therefore requests the Government to adopt the necessary measures to fully comply with this requirement of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes that the updated copy of the DMLC, Part I as well as the example of a DMLC, Part II, drawn up by a shipowner, communicated by the Government, incorporate the information required further to the adoption of the 2014 amendments to the MLC, 2006. The Committee also notes the Government’s indication that the national legislation is in the process of being revised. The Committee requests the Government to adopt the necessary measures to fully comply with the requirements of the Convention as amended in 2014 and to provide information on any developments in this regard.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Observing that the Government has not provided information on the adoption of regulations or specific measures adopted to implement Standard A4.3 on health and safety protection and accident prevention, the Committee requested the Government to indicate the measures taken or envisaged in this regard. Noting that the Government does not provide specific information on the question previously raised, the Committee requests the Government to adopt the necessary measures to give effect to the detailed provisions of Regulation 4.3 and the Code.

Regulation 4.5 and the Code. Social security. Noting that, at the time of ratification, the Government has specified medical care; sickness benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit and invalidity benefit as the branches of social security for which protection is provided, the Committee previously requested the Government to provide detailed information on the measures that give effect to the requirements contained in Regulation 4.5 and Standard A4.5. The Committee observes that the Employee’s Compensation Act, 2010, regulates some of the declared branches of social security for which protection is provided. The Committee however notes that no references to implementing legislation were provided in relation to medical care, old-age benefit, and family benefit. The Committee requests the Government to provide detailed information on all the measures that provide seafarers ordinarily resident in Nigeria with protection for the branches of social security which it has declared applicable, specifying the applicable national provisions and including details of the benefits provided under each of the branches mentioned above. It further requests the Government to provide information on whether seafarers ordinarily resident in Nigeria working on ships operating under the flag of another country are provided with social security protection as required under Regulation 4.5 and the Code.

Regulation 5.2.1 and the Code. Port State responsibilities. The Committee previously noted the Government’s indication that Nigeria has adhered to the Abuja Memorandum of Understanding on Port State Control for West and Central Africa (Abuja MoU). While recognizing the value of the coordinated implementation of inspections under port State control at the level of this regional organization, the Committee requested the Government to provide detailed information on the procedures established at the national level to implement its port State responsibilities under the MLC, 2006. The Committee observes that the Government has submitted a labour inspection checklist for Port State procedure relating to the living and working conditions of seafarers. However, the Committee notes that the Government has not provided detailed information on the manner in which effect is given to the requirements of Regulation 5.2.1 and Standard A5.2.1, particularly on the guidance given to authorized officers as to the kinds of circumstances justifying detention of a ship. The Committee requests the Government to provide this information as well as explanations on the method used to evaluate the effectiveness of the port State inspection and monitoring system (Regulation 5.2.1, paragraph 4).

[The Government is asked to reply in full to the present comments in 2024.]

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. The Committee notes with interest the adoption of the revised National Employment Policy (NEP) on 19 July 2017, which provides for a range of improvements to the employment service system. In particular, the Committee welcomes section 4.7.6 of the NEP, in which the Government undertakes to improve the collection, processing and analysis of employment statistics and other labour market information for purposes, inter alia, of improved employment and social development planning, and with the objective of establishing and maintaining functional and timely information regarding job vacancies, sectoral changes, geographical imbalances and other labour and income trends. The Committee further notes that, pursuant to section 4.7.7 of the NEP, the Government, through the Federal Ministry of Labour and Employment (FMLE), is to establish a minimum of two community employment centres (CECs) in all 744 local government areas in the country. The CECs are to provide a full range of employment services to jobseekers in rural and urban communities in the country, including training, referrals, career counselling and information on job vacancies. The Committee requests the Government to provide detailed information on the measures taken or envisaged to implement the provisions of the NEP and its accompanying employment matrix, relating to the structure and functioning of the employment service. The Committee also requests the Government to provide updated information, including statistical information disaggregated by age and sex, on the number and location of public employment offices, including the CECs established in the different areas of the country, the number of new staff recruited, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices. The Government is requested to indicate the manner in which the employment service, in collaboration with other public and private bodies concerned, ensures the best possible organization of the labour market with a view to the achievement and maintenance of full, productive and freely chosen employment.

Articles 4 and 5. Consultations with the social partners. The Committee notes the Government’s indication that the social partners, along with other stakeholders, participated in the review and validation of the revised NEP and its accompanying implementation matrix prior to its adoption by the Federal Executive Council in July 2017. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the provisions of Article 4, which requires arrangements to be made through one or more national advisory committees – and where necessary regional and local committees – for the cooperation of the social partners in the organization and operation of the employment service and the development of related policy. In this context, and referring once again to its previous comments, the Committee reiterates its request that the Government provide information on consultations held in the National Labour Advisory Board on the organization and operation of the employment exchanges and professional and executive registries, as well as on the development and implementation of employment service policies and programmes.

Article 6. Organization of the employment service. The Government reports that some of the employment exchanges and the professional and executive registries in Nigeria have been upgraded to model job centres. It adds that the services provided by the exchanges have been upgraded and their facilities computerized, enabling them to replace manual registration of jobseekers with an electronic platform linked to the National Electronic Labour Exchange (NELEX), enabling jobseekers and employers to meet online and access employment services. The Committee requests the Government to provide updated detailed information, including statistical information on the impact of reorganization and restructuring of the employment services under the revised NEP. The Committee further requests the Government to provide up-to-date information on the operation of the job centres and their contribution towards meeting the needs of employers and workers, particularly in those regions of the country with high levels of unemployment. The Government is also requested to provide updated information in its next report on progress made regarding the establishment of CECs in all 744 local government areas of the country, as called for under the NEP, as well as on other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.

Article 7. Particular categories of jobseekers. The Committee welcomes the provisions in sections 4.7.3 and 4.7.4 in the revised NEP, in which the Government undertakes to develop and implement a range of measures to ensure the greater participation of women in the workforce and the full employability of persons with disabilities, respectively. In respect of the employment of women, the Committee notes that the federal and state Governments are to develop self-employment promotion programmes for women, especially in rural communities, and the Federal Ministry of Women’s Affairs and Social Development, together with related state ministries and local government councils, shall establish mentorship programmes and gender-specific career counselling in the 744 local government areas (NEP, section 4.7.3). In relation to the employment of persons with disabilities, section 4.7.4 of the NEP provides, inter alia, that the Government will facilitate the passage of a draft law on persons with disabilities and establish vocational rehabilitation centres to develop and enhance the skills and potential of persons with disabilities. The Committee requests the Government to provide comprehensive updated information on measures taken to promote women’s employment, particularly in rural communities, including information on the mentorship and gender-specific career counselling services provided in the local government areas, specifying the involvement of the employment service in this respect. The Committee further requests the Government to provide detailed information on measures taken or envisaged to give full effect to the provisions of section 7.7.4 of the NEP, including providing a copy of the law on persons with disabilities once it is adopted. The Committee recalls that the Government may avail itself of technical assistance with regard to the achievement of these objectives.

Article 8. Employment of young persons. The Committee notes the focus in section 4.7.1 of the NEP on job creation for young persons, particularly in the agricultural sector. In particular, the Government contemplates providing temporary employment for 500,000 graduates annually in the areas of education, agriculture, health and taxes. Referring once again to its previous comments, the Committee requests the Government to provide detailed information on the impact of the measures taken by the employment service to assist young persons in securing suitable employment, as well as information on the impact of measures taken by the National Directorate of Employment and the National Poverty Eradication Programme in this respect. The Government is also requested to provide information on the specific measures taken to implement the provisions of the NEP on youth entrepreneurship – including training and facilitating access to credit, insurance and other financial services – and skills acquisition for unemployed youth. It further requests the Government to provide information on the specific services and activities offered by the employment service in relation to the achievement of the objectives set out in section 4.7.1 of the NEP of generating employment opportunities and promoting skills acquisition for young persons.

Article 10. Measures to encourage the full use of employment service facilities. The Government indicates that private employment agencies (PEAs) are encouraged to advertise all job vacancies on the NELEX platform. In addition, it envisages taking steps to raise public awareness of the activities of the employment exchanges and the NELEX platform. The Committee reiterates its previous request that the Government provide detailed information on the measures taken or envisaged by the employment services, with the cooperation of the social partners, to encourage the full use of employment service facilities. The Government is requested to provide specific examples of activities conducted to reach out to the local workforce in various geographical regions of the country.

Article 11. Cooperation between public and private employment agencies not conducted with a view to profit. The Committee notes the provisions of the NEP concerning the regulation of the activities of PEAs operating in the country. In particular, the Government, through the FMLE, undertakes to ensure adequate protection for the workers placed by such agencies. The Government reports that annual capacity-building workshops carried out with PEAs have strengthened existing cooperation between the employment service and PEAs. It adds that the workshops have resulted in improved compliance by PEAs with statutory provisions and have raised their awareness of decent work principles. The Committee requests the Government to continue to provide updated information on the measures taken or envisaged to ensure effective cooperation between the public employment service and PEAs not conducted with a view to profit, including information on the content and outcome of the annual capacity building workshops for such agencies.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1–4 of the Convention. National policy. Promoting opportunities in the open labour market for persons with disabilities. The Committee notes that the Government’s report fails to address most of the issues raised in its previous comments regarding the application of the Convention since its ratification. The Committee noted the Government’s indications concerning a draft bill that was then before the National Assembly and which intended to ensure full integration of Nigerians with disability into society. Moreover, despite a comprehensive National Policy on the Rehabilitation of Persons with Disabilities, including implementation strategies, the Government states in a very brief report that it had ensured at least 2 per cent of the workforce for suitably qualified persons with disabilities; additionally, that letters of recommendations have been issued in order to enable persons with disabilities to be gainfully employed; that economic empowerment programmes have been organized, and that mobility aids and appliances have been distributed. Moreover, the Government indicates that it has endeavoured to ensure availability of vocational rehabilitation to all categories of persons with disabilities. The Committee renews its request for full information on the matters raised in its previous comments, particularly specific information on the status of the draft bill. The Committee requests the Government to provide full information on the implementation of the National Policy on the Rehabilitation of Persons with Disabilities. Please also provide relevant information on the application of the Convention, including statistical information disaggregated, as much as possible, by age, sex and nature of the disability, as well as extracts from reports and studies or inquiries on the matters covered by the Convention.

Article 5. Consultations. The Committee once again requests the Government to describe in detail the manner in which representative organizations of employers and workers, and representative organizations of and for persons with disabilities are consulted in practice regarding the implementation of the vocational rehabilitation and employment policy for persons with disabilities.

Articles 7 and 9. Services for persons with disabilities. Qualified staff for persons with disabilities. The Government indicates that it ensures that persons engaged in providing and evaluating vocational guidance, vocational training, placement, employment and other related services to persons with disabilities have adequate knowledge of disabilities and their limiting effects, as well as integrating them into active economic and social life. The Committee requests the Government to describe the measures taken or envisaged with a view to providing and evaluating vocational guidance and vocational training services for persons with all types of disabilities, and to indicate whether existing services for workers are being used with necessary adaptations. The Committee renews its request to the Government to provide further information on the number of persons trained and qualified staff made available to persons with disabilities.

Article 8. Rural areas and remote communities. The Government indicates that, in rural and remote communities, trainable persons with disabilities are attached to local craftsmen such as tailors, hairstylists, barbers, vulcanizers. The Committee once again requests the Government to describe the measures taken to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Legislation giving effect to the Convention. The Committee notes that the Government refers in its 2017 report to the following texts giving effect to the Convention: the Factories Act, as amended in 2004, and its implementing regulations, the Docks (Safety of Labour) Regulations, 1958, and the Docks (Sanitary Accommodation) Regulations, 1958; the Nigerian Maritime Administration and Safety Agency (NIMASA) Act, 2007; and the Nigerian Merchant Shipping Act, 2007. The Government also indicates that it is in the process of drafting a bill on occupational safety and health that will specifically address the issue of the safety and health of port workers in accordance with international best practices and current realities. The Government adds that it is in the process of developing regulations on lifting equipment and allied work equipment. The Committee requests the Government to provide information on any progress made in the adoption of these laws and regulations and to provide copies once they are adopted.

Part V of the report form. Application in practice. The Committee recalls that since 2001 it has been asking the Government to provide information on the application of the Convention in practice. In its report, the Government included a report of an investigation of the accident that led to the death of two dockworkers in 2006 at terminal C of the Tincan Port in Lagos. The Committee observes that, according to this investigation, the safety measures adopted by the subcontractor were inadequate. The Committee requests the Government to provide detailed and updated information on the application of the Convention in practice including, for example, relevant extracts from inspection reports and current statistics on the number and nature of the violations reported and on the number, nature and cause of the accidents recorded.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to consider the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to report any developments and recalls that it can avail itself of ILO technical assistance in this regard.

Comments adopted by the CEACR: Nigeria

Adopted by the CEACR in 2022

C144 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C019 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C045 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C032 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)