Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Nigéria (Ratification: 2002)

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2023. The Committee also notes the International Trade Union Confederation (ITUC) observations received on 20 September 2023. It requests the Government to provide its reply to these observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, May–June 2023)

The Committee notes the detailed discussion that was held by the Committee on the Application of Standards (Conference Committee) at the 111th Session of the International Labour Conference (June 2023), regarding the application of the Convention by Nigeria.

The Committee further notes, from the Government’s report, that the Government, Nigeria Employers’ Consultative Association (NECA), Nigeria Labour Congress (NLC) and Trade Union Congress (TUC)) met on 4 October 2023 to deliberate the conclusions of the Conference Committee. The Government and social partners were in consensus that the issues raised by the Conference Committee needed to be addressed and indicated that their recommendations will be submitted to the National Labour Advisory Council (NLAC) in its next meeting. The Committee requests the Government to provide information on the progress made by the NLAC regarding the implementation of the recommendations of the Conference Committee.

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery and practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups in the country, the Conference Committee deeply deplored the current situation where children were being forcibly recruited by armed groups for use in armed conflict. It urged the Government to put a stop, in law and practice, to the forced recruitment or use of children into armed groups and to ensure the full and immediate demobilization, rehabilitation and integration of all children who are forced to join armed groups. It also urged the Government to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out.

In its observations, the ITUC expresses deep concern about the grave violations and abuses against children in conflict areas in Nigeria, including child abductions and the use of children as carriers of person-borne improvised explosive devices. It notes that the situation of conflict and insecurity instigated by Boko Haram and other terrorists and vigilante groups is responsible for exposing children to the menace. The ITUC takes note of the action taken by the Government to address the recruitment and use of children in armed conflict but encouraged the Government to do its utmost in addressing its obligations in this regard under the Convention. The IOE shares the concern expressed by the Conference Committee.

The Government indicates, in its report, that: (1) it takes due note of the conclusions of the Conference Committee and that it is improving the enforcement of existing laws and policies and putting in place measures to prevent children under the age of 18 from being admitted into the armed forces; (2) the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 (TPPEA Act), prohibits and penalizes the forced or compulsory recruitment of children for use in armed conflict (under section 19, perpetrators of trafficking of persons for the purpose of forced or compulsory recruitment for use in armed conflict are liable to no less than seven years of imprisonment and a fine of not less than one million Nigerian Naira (approximately US$1,300)); and (3) child victims of forced recruitment are adequately rehabilitated and socially integrated through the assistance of the Ministry of Humanitarian, Disaster Management and Social Development and the Ministry of Women’s Affairs, which ensure the provision of access to mental healthcare and psychological support services to support conflict affected children and their families.

While taking due note of this information, the Committee observes that in the latest conclusions on children in armed conflict in Nigeria of the United Nations Security Council of 29 September 2023, the Working Group on Children and Armed Conflict made a public statement in which it strongly condemned the continued recruitment and use of children, and strongly urged armed groups to immediately and without preconditions release all children associated with them and to hand them over to the relevant civilian child protection actors in coordination with the respective Nigerian authorities. It urged all parties to end and prevent the further recruitment and use of children in armed conflict, including the re-recruitment of children who have been released (S/AC.51/2023/2, para. 4(f), (n)). Accordingly,the Committee urges the Government to pursue and strengthen its measures to put a stop to the forced recruitment of children under 18 years into armed groups and ensure the thorough investigation and prosecution of all perpetrators of this worst form of child labour. The Committee requests the Government to provide information in this regard, as well as on the number and nature of penalties applied, including through the implementation of section 19 of the TPPEA Act. The Committee further requests the Government to ensure the full and immediate demobilization of all children who have been forcibly recruited into armed groups, to strengthen its measures to provide for their rehabilitation and social integration, and to provide concrete information on the results achieved.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Conference Committee expressed concern at the persistence of child trafficking, particularly of girls for the purpose of domestic servitude and sexual exploitation and boys for the purpose of child begging. It urged the Government to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed in law and practice.

In its observations, the ITUC highlights concerns that Nigeria remains a source, transit and destination country for victims of trafficking, with the internal trafficking of girls for the purposes of domestic servitude and sexual exploitation and boys for the purpose of child begging remaining rampant. Both the ITUC and the IOE request the Government to strengthen its efforts to combat child trafficking.

The Committee takes note of the data shared by the Government regarding the number of cases of trafficking, apprehended suspected traffickers and victims rescued. In particular, it notes that from January 2022 to September 2023, 1,577 child victims of trafficking were rescued, while 1,607 suspected traffickers were apprehended, and 132 perpetrators were convicted. The Committee observes that this data does not show, however, how many cases, prosecutions and convictions concerned child trafficking specifically.

The Committee further takes note of the detailed information on the measures taken to combat trafficking, including child trafficking. It notes that the institutional organ which coordinates actions to combat trafficking in Nigeria, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), intervenes through a five-pronged strategic approach, including policy and prosecution. In this regard, the Committee takes note of the development and implementation of the National Action Plan on Human Trafficking 2022-26 (NAP-HT), which contains a component on prosecution, law enforcement and access to justice. Objectives under this component include improving the capacity of prosecutors and the knowledge of judges on human trafficking; strengthening the collaboration among law enforcement agencies to improve detection and response to cases; and strengthening joint investigations and intelligence gathering between foreign intelligence agencies and NAPTIP. Moreover, the Government indicates that it is strengthening NAPTIP through the inauguration of State Task Forces against human trafficking in 23 states and the establishment of NAPTIP offices in 28 states. The Committee requests the Government to continue its measures to combat child trafficking by pursuing its capacity-building efforts by the NAPTIP and under the NAP-HT with a view to ensuring that the perpetrators of these acts are identified and prosecuted. It requests the Government to provide information on the concrete measures being implemented in this regard, and on the results achieved regarding child trafficking cases specifically, including the number and nature of penalties applied to the perpetrators.

Article 7(2)(a) and (e). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and special situation of girls. The Conference Committee urged the Government to take effective and time-bound measures to improve the functioning of the education system to facilitate access to free quality basic education for all children, particularly girls and children in street situations. It also requested the Government to take measures to increase the school enrolment and attendance rates at the primary and secondary levels and to decrease the school drop-out rates.

The ITUC observes that the Government must do all in its power to prevent the engagement of children in the worst forms of child labour by expanding access to free basic education and paying particular attention to girl child education in that regard. While taking note of the initiatives to improve enrolment of children in schools as a preventative measure, it notes that there are still major challenges with net attendance which was still low at about 70 per cent and 10.5 million out-of-school children, 60 per cent of them in northern Nigeria where children’s access to free basic education is seriously being hampered due to conflict.

The Committee takes note of the Government’s detailed information on the measures taken in this regard and the results achieved. As regards ongoing programmes, the Committee notes that the Universal Basic Education Commission (UBEC) of the Federal Ministry of Education carries out various activities and programmes aimed at enhancing the enrolment of children in schools. These include:

• With regard to improving access to education for girls: the Adolescent Girls Initiative for Learning and Empowerment (AGILE) project, a new initiative of the Government, supported by the World Bank, aimed at improving secondary education opportunities for girls aged 10 to 19, and the Second Chance Programme, to address some of the challenges faced by girls due to the conflict;
• With regard to safety in schools: the National Policy on Safe School Initiative to protect school children in war-torn areas and the National Policy on Safety, Security and Violence-Free Schools and its implementing guidelines to set a standard for comprehensive school safety plans; and
• With regard to out-of-school children: the Framework of Action on Out-of-School Children, adopted in 2022 to address the challenge of the increasing number of out-of-school children, and the Open Schooling Programme (OSP) to address this challenge by promoting enrolment, retention and completion of basic education in a flexible education system. The OSP is about to be piloted in 18 states and the Federal Capital Territory.

The Committee notes that, according to information available on the UNICEF website, the Government is indeed taking measures to improve access to education and learning opportunities for children, with tangible results. Nevertheless, according to the Nigeria Multiple Indicator Cluster Survey (MICS), published in 2022, about seven out of every ten children (68 per cent) of intended age for primary education are attending primary school or higher, while about five out of every ten children (47 per cent) of intended age for senior secondary education are attending senior secondary school or higher. Completion rates are at 73 per cent in primary education and 68 per cent in junior secondary education, and the percentage of out-of-school children at primary and junior secondary levels remain at an approximate 25 per cent. The Committee therefore strongly urges the Government to pursue its efforts to improve the functioning of the education system, to facilitate access for all children to free basic education and to ensure that children remain in school. The Committee requests the Government to continue to provide information on the implementation and results of the measures taken, in particular as regards increasing the school enrolment and attendance rates and decreasing the school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Conference Committee urged the Government to provide for the rehabilitation and social integration of children in street situations, including almajiri children (children in Islamic schools who are also sent out to beg). The Conference Committee asked the Government to provide information on the measures taken in this regard, including by the Almajiri Special Education Project.

Regarding the Almajiri Special Education Project, the Government indicates that the Federal Ministry of Education has conducted a regional stakeholder meeting to ascertain the number of almajiri and street children who were returned to their states of origin, but that the statistics and information regarding what was done for their reintegration have yet to be released. In addition, the Committee takes note of the adoption of the National Commission for Almajiri and Out-of-School Children Education Act, 2023, which establishes this National Commission. The objectives of the National Commission include the formulation of policies and guidelines in all matters related to almajiri and out-of-school children and the provision of funds for research and the preparation of reliable statistics. Moreover, the National Commission shall establish almajiri and out-of-school children education centres at such places as the Commission may determine. The Committee urges the Government to take the measures necessary to ensure the effective implementation of the National Commission for Almajiri and Out-of-School Children Education Act, 2023, and to provide information on the progress made and the number of almajiri and other children in street situations who, as a result, have been rehabilitated through education.It also requests the Government to provide information on the statistics obtained through the regional stakeholder meeting regarding the number of almajiri children who have been returned to their state of origin, and on the measures taken to ensure their reintegration into society, through the Almajiri Special Education Project.

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