Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Legislative developments. The Committee notes that a Labour Standards Bill has been prepared which, according to the Government, includes provisions on equality of opportunity and treatment. The Committee trusts that the new labour legislation will be in accordance with the Convention, prohibiting discrimination on all grounds listed in Article 1(1)(a) and in respect of all aspects of employment, including recruitment. The Committee requests the Government to continue to provide information on the progress made in enacting the new legislation and to provide it for examination by the Committee as soon as it is adopted. It also requests the Government to continue to provide information on the status of the Bill concerning the Convention on the Elimination of all Forms of Discrimination against Women (“CEDAW Bill”) currently before the National Assembly, as well as the legislative amendment proposed by the Federal Character Commission concerning the achievement of gender equality in all government appointments.

2. Application of section 42(3) of the Constitution. The Committee reiterates its request to the Government to indicate any laws or regulations that impose restrictions with regard to appointments as referred to in section 42(3) of the Constitution, and to provide copies of the relevant texts in its next report.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the CEDAW Bill will help to promote equal access of men and women to vocational training as well as to promote gender equality in both the formal and informal sectors of the economy. The Federal Ministry of Women Affairs is working on a new National Gender Policy that will replace the National Policy on Women. The Committee hopes that the National Gender Policy will set out clear objectives with regard to promoting women’s equality in employment and occupation, provide for concrete measures to address the existing inequalities and identify the authorities and bodies responsible for their implementation. It requests the Government to provide a copy of the National Gender Policy as soon as it is finalized. The Committee further requests the Government to provide statistical information on the participation of men and women in the labour market and in vocational training.

4. Equality of opportunity and treatment irrespective of race, colour, religion and social origin. The Committee notes the Government’s indication that the Labour Standards Bill covers discrimination on the grounds of race, colour, religion and social origin. It requests the Government to provide information on any measures taken or envisaged to promote equal employment opportunities, in the private and public sectors, for members of all ethnic and religious groups. Recalling its previous comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent, the Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination in its Concluding Observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee therefore requests the Government to elaborate on the measures taken to combat such practices, including through awareness raising.

5. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee would appreciate receiving information on whether the Government and the social partners have been carrying out any promotional activities or campaigns on equality at work, as well as information on any other initiatives to strengthen the application of the Convention through cooperation with workers’ and employers’ organizations.

6. Article 3(c). Repeal of provisions incompatible with the Convention. The Committee notes that a reform of the Police Act and Regulation is ongoing. Recalling its previous comments to the effect that sections 118–128 of the Nigeria Police Regulations are discriminatory on the basis of sex and thus incompatible with the Convention, the Committee urges the Government to bring the legislation into conformity with the Convention and to indicate in its next report the specific measures taken in this regard.

7. Article 3(d). Application of the Convention in public employment. The Committee notes the Government’s indication that the Labour Standards Bill’s provisions concerning discrimination will cover public sector employment. It once again requests the Government to explain the manner in which it is ensured that men and women in public employment, including in the civil service, receive benefits and allowances on an equal footing and to indicate any progress made in promoting women’s access to public employment in all sectors, occupations and levels of responsibility.

8. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee reiterates its request to the Government to provide information on any legislative or administrative measures that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict those persons’ access to employment and occupation.