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

Minimum Age Convention, 1973 (No. 138) - Nigeria (Ratification: 2002)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of a National Policy on Child Labour, 2013, followed by a National Action Plan for the Elimination of Child Labour 2013–17 (NAP) which aimed at reducing the prevalence of child labour by 2015 and its total elimination by 2020. It also noted from a report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, that among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour, with 10.5 million children involved in child labour. The Committee further noted the Government’s information that it had developed a National Reporting Template on child labour which would serve as a monitoring and evaluation mechanism thereby harmonizing the activities of each stakeholder.

The Committee notes the Government’s information in its report that the Federal Ministry of Labour and Employment carried out a capacity-building workshop to validate the National Reporting Template by the National Steering Committee in the six geopolitical zones of the country for the purpose of generating relevant and reliable data on the elimination of child labour. Moreover, this template has been forwarded to all the 36 states of the Federation, the Federal Capital Territory (FCT) of Abuja and to the various stakeholders at the state and local government levels and the responses are being collated. The Government also indicates that it has organized a workshop on capacity building for State controllers of Labour, Labour Desk Officers in the 36 states and the FCT as well as other stakeholders in the National Steering Committee on Child Labour. Furthermore, the Government indicates that the country commemorates the World day Against Child Labour annually to sensitize the public and create awareness on child labour and the need for its elimination. The Committee further notes the data provided by the Government on the application in practice of child labour provisions. Accordingly, 606 violations of child labour were detected and in three cases, prosecutions were made and sanctions were applied. However, the Committee notes that according to the report based on the Multiple Indicator Cluster Survey (MICS) 2016–17 conducted by the National Bureau of Statistics with the support from UNICEF and the United Nations Population Fund (UNFPA), 50.8 per cent of children aged between 5 and 17 are involved in child labour in Nigeria, of which 39.1 per cent are working in hazardous conditions. While noting the steps taken by the Government, the Committee expresses its deep concern at the large number of children engaged in child labour in Nigeria. The Committee therefore urges the Government to intensify its efforts to ensure the elimination of child labour as laid down in the National Policy on child labour. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved. The Committee also requests the Government to provide detailed information on the responses and data collected with regard to the employment of children and young persons through the National Reporting Template. Lastly, the Committee requests that the Government continue to provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

Article 2(1). Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee noted that section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), read in conjunction with the definition of an “employee” as laid down under section 60 of the Bill, does not apply to children working outside a formal labour relationship, such as children working on their own account or in the informal economy. In this regard, the Committee noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector, which includes crafts and artisanal work and street-related activities, as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry, and garment manufacturing. It also noted the Government’s information that the Labour Standards Bill had been withdrawn from the National Assembly and was being reviewed by the Tripartite Technical Committee (TTC) thereby making the necessary amendments in this regard.

The Committee notes the Government’s information that section 60 of the reviewed Labour Standards Bill has addressed this issue by broadening the definition of an employee to include, “other forms of employment both in the formal and informal economy” thereby ensuring protection for all working children, including self-employed children and children working in the informal economy. The Committee expresses the firm hope that the Labour Standards Bill will ensure the protection of all working children, including self-employed children and children working in the informal economy, as required by the Convention.

Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention. Noting the Government’s information that the revised Labour Standards Bill is awaiting the final validation by the social partners and other stakeholders, the Committee expresses its firm hope that this Bill, will establish a minimum age of 15 years for employment or work.

Article 3(2). Determination of hazardous work. The Committee previously noted that a list of types of hazardous work prohibited to young persons under 18 years of age had been identified and validated by the National Steering Committee. It also noted from the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, that section 60 of the Labour Standards Bill will have the list of hazardous work drafted by the National Steering Committee.

The Committee notes the Government’s information that the list of types of hazardous child labour has been finalized and incorporated into the revised Labour Standards Bill as second schedule Part A. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the list of types of hazardous child labour is adopted and implemented, thereby prohibiting hazardous types of work to children under 18 years of age. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 years to undertake an apprenticeship for a maximum period of five years, while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age. The Committee noted the Government’s information that the Stakeholders Committee on the Review of the National Labour Bills had agreed to establish the minimum age of 14 years for apprenticeship programmes, and therefore amend section 46 of the Labour Standards Bill accordingly.

The Committee notes the Government’s statement that section 46(1)A of the revised Labour Standards Bill has established a minimum age of 14 years for apprenticeship programmes. The Committee requests the Government to provide information on any progress made with regard to the adoption of the revised Labour Standards Bill which establishes a minimum age of 14 years for apprenticeship programmes, as laid down under Article 6 of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work activities. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work. It also noted that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, did not indicate the lower minimum age at which such work may be permitted. It further observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. Moreover, it observed that the maximum working hours of eight hours per day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes, as laid down under Article 7(1)(b) of the Convention. The Committee noted the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills had agreed to address these issues.

The Committee notes the Government’s information that section 8(1)A of the revised Labour Standards Bill has established a minimum age of 13 years for admission to light work. It also notes the Government’s information that section 8(1) of the revised Labour Standards Bill contains provisions providing for the conditions and hours of work permitted to children of 13 years of age in light work activities. It further states that the list of activities that constitute light work are provided in schedule two of the revised Labour Standards Bill. The Committee requests the Government to take the necessary measures to ensure that the revised Labour Standards Bill which establishes a minimum age of 13 years for admission to light work, regulates the hours and conditions of work for light work and provides for a list of light work activities permitted to children from 13 years of age, will be adopted in the near future. It requests that the Government provide information on any progress made in this regard.

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