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

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

Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It also noted that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultations with workers’ and employers’ organizations in the relevant industry. The Committee noted the Government’s information that no regulation on artistic performance had been adopted.

The Committee notes the Government’s indication that section 8(2) of the revised Labour Standards Bill provides for conditions for employment of children and young persons in artistic performances. According to this section, young persons under the age of 18 years may not be employed for more than four hours a day or more than 28 hours per week, whether on school days or on holidays. The Government further indicates that measures will be taken to discuss with the employers’ and workers’ organizations on the need to issue individual permits for participation in artistic performances. The Committee requests that the Government provide information on any progress made with regard to the consultation with the employers’ and workers’ organizations concerning the granting of individual permits for participation in artistic performances by children and young persons. It also requests the Government to take the necessary measures to ensure that the revised Labour Standards Bill which contains provisions regulating the participation in artistic performances of children under the age of 18 years, is adopted in the near future.

Article 9(1). Penalties. In its previous comments, the Committee noted that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee noted that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x and N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. It observed that the Bill contained no further description or clarification of these penalty measures.

The Committee notes the Government’s statement that the revised Labour Standards Bill will contain a detailed penalty scale in its first schedule. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revised Labour Standards Bill will provide clarification of the penalty scale indicated in the first schedule of the Labour Standards Bill. It requests the Government to provide information on any progress made in this regard.

Labour inspectorate. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that within the framework of the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS-II”, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each state should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities.

The Committee notes the Government’s indication that 300 new labour officers and labour inspectors have been appointed in the 36 states and the Federal Capital Territory Labour Offices in order to improve labor inspection services. It further notes the information provided by the Government, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that following the strengthening of the labour inspectorate, 4,694 child labour inspections were carried out in 2017. This report also indicates that 20 State Steering Committees on child labour were established. The Committee requests that the Government continue to provide information on the labour inspection services carried out by the labour inspectorate as well as by the State Steering Committees for Child Labour to monitor the work performed by children and young persons, including in the informal economy and the results achieved.