Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous observation and previous direct request

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with concern that the Government’s report still has not taken any steps for the adoption of comprehensive anti-discrimination legislation. It notes that the Government merely states that the Labour Standards Bill has been approved by the Federal Executive Council and is before the Ministry of Justice for legal drafting for onward transmission to the National Assembly. Recalling that the adoption of the Labour Standards Bill has been pending since 2006, the Committee again urges the Government to take the necessary steps to accelerate the adoption of the Labour Standards Bill and the Gender and Equal Opportunities Bill 2016, and to ensure that the legislation 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. With reference to the Committee’s previous requests that the Government take measures to address discriminatory practices in the workplace against women based on maternity and marital status, the Committee notes the Government’s brief statement that it will collaborate with the social partners on this issue. It notes with regret that no further information is given. The Committee recalls that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can only, by definition, affect women. Discriminatory practices linked to pregnancy or maternity continue to exist and have been particularly linked to dismissal and denial of the return to work following maternity leave, the use of temporary contracts to discriminate against pregnant women and mandatory pregnancy testing (see General Survey on fundamental Conventions, 2012, paragraph 784). The Committee urges the Government to: (i) take measures to address discriminatory practices in the workplace based on maternity and marital status, such as awareness-raising activities in collaboration with workers’ and employers’ organizations; (ii) provide information on the progress achieved to this end; and (iii) provide information on 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.

Sexual harassment. The Committee welcomes the ratification by Nigeria, on 8 November 2022, of the Violence and Harassment Convention, 2019 (No. 190). It notes the Government’s repeated indication, in its report, that the issue of sexual harassment at the workplace will be addressed in the Labour Standards Bill. However, it notes that the Government does not clarify whether the bill will prohibit both quid pro quo and hostile work environment sexual harassment, and whether it will provide access to remedies for all workers. The Committee therefore again asks the Government to ensure that the Labour Standards Bill include provisions 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 and on the status of the Bill. The Committee also asks the Government to: (i) take measures to prevent and address sexual harassment in employment and occupation, including in the informal economy; and (ii) provide information on the number of complaints lodged concerning sexual harassment and the sanctions imposed and remedies granted.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. Recalling that Nigeria is an ethnically and linguistically diverse society, the Committee notes the Government’s general indication, in reply to its previous comment, that the Constitution prohibits discrimination based on race, colour, religion, national extraction or social origin and that there is no such discrimination in the country. The Committee notes with concern the lack of information in the Government’s report on the application of the Convention with respect to the different ethnic and religious groups in the country. It recalls that constitutional provisions and the absence of complaints is not sufficient to fulfil the obligations of the Convention; nor is it an indicator of the absence of discrimination in practice, but it is only a first step in implementing a national equality policy. Where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey on the fundamental Conventions, 2012, paragraphs 850 and 870). Recalling that no society is free from discrimination and that continuous action is required to address it, the Committee urges the Government to take concrete measures to ensure that the right to equality and non-discrimination for ethnic and religious minority groups is effective in practice, such as affirmative action and awareness-raising measures or the adoption of policies and programmes. The Committee requests the Government to provide information on: (i) the measures taken to this end; (ii) the number and nature of complaints filed with the Human Rights Commission that relate to discrimination based on race, colour, religion or national extraction, as well as the grounds relied upon; and (iii) any legislative developments relevant to the rights of minorities.

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