Migration for Employment Convention (Revised), 1949 (No. 97) - Nigeria (Ratification: 1960)

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

Previous observation and previous direct request

Migration flows. The Committee notes the Government’s statement in its report that, as already indicated in 2017, it is still working on the development of a module to obtain verifiable and comprehensive statistics on migration flows. It notes from the National Policy on Migration (revised in 2020) that, in 2019, there were approximately: (1) 1.44 million Nigerians living abroad (47 per cent of women), with 22 per cent living in the United States of America, 14 per cent in the United Kingdom, 10 per cent in Cameroon and 9 per cent in Niger; and (2) 1.26 million migrants in Nigeria (45 per cent women), with 29 per cent from Benin, 19 per cent from Ghana, 13 per cent from Mali and 12 per cent from Togo. The Committee requests the Government to provide: (i) information on the progress made in the development of a module for the collection of comprehensive labour statistics on migration flows to and from the country; and (ii) any available up-to-date statistical data in migration flows.

Article 1 of the Convention. Information on national laws and policies. The Committee notes that the Government’s report contains a list of measures taken under the Action Plan implementing the National Policy on Labour Migration 2014. Among these measures, the Committee notes: (1) the creation of a Technical Working Committee on Labour Migration; (2) the establishment of Migrant Resource Centres in Lagos, Edo and Abuja; (3) the establishment of an International Labour Migration Division within the Federal Ministry of Labour and Employment for the effective coordination of organised labour migration in Nigeria; (4) capacity-building activities for the staff of the Federal Ministry of Labour and Employment and the members of the above-mentioned Technical Working Committee; (5) media/information campaigns to educate and raise awareness of Nigerians on the adverse consequences of irregular migration; and (6) the organization of pre-departure orientation seminars for overseas job placements for migrant workers in the Gulf countries. The Committee takes due note of the revision, in 2020, of the National Policy on Labour Migration, but it notes from the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) that budgetary allocations have yet to be made for the implementation by the Federal Ministry of Labour and Employment of this National Policy on Labour Migration (CMW/C/NGA/CO/1-2, 13 April 2023, paragraphs 9(b) and 18).

The Committee welcomes the Government’s efforts to implement, in cooperation with the ILO: (1) the ILO Initiative for Labour Migration, Employment and Reintegration in Nigeria and Ghana (LMER) (January 2019–September 2020) to promote fair and effective labour migration governance frameworks and enhance employment and income generating opportunities of potential and returning migrants in a sustainable manner; (2) the ongoing ILO FAIRWAY Programme, which aims to improve conditions of labour migration across migration pathways from Africa to Arab States in the Middle East and to better protect all migrant workers in vulnerable situations within the Arab states region; and (3) the Employment and Reintegration in Nigeria Project (December 2021–April 2023), which aimed to strengthen the capacity of relevant stakeholders in Nigeria to provide advisory and support services to returnees and the local population in the areas of employment promotion, income generation and return and reintegration, and advance the generation of statistical data. The Committee requests the Government to pursue its efforts and continue to provide information on: (i) general agreements and special arrangements on questions relating to the application of the Convention; and (ii) the measures taken in the framework of the National Policy on Labour Migration, specifically on the results achieved in the furtherance of the objectives of the Convention.

Articles 2, 4 and 7. Information and assistance services to migrant workers. With regard to its previous request for information on the types of services available to migrant workers, the Committee notes the Government’s indication that it established Migrant Resource Centres in three states (Lagos, Edo and Abuja) and job centres across the country to serve as “one-stop shops” where foreign workers can access relevant information and a wide range of services. The Government also indicates that the Federal Ministry of Labour and Employment, through these Migrant Resource Centres, provides: (1) pre-departure orientation seminars for private employment agencies; (2) protection of migrant workers through the approval of employment contracts between the migrant workers and private employment agencies recruiting for overseas placement and referrals services to returning migrants; (3) monitoring of private employment agencies to ensure compliance with labour laws and to prevent forced labour and human trafficking; (4) the establishment of a Labour Market Information System (LMIS) which will serve as an informational platform for jobseekers; (5) production of information brochures, calendars, handbills and posters with different messages to create awareness on the risks associated with irregular migration; and (6) licensing and monitoring of private employment agencies recruiting for domestic and overseas employment to prevent unfair labour practices and abuse in the recruitment process. The Committee further notes that the CMW underlined that migrant workers, in particular domestic migrant workers, are often unaware of the free-of-charge services of the Federal Ministry of Labour and Employment available to them, including labour inspections and complaint mechanisms (CMW/C/NGA/CO/1-2, paragraph 46(c)). The Committee encourages the Government to pursue its efforts and requests it to continue providing information on: (i) the type of services which are provided for outgoing and returning migrant workers, in practice, on the basis of the National Policy on Labour Migration or otherwise; and (ii) the measures taken to maintain adequate and free services to assist foreign workers, including foreign domestic workers, and to provide them with accurate information.

Article 3. Misleading information. The Committee notes the Government’s indication that in its efforts to address misleading propaganda relating to migration from employment agencies, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) undertook awareness-raising campaigns and workshops on the risks of human trafficking and irregular migration. The Government also adopted the Trafficking in Persons (Control of Activities of Organizations and Centres) Regulations 2019. The Committee notes that these Regulations set out the framework for the delivery of a clearance certificate to travel agents, tour operators or intending travellers for the purpose of, among others, recruitment for labour, and organizations “offering services for the purpose of rehabilitation of trafficked persons”. The Committee further notes the Government’s indication that, in 2022, the Nigerian Immigration Services (NIS) launched a nationwide sensitization workshop on the dangers of smuggling of migrants. It also notes, from the 2019 Report of the United Nations Special Rapporteur on trafficking in persons, especially women and children: (1) the efforts of the NAPTIP in putting an emphasis on prevention by, inter alia, carrying out awareness-raising programmes in partnership with civil society organizations; (2) the success of the NAPTIP in advocating for the integration of anti-trafficking education into the curricula for primary and secondary schools; (3) the invaluable commitment of survivors, who have been carrying out awareness-raising campaigns in schools, churches and mosques; and (4) several initiatives, including many sponsored by the European Union and its member States, aimed at supporting awareness-raising campaigns on the risks of human trafficking and irregular migration. Despite these efforts, the Special Rapporteur highlighted that, given the very limited existing channels for safe and regular migration, especially to Europe, awareness-raising had proved to be insufficient if not coupled with the development of programmes offering education, vocational training and literacy as well as long-term interventions resulting in real economic empowerment (A/HRC/41/46/Add.1, 16 April 2019, paragraphs 72 and 73). The Committee requests the Government to pursue its efforts and to provide information on: (i) any new measures taken by NAPTIP against misleading propaganda relating to emigration and immigration from employment agencies and employers; and (ii) any additional measures taken against the dissemination of false information to migrant workers on job opportunities or conditions in the countries of destination, and the risks of irregular migration. Please indicate whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them.

Social security. With regard to social security rights for foreign workers who departed from Nigeria, the Committee notes the Government’s confirmation that the Employee’s Compensation Act 2010 applies to all workers on an equal footing, including migrant workers. The Committee also notes the Government’s statement that all workers, including foreign workers, are entitled to the pension contributions they participated in, but it does not specify if this right is maintained for migrant workers who have departed from Nigeria. The Committee therefore again requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights.

Article 6. Equality of treatment. The Committee notes the Government’s indication that the Labour Standards Bill, which aims to include the ground of nationality as a prohibited ground of discrimination in employment and occupation, was approved by the Federal Executive Council and is before the Ministry of Justice for legal drafting and onward transmission to the National Assembly. The Committee further notes, that one of the main objectives of the National Policy on Migration is to “ensure non-discrimination and equality of treatment for all workers, migrants, and nationals abroad and at home”. The Committee takes note that the Government indicates that no report of cases of unequal treatment of migrant workers was brought to the attention of labour inspectors or any other competent authorities or detected by them. The Committee asks the Government to continue to provide information on any cases of unequal treatment of migrant workers in law or in practice brought to the attention of labour inspectors or any other competent authorities or detected by them.

Article 8. Maintenance of residence in case of incapacity for work. With regard to the right of incapacitated foreign workers to maintain residence in Nigeria, the Committee notes the Government’s reiterated reply that, under section 7(1) of the Employee Compensation Act 2010, migrant workers are entitled to compensation when they are incapacitated, as are nationals. However, the Committee notes that it remains unclear if migrant workers who have been admitted on a permanent basis are guaranteed that their permanent residence is maintained even if the migrant worker is unable to follow his occupation by reason of illness contracted or injury sustained subsequent to entry. The Committee therefore once again requests the Government to clarify whether the right of residence of migrant workers who have been admitted on a permanent basis and who have an incapacity to work is maintained even if the worker has lack of means and has to rely on public funds.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Migration flows. The Committee notes that, according to the Policy on Labour Migration 2014, the latest estimates indicate that in 2009 over 5 million Nigerians lived abroad and in 2006 there were 600,000 foreigners residing in Nigeria, 97 per cent of whom originated from West African countries. The Action Plan to implement the Policy also includes activities to improve and disseminate sex-disaggregated data on migration stocks and flows of Nigerians employed abroad and of foreigners in the country. The Government indicates in its report that Nigeria is developing a module to provide verifiable labour migration statistics to be inserted in the quarterly labour force survey. The Committee welcomes this initiative and hopes that the Government will soon be in the position to provide comprehensive statistics on migration flows from and to the country and requests it to provide any available statistical data with its next report.

Article 3. Misleading information. The Committee recalls its previous comments regarding the establishment and the role of the functions of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) to conduct information and awareness-raising campaigns with regard to the trafficking in persons. The Committee notes the Government’s brief reply regarding the anti-trafficking legislation which, however, does not indicate whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them. The Committee further notes that the Action Plan to implement the National Policy on Labour Migration provides for measures to prepare and disseminate information materials and awareness raising on migration opportunities and risks of irregular migration. The Committee requests the Government to provide information on the measures taken by NAPTIP against misleading propaganda relating to emigration and immigration from employment agencies and employers. The Committee also asks the Government to provide information on any additional measures taken against the dissemination of false information to migrant workers on job opportunities or conditions in the countries of destination, and the risks of irregular migration.

Article 6. Equality of treatment. The Committee previously noted the provisions in the Labour Standards Bill prohibiting discrimination in employment and occupation, including equal pay for work of equal value, on the basis of race, colour, sex, marital status, religion, political opinion, national extraction or tribe, social origin or real or perceived HIV/AIDS status. The Committee notes the Government’s indication that section 5(1) of the Labour Standards Bill is currently under review to include nationality among the list of prohibited grounds. Noting that the Bill has been pending for many years, the Committee hopes that progress will be made soon in its adoption and that it will ensure that no less favourable treatment is being applied to migrant workers lawfully residing in the country than to nationals with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention. The Government is also asked to provide information on any developments in this regard, as well as on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them.

Social security. The Committee notes that the Government again refers to the Pension Reform Act of 2004, which establishes a contributory pension scheme for all employees in the public and private sectors, and to the Employee’s Compensation Act 2010 (Act No. 13), that applies to all employers and employees, except members of the armed forces. The Committee again requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights and that the Employee’s Compensation Act 2010 (Act No. 13) applies to migrant workers on an equal footing with nationals.

Article 8. Maintenance of residence in case of incapacity for work. The Government indicates that a migrant worker, like nationals, who becomes incapacitated, can draw from his or her pension when it becomes due. The Committee recalls that Paragraph 18(1) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), also discourages States from removing regularly admitted migrant workers from the territory for reasons of their lack of means or the state of the employment market. The Committee requests the Government to clarify whether the right of migrant workers who have been admitted on a permanent basis and who have an incapacity to work is maintained even if the worker has lack of means and has to rely on public funds.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Information on national laws and policies. The Committee notes with interest the National Policy on Labour Migration 2014, which was developed in consultation with the social partners and other stakeholders, and with the assistance of the ILO and the International Organization for Migration (IOM). It notes that the Policy aims to establish an effective, responsive and dynamic labour migration governance system in Nigeria. It notes the overall objectives of the Policy relating to good governance, the protection and welfare of migrant workers, and the promotion of employment and development benefits of migration. Specific objectives of the Policy include, among other things: to enact a legislative framework as a foundation of labour migration governance; ensure a gender responsive policy at all levels; to promote the right to decent work, including social protection; to ensure non-discrimination and equality of all workers, migrants and nationals, abroad and at home; to promote and protect rights of migrant workers in recruitment for employment abroad through supervision and monitoring of recruitment agencies; and to link migration and employment policy and practice. The Committee also notes the detailed action plan for the implementation of the National Policy which includes activities, inter alia, to initiate action to ratify the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); to harmonize legislation with international and regional standards; to review guidelines and procedures for recruitment abroad; to establish an Advisory Board on Labour Migration which would include the social partners; to review national law and administrative regulations to ensure that non-discrimination and equality are expressly provided for; and to review national labour law and regulations to ensure that migrant workers are covered. The Committee requests the Government to provide detailed information on the measures taken and results achieved under the Action Plan to implement the National Policy on Labour Migration 2014.

Articles 2, 4 and 7. Information and assistance services to migrant workers. The Committee notes from the document on the National Policy on Labour Migration 2014, that migrants are often poorly or misinformed about conditions governing entry and work, residence and skills required, as well as their rights and obligations in the countries of destination. The Committee notes that the Action Plan to implement the National Policy on Labour Migration includes activities to conduct awareness raising and pre-departure training programmes for potential migrant workers. The Government also indicates it has established two Migrant Resource Centres in Lagos and Abuja, which provide free information to nationals who intend to migrate and referral services to returning migrants. The Committee asks the Government to provide more detailed information on the type of services being provided for outgoing and returning migrant workers. Noting that already in 2006, Nigeria counted 600,000 foreigners, the Committee also requests the Government to indicate the measures taken to maintain adequate and free services to assist foreign workers, and to provide them with accurate information.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption on 14 July 2003 of the Trafficking in Persons (Prohibition) Law Enforcement Administration Act (Act No. 24 of 2003). The Act provides for the establishment of the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP) which is responsible for enforcing laws against trafficking, investigating cases and prosecuting persons suspected of engaging in trafficking and coordinating rehabilitation and counselling of victims. The Committee also notes that a draft National Labour Migration Policy that aims at promoting good governance in labour migration, protecting migrant workers and optimizing the benefits of migration for development, was prepared in 2011. The Committee requests the Government to provide information on any progress made in the adoption of the Labour Migration Policy and to provide a copy of the policy once it has been adopted. Please also provide details on the measures envisaged in the draft policy for the protection and welfare of migrant workers.

Migration flows. The Committee notes that, according to the draft Labour Migration Policy, best estimates indicate that in 2009 over 5 million Nigerians lived abroad and in 2006 there were 600,000 foreigners residing in Nigeria. The Committee again requests the Government to provide any available recent statistical information, if possible disaggregated by sex, concerning the number and origin of persons migrating for employment to and from Nigeria.

Articles 2, 4 and 7. Information and assistance services to migrant workers. The Committee notes that, according to the draft Labour Migration Policy, there is no formal structure to assist nationals to migrate to other countries. The Committee hopes that the Government will undertake the necessary steps to establish an adequate and free service to assist both immigrants and emigrants for employment, and in particular to provide them with accurate information, and requests the Government to provide information on any measures taken in this regard.

Article 3. Misleading information. Trafficking in persons. The Committee notes from the Government’s brief report that the NAPTIP was established. The Committee notes that, according to Act No. 24 of 2003, the functions of the NAPTIP also encompass information and awareness-raising campaigns with regard to the trafficking of human beings. The Committee requests the Government to specify whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them, and if so to provide information on any measures taken in this respect. Please also provide detailed information on how the measures against misleading propaganda help to put an end to trafficking in persons and particularly trafficking of Nigerian women to Europe for purposes of sexual exploitation.

Article 6. Equality of treatment. The Committee notes the provisions in the Labour Standards Bill prohibiting discrimination in employment and occupation, including equal pay for work of equal value, on the basis of race, colour, sex, marital status, religion, political opinion, national extraction or tribe, social origin or real or perceived HIV/AIDS status. Noting that the list of prohibited grounds does not include nationality, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country than to nationals with respect the matters enumerated in Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them.

Wages. In its previous comments, the Committee noted that, according to section 35(1) of the Labour Act of 1990 (Cap. 198), “the Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. The Committee notes the Government’s indication that this provision has not been included in the Labour Standards Bill, which will repeal the Labour Act of 1990. The Committee requests the Government to provide information on any developments regarding the adoption and entry into force of the Labour Standards Bill and to provide a copy of the text once it has been adopted.

Social security. The Committee notes that the Government refers in its report to the Pension Reform Act of 2004, which establishes a contributory pension scheme for all employees in the public and private sectors, and to the Employee’s Compensation Act, 2010 (Act No. 13), that applies to all employers and employees, except members of the armed forces. The Committee requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights and that the Employee’s Compensation Act, 2010 (Act No. 13) applies to migrant workers on an equal footing with nationals.

Article 8. Maintenance of residence in case of incapacity for work. The Committee again requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in the event of incapacity to work.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret 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:

Repetition

The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with Article 6(1) of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in subparagraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

Article 8 of the Convention. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred”. Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with Article 6(1) of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in subparagraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

Article 8 of the Convention. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret 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:

The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

Article 8 of the Convention. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

3. Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

5. Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

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

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. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

3. Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

5. Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 "The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred." Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)-(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers - irrespective of their nationality - who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

3. Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

5. Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received for several years. It must therefore repeat its previous observation which read as follows:

The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality.

According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People’s Rights, which was ratified by Nigeria in 1990.

The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.

The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.

The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality.

According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People’s Rights, which was ratified by Nigeria in 1990.

The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.

The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.

The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality.

According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People's Rights, which was ratified by Nigeria in 1990.

The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in Paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.

The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in Article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.

The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.