Labour Inspection Convention, 1947 (No. 81) - Nigeria (Ratification: 1960)

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative reaffirmed her country's commitment to its constitutional and reporting obligations as an ILO member State. Nigeria was mindful of the fact that its economic development depended in part on workers being protected. An unprotected worker could not be a productive worker. Convention No. 81 was key to the implementation and enforceability of labour standards, and Nigeria therefore strived to monitor and implement the enforcement of labour standards through the process of labour inspection, within its limited human and material resources.

Nigeria's labour inspectorate staff were not political appointees but career civil servants in permanent and pensionable employment, and their tenure was independent of changes in government, in keeping with Article 6 of Convention No. 81. They were primarily university graduates with at least a first degree in social sciences, arts, humanities, law, engineering, sciences or medicine. As soon as they were recruited, they participated in an induction programme that included training on the Labour Act and the Factories Act, which contained wide-ranging provisions for the protection of workers' rights, welfare, health and safety at work, deriving essentially from ILO Conventions ratified by Nigeria since it had become a Member of the ILO in 1960. Labour inspectorate staff were also trained in inspection procedures, checklists, etc. They underwent periodic refresher courses locally and abroad, at the ILO International Training Centre in Turin and at the African Regional Labour Administration Centre in Harare, Zimbabwe. Over the previous three years, some 380 staff had undergone training to enhance their performance, and 63 maritime labour inspectors had recently received training on port and flag State control activities. A critical mass of inspection staff had also been trained in child labour issues.

Nigeria's 550 inspectors, including 105 women, were distributed among 37 field offices (36 in the regions and one in the capital). The inadequate level of staffing to cover the country's large geographical areas and more than four million workplaces resulted partly from the embargo that had been placed on employment into the civil service for some years. As soon as it had been lifted in 2001, 171 male and female inspectors had been recruited and 34 more had been recruited since, with recruitment efforts still ongoing.

In order to complement the services of Government inspectors, particularly for specialized activities, certified experts were contracted for inspection of boilers, air receivers, pressure vessels, cranes and other lifting equipment. Independent consultants from technology colleges were used for the purpose of appraising and certifying this group of inspectors. Inspectorate staff also carried out specialized inspections on child labour, gender issues and labour conditions in the maritime sector. The new labour standards bill, one of five before the National Assembly, contained provisions to combat the worst forms of child labour.

In order to improve coverage of labour inspection and motivate inspection staff, project vehicles dedicated to inspection activities had been purchased for all 37 field offices, and the funds allocated to inspection activities had been boosted to enable settlement of claims by inspectorate staff. Staff were also given regular promotions as appropriate.

Inspectorate staff were empowered by the Factories Act to require alterations to an installation or plant and to stipulate the period within which such alterations should be carried out in order to ensure compliance with legal provisions relating to the health and safety of workers.

The central budget allocation from which inspection training was primarily funded was insufficient, partly because so many other government agencies were in competition for the same resources. The situation had been aggravated by the challenges arising from the current global financial crisis.

Over the years, Nigeria had communicated reports to the ILO on the work of its inspection services. Such reports were usually derived from the mandatory reports submitted by field offices. Information extracted from such reports was reflected in the International Labour Review in December 2008, showing the estimated active working population per labour inspector in Nigeria between 2003 and 2006. Nevertheless, it had been commented that the reports submitted were not detailed or comprehensive enough. The Government recognized the need to improve the quality of its reports and had therefore already requested technical assistance from the International Labour Standards Department, a request it now reiterated, particularly in view of the demonstrable effects of such assistance in other countries. Technical assistance and training for inspectorate staff to enhance inspection and monitoring activities would also be appreciated.

The speaker stressed that her Government had the political will to take all measures expected of it but lacked the capacity. She expressed appreciation to the Committee of Experts for drawing attention to lapses in its reporting system and pledged the commitment of her Government to protect the rights, welfare, health and safety of its workers through a modernized inspection system, which it was hoped could be achieved with ILO assistance, in keeping with the 2008 Declaration on Social Justice for a Fair Globalization.

The Employer members, while expressing appreciation to the Government of Nigeria for its stated commitment and willingness to improve reporting and its affirmation of the independence of labour inspectors, who received ongoing training, highlighted the fact that the reports submitted by the Government contained insufficient information to determine the nature and extent of the application of Convention No. 81. The Committee of Experts had noted that the most recent inspection report to reach the ILO had been received 13 years ago.

Convention No. 81 was one of the four ILO priority Conventions and had been ratified by more than 130 countries. Labour administration, labour legislation and labour inspection all reinforced compliance. Labour inspection was therefore an integral part of the implementation of ratified Conventions. The Committee of Experts had noted that the reports provided had not been sufficient to determine the basis of the Government's affirmation that inspections had been effective. The Committee had also sought information on how the Government's statement that inspections had been effective, in that the level of compliance by employers with labour legislation had improved, could be made.

The Employer members acknowledged the importance of the Convention in that it set out, in a non-prescriptive manner, a series of principles establishing the functions and organization of the system of labour inspection that were essential in ensuring the protection of workers in a coordinated and effective way. Importantly, the Convention gave labour inspection a role not only in prosecution but also in providing information and technical advice, enabling a balanced approach to compliance.

Under Convention No. 81, two types of reports on the work of labour inspectorates were due: periodical reports, to be submitted by labour inspectors of local inspection offices to the central inspection authority; and annual general reports, to be published by the central inspection agency. Under Article 20, paragraph 3, of the Convention, annual reports should be submitted to the ILO within three months of their publication.

The Government had been requested to supply inspection reports for a number of years. Despite the fact that such information had not been provided, the Government had affirmed to the Committee that labour inspection activities were effective, and that there had been an improvement in the level of compliance with labour legislation. The Employer members supported the call by the Committee of Experts for the provision of information that would substantiate those points, together with detailed information to determine the extent of compliance with the Convention. They also supported the call for information about measures taken to give effect to the requirement to draw up annual reports required by the Convention. The Employer members noted with concern the Government's continued failure to supply detailed information on the issues raised by the Committee of Experts in its observations and requested the Government to provide the relevant replies without further delay. They welcomed the Government's request for technical assistance from the ILO to meet requirements and overcome obstacles. Such assistance should be given and reports made to the Committee on progress achieved.

The Worker members said that as in the case of Uganda, which had been discussed the previous year, significant weaknesses affected the proper functioning of the labour inspection services of Nigeria. However, this case entailed a particular importance, considering the discussion which had taken place at this session with respect to the General Survey on Convention No. 155 and Recommendation No. 164 concerning safety and health of workers. In this connection, they highlighted the fundamental role of labour inspectors who were sufficient in number, trained and acting in a prevention-oriented manner, and cited the General Survey of 2006 on labour inspection, which stated that it was important to provide labour inspection services with means of action, materials and personnel necessary for their effective functioning so that they could at least inspect in a complete manner at sufficient intervals the workplaces under their responsibility.

According to the comments of the Committee of Experts, the Government had provided only general information on the recruitment and training of inspectors. The Committee of Experts also indicated that the report provided for in Article 20 of Convention No. 81 had been last communicated 13 years ago in spite of its repeated requests, which conveyed ill will of the Government in application of Convention No. 81. This Convention provided orientations to public authorities in order to put in place labour inspection services which enabled to guarantee the protection of workers. In this regard, preventive actions in the field of safety and health constituted an absolute priority. Nevertheless, unacceptable practices aggravating risks, particularly in the private sector in connection with foreign investments, had been reported. One more problem had to be identified: non-compliance with standards concerning minimum age and worst forms of child labour. The protection provided for in a law albeit in full conformity with ILO Conventions remained dead letter in the absence of effective supervision. For this purpose, the organization and development of labour inspection, in conformity with the provisions of Convention No. 81, were essential, not only in the interest of workers, but also for the entire economy.

The Worker members requested the Conference Committee to make a strong appeal to the Government to take the necessary measures to ensure the functioning of the inspection system in accordance with Convention No. 81, that was to say:

- provide a sufficient number of inspectors according to their tasks;

- ensure the functioning in complete independence in accordance with Article 6 of the Convention;

- make available to inspectors sufficient material means;

- provide appropriate training; and

- publish annual reports as required under Article 20 of Convention No. 81.

The Worker member of Ghana encouraged the Government to take action on issues relating to the implementation of Convention No. 81 in the interest of the working people of Nigeria, including by providing detailed information to the Committee of Experts, as required, with technical assistance from the ILO. Nigeria's workers needed adequate levels of safety and a healthy environment for their work. He therefore called on the Government to ensure that workers were given the necessary protection in the world of work to promote maximum productivity at all times, and to ensure that the institutional structures responsible for conducting labour inspection were provided with all the necessary equipment and capacity to undertake their work efficiently and effectively.

Labour inspectorate officials, who were experts in the industry, should monitor and identify hazards in the workplace, in order to raise awareness among the social partners and ensure occupational safety and a healthy working environment. To that end, periodic sensitization was required to prevent unwanted occurrences in the workplace. The speaker encouraged the Government to arrange initial and subsequent training of labour and factory inspection staff to enable them to carry out their duties efficiently and effectively. More inspection staff should be employed and the stability of their jobs should be ensured. He invited the Government to protect and ensure adequate investment in human capital in order to promote sustainable economic development. Nigeria was rich in human resources, and he expressed the fervent hope that the Government would address labour inspection issues positively, in line with the statement made by the Government representative.

The Worker member of Côte d'Ivoire observed that the Committee of Experts, in its previous comment, had requested the Government to provide details on the status and conditions of service necessary to guarantee the stability of employment and independence of labour inspectors in Nigeria, in accordance with objectives provided for in Article 6 of Convention No. 81. The speaker pointed out that in the daily reality in Western Africa, labour inspectors were simply underpaid civil servants without the material means necessary to accomplish their mission, and their number was clearly insufficient. This situation explained the failure to apply ratified Conventions. The Committee of Experts also indicated that for 13 years the Government had not published an annual report on the activities of the labour inspection services, as prescribed by Article 20 of Convention No. 81. He was particularly concerned that Conventions Nos 138 and 182 concerning child labour were not applied.

The Government representative of Nigeria, responding to comments made, expressed regret that some Worker members had cast doubt on the information provided by her Government. She reasserted the independence of labour inspectors, which could be verified, and reiterated that they were career civil servants. Furthermore, they received the same salaries as the rest of their civil service colleagues, without discrimination.

She stressed that her Government had submitted reports to the ILO more recently than 13 years ago, but fully acknowledged that they had not been detailed enough. With the technical assistance previously requested, reporting standards would be improved, but labour inspections in Nigeria continued regardless. Despite its significant constraints in terms of human and material capacity, she stressed again that Nigeria did not lack the political will or commitment to improve its performance in reporting on labour inspection activities, given the importance of labour inspection for productivity and workers' protection. In that regard, the Government was committed to implementing and enforcing Convention No. 81 and all others ratified by Nigeria. The Government would be open about the challenges it faced, in the expectation that support would be forthcoming from the ILO and social partners. Working together, much could be achieved. For example, trade unions could assist in identifying and reporting problems in the absence of inspection staff, so that such problems could be dealt with and danger to workers and others averted.

In response to the comments made by the Worker member of Cote d'Ivoire, she categorically denied that any cases of worst forms of child labour had been identified in Nigeria. If information were received demonstrating otherwise, it would be acted upon at once. The new labour standards bill would contain provisions to combat the worst forms of child labour, and the Government was committed to protecting all workers, young and old. The importance attached to children being educated rather than forced to work was reflected in Nigeria's policy of providing free and compulsory schooling for nine years and in additional measures to encourage children to stay in education. A law existed on child trafficking and the Government worked with other organizations to ensure that perpetrators of offences related to child labour were prosecuted. Similar measures were taken with respect to other vulnerable groups. In conclusion, she expressed the hope that, with assistance from the ILO and social partners, the problems her country experienced due to lack of capacity could be addressed and the situation improved.

The Employer members again highlighted the request made by the Government of Nigeria for technical assistance from the ILO, which should be granted. The issue could then be considered again in the light of developments.

The Worker members observed that the Government had not provided a report on the functioning of the labour inspection service for 13 years and that the elements it had presented did not really match the review of the situation of labour inspection in Nigeria provided by the Committee of Experts. The Worker members noted in this lack of transparency a certain will of the Government to let pass quietly the real weaknesses in the protection of health and safety of workers, as revealed by the astounding number of industrial accidents, due to non-compliance with safety regulations, as well as regulations concerning child labour. They therefore hoped that the Conference Committee would send a clear message to the Government concerning its obligations under Convention No. 81: to provide a sufficient number of labour inspectors, to guarantee the independence of their functions by means of adequate working conditions and salaries, to provide them with necessary training and finally to ensure the yearly publication and communication to the Office of annual reports provided for in Article 20 of Convention No. 81.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed. It recalled that the observation of the Committee of Experts related mainly to the lack of information in the Government's report on the application of the Convention and to the failure by the central labour inspection authority to comply with its reporting obligations concerning the work of the labour inspectorate, as prescribed by Articles 20 and 21 of the Convention.

The Committee noted that, according to the Government, the labour inspectors were, as required by the Convention, public officials with career prospects for personal growth. They were recruited from university graduates in the fields of arts, humanities, law, engineering, sciences and medicine. In addition, they were independent, including from any changes of government. The Committee further noted the information provided in regard to the training provided to them in the country, by the African Regional Centre for Labour Administration (CRADAT) and the International Training Centre in Turin. The Committee also noted the information provided by the Government representative concerning the strengthening of the means of transport available to the labour inspection offices with a view to extending the coverage of their activities.

The Committee noted, however, that despite the efforts undertaken by the Government for the establishment and the functioning of an effective labour inspection system aimed at providing adequate protection for workers, labour inspection remained faced with a lack of human and material resources in view of the number of establishments to inspect and the number of workers concerned.

The Committee recalled the Government's obligation to take the necessary measures with a view to ensuring a sufficient number of inspectors so as to extend the protection of labour inspection to the largest number of workers. It requested the Government to provide information in this regard in its next report, as well as information regarding the measures taken by the central labour inspection authority for the purpose of obtaining the necessary funds for the training of labour inspectors.

The Committee noted the statement of the Government representative concerning the Government's political will to meet its obligations arising from the ratification of the Convention, in particular, those relating to the provision of reports concerning its application as well as the annual report concerning inspection activities. In response to the Government's request for technical assistance from the Office and the support expressed by all speakers for such request, the Committee requested the Office to take the necessary measures to respond positively.

Following up on the observation of the Committee of Experts, the Conference Committee expressed the hope that the Government would be able to remedy the insufficiencies of the report on the application of the Convention under Article 22 of the ILO Constitution and that the annual labour inspection report would shortly be published and communicated to the Office.

Finally, the Committee requested the Government to indicate in its next report all further developments concerning the functioning of the labour inspection in industrial and commercial workplaces covered by labour inspectors under the present Convention. It also requested the Government to provide information on the impact of inspection activities on general labour conditions, occupational safety and health, especially as regards child labour, and to supply relevant statistics.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Functions entrusted to labour inspectors. The Committee previously noted the list of functions attributed to labour officers other than the primary functions provided for under Article 3(1) of the Convention, including dispute settlement and employment advisory services, and requested information on the time and resources allocated by labour inspectors to each of these duties. In this respect, the Committee notes the Government’s indication in its report that labour inspectors only carry out functions falling outside of section 78 of the Labour Act on an ad-hoc basis. Recalling that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties under Article 3(1), the Committee once again requests the Government to indicate the time and resources allocated by labour inspectors to each of their various ad-hoc duties, including particularly the processing, referral, and registration of trade disputes and the provision of various employment advisory services, in comparison to those allocated to their primary duties.

Articles 7(3), 10, 11 and 16. Training. Resources of the labour inspection system and inspection visits. The Committee previously noted measures taken to resolve difficulties faced by the Government with regard to the number of labour inspectors, material resources at their disposal, and training, which included the recruitment of additional labour inspectors in the 2009–17 period, and the provision of additional vehicles, personal computers, and capacity-building. In the absence of up-to-date information in this regard, the Committee once again requests the Government to provide information on the number and types of inspections undertaken each year, and on the language capacities of inspectors in relation to the diverse workplace populations. It also once again requests the Government to provide information on the number of labour inspectors, and on training activities provided to labour inspectors, including the subjects covered, the duration of each training session, and the number of participants.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 20 and 21 of the Convention. Annual labour inspection report published by the central authority. The Committee notes that no annual labour inspection report has been received for many years, and that the Government does not provide any information in this regard in its report. The Committee expresses the firm hope that the Government will ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 of the Convention, and that they contain the information required by Article 21(a)–(g), in the near future. It encourages the Government to take the necessary measures in this respect. The Committee also reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

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

Article 3 of the Convention. Functions entrusted to labour inspectors. In its previous comments, the Committee noted the Government’s indication that duties other than the primary functions provided for in Article 3(1) of the Convention were entrusted to labour inspectors. The Committee requested the Government to provide further information on the additional functions discharged by labour inspectors in accordance with Article 3(2) of the Convention. The Committee notes that the Government, in its report, provides a list of additional duties that are assigned to labour inspectors, including functions in the event of collective labour disputes, advisory services on collective agreements and employment opportunities, and trade unions services (determination of the jurisdictional scope of trade unions, alteration of trade union constitutions and auditing of trade union accounts). The Committee recalls the need to ensure that any further duties which may be entrusted to labour inspectors in addition to their primary duties are not such as to interfere with the effective discharge of the latter. The Committee requests the Government to provide information on the time and resources allocated by labour inspectors to each of their various duties beyond the primary functions under Article 3(1), with a view to verifying that the additional duties entrusted to labour inspectors, particularly in relation to the settlement of disputes and the provision of employment advisory services, are not such as to interfere with the effective discharge of their primary duties.

Articles 7(3), 10, 11 and 16. Training. Resources of the labour inspection system and inspection visits. In its previous comments, the Committee noted the Government’s indication that an insufficient number of labour inspectors, inadequate training and lack of material resources, including transport facilities, represented the major difficulties encountered in the application of the Convention, and it requested information on the measures taken to address those issues. The Committee notes with interest the Government’s indication that additional labour inspectors have been recruited (482 labour officers/inspectors and 262 factory officers in 2017, against 287 and 61, respectively, in 2009). The Government also indicates that: (a) additional operational vehicles have been provided and that travelling expenses are reimbursed when inspectors use public transport; (b) all inspectors have been equipped with personal computers; and (c) the Ministry of Labour and Employment has provided capacity-building activities to professional officers. Recalling that Article 16 provides that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on measures taken in this regard, including on the number and types of inspections undertaken each year, and on the language capacities of inspectors in relation to the diverse workplace populations.

Articles 20 and 21. Annual labour inspection report published by the central authority. In its previous comments, the Committee noted that no annual labour inspection report had been received. The Committee recalls that the conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference (98th Session, June 2009) expressed the hope that the annual labour inspection report would be published shortly and communicated to the Office. The Committee notes the Government’s indication that a comprehensive template is in place. However, no annual reports have been received. In this respect, the Committee notes the information provided by the Government on the number of labour inspectors, which is one of the subjects that annual reports shall deal with, in conformity with Article 21(b) of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 and that they contain the information required by Article 21(a)–(g).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the Government’s statement in its report that duties other than those provided for in the Convention are entrusted to labour inspectors in the Ministry of Labour General Instruction. The Committee requests the Government to provide information on those additional functions assigned to labour inspectors. It requests the Government to provide information on the measures taken to ensure that any functions assigned to labour inspectors do not interfere with the performance of primary functions of labour inspectors as set out in Article 3(1) of the Convention, that is, securing the enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers.

Article 7(3). Training of labour inspectors. The Committee notes that the conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference (98th Session, June 2009) requested the Government to provide information on the measures taken by the central labour inspection authority for the purpose of obtaining the necessary funds for the training of labour inspectors.

The Committee notes the Government’s statement, in its report, that orientation and organized induction courses for newly recruited officers are in place, and subsequent training takes the form of capacity-building workshops, either locally or overseas. The Government indicates that the induction training includes, among other subjects, training on labour laws, labour administration, occupational safety and health, the procedures for labour inspections and the writing of inspection reports. The Committee also notes that in June 2014, the Ministry of Labour and Productivity signed a Memorandum of Understanding with the International Training Centre of the ILO concerning cooperation on a wide range of areas, including capacity-building interventions in labour administration and inspection. The Committee further notes that the Government identifies inadequate training of inspection officers as one of the difficulties encountered in the application of the Convention. The Committee requests the Government to continue to provide information on the measures it is taking to ensure that labour inspectors are adequately trained for the performance of their duties, including measures taken in cooperation with the ILO.

Articles 19, 20 and 21. Annual report on labour inspection activities. The Committee notes that the CAS conclusions took note of the Government’s indication that it was committed to meeting its obligations under the Convention with respect to an annual report, and expressed the firm hope that such a report would shortly be published and communicated to the Office.

The Committee notes that information concerning the number of labour inspectors was submitted with the Government’s report, but that no annual labour inspection report has been received. It notes, however, the Government’s indication that the state labour offices submit weekly, monthly, quarterly and annual reports to headquarters for compilation and analysis. The Committee requests the Government to take the necessary measures to ensure that an annual labour inspection report, containing information on the subjects listed in Article 21(a)–(g), is prepared and published, and that a copy is submitted to the ILO.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 4, 10, 11 and 16 of the Convention. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. The Committee notes the discussion on the application of the Convention that took place at the Committee on the Application of Standards (CAS) of the International Labour Conference (98th Session, June 2009). The conclusions of the CAS indicated that despite the efforts undertaken by the Government, labour inspection still faced a lack of human and material resources in view of the number of establishments to inspect and the number of workers concerned. In this respect, the CAS recalled the obligation to ensure a sufficient number of inspectors so as to extend the protection of labour inspection to the largest number of workers, and requested information on the measures taken in this regard.

The Committee notes the information provided by the Government in its report, in response to the CAS conclusions, on the distribution of labour inspectors across states, indicating that there were 287 labour inspectors and 61 factory inspectors. The Government indicates in its report that it operates a central labour system which makes it mandatory to establish labour offices in all 36 states and the Federal Capital Territory. The state labour offices, which provide advisory services to state governments and conduct inspections in workplaces, are moderately furnished and equipped for the purpose of labour inspection. Moreover, the Government states that transport facilities are available to enable labour inspectors to perform their duties. Where public transport facilities do not exist, labour inspectors are reimbursed for any travel expenses incurred. The Government indicates that in order to ensure that labour inspections are undertaken at an adequate frequency, it carries out routine inspections, comprehensive inspections, follow-up visits, integrated inspections and emergency visits. The Committee also notes the Government’s indication that the difficulties encountered in the application of the Convention are insufficient manpower, language barriers, inadequate training for labour inspectors, lack of funds and lack of vehicles. The Committee requests the Government to provide information on the specific measures it is taking to address the difficulties it has identified with respect to the application of the Convention. In this regard, the Committee requests the Government to take measures to secure the effective functioning of an inspection system that has a sufficient number of labour inspectors to ensure that workplaces are inspected as often as is necessary for the effective application of the relevant legal provisions (Articles 10 and 16). It also requests the Government to provide information on the measures taken to ensure that labour inspectors are provided with the material resources (including transport facilities) necessary to enable them to effectively carry out their duties (Article 11).

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

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

The Committee notes the brief information provided by the Government in February 2008 in reply to its previous observation.

Staff of the labour inspectorate and effectiveness of the inspection system. In its previous observation, the Committee requested the Government to describe the manner in which the status and conditions of service of the inspection staff assure them of stability of employment and make them independent of changes of government and of improper external influences, in accordance with Article 6 of the Convention. It also asked the Government to indicate the conditions applying to their recruitment and the arrangements for their initial and subsequent training (Article 7), and their numbers and geographical distribution. Out of a concern to be provided with useful information for the evaluation of the level of application of the Convention, the Committee also requested the Government to indicate the extent to which the numbers of inspectors allowed them to discharge their functions effectively (Article 10). It notes that, according to the Government, during the period ending 1 September 2007, the inspection staff consisted of 384 labour and factory inspectors distributed throughout the country (in the Federal Capital Territory and the 36 States of the Federation). With regard to their training, the Government merely indicates that they are recruited by the Federal Civil Service Commission, like other senior officers, that new recruits are given induction courses and that their training during employment depends on the availability of funds. The Government nevertheless affirms that inspections have been effective as the level of compliance by employers with the provisions of the labour legislation has improved.

No details on the content of the training provided to labour inspectors has been provided for many years and the most recent inspection report to have reached the ILO was dated 13 years ago, despite the repeated requests by the Committee in this respect. Furthermore, no information has been provided by the Government on the measures requested on many occasions by the Committee for the publication and communication of an annual report, as envisaged in Articles 20 and 21 of the Convention. In its 2003 direct request, the Committee drew the Government’s attention to the need for certain essential information to be available to be able to assess the level of coverage of the labour inspection services and, accordingly, the level of application of the Convention. It therefore once again emphasized the need for an annual report to finally be published and communicated to the ILO.

The Committee therefore once again requests the Government to provide detailed information on: (i) the composition and geographical distribution by grade and by sector of activity of the staff of the labour inspectorate, with an indication of the number of women; (ii) the content of the initial training and the qualifications of the personnel of the inspection services; (iii) the measures adopted by the central inspection authority to seek the resources necessary for the training of men and women inspectors during their employment; and (iv) the measures adopted to give effect to Articles 20 and 21 of the Convention respecting the publication and communication to the Office of an annual report on the work of the inspection services.

The Committee would be grateful if the Government would also indicate the information available to it which enables it to affirm, on the one hand, that labour inspection activities are effective and, on the other, that there has been an improvement in the level of compliance with the labour legislation.

With reference to its 2007 comment on the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee would be grateful if the Government would provide all available information, including statistical data, on the activities of the labour inspection services in this field in the industrial and commercial workplaces covered by labour inspectors in accordance with the present Convention and the relevant national legislation, as well as on the impact of these activities.

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

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

Further to its previous comments, the Committee notes with regret that the very brief report sent by the Government in August 2005 does not contain information allowing the Committee to assess the effect given to the Convention. It trusts that in its next report the Government will provide full information and that it will take care in particular to reply in detail to the points below, which the Committee has been raising for several years.

Staff of the labour inspectorate. The Committee requests the Government to describe the manner in which the status and conditions of service of the inspection staff assure them of stability of employment and make them independent of changes of government and of improper external influences, in accordance with Article 6 of the Convention. It also asks the Government to indicate what conditions are applied to their recruitment and what arrangements exist for their initial training and subsequent training (Article 7). The Government is also asked to indicate the strength and geographical distribution of the inspection staff, specifying to what extent these secure the effective discharge of the inspectorate’s duties (Article 10).

Publication of an annual report. The Committee observes that no annual labour inspection report has been sent by the Government since 1995. It hopes that the Government will shortly be in a position to ensure that an annual report on all the subjects covered by Article 21 of the Convention is published every year and is sent to the Office within the prescribed time limits, in accordance with Article 20.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Further to its previous comments, the Committee notes with regret that the very brief report sent by the Government does not contain information allowing the Committee to assess the effect given to the Convention. It trusts that in its next report the Government will provide full information and that it will take care in particular to reply in detail to the points below, which the Committee has been raising for several years.

Staff of the labour inspectorate. The Committee requests the Government to describe the manner in which the status and conditions of service of the inspection staff assure them of stability of employment and make them independent of changes of government and of improper external influences, in accordance with Article 6 of the Convention. It also asks the Government to indicate what conditions are applied to their recruitment and what arrangements exist for their initial training and subsequent training (Article 7). The Government is also asked to indicate the strength and geographical distribution of the inspection staff, specifying to what extent these secure the effective discharge of the inspectorate’s duties (Article 10).

Publication of an annual report. The Committee observes that no annual labour inspection report has been sent by the Government since 1995. It hopes that the Government will shortly be in a position to ensure that an annual report on all the subjects covered by Article 21 of the Convention is published every year and is sent to the Office within the prescribed time limits, in accordance with Article 20.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s replies to its previous comments. It also notes the information on the structure, activities and prospects of labour inspection contained in the press briefing of 16 December 1999 of the Minister for Employment, Labour and Productivity.

The Government’s attention is drawn to the following points.

Articles 3, 10, 16, 20 and 21 of the Convention. The Committee notes that the staff of the Labour Inspectorate Department is divided into labour officers, responsible for labour services: labour inspection, labour complaints, workers’ compensation, statistics and the secretariat of the National Labour Advisory Council; and 58 inspectors in the service for protection of occupational health and safety responsible, inter alia, for the registration of factories, prevention of employment accidents, preparation of the regulations, standards and codes of practice on hazardous working environments and the secretariat of the Factories Appeal Board and the National Industrial Safety Council. In the period 1997-99, some 2,600 inspections were carried out by occupational health and safety inspectors, that is approximately two visits a month per inspector, which appears prima facie to be insufficient in view of the principle that workplaces shall be inspected as often and as thoroughly as is necessary (Article 16). The number of visits does not by itself provide an indication of the extent of coverage by the labour inspection services in the light of needs. For the central inspection authority to be able to assess the situation with a view to improving it and setting priorities, this information must necessarily be supplemented by information on the number of workplaces covered, their geographical distribution, the number of workers employed therein and the nature of their activities. This information is also essential for the Committee to be able to assess the extent to which the Convention is applied and suggest appropriate measures for improvement. The Government is therefore once again requested to take the necessary measures to ensure that all this information is included in an annual inspection report as envisaged under Articles 20 and 21, a copy of which must be transmitted to the ILO.

The Government is also asked to provide information on the manner in which the provisions covering working conditions other than occupational health and safety, such as hours of work and wages, are enforced in practice, and to send to the Office copies of extracts of occupational health and safety inspections as well as, if applicable, on inspections covering other working conditions.

With reference to it general observation of 1999 on labour inspection and child labour, the Committee would be grateful if the Government would indicate whether the efforts of the national policy workshop on child labour in Nigeria organized in collaboration with the ILO and UNICEF in 1998 has actually been followed up by inspection service activities, and if so, to ensure that information on the results of such activities are included in forthcoming annual inspection reports.

Articles 5, 6, 7, 10, 12, 13 and 15. The Government indicates that the terms of Labour Act No. 198 prescribe how labour inspectors exercise their powers and the obligations defined under Articles 12, 13 and 15 of the Convention. The Committee notes however that, according to sections 77, et seq. of the Act, any public officer serving in the Ministry or serving a federal State may exercise such powers and obligations on written authorization by the Minister specifying the purpose of the mission and the extent of the area of competency of the public officer concerned. Recalling that the labour inspectors shall, in accordance with Article 6 of the Convention, be assured of stability of employment and, in accordance with Article 7, be recruited with sole regard to their qualifications for the performance of their duties and be adequately trained, the Committee wishes to draw the Government’s attention to the fact that the duties and responsibilities that go with the job of labour inspector should be underpinned by a sound knowledge of the legislation enforceable by the inspector and of the work carried out in the establishments covered by the inspection services. Furthermore, the continuity of the follow-up of inspection activities by a staff which is stable ensures the establishment of a fruitful relationship with the social partners and facilitates cooperation with other services and institutions engaged in similar activities. The Committee hopes that the Government will not fail to take measures to ensure that the conditions for the recruitment and training of labour inspectors and the conditions of service of the labour inspectorate comply with the requirements of Articles 6 and 7,and that it will keep the Office informed of any developments in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (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:

Referring also to its observation under the Convention, and noting the information contained in the Government’s reports, the Committee requests the Government to provide further information and clarification on the points raised below.

  Article 5 of the Convention. The Committee notes in the Government’s report that the plans were at advanced stage to promote effective cooperation and collaboration between government agencies which have related functions to labour protection. It requests the Government to provide detailed information on any progress made in this regard.

  Articles 12, 13 and 15. The Government indicates that the national legislation is in conformity with the provisions of these Articles of the Convention. Noting that the report contains no more details, the Committee requests the Government to supply detailed information on the manner in which effect is given to these provisions of the Convention, to indicate and send to the ILO copy of any relevant national legislation.

  Article 16. According to the Government’s report, there are programmed annual targets for inspections covering the primary inspections, routine inspections and special inspections. The Committee hopes that the Government will supply further information on how this inspection system actually works as well as information on how the adequate frequency and thoroughness of inspection visits are ensured.

  Articles 17 and 18. Noting that the Government’s report provides only brief information which indicates that there are legal provisions in related national legislation with regard to these Articles of the Convention, the Committee requests the Government to providecopy of any relevant national legislation.

  Articles 20 and 21. The Committee notes the Government’s indication in its 1999 report that arrangements to submit the annual inspection reports to the ILO were at an advanced stage at the time of reporting. Noting that no annual report has been supplied since 1995, the Committee hopes that the Government will make every effort to submit annual reports containing all the information on each of the matters listed in Article 21.

  Labour inspection and child labour. In addition, referring also to its 1999 general observation under the Convention, the Committee asks the Government to communicate information concerning any measure tending to increase the role of labour inspectors in gathering information related to the conditions under which children work and to the hazards to which they are exposed as well as in identifying hidden forms of exploitation of children in order to contribute to the formulation of policies, legal measures and labour standards in this area.

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

Referring also to its observation under the Convention, and noting the information contained in the Government’s reports, the Committee requests the Government to provide further information and clarification on the points raised below.

Article 5 of the Convention.  The Committee notes in the Government’s report that the plans were at advanced stage to promote effective cooperation and collaboration between government agencies which have related functions to labour protection. It requests the Government to provide detailed information on any progress made in this regard.

Articles 12, 13 and 15.  The Government indicates that the national legislation is in conformity with the provisions of these Articles of the Convention. Noting that the report contains no more details, the Committee requests the Government to supply detailed information on the manner in which effect is given to these provisions of the Convention, to indicate and send to the ILO copy of any relevant national legislation.

Article 16.  According to the Government’s report, there are programmed annual targets for inspections covering the primary inspections, routine inspections and special inspections. The Committee hopes that the Government will supply further information on how this inspection system actually works as well as information on how the adequate frequency and thoroughness of inspection visits are ensured.

Articles 17 and 18.  Noting that the Government’s report provides only brief information which indicates that there are legal provisions in related national legislation with regard to these Articles of the Convention, the Committee requests the Government to provide copy of any relevant national legislation.

Articles 20 and 21.  The Committee notes the Government’s indication in its 1999 report that arrangements to submit the annual inspection reports to the ILO were at an advanced stage at the time of reporting. Noting that no annual report has been supplied since 1995, the Committee hopes that the Government will make every effort to submit annual reports containing all the information on each of the matters listed in Article 21.

Labour inspection and child labour.  In addition, referring also to its 1999 general observation under the Convention, the Committee asks the Government to communicate information concerning any measure tending to increase the role of labour inspectors in gathering information related to the conditions under which children work and to the hazards to which they are exposed as well as in identifying hidden forms of exploitation of children in order to contribute to the formulation of policies, legal measures and labour standards in this area.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Point IV of the report form. Further to its observation, the Committee notes the brief information contained in the Government's report in reply to its previous comments. It recalls its previous request for an appreciation of the manner in which the Convention is applied, and for information on practical difficulties encountered in general. In this regard the Committee trusts the Government will endorse the recommendations of the ILO tripartite mission to evaluate the system of labour inspection in Nigeria that took place in 1991, which should ensure a better implementation of the Convention in practice, and permit the Government to take or envisage measures with regard to the following subject areas raised in its previous comments and to provide details in its next report:

(a) the role, functions and system of labour and factory inspection (having particular regard to the supervisory and coordinating role of the central authority and the need to collaborate with employers and workers or their organizations under Articles 4 and 5 of the Convention);

(b) the mobility of inspectors and their role in respect of their effectiveness (having regard to the need for transport and other facilities in accordance with Article 11);

(c) the planning and organization of inspection methods and techniques (having regard to the need to ensure effective application of laws under Article 16, and the need for inspectors to submit regular reports on their activities under Article 19);

(d) the manner in which inspectors carry out their functions (having particular regard to their powers under Articles 12 and 13 and enforcement measures under Articles 17 and 18);

(e) staff development (having particular regard to questions of recruitment, members, status and training under Articles 6, 7, 8, 9, 10 and 15).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Articles 16, 20 and 21 of the Convention. Further to its previous observations, the Committee notes from the Government's report that its comments will be taken into consideration in the preparation of subsequent reports. It also notes that an internal memorandum has been submitted by the Government but no decision has yet been taken regarding the establishment of a National Board of Labour Protection, one of the major recommendations of the ILO tripartite mission to evaluate the system of labour inspection in Nigeria that took place in 1991. Meanwhile, no annual labour inspection report has been sent since 1989. The Committee recalls the considerable importance attached to the 1991 mission and report, organized on the Government's invitation, and the need to take the necessary measures to implement its recommendations without delay. It hopes the Government will include in its next report full information on all measures taken or proposed in relation to the preparation and publication of an annual inspection report in accordance with the Convention, showing how far it is ensured that inspection visits take place as often and as thoroughly as necessary to achieve observance of labour legislation, and that it will also deal with other matters raised in a direct request.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Point IV of the report form. Further to its observation, the Committee would be grateful if the Government would provide with its next report an appreciation of the manner in which the Convention is applied, and information on practical difficulties encountered. In particular, the Government might address itself to the following subject areas and indicate, with regard to each, the measures which are taken or envisaged:

(a) the role, functions and system of labour and factory inspection (having particular regard to the supervisory and coordinating role of the central authority and the need to collaborate with employers and workers or their organisations under Articles 4 and 5 of the Convention);

(b) the mobility of inspectors and its role in respect of their effectiveness (having regard to the need for transport and other facilities in accordance with Article 11);

(c) the planning and organisation of inspection methods and techniques (having regard to the need to ensure effective application of laws under Article 16, and the need for inspectors to submit regular reports on their activities under Article 19);

(d) the manner in which inspectors carry out their functions (having particular regard to their powers under Articles 12 and 13 and enforcement measures under Articles 17 and 18);

(e) staff development (having particular regard to questions of recruitment, members, status and training under Articles 6, 7, 8, 9, 10 and 15).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. Further to its previous observations, the Committee notes the statistical information provided in the Government's report and the Annual Report of the Federal Ministry of Employment, Labour and Productivity for 1989. However, this does not seem to give a full picture of the application of the Convention as required: in particular the statistics contained in the 1989 Annual Report do not cover workplaces liable to inspection and the number of workers employed therein, in conformity with Article 21(c), and refer only indirectly to laws and regulations relevant to the work of the inspection service.

The Committee has also noted that on the Government's invitation the ILO organised a tripartite mission to evaluate its labour inspection system, which took place in 1991. It hopes that the Government's next report will include full information on all measures taken or proposed in the light of the mission, especially in relation to the preparation and publication of an annual inspection report in accordance with the Convention and to the other matters raised in a direct request.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. While noting the statistical data provided by the Government, the Committee must draw the Government's attention once again to the obligation to publish a general annual report on the work of the inspection services including detailed information on the subjects listed under Article 21. It trusts that, in future, these reports will be published and transmitted to the International Labour Office within the period laid down at Article 20 of the Convention.