Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Nigéria (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. Following its previous comments, the Committee notes the Government’s indication that high level advocacy is ongoing with the remaining four State Houses of Assembly, Judiciary and other state authorities with regard to the entry into force of the Child Rights Act of 2003 in these States. The Committee expresses the hope that the Child Rights Act will enter into force in the remaining four states of Nigeria in the very near future. It requests the Government to provide information on any progress made in this regard.

Article 4(1) and (2) of the Convention. Determination and identification of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5 and 7(1). Monitoring mechanisms and penalties. Following its previous comments, the Committee notes from the Government’s report that from 2012 to 2014 the National Agency for the Prevention of Trafficking in Persons (NAPTIP) instituted 70 cases related to trafficking of children and secured 16 convictions in 2014 with penalties ranging from three months to 30 years of imprisonment. However, the Committee notes from the ILO–IPEC report of 2014 that the Executive Secretary of NAPTIP expressed concern that Nigeria remained a source, transit and destination point for trafficked persons. The Committee, therefore, urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies to combat this phenomenon. In this regard, it requests the Government to take effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children for labour and sexual exploitation are carried out. It also requests the Government to continue providing information on the number of investigations involving trafficking in children conducted by NAPTIP, the police officers, customs officers and immigration officers and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes that the Government adopted a national policy on child labour followed by a National Action Plan (NAP) for the Elimination of Child Labour 2013–17. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP 2013–17 for the elimination of the worst forms of child labour as well as the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child trafficking. Following its previous comments, the Committee notes from the ILO–IPEC report of 2014 that within the framework of the ECOWAS-II project, a total of 779 children involved in child labour were reached with prevention, withdrawal and protection services. Of these, 108 children, including child victims of trafficking were rescued and supported by NAPTIP, of which, eight were rehabilitated at the NAPTIP shelter and provided with vocational skills or enrolled in school, while the remaining were reunited with their families. The Committee requests the Government to continue providing information on the number of victims of worst forms of child labour, particularly child victims of trafficking who have benefited from the NAPTIP’s rehabilitation centres.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted an increase in the number of children in street situations, including almajiri children.

The Committee notes from the Nigeria Education For All (EFA) Review report 2000–14 that the Government launched the Almajiri Special Education Project in 2012 with the aim to integrate basic education into Koranic schools and provide access for children at risk of exclusion irrespective of gender, religious background or social status. This project intends to integrate the estimated 9 million almajiri children into the basic education programme. It also notes from the Government’s report that 152 Almajiri special schools, funded by the Federal Government and managed by the Universal Basic Education Commission, have been established. The Committee requests the Government to provide information on the number of almajiri children who have been integrated through the Almajiri Special Education Project. Furthermore, considering the fact that street children are at a higher risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to protect all street children from the worst forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard as well as on the results achieved.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s indication that the National Action Plan for Orphans and Vulnerable Children 2013–20 (NAP for Orphans and OVCs) is committed to achieving equal access to education; access to social protection measures; protection from abuse, exploitation and neglect; provision of health and nutrition; and adequate standard of living. The Committee notes, however, that according to UNAIDS estimates of 2014, over 1.6 million children are orphaned due to AIDS in Nigeria. Recalling that orphans of HIV/AIDS and OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to continue taking the necessary measures to ensure that the goals enlisted within the NAP for Orphans and OVCs are effectively implemented in order to protect these children from the worst forms of child labour. It requests the Government to provide information on its implementation and on the results achieved.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes from the Government’s report that several initiatives encouraging girls’ education have been launched in Nigeria, such as: (i) the development of the national gender policy in basic education; (ii) the establishment of continuing education centres for female drop-outs in some northern and southern states; (iii) the establishment of federal government girls colleges in the 36 states; (iv) the review of educational materials in primary and secondary schools in order to integrate the gender perspective; and (v) the establishment of day-care centres to discourage the engagement of girls as babysitters. The Committee also notes from the EFA Review report that the Government increased funding for girls’ education; established a mother’s association and trained a total of 3,602 mothers in 2012 to track girls enrolment, attendance and completion of education; provided learning kits to 10,000 girls; provided discounted transportation for girls in rural communities to have easy access to schools; and provided conditional cash transfers to indigent families to support the girls school attendance.

The Committee notes, however from the EFA Review report that there exist substantial gender gaps in primary school, particularly in the north where only 40 per cent of primary school-age girls are enrolled compared to 80 per cent in the south-east states. The report further indicates that the recent trend in insecurity in some parts of Nigeria, especially in the north east poses a threat to the education of girls. The Committee, therefore, requests the Government to pursue its efforts to improve girls’ access to education, particularly in the northern states and to provide information on progress made in this regard.

Article 8. International cooperation. 1. Bilateral agreement to combat child trafficking. The Committee had previously noted the Government’s statement that Nigeria had signed bilateral agreements with the United Kingdom, Northern Ireland, Luxembourg, and Switzerland as well as an operational agreement with the Netherlands relating to the reduction of child trafficking. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the impact of these bilateral agreements in combating the trafficking of children.

2. Poverty eradication programme. The Committee had previously noted the increasing number of people living in poverty in Nigeria.

The Committee notes the information contained in the Government’s report regarding the poverty reduction programmes undertaken by the Government such as: the Youth Enterprise with Innovation (You Win) programme aiming to create more jobs for Nigerians; the implementation of the Subsidy Reinvestment and Empowerment Programme (SURE–P) which will ensure the efficient management of financial resources in order to improve the social conditions of Nigerians; and the Graduate Internship Scheme (GIS) with the mandate to provide short-term employment for graduates. Taking note of the measures taken by the Government, the Committee encourages the Government to pursue and strengthen its efforts for the effective reduction of poverty in the country which will contribute to the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee had previously noted with concern the situation and high number of children who were engaged in child labour and its worst forms in the country. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to take immediate and effective measures to prevent these children from engaging in the worst forms of child labour and to remove those involved from these worst forms and to provide for their rehabilitation. It also asks the Government to provide statistical information and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.