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

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Previous observation and direct request

Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. Legislation.Noting that the Government does not provide any information in reply to its previous comment, the Committee once again asks the Government to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 in practice, including its impact on the integration of men and women with disabilities in the labour market; (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and the employment of persons with disabilities and the results achieved; (iii) the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market); and (iv) the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV status. Referring to its previous comment, the Committee takes note of the Occupational Safety and Health (OSH) checklist provided by the Government in its report. The Committee notes with interest that the OSH checklist, which guides workplace health inspections, requires labour inspectors to asks if a workplace has a HIV/AIDS policy in place and if it has been communicated to employees. The Committee takes note of the information provided in the National Workplace Policy on HIV and AIDS, 2013, the objectives of which are to ensure the development of policies and programmes to, inter alia, eliminate discrimination and stigmatization in the workplace based on real or perceived HIV status, and which shall be reviewed every 5 years. The Government also indicates that there have been no cases of discrimination based on real or perceived HIV/AIDS status. The Committee requests the Government to provide: (i) a copy of the revised National Workplace Policy on HIV/AIDS once finalized; and (ii) information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including the number of complaints or cases of discrimination based on real or perceived HIV and AIDS status dealt with by the labour inspectors, the courts or any other competent authority, as well as the penalties imposed and remedies granted.

Articles 1 and 3(c). Discrimination based on sex with regard to employment in the police force. The Committee notes that the Government did not provide any new information on this point and therefore once again requests it to provide statistical information on the number of women who have been recruited to the police force following the entry into force of the 2020 Police Act.

Articles 2 and 3. Equality of opportunity for men and women. The Committee welcomes the adoption and implementation of: (1) the Adolescent Girls Initiative for Learning and Empowerment Programme (AGILE) 2020–25, to enhance women’s economic development and facilitate access to education and employment for girls and women; (2) the National Policy on Gender in Education (2021) and its Implementation Guidelines, which reviews the 2006 National Policy on Gender in Basic Education, and aims to address issues of access to, retention in and completion of education, and to ensure equitable access and promote empowering and inclusive education for boys, girls, men and women at all levels of education; (3) the revised National Gender Policy 2021–26 which seeks to bridge the gender inclusion gaps and achieve gender parity in all spheres of life, advance women’s participation and representation in leadership and governance and support girls’ and women’s education; and (4) the 2022 project Promoting Gender Equality and Enterprise Formalization in Nigeria, in collaboration with the ILO, to support key actors in the business ecosystem to adopt approaches and policies that respond to the needs of women entrepreneurs, with a focus on those active in the informal economy. The Committee also notes that the Government, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), indicates that, despite various advocacy initiatives, strong patriarchal social norms and cultural beliefs remain deeply entrenched and are obstacles to gender equality. The Committee requests the Government to pursue its efforts and to provide information on: (i) the measures taken in the framework of the National Gender Policy 2021–26 and the National Policy on Gender in Education 2021 and the results achieved; (ii) the measures taken to address underlying obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and the lack of access to productive resources, such as through awareness-raising activities for workers’ and employers’ organizations, in schools and to the general public; and (iii) provide statistical information, disaggregated by sex, on the participation of men and women in all stages of education, including vocational training courses, and employment.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. With regard to the prohibition for women to undertake night work and underground work under sections 55 and 56 of the Labour Act, the Committee notes the Government’s indication that sections 55(2) and (5) and 56(2) of the Labour Act provide exceptions to the general prohibition. However, the Committee notes, that these exceptions are very limited, and only apply when the work involved is related to the provision of healthcare services and not related to manual labour, or when women are undertaking managerial tasks. The Committee therefore once again refers to the Government to its General Survey on the fundamental Conventions, 2012, paragraphs 839–840. The Committee once again requests the Government to: (i) consider amending, in consultation with workers’ and employers’ organizations, and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard; and (ii) consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures for improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

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Previous observation and previous direct request

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with concern that the Government’s report still has not taken any steps for the adoption of comprehensive anti-discrimination legislation. It notes that the Government merely states that the Labour Standards Bill has been approved by the Federal Executive Council and is before the Ministry of Justice for legal drafting for onward transmission to the National Assembly. Recalling that the adoption of the Labour Standards Bill has been pending since 2006, the Committee again urges the Government to take the necessary steps to accelerate the adoption of the Labour Standards Bill and the Gender and Equal Opportunities Bill 2016, and to ensure that the legislation explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of employment.

Article 1(1)(a). Discrimination based on sex. Maternity. With reference to the Committee’s previous requests that the Government take measures to address discriminatory practices in the workplace against women based on maternity and marital status, the Committee notes the Government’s brief statement that it will collaborate with the social partners on this issue. It notes with regret that no further information is given. The Committee recalls that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can only, by definition, affect women. Discriminatory practices linked to pregnancy or maternity continue to exist and have been particularly linked to dismissal and denial of the return to work following maternity leave, the use of temporary contracts to discriminate against pregnant women and mandatory pregnancy testing (see General Survey on fundamental Conventions, 2012, paragraph 784). The Committee urges the Government to: (i) take measures to address discriminatory practices in the workplace based on maternity and marital status, such as awareness-raising activities in collaboration with workers’ and employers’ organizations; (ii) provide information on the progress achieved to this end; and (iii) provide information on the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

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

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

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

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Having previously noted the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee observed that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. The Committee asked the Government to include in its national legislation an explicit prohibition of sexual harassment at work. The Committee notes the Government’s indication that the question of sexual harassment is being addressed in the Labour Standards Bill. The Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination. The Committee asks the Government to intensify its efforts to include provisions in the Labour Standards Bill that: (i) clearly define and prohibit all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints lodged concerning sexual harassment and the sanctions imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Disability. Legislation. Noting in its previous comments the adoption of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018, the Committee asked the Government to provide information on its application in practice. The Committee notes that the Government’s report is silent on this point. The Committee therefore asks the Government once again to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; and (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and the employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV status. In the absence of reply to its previous request, the Committee again asks the Government to provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV status. It also asks the Government to provide: (i) a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist; (ii) information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including any complaints or cases of discrimination based on real or perceived HIV status dealt with by the labour inspectors, the courts or any other competent authority, as well as the sanctions imposed and remedies granted.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work and underground work in mines for women. In the absence of information in the Government’s report, the Committee asks the Government once again to consider amending, in consultation with employers’ and workers’ organizations, and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures for improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

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Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes the Government’s indication in its report that the National Labour Advisory Council has been established and that the Labour Standards Bill and the Gender and Equal Opportunities Bill will be forwarded to the National Assembly. The Committee notes with deep regret that the Government has not taken steps for the adoption of comprehensive anti-discrimination legislation. Recalling that the Committee has been raising this specific issue for a number of years, it urges the Government to take the necessary steps to accelerate the adoption of the Labour Standards Bill and the Gender and Equal Opportunities Bill. It trusts that progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of employment.

Article 1(1)(a). Discrimination based on sex. Maternity. For a number of years, the Committee has been asking that the Government provide information on the specific measures taken to address discriminatory practices in the workplace against women based on maternity and marital status. It notes once again that the Government has not provided any information in its report on this point.  The Committee urges the Government to provide information on: (i) the measures taken or envisaged in the near future, including in collaboration with workers’ and employers’ organizations, to address discriminatory practices in the workplace based on maternity and marital status; and (ii) the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

Articles 1 and 3(c). Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applicable to women, are discriminatory on the basis of sex and thus incompatible with the Convention. The Committee notes with satisfaction that the 1968 Police Regulations and the 2004 Police Act, Cap P.19, were repealed by the 2020 Police Act. It notes in particular that the provisions relating to the recruitment of women police officers have been replaced by general provisions applying to both male and female candidates (Part iv of the Act) with gender-neutral terminology. The Committee encourages the Government to take measures to ensure that women in the police force benefit from effective equality of opportunity and treatment in practice. The Government is requested to provide statistical information on the number of women who have been recruited to the police force following the entry into force of the 2020 Police Act.

Articles 2 and 3. Equality of opportunity for men and women. In its previous comment, noting the absence of legislation that fully reflects the principles of the Convention, the Committee urged the Government to strengthen its efforts to take proactive measures, in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments and promote and enforce the application of the provisions of the Convention in practice. It also asked the Government to provide information on: (1) any progress made in the review of the National Gender Policy of 2006; (2) the measures taken to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas (for example, by improving the school attendance rate for women and girls and reducing their early drop-out from school, enhancing women’s economic empowerment and access to education and employment, etc.); and (3) statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors, as well as in the informal economy. The Committee notes the Government’s indication that, to address the issue of the school attendance rate of girls, a National Policy on Gender in Basic Education and the Adolescent Girls Initiative for Learning and Empowerment (AGILE) (2020–25) have been adopted. It notes in particular that the AGILE programme aims to enhance women’s economic empowerment and facilitate access to education and employment. Moreover, the Committee observes that in 2018 the Government launched the Nigeria for Women Project with the support of the World Bank. The project focuses on creating an enabling environment for women to overcome institutional obstacles (including market failures) and barriers to enhance productive livelihoods and socio-economic advancement through the formation and strengthening of Women Affinity Groups (WAGs) with a strong livelihood focus to enhance household income. The Committee asks the Government to provide information on the results of its efforts to promote access to education and women’s economic empowerment (for example, in terms of the school attendance rate of women and girls and the reduction of early school drop-out rates, the number of women in decision-making positions) in particular in rural areas. Noting that the Government’s report is silent on the other points raised in previous comments, the Committee once again urges the Government to: (i) address underlying obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and the lack of access to productive resources; and (ii) provide statistical information, disaggregated by sex, on the participation of men and women in all stages of education and in the various vocational training courses, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by persons of the other sex. It asks the Government to provide information on any progress made in the adoption of a revised National Gender Policy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. Noting that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly asked the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. The Government indicates that, to ensure that there is no discrimination in employment opportunities, it has set up the Federal Character Commission and the National Human Rights Commission. The Committee notes that the National Human Rights Commission is mandated to: (1) monitor and investigate all alleged cases of human rights violations and make appropriate recommendations to the federal government for criminal prosecution; and (2) assist victims of human rights violations and seek appropriate redress and remedies on their behalf. The Committee notes with regret the lack of information in the Government’s report on the measures taken to address the discrimination faced by ethnic and religious minorities in employment and occupation.  The Committee asks the Government to take proactive measures to address discrimination against ethnic and religious minority groups, and particularly nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures taken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on legislative developments relevant to the rights of minorities. The Committee asks the Government to provide information on the number and nature of complaints, as well as the grounds relied upon, filed with the Human Rights Commission that relate to discrimination based on race, colour, religion and national extraction.

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

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Maternity. For a number of years, the Committee has been requesting that the Government provide information on the specific measures taken to address discriminatory practices against women based on maternity and marital status in the workplace. Noting with regret the repeated lack of information provided by the Government in that regard, the Committee notes that in its 2017 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) also remained concerned at the lack of information on discriminatory practices based on maternity and marital status in the workplace and on the activities of labour inspectors in the Federal Ministry of Labour and Employment to address such complaints (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35(d)). The Committee urges the Government to identify the steps taken, including in collaboration with workers’ and employers’ organizations, to address without delay discriminatory practices based on maternity and marital status in the workplace, including information on the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

Sexual harassment. While welcoming the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee notes that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. It notes that the Organisation for Economic Co-operation and Development (OECD) recently highlighted that in Nigeria sexual harassment is widespread and the practice of demanding sexual favours in exchange for employment or university grades is common practice (OECD, 2019 Gender index). The Committee notes the 2018 Statistical Report on Women and Men in Nigeria of the National Bureau of Statistics (NBS) which records that the national rape incidence for women and girls is increasing (from 63 per cent in 2015 to 69.3 per cent in 2017). The Committee further notes that in their 2017 and 2019 concluding observations, the CEDAW and United Nations Human Rights Committee respectively were concerned about reports of widespread gender-based violence against women and girls; as well as the low level of reporting of gender-based violence, partly due to a culture of silence perpetuated by persistent societal stereotypes, the lack of prompt and effective investigations into such cases, the low levels of prosecution and conviction of perpetrators, and the insufficient level of assistance for victims (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 20, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 26). Noting that the national legislation does not contain any provision explicitly prohibiting sexual harassment at work, the Committee hopes that the Government will seize every opportunity, including that provided by the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill, to include in its national legislation specific provisions that: (i) clearly define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile environment harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints concerning sexual harassment lodged, penalties imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in workplaces, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Legislation. Disability. The Committee notes with interest the adoption on 23 January 2019 of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, and more particularly its sections 1(1) (prohibition of discrimination), 17(1) (right to education without discrimination or segregation) and 28(1) (right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open). It further notes that section 29 of the Act provides that “all employers of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 per cent of their employment”. Furthermore, the Act provides for the establishment of a National Commission for Persons with Disabilities which shall, inter alia, establish and promote inclusive schools, vocational and rehabilitation centres for the development of persons with disabilities, and receive complaints by persons with disabilities on the violation of their rights (section 37(j) and (n)). The Committee, however, notes that in its 2017 concluding observations, the CEDAW expressed particular concerns that women and girls with disabilities face physical and economic barriers in various fields, especially in gaining access to education and employment (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 43(a)). The Committee asks the Government to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; as well as on (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV and AIDS status. The Committee previously noted the adoption in 2014 of the HIV and AIDs (Anti-Discrimination) Act, which contains provisions prohibiting all forms of discrimination based on HIV status in the workplace. It further noted that a review of the National Workplace Policy on HIV/AIDS was being conducted to reflect the HIV and AIDS Recommendation, 2010 (No. 200), and that HIV/AIDS matters had also been included in the Occupational Safety and Health checklist. Noting with regret the absence of information provided by the Government on this issue, the Committee notes that the National Agency for the Control of AIDS (NACA) indicated in 2018 that it was time to accelerate the implementation of the HIV workplace policy and anti-discrimination law as a result of the unequal treatment of workers based on their HIV status in the workplace. The Committee again asks that the Government provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status, and to provide a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist. It also asks the Government to provide information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including identifying any complaints or cases of discrimination based on real or perceived HIV and AIDS status dealt with by the labour inspectors, the courts or any other competent authority, as well as the penalties imposed and remedies granted.

Article 2. General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work for women, as well as underground work in any mine. Referring to its comments on the application of the Underground Work (Women) Convention, 1935 (No. 45), the Committee draws the Government’s attention to the provisions on this subject contained in the Safety and Health in Mines Convention, 1995 (No. 176). The Committee recalls that when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraphs 839–840). The Committee notes that, in its 2017 concluding observations, the CEDAW also expressed concern about discriminatory provisions of the Labour Act which prohibited the employment of women in night work. The Committee asks the Government to consider amending, in consultation with employers’ and workers’ organizations and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which includes provisions on equality of opportunity and treatment, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equality of opportunity and treatment in employment and occupation, is incorporated in the Bill. The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill, nor on the adoption of the Gender and Equal Opportunities Bill of 2016, which would provide protection against discrimination based on sex, age and disability; promote gender equality; and provide for special temporary measures, including in employment and occupation. It notes that, in their concluding observations, the United Nations (UN) Human Rights Committee (HRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the delay in adopting the two above-mentioned bills and recommended that the Government expedite the adoption of pending laws and adopt comprehensive anti-discrimination legislation that: (i) includes a comprehensive list of prohibited grounds of discrimination, including race, colour, sex, religion, political opinion, and national or social origin; (ii) covers direct and indirect discrimination; and (iii) provides for effective remedies, including judicial remedies (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 17, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraphs 9, 10 and 35(b)). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill. It trusts that real progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in its national legislation are preserved in any new legislation. In the meantime, the Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, and asks the Government to provide information on any progress made in this regard.

Articles 1 and 3. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. More particularly, the Committee underlined that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. While noting the Government’s general indication that this issue will be conveyed to the Police Service Commission for review, the Committee recalls that women should have the right to pursue freely any job or profession and that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see General Survey of 2012 on fundamental Conventions, paragraph 788). It further notes that in its concluding observations, the CEDAW remained concerned about: (i) article 42(3) of the Constitution, which validates any law that may impose discriminatory restrictions with respect to an appointment to the police force; as well as (ii) the above-mentioned discriminatory provisions of the Police Act and Regulations (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 11). Recalling once again that each member State for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring its legislation into conformity with the Convention without delay, and to indicate any measures taken in this regard to effectively ensure equality of opportunity and treatment of women in the police force. It asks the Government, once again, to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 2 and 3. Equality of opportunity for men and women. The Committee previously noted that the National Gender Policy of 2006 was being reviewed and that, while no further information had been provided on training activities by the National Directorate for Employment (NDE) and the Technical Vocational Education Training (TVET) programme for rural women and women with disabilities, the Government referred to the “Community Services, Women and Youth Employment” (CSWYE) project. This project was being implemented to provide temporary employment opportunities in cleaning and light construction work through community services to unemployed women, youth, and persons with disabilities, while ensuring a level of guaranteed income for up to one year. The Committee notes with regret the lack of information provided by the Government on the measures taken to promote equal opportunities for men and women in employment and occupation. However, the Committee notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the Government acknowledges that, although there have been major achievements when it comes to progress with gender equality and the empowerment of women, there are still several challenges, such as for example: gender stereotypes, social norms and cultural barriers; lack of enough up-to date gender disaggregated data; addressing the intersectional nature of gender inequality; inadequate funding to implement programmes and policies; insecurity, gender violence and conflict; non domestication of major treaties and poor implementation of some of the sector specific laws and policies (such as the National Gender Policy). In addition, the Committee notes that, in its concluding observations, the CEDAW was concerned that: (i) the CSWYE and “Growing Girls and Women in Nigeria” projects lack a legislative basis that would ensure their enforcement; (ii) there are no mechanisms in place to track the progress of the CSWYE project; (iii) there is no information on plans to expand that project to rural areas, where the majority of women live; (iv) women own less than 7.2 per cent of the total land mass and their land rights in rural areas are not guaranteed; and (v) rural women continue to face physical, economic and other barriers in gaining access, inter alia, to education and employment (CEDAW/C/NGA/CO/7 8, 24 July 2017, paragraphs 19 and 41). The Committee notes that, in the framework of the Universal Periodic Review (UPR), several UN bodies and organizations expressed concern about school dropout by many women and girls, in particular in the North-East region owing to the Boko Haram insurgency (A/HRC/WG.6/31/NGA/2, 27 August 2018, paragraphs 60–62). In this regard, the Committee notes, from the 2018 Statistical Report on Women and Men in Nigeria, published by the National Bureau of Statistics (NBS), that the enrolment rate of school-aged girls in primary education decreased from 48.6 per cent in 2014 to 47.5 per cent in 2016, and the completion rates for girls in primary, junior and senior secondary schools in 2016 were 64.8 per cent, 38.9 per cent and 28.7 per cent respectively. It notes that the literacy rate among girls and women aged between 15 and 24 years remained low at 59.3 per cent in 2016, compared to 70.9 per cent for men. While observing that the report of the NBS does not contain information on the situation of women in the private sector, the Committee notes that women represented only 44.9 per cent of the state civil service’s employees in 2015 and were mostly concentrated in lower grades, their situation being similar in federal ministries, departments and agencies. Noting from the NBS statistical report that women are often disadvantaged in access to employment opportunities and in conditions of work as compared to men and that employment opportunities of many women are also limited as a result of their family responsibilities, the Committee notes with concern, from the 2017 Unemployment/Under Employment Report of the NBS, that the number of employed women decreased from 2017 to 2018 while their unemployment rate increased by 5.4 percentage points. The Committee notes that, in its concluding observations, the HRC expressed concern about discrimination against women in access to justice, education, employment and enjoyment of land and property rights persists both in law and in practice (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 16). It also notes that, in its concluding observations, the CEDAW was concerned about the persistence of harmful practices and discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, which perpetuate women’s subordination in the private and public spheres (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 21). The Committee notes that the Human Rights Council, in the context of the UPR, specifically recommended that the Government: (i) strengthen educational opportunities for girls; (ii) continue efforts to facilitate women’s economic empowerment and access to economic opportunities, particularly in rural areas; (iii) prevent violence and discrimination against women; and (iv) intensify efforts to enable women to gain access to justice by increasing gender awareness among judges and other court personnel (A/HRC/40/7, 26 December 2018, paragraph 148). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further urges the Government to provide information on the measures taken, including in the framework of the revision of the National Gender Policy of 2006, to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas, by effectively enhancing women’s economic empowerment and access to education and employment, including decision-making positions, as well as by improving the school attendance rate for women and girls while reducing their early dropout from school. The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. The Committee previously noted that article 42(1)(a) of the Constitution – which provides that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject – only protects citizens and does not contain an explicit prohibition of discrimination in employment and occupation. Having noted that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly requested the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. It notes with regret that the Government once again provides no information on this point, nor regarding discrimination in employment and occupation resulting from the practice of ascribing certain occupations and social status to a person on the basis of that person’s descent. The Committee notes with concern that, in its concluding observations, the HRC was concerned about: (i) allegations of discrimination against religious minorities, including discrimination against Christians in the northern states in terms of access to education and employment; as well as (ii) reports of discrimination against certain ethnic minorities in various aspects of their lives, including access to education and employment due to the differential access of indigenous persons and settlers, and segregation from society of some groups such as the Osu (CCPR/C/NGA/CO/2, 29 August 2019, paragraphs 44 and 50). In light of the absence of national legislation explicitly prohibiting direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, the Committee urges the Government to provide information on any measures taken, in law and in practice, to address discrimination in employment and occupation faced by ethnic and religious minorities, including nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures undertaken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on any legislative developments relevant to the rights of minorities.

General Observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

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

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Article 1(1)(a) of the Convention. Discrimination based on sex. Maternity. For a number of years, the Committee has been requesting that the Government provide information on the specific measures taken to address discriminatory practices against women based on maternity and marital status in the workplace. Noting with regret the repeated lack of information provided by the Government in that regard, the Committee notes that in its 2017 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) also remained concerned at the lack of information on discriminatory practices based on maternity and marital status in the workplace and on the activities of labour inspectors in the Federal Ministry of Labour and Employment to address such complaints (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35(d)). The Committee urges the Government to identify the steps taken, including in collaboration with workers’ and employers’ organizations, to address without delay discriminatory practices based on maternity and marital status in the workplace, including information on the number and nature of the cases identified and addressed by the competent authorities, in particular by labour inspectors, the sanctions imposed and remedies granted.

Sexual harassment. While welcoming the adoption of the Violence against Persons (Prohibition) Act 2015, which aims to prohibit all forms of violence against persons in private and public life, the Committee notes that the Act criminalizes emotional, verbal and psychological abuse as well as acts of intimidation, but does not explicitly criminalize sexual harassment. It notes that the Organisation for Economic Co-operation and Development (OECD) recently highlighted that in Nigeria sexual harassment is widespread and the practice of demanding sexual favours in exchange for employment or university grades is common practice (OECD, 2019 Gender index). The Committee notes the 2018 Statistical Report on Women and Men in Nigeria of the National Bureau of Statistics (NBS) which records that the national rape incidence for women and girls is increasing (from 63 per cent in 2015 to 69.3 per cent in 2017). The Committee further notes that in their 2017 and 2019 concluding observations, the CEDAW and United Nations Human Rights Committee respectively were concerned about reports of widespread gender-based violence against women and girls; as well as the low level of reporting of gender-based violence, partly due to a culture of silence perpetuated by persistent societal stereotypes, the lack of prompt and effective investigations into such cases, the low levels of prosecution and conviction of perpetrators, and the insufficient level of assistance for victims (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 20, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 26). Noting that the national legislation does not contain any provision explicitly prohibiting sexual harassment at work, the Committee hopes that the Government will seize every opportunity, including that provided by the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill, to include in its national legislation specific provisions that: (i) clearly define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile environment harassment); (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on any steps taken or envisaged to enhance women’s access to legal procedures, indicating the number of complaints concerning sexual harassment lodged, penalties imposed and remedies granted. The Committee also asks the Government to provide information on any measures taken to prevent and address sexual harassment in workplaces, including in the informal economy, and to increase public awareness of sexual harassment as well as of the procedures and mechanisms available for victims.

Article 1(1)(b). Additional grounds of discrimination. Legislation. Disability. The Committee notes with interest the adoption on 23 January 2019 of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, and more particularly its sections 1(1) (prohibition of discrimination), 17(1) (right to education without discrimination or segregation) and 28(1) (right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open). It further notes that section 29 of the Act provides that “all employers of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 per cent of their employment”. Furthermore, the Act provides for the establishment of a National Commission for Persons with Disabilities which shall, inter alia, establish and promote inclusive schools, vocational and rehabilitation centres for the development of persons with disabilities, and receive complaints by persons with disabilities on the violation of their rights (section 37(j) and (n)). The Committee, however, notes that in its 2017 concluding observations, the CEDAW expressed particular concerns that women and girls with disabilities face physical and economic barriers in various fields, especially in gaining access to education and employment (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 43(a)). The Committee asks the Government to provide information on: (i) the application of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 in practice, including on its impact on the integration of men and women with disabilities in the labour market; as well as on (ii) any measures and programmes implemented, including within the framework of the National Commission for Persons with Disabilities, to promote vocational training and employment of persons with disabilities and the results achieved. It asks the Government to provide information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), as well as on the number, nature and outcome of cases of discrimination on the ground of disability dealt with by the National Commission for Persons with Disabilities, the labour inspectors, the courts or any other competent authority.

HIV and AIDS status. The Committee previously noted the adoption in 2014 of the HIV and AIDs (Anti-Discrimination) Act, which contains provisions prohibiting all forms of discrimination based on HIV status in the workplace. It further noted that a review of the National Workplace Policy on HIV/AIDS was being conducted to reflect the HIV and AIDS Recommendation, 2010 (No. 200), and that HIV/AIDS matters had also been included in the Occupational Safety and Health checklist. Noting with regret the absence of information provided by the Government on this issue, the Committee notes that the National Agency for the Control of AIDS (NACA) indicated in 2018 that it was time to accelerate the implementation of the HIV workplace policy and anti-discrimination law as a result of the unequal treatment of workers based on their HIV status in the workplace. The Committee again asks that the Government provide information on any steps taken or envisaged to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status, and to provide a copy of the revised National Workplace Policy on HIV/AIDS once finalized and of the Occupational Safety and Health checklist. It also asks the Government to provide information on the application of the HIV/AIDs (Anti-Discrimination) Act of 2014 in practice, including identifying any complaints or cases of discrimination based on real or perceived HIV and AIDS status dealt with by the labour inspectors, the courts or any other competent authority, as well as the penalties imposed and remedies granted.

Article 2. General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Restrictions on women’s employment. Prohibition of night work and underground work for women. The Committee recalls that sections 55 and 56 of the Labour Act prohibit night work for women, as well as underground work in any mine. Referring to its comments on the application of the Underground Work (Women) Convention, 1935 (No. 45), the Committee draws the Government’s attention to the provisions on this subject contained in the Safety and Health in Mines Convention, 1995 (No. 176). The Committee recalls that when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraphs 839–840). The Committee notes that, in its 2017 concluding observations, the CEDAW also expressed concern about discriminatory provisions of the Labour Act which prohibited the employment of women in night work. The Committee asks the Government to consider amending, in consultation with employers’ and workers’ organizations and in particular with women workers’ organizations, sections 55 and 56 of the Labour Act prohibiting night work and underground work for women, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee encourages the Government to consider what measures may be necessary to ensure that men and women have access to employment on an equal footing, including measures improving health protection for men and women, providing appropriate means of transport and adequate safety measures, establishing social services and facilitating the balance between work and family responsibilities.

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Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which includes provisions on equality of opportunity and treatment, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equality of opportunity and treatment in employment and occupation, is incorporated in the Bill. The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill, nor on the adoption of the Gender and Equal Opportunities Bill of 2016, which would provide protection against discrimination based on sex, age and disability; promote gender equality; and provide for special temporary measures, including in employment and occupation. It notes that, in their concluding observations, the United Nations (UN) Human Rights Committee (HRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the delay in adopting the two above-mentioned bills and recommended that the Government expedite the adoption of pending laws and adopt comprehensive anti-discrimination legislation that: (i) includes a comprehensive list of prohibited grounds of discrimination, including race, colour, sex, religion, political opinion, and national or social origin; (ii) covers direct and indirect discrimination; and (iii) provides for effective remedies, including judicial remedies (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 17, and CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraphs 9, 10 and 35(b)). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill and Gender and Equal Opportunities Bill. It trusts that real progress will be made soon in adopting legislation that explicitly prohibits direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in its national legislation are preserved in any new legislation. In the meantime, the Committee again stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, and asks the Government to provide information on any progress made in this regard.

Articles 1 and 3. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing the Government’s attention to the fact that sections 118 to 128 of the Police Regulations of 1968, which provide for special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. More particularly, the Committee underlined that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. While noting the Government’s general indication that this issue will be conveyed to the Police Service Commission for review, the Committee recalls that women should have the right to pursue freely any job or profession and that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see General Survey of 2012 on fundamental Conventions, paragraph 788). It further notes that in its concluding observations, the CEDAW remained concerned about: (i) article 42(3) of the Constitution, which validates any law that may impose discriminatory restrictions with respect to an appointment to the police force; as well as (ii) the above-mentioned discriminatory provisions of the Police Act and Regulations (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 11). Recalling once again that each member State for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring its legislation into conformity with the Convention without delay, and to indicate any measures taken in this regard to effectively ensure equality of opportunity and treatment of women in the police force. It asks the Government, once again, to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 2 and 3. Equality of opportunity for men and women. The Committee previously noted that the National Gender Policy of 2006 was being reviewed and that, while no further information had been provided on training activities by the National Directorate for Employment (NDE) and the Technical Vocational Education Training (TVET) programme for rural women and women with disabilities, the Government referred to the “Community Services, Women and Youth Employment” (CSWYE) project. This project was being implemented to provide temporary employment opportunities in cleaning and light construction work through community services to unemployed women, youth, and persons with disabilities, while ensuring a level of guaranteed income for up to one year. The Committee notes with regret the lack of information provided by the Government on the measures taken to promote equal opportunities for men and women in employment and occupation. However, the Committee notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the Government acknowledges that, although there have been major achievements when it comes to progress with gender equality and the empowerment of women, there are still several challenges, such as for example: gender stereotypes, social norms and cultural barriers; lack of enough up-to date gender disaggregated data; addressing the intersectional nature of gender inequality; inadequate funding to implement programmes and policies; insecurity, gender violence and conflict; non domestication of major treaties and poor implementation of some of the sector specific laws and policies (such as the National Gender Policy). In addition, the Committee notes that, in its concluding observations, the CEDAW was concerned that: (i) the CSWYE and “Growing Girls and Women in Nigeria” projects lack a legislative basis that would ensure their enforcement; (ii) there are no mechanisms in place to track the progress of the CSWYE project; (iii) there is no information on plans to expand that project to rural areas, where the majority of women live; (iv) women own less than 7.2 per cent of the total land mass and their land rights in rural areas are not guaranteed; and (v) rural women continue to face physical, economic and other barriers in gaining access, inter alia, to education and employment (CEDAW/C/NGA/CO/7 8, 24 July 2017, paragraphs 19 and 41). The Committee notes that, in the framework of the Universal Periodic Review (UPR), several UN bodies and organizations expressed concern about school dropout by many women and girls, in particular in the North-East region owing to the Boko Haram insurgency (A/HRC/WG.6/31/NGA/2, 27 August 2018, paragraphs 60–62). In this regard, the Committee notes, from the 2018 Statistical Report on Women and Men in Nigeria, published by the National Bureau of Statistics (NBS), that the enrolment rate of school-aged girls in primary education decreased from 48.6 per cent in 2014 to 47.5 per cent in 2016, and the completion rates for girls in primary, junior and senior secondary schools in 2016 were 64.8 per cent, 38.9 per cent and 28.7 per cent respectively. It notes that the literacy rate among girls and women aged between 15 and 24 years remained low at 59.3 per cent in 2016, compared to 70.9 per cent for men. While observing that the report of the NBS does not contain information on the situation of women in the private sector, the Committee notes that women represented only 44.9 per cent of the state civil service’s employees in 2015 and were mostly concentrated in lower grades, their situation being similar in federal ministries, departments and agencies. Noting from the NBS statistical report that women are often disadvantaged in access to employment opportunities and in conditions of work as compared to men and that employment opportunities of many women are also limited as a result of their family responsibilities, the Committee notes with concern, from the 2017 Unemployment/Under Employment Report of the NBS, that the number of employed women decreased from 2017 to 2018 while their unemployment rate increased by 5.4 percentage points. The Committee notes that, in its concluding observations, the HRC expressed concern about discrimination against women in access to justice, education, employment and enjoyment of land and property rights persists both in law and in practice (CCPR/C/NGA/CO/2, 29 August 2019, paragraph 16). It also notes that, in its concluding observations, the CEDAW was concerned about the persistence of harmful practices and discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, which perpetuate women’s subordination in the private and public spheres (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 21). The Committee notes that the Human Rights Council, in the context of the UPR, specifically recommended that the Government: (i) strengthen educational opportunities for girls; (ii) continue efforts to facilitate women’s economic empowerment and access to economic opportunities, particularly in rural areas; (iii) prevent violence and discrimination against women; and (iv) intensify efforts to enable women to gain access to justice by increasing gender awareness among judges and other court personnel (A/HRC/40/7, 26 December 2018, paragraph 148). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further urges the Government to provide information on the measures taken, including in the framework of the revision of the National Gender Policy of 2006, to improve equality of opportunity and treatment for men and women in employment and occupation, in particular in rural areas, by effectively enhancing women’s economic empowerment and access to education and employment, including decision-making positions, as well as by improving the school attendance rate for women and girls while reducing their early dropout from school. The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Discrimination based on race, colour, religion, national extraction or social origin. Ethnic and religious minorities. The Committee previously noted that article 42(1)(a) of the Constitution – which provides that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject – only protects citizens and does not contain an explicit prohibition of discrimination in employment and occupation. Having noted that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly requested the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. It notes with regret that the Government once again provides no information on this point, nor regarding discrimination in employment and occupation resulting from the practice of ascribing certain occupations and social status to a person on the basis of that person’s descent. The Committee notes with concern that, in its concluding observations, the HRC was concerned about: (i) allegations of discrimination against religious minorities, including discrimination against Christians in the northern states in terms of access to education and employment; as well as (ii) reports of discrimination against certain ethnic minorities in various aspects of their lives, including access to education and employment due to the differential access of indigenous persons and settlers, and segregation from society of some groups such as the Osu (CCPR/C/NGA/CO/2, 29 August 2019, paragraphs 44 and 50). In light of the absence of national legislation explicitly prohibiting direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, the Committee urges the Government to provide information on any measures taken, in law and in practice, to address discrimination in employment and occupation faced by ethnic and religious minorities, including nomadic groups and Christians in the northern states. It asks the Government to provide information on any affirmative action and awareness-raising measures undertaken to promote equality of opportunity and treatment in employment and occupation for ethnic and religious minorities, as well as on any legislative developments relevant to the rights of minorities.

General Observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

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Article 1(1)(a) of the Convention. Discrimination based on sex. Maternity. With reference to its previous comments, the Committee notes once again that the Government provides no information on the specific measures taken to address discriminatory practices against women based on maternity and marital status in the workplace, nor on the number and nature of any cases of discriminatory practices based on these grounds addressed by the competent authorities. The Committee urges the Government to indicate the measures taken in collaboration with workers’ and employers’ organizations to address discriminatory practices based on maternity and marital status in the workplace, including information on the number and nature of the cases identified and addressed by the competent authorities, and particularly by labour inspectors, the sanctions imposed and remedies granted.

Articles 1(1)(b) and 2. Additional Grounds. HIV and AIDS. The Committee notes the Government’s indication that a review of the National Workplace Policy on HIV/AIDS is being conducted to reflect the HIV and AIDS Recommendation, 2010 (No. 200), and that HIV/AIDS matters have also been included in the Occupational Safety and Health checklist. It further notes that the Association for Reproductive and Family Health (ARFH) organizes awareness-raising events on the issue. The Committee requests the Government to provide copies of the revised National Workplace Policy on HIV/AIDS once it has been finalized, the Occupational Safety and Health checklist, as well as information on any other practical measures taken or envisaged, including awareness raising, to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status. Please also provide information on the application in practice of the HIV/AIDS (Anti-Discrimination) Act of 2014, including any complaints related to non-compliance of this Act as well as any sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity between men and women. The Committee notes the materials submitted by the Government on the Community Services, Women and Youths Employment (CSWYE) project, which provides temporary employment opportunities in cleaning and light construction work through community services to unemployed women, youth, and persons with disabilities. It notes that while the project does not provide vocational training except to a limited number of participants, it provides a level of guaranteed income for up to one year that enables participants to develop skills relevant to the community context, and encourages the establishment of micro-enterprises; and that at least 30 per cent of participants were women. The Committee notes, however, that no further information has been provided on training activities by the National Directorate for Employment (NDE) and the Technical Vocational Education Training (TVET) programme for rural women and women with disabilities, as requested by the Committee. The Committee notes from the Government’s fifth periodic country report of June 2014 on the Implementation of the African Charter on Human and Peoples’ Rights in Nigeria that the National Centre for Women Development was planning to re-activate women development centres across the country, which would provide vocational training to women, especially in the rural areas, and that the National Gender Policy of 2006 was being reviewed (page 130). The Committee further notes that the first session of the eighth Parliament reviewed the Gender and Equal Opportunities Bill of 2016, which provides comprehensive protection against discrimination based on sex, age and disability, promotes gender equality, and provides for special temporary measures, including in employment and occupation. The Committee requests the Government to provide information on the progress made in the adoption of the Gender and Equal Opportunities Bill of 2016 and the revision of the National Gender Policy of 2006, and to provide copies of the most recent versions of these documents. It further requests the Government to provide specific examples of any training conducted by the Women Development Centres, the TVET programme and the National Directorate for Employment, including statistical information, disaggregated by sex, on the number of participants in various training courses and the results achieved. Please also provide information on results achieved through the measures taken by the Federal Character Commission, the Federal Civil Service Commission, the Federal Ministry of Women Affairs and Social Development, and the National Centre for Women Development, in collaboration with workers’ and employers’ organizations, to promote equal opportunities for men and women in employment and occupation, including specific examples and statistical information on the results obtained.

Article 3(d). Public employment. Noting with regret that the Government’s report once again does not contain a reply to its previous requests concerning public employment, the Committee urges the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all Government appointments. The Committee urges the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

Articles 2 and 3. Equality of opportunity in respect of race, colour, national extraction or social origin. Having noted that Nigeria is an ethnically and linguistically diverse society, the Committee has repeatedly requested the Government to provide information on the application of the Convention with respect to the different ethnic and religious groups in the country. The Committee therefore notes with regret that the Government once again provides no further information on this point, nor regarding discrimination in employment and occupation resulting from the practice of ascribing certain occupations and social status to a person on the basis of that person’s descent. The Committee further notes the report of the United Nations Special Rapporteur on Minority Issues on her visit to Nigeria in February 2014 (A/HRC/28/64/Add.2, 5 January 2015), according to which minority women and girls in the Plateau and Kaduna States are particularly affected by low socio-economic status and insecurity (paragraph 29), and the Ogoni and Ikwerre communities have lost access to their primary sources of economic livelihood when their fishing grounds were destroyed due to oil spills (paragraphs 55 and 86). The Committee urges the Government to provide detailed information on measures taken to promote equality of opportunity and treatment in employment and occupation for ethnic groups which face disadvantage and discrimination, including nomadic groups.

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Articles 1 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. For many years, the Committee has been drawing attention to the discriminatory nature of sections 118–128 of the Nigeria Police Regulations, which provide for special recruitment requirements and conditions of service applying to women. Specifically, it had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and that sections 121, 122 and 123 on duties that women police officers could perform were likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police were likely to constitute indirect discrimination against women. Accordingly, the Committee has urged the Government to bring its legislation in conformity with the Convention. The Committee notes the Government’s very general reply that the police hierarchy has little room to address the concerns of the Committee without breaching the Police Act of 1967, and that the Federal Character Commission (responsible for fairness and equity in the distribution of public posts) has therefore addressed this issue through advocacy. Recalling once again that each member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee urges the Government to bring the Nigeria Police Regulations of 1968 into conformity with the Convention without delay, and to indicate the measures taken to this end.

The Committee notes from the Government’s periodic report to the United Nations Committee on the Elimination of Discrimination against Women that the Government has developed a Gender Policy for the Nigerian Police (CEDAW/C/NGA/7-8, 11 January 2016, paragraph 3.10). While welcoming this initiative, the Committee emphasizes that Article 3(d) of the Convention requires Governments to ensure the observance of the national equality policy in employment under the direct control of a national authority, including the police, and recalls that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (2012 General Survey on the fundamental Conventions, paragraph 788). The Committee requests the Government to provide a copy of the Gender Policy for the Nigerian Police, as well as specific information on its implementation and impact, including any measures to address stereotypes and negative prejudices about the role of men and women in the labour market.

Articles 1 and 2. Legislation. The Committee notes that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2008, which would include provisions on equality of opportunity and treatment, is yet to be adopted. The Committee firmly hopes that real progress will be made in adopting legislation that is in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention, and any other appropriate grounds as envisaged under Article 1(1)(b). In this context, the Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, and requests the Government to provide information on any progress made in this regard.

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

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Legislation. The Committee notes the Government’s repeated indication that the Labour Standards Bill of 2008 has not yet been adopted. The Committee repeats its request to the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Articles 1 and 2 of the Convention. The Committee notes with interest the adoption in 2014 of the HIV and AIDs (Anti-Discrimination) Act which contains provisions eliminating all forms of discrimination based on HIV status in the workplace, for which the ILO provided technical support based on the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide more information on the measures taken or envisaged to implement this new legislation to ensure the prohibition of direct and indirect discrimination in employment and occupation, including in respect of recruitment, on the basis of real or perceived HIV and AIDS status, as envisaged in Recommendation No. 200.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes the Government’s indication that the Federal Character Commission (responsible for fairness and equity in the distribution of public posts), the Federal Civil Service Commission and the Federal Ministry of Women Affairs and Social Development promote equal access of men and women to employment and occupation. The Committee also notes the Government’s indication that the National Directorate of Employment (NDE) and the Technical Vocational Education Training (TVET) provide vocational training to rural women, and that quotas for rural women with disabilities have been established to promote their participation. It also notes that the Government mentions the Community Service, Women and Youth Employment Project (CSWYE) which targets unskilled women in rural areas. The Committee requests more concrete information on the measures taken by the Federal Character Commission, the Federal Civil Service Commission and the Federal Ministry of Women Affairs and Social Development to promote equal access of men and women to employment and occupation, including specific examples and statistical information on the results obtained. It also requests specific examples of the training conducted by the NDE, TVET and the CSWYE, including copies of training materials and statistical information on participants disaggregated by gender and results achieved, and the number of persons employed.

The Committee notes the Government’s indication that section 54(1) of the Labour Act of 1990 addresses the issue of discriminatory practices against women based on maternity and marital status, and that married and unmarried women have equal opportunities for employment in both the public and private sectors. It notes, however, that the Government does not provide information on concrete measures that implement such legislative provisions, nor does the Government provide information on the number and nature of cases of discriminatory practices against women based on maternity and marital status. The Committee is aware that discriminatory practices linked to pregnancy and maternity continue to exist worldwide and that they have been particularly linked to dismissals and the refusal of re-employment on returning to work following maternity leave. The Committee therefore once again requests the Government to indicate the measures taken to implement section 54(1) of the Labour Act, including information on the number and nature of the cases identified and addressed by the competent authorities, and particularly by labour inspectors.

The Committee notes that the Government provides no concrete information in reply to the Committee’s comments concerning discrimination in employment and occupation resulting from practices ascribing certain occupations and social status on the basis of a person’s descent. The Committee urges the Government to indicate whether it has taken measures to promote equality of opportunity and treatment in employment and occupation for ethnic groups which face disadvantage and discrimination, including nomadic groups.

Article 3(a). Cooperation of employers’ and workers’ organizations. Noting that since 2005 the Committee has been requesting information on the role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination, it once again requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

Article 3(d). Public employment. The Committee notes that the Government has not replied to its comments concerning public employment. The Committee once again requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all Government appointments. The Committee also once again requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

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The Committee notes with deep regret that the Government does not address the Committee’s previous Observation in its report. It must therefore repeat its previous observation, which reads as follows:

Repetition

Article 1 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

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

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

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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 comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that the Labour Standard Bill has not yet been adopted. The Committee asks the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee requests the Government to provide:

• (i) detailed information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training, including in the context of the National Gender Policy of 2006;
• (ii) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (iii) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee also requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent. The Committee asks the Government to take steps to combat such practices, including through awareness raising. The Committee also requests the Government to take steps to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in earlier comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

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

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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:

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that the Labour Standard Bill has not yet been adopted. The Committee asks the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the objectives of the National Gender Policy of 2006 include achieving a minimum threshold of representation for women in order to promote equal opportunity in all areas of political, social and economic life for women and men, and undertaking gender-specific projects as a means of developing the capabilities of both women and men, to enable them to take advantage of economic and political opportunities towards the achievement of gender equality and women’s empowerment. The Committee requests the Government to provide:

• (i) detailed information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training, including in the context of the National Gender Policy of 2006;
• (ii) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (iii) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee also requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent. The Committee asks the Government to take steps to combat such practices, including through awareness raising. The Committee also requests the Government to take steps to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in earlier comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

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

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

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

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

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Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that the Labour Standard Bill has not yet been adopted. The Committee asks the Government to ensure that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the objectives of the National Gender Policy of 2006 include achieving a minimum threshold of representation for women in order to promote equal opportunity in all areas of political, social and economic life for women and men, and undertaking gender-specific projects as a means of developing the capabilities of both women and men, to enable them to take advantage of economic and political opportunities towards the achievement of gender equality and women’s empowerment. The Committee requests the Government to provide:

• (i) detailed information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training, including in the context of the National Gender Policy of 2006;
• (ii) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (iii) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee also requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of employers’ and workers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent. The Committee asks the Government to take steps to combat such practices, including through awareness raising. The Committee also requests the Government to take steps to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in earlier comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management positions within these bodies.

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Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously noted that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The Committee had noted that the criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination, and sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2) of the Convention. The Committee also noted that legal provisions establishing common height for admission to the police are likely to constitute indirect discrimination against women. The Committee recalls that women should have the right to pursue freely any job or profession and the Committee points out that exclusions or preferences in respect of a particular job in the context of Article 1(2) of the Convention, should be determined objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (General Survey on fundamental Conventions, 2012, paragraph 788). Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end. The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force.

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

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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:

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the Government’s indication that new labour legislation had been prepared which also includes provisions on equality of opportunity and treatment. The Committee trusts that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the report contains no information regarding the National Gender Policy which, the Committee hoped would set out clear objectives with regard to the promotion of gender equality in employment and occupation and envisage concrete measures to this end. The Committee requests the Government to provide:

• (a) a copy of the National Gender Policy, as well as full information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training;
• (b) information on the measures taken to promote the access of rural women to training, employment and occupation;
• (c) statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern over discriminatory practices in the private sector, particularly in the banking sector, with respect to maternity and marital status (CEDAW, C/NGA/CO/6, 18 July 2008, paragraph 29). The Committee requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of workers’ and employers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s decent. In this regard, the Committee noted the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee reiterates its request to the Government to elaborate on the measures taken to combat such practices, including through awareness raising. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee notes the Government’s indication from the Government’s report that at the end of 2004 women amounted to 29.5 per cent of persons in the Federal Civil Service. Within the Ministry of Justice, women only represented 18.7 per cent. The data provided appears to suggest that women are overrepresented in administrative and clerical work. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in its previous comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management position within these bodies.

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

Repetition

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously considered that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The provisions in question provide the following:

• – Section 118 excludes women who are pregnant or married from being eligible for seeking for enlistment in the police force. It also provides for a minimum age for enlistment of 19 years, while men can apply as of 17 years (section 72(2)(b)). The minimum height requirement of 1.67 metres applies to men and women.
• – Section 119 provides that a specified form shall be used for the fingerprinting of women candidates and that the medical examination of women candidates shall take place at the Police College immediately prior to enlistment.
• – Section 120 provides that women candidates shall be interviewed in the presence of a woman police officer and that interviewing officers shall bring to the attention of the women candidates the provisions of these Police Regulations governing the duties of women police, and the miscellaneous conditions of service attaching to women police (as laid down in sections 123–128).
• – Section 121 lists the duties that women police officers are permitted to perform, such as investigation of sexual offences against women and children, attendance when women and children are being interviewed by male police officers, searching, escorting and guarding women prisoners; school crossing duties; and crowd control, where women and children are present.
• – Section 122 provides that women police officers may, in order to relieve male police officers from these duties, be employed in clerical duties, telephone duties and “office orderly duties”.
• – Section 123 provides that women police officers shall not be called upon to drill under arms or take part in any baton or riot exercise.
• – Section 124 requires women police officers wishing to marry to make a written request for permission to the police commissioner, providing the name, address and occupation of the person she intends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.
• – Section 125 provides that a married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.
• – Section 126 provides that a married woman police officer who is pregnant may be granted maternity leave, while section 127 provides that an unmarried women police officer who becomes pregnant shall be discharged from the force.
• – Section 128 regulates the wearing of make-up as well as jewellery and hairstyles.

In its report, the Government expresses the view that sections 118–128 are not discriminatory. The Committee recalls that the Convention defines as discriminatory any distinction, exclusion or preference made on the basis of sex or other prohibited grounds which have the effect of nullifying and impairing equality of opportunity in employment and occupation. The Committee considers that sections 118–128, taken together, reflect an outdated and gender-biased approach as regards the role of women in general, and as members of the police force, in particular. The criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination. As regards the limitation of the duties that women police officers are permitted to perform, the Committee recalls that Article 1(2) provides that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof is not deemed to be discrimination. Whether or not a distinction is based on inherent job requirements and is thus acceptable has to be determined on an objective basis, free from gender bias. The Committee considers that sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2). A common height requirement for men and women is also likely to constitute indirect discrimination against women.

Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end in its next report.

The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force. It encourages the Government to have regard to the guidance concerning equality issues set out in the Guidelines on social dialogue in public emergency services in a changing environment, adopted by the ILO Joint Meeting on Public Emergency Services: Social Dialogue in a Changing Environment in January 2003.

Noting that the Government’s report does not reply adequately to most of the Committee’s previous comments, the Committee urges the Government to ensure that full information on all the pending issues is provided in its next report.

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

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

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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:

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the Government’s indication that new labour legislation had been prepared which also includes provisions on equality of opportunity and treatment. The Committee trusts that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the report contains no information regarding the National Gender Policy which, the Committee hoped would set out clear objectives with regard to the promotion of gender equality in employment and occupation and envisage concrete measures to this end. The Committee requests the Government to provide:

(a)   a copy of the National Gender Policy, as well as full information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training;

(b)   information on the measures taken to promote the access of rural women to training, employment and occupation;

(c)    statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern over discriminatory practices in the private sector, particularly in the banking sector, with respect to maternity and marital status (CEDAW, C/NGA/CO/6, 18 July 2008, paragraph 29). The Committee requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of workers’ and employers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s decent. In this regard, the Committee noted the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee reiterates its request to the Government to elaborate on the measures taken to combat such practices, including through awareness raising. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee notes the Government’s indication from the Government’s report that at the end of 2004 women amounted to 29.5 per cent of persons in the Federal Civil Service. Within the Ministry of Justice, women only represented 18.7 per cent. The data provided appears to suggest that women are overrepresented in administrative and clerical work. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in its previous comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management position within these bodies.

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

Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously considered that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The provisions in question provide the following:

–      Section 118 excludes women who are pregnant or married from being eligible for seeking for enlistment in the police force. It also provides for a minimum age for enlistment of 19 years, while men can apply as of 17 years (section 72(2)(b)). The minimum height requirement of 1.67 metres applies to men and women.

–      Section 119 provides that a specified form shall be used for the fingerprinting of women candidates and that the medical examination of women candidates shall take place at the Police College immediately prior to enlistment.

–      Section 120 provides that women candidates shall be interviewed in the presence of a woman police officer and that interviewing officers shall bring to the attention of the women candidates the provisions of these Police Regulations governing the duties of women police, and the miscellaneous conditions of service attaching to women police (as laid down in
section 123–128).

–      Section 121 lists the duties that women police officers are permitted to perform, such as investigation of sexual offences against women and children, attendance when women and children are being interviewed by male police officers, searching, escorting and guarding women prisoners; school crossing duties; and crowd control, where women and children are present.

–      Section 122 provides that women police officers may, in order to relieve male police officers from these duties, be employed in clerical duties, telephone duties and “office orderly duties”.

–      Section 123 provides that women police officers shall not be called upon to drill under arms or take part in any baton or riot exercise.

–      Section 124 requires women police officers wishing to marry to make a written request for permission to the police commissioner, providing the name, address and occupation of the person she intends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.

–      Section 125 provides that a married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.

–      Section 126 provides that a married woman police officer who is pregnant may be granted maternity leave, while section 127 provides that an unmarried women police officer who becomes pregnant shall be discharged from the force.

–      Section 128 regulates the wearing of make-up as well as jewellery and hairstyles.

In its report, the Government expresses the view that sections 118–128 are not discriminatory. The Committee recalls that the Convention defines as discriminatory any distinction, exclusion or preference made on the basis of sex or other prohibited grounds which have the effect of nullifying and impairing equality of opportunity in employment and occupation. The Committee considers that sections 118–128, taken together, reflect an outdated and gender-biased approach as regards the role of women in general, and as members of the police force, in particular. The criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination. As regards the limitation of the duties that women police officers are permitted to perform, the Committee recalls that Article 1(2) provides that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof is not deemed to be discrimination. Whether or not a distinction is based on inherent job requirements and is thus acceptable has to be determined on an objective basis, free from gender bias. The Committee considers that sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2). A common height requirement for men and women is also likely to constitute indirect discrimination against women.

Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end in its next report.

The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force. It encourages the Government to have regard to the guidance concerning equality issues set out in the Guidelines on social dialogue in public emergency services in a changing environment, adopted by the ILO Joint Meeting on Public Emergency Services: Social Dialogue in a Changing Environment in January 2003.

Noting that the Government’s report does not reply adequately to most of the Committee’s previous comments, the Committee urges the Government to ensure that full information on all the pending issues is provided in its next report.

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

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

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Articles 1 and 2 of the Convention. Legislation. The Committee previously noted the Government’s indication that new labour legislation had been prepared which also includes provisions on equality of opportunity and treatment. The Committee trusts that the new legislation will be in accordance with the Convention, prohibiting direct and indirect discrimination in employment and occupation, including in respect of recruitment, on all the grounds listed in Article 1(1)(a) of the Convention and any other appropriate grounds, as envisaged under Article 1(1)(b). The Committee also stresses the importance of enacting provisions to prevent and prohibit sexual harassment in the workplace. The Committee requests the Government to provide information on the progress made in adopting the new labour legislation prohibiting discrimination in employment and occupation, including sexual harassment at work.

Promotion of gender equality and non-discrimination in employment and occupation. The Committee notes that the report contains no information regarding the National Gender Policy which, the Committee hoped would set out clear objectives with regard to the promotion of gender equality in employment and occupation and envisage concrete measures to this end. The Committee requests the Government to provide:

(a)   a copy of the National Gender Policy, as well as full information on the measures taken to promote equal access of men and women to employment and occupation, including vocational training;

(b)   information on the measures taken to promote the access of rural women to training, employment and occupation;

(c)   statistical information on the participation of women and men in the labour market, according to industry, occupation and employment status.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern over discriminatory practices in the private sector, particularly in the banking sector, with respect to maternity and marital status (CEDAW, C/NGA/CO/6, 18 July 2008, paragraph 29). The Committee requests the Government to indicate the measures taken to address discriminatory practices against women based on maternity and marital status, including information on the number and nature of such cases identified and addressed by the competent authorities. In addition, the Committee draws attention to the important role of workers’ and employers’ organizations in promoting respect for gender equality and non-discrimination and requests the Government to indicate any activities carried out in collaboration with these organizations to address discrimination in the workplace.

The Committee notes that the report contains no information in reply to the Committee’s comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s decent. In this regard, the Committee noted the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee reiterates its request to the Government to elaborate on the measures taken to combat such practices, including through awareness raising. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that face disadvantage and discrimination, including nomadic groups.

Article 3(d). Public employment. The Committee notes the Government’s indication from the Government’s report that at the end of 2004 women amounted to 29.5 per cent of persons in the Federal Civil Service. Within the Ministry of Justice, women only represented 18.7 per cent. The data provided appears to suggest that women are overrepresented in administrative and clerical work. The Committee requests the Government to provide information on the progress made with regard to the legislative amendment proposed by the Federal Character Commissioner concerning the achievement of gender equality in all government appointments, to which the Committee referred in its previous comments. The Committee also requests the Government to provide detailed and updated statistical information on the participation of women and men employed in the different ministries and other government agencies, including information on the number of men and women holding management position within these bodies.

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Articles 1, 2 and 3 of the Convention. Discrimination based on sex with regard to employment in the police force. The Committee previously considered that sections 118–128 of the Nigeria Police Regulations, which provide special recruitment requirements and conditions of service applying to women, are discriminatory on the basis of sex and thus incompatible with the Convention. Accordingly, the Committee urged the Government to bring the legislation into conformity with the Convention. The provisions in question provide the following:

–      Section 118 excludes women who are pregnant or married from being eligible for seeking for enlistment in the police force. It also provides for a minimum age for enlistment of 19 years, while men can apply as of 17 years (section 72(2)(b)). The minimum height requirement of 1.67 metres applies to men and women.

–      Section 119 provides that a specified form shall be used for the fingerprinting of women candidates and that the medical examination of women candidates shall take place at the Police College immediately prior to enlistment.

–      Section 120 provides that women candidates shall be interviewed in the presence of a woman police officer and that interviewing officers shall bring to the attention of the women candidates the provisions of these Police Regulations governing the duties of women police, and the miscellaneous conditions of service attaching to women police (as laid down in
section 123–128).

–      Section 121 lists the duties that women police officers are permitted to perform, such as investigation of sexual offences against women and children, attendance when women and children are being interviewed by male police officers, searching, escorting and guarding women prisoners; school crossing duties; and crowd control, where women and children are present.

–      Section 122 provides that women police officers may, in order to relieve male police officers from these duties, be employed in clerical duties, telephone duties and “office orderly duties”.

–      Section 123 provides that women police officers shall not be called upon to drill under arms or take part in any baton or riot exercise.

–      Section 124 requires women police officers wishing to marry to make a written request for permission to the police commissioner, providing the name, address and occupation of the person she intends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.

–      Section 125 provides that a married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.

–      Section 126 provides that a married woman police officer who is pregnant may be granted maternity leave, while section 127 provides that an unmarried women police officer who becomes pregnant shall be discharged from the force.

–      Section 128 regulates the wearing of make-up as well as jewellery and hairstyles.

In its report, the Government expresses the view that sections 118 to 128 are not discriminatory. The Committee recalls that the Convention defines as discriminatory any distinction, exclusion or preference made on the basis of sex or other prohibited grounds which have the effect of nullifying and impairing equality of opportunity in employment and occupation. The Committee considers that sections 118 to 128, taken together, reflect an outdated and gender-biased approach as regards the role of women in general, and as members of the police force, in particular. The criteria and provisions relating to pregnancy and marital status contained in sections 118, 124 and 127 constitute direct discrimination. As regards the limitation of the duties that women police officers are permitted to perform, the Committee recalls that Article 1(2) provides that any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof is not deemed to be discrimination. Whether or not a distinction is based on inherent job requirements and is thus acceptable has to be determined on an objective basis, free from gender bias. The Committee considers that sections 121, 122 and 123 are likely to go beyond what is permitted under Article 1(2). A common height requirement for men and women is also likely to constitute indirect discrimination against women.

Recalling that each Member for which this Convention is in force, in accordance with Article 3(c), is under the obligation to repeal any statutory provisions which are contrary to equality of opportunity and treatment, the Committee once again urges the Government to bring the legislation into conformity with the Convention, and to indicate the measures taken to this end in its next report.

The Committee trusts that the Government, in collaboration with workers’ and employers’ organizations, will take the necessary measures to ensure equality of opportunity and treatment of women in the police force. It encourages the Government to have regard to the guidance concerning equality issues set out in the Guidelines on social dialogue in public emergency services in a changing environment, adopted by the ILO Joint Meeting on Public Emergency Services: Social Dialogue in a Changing Environment in January 2003.

Noting that the Government’s report does not reply adequately to most of the Committee’s previous comments, the Committee urges the Government to ensure that full information on all the pending issues is provided in its next report.

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

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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. Article 1 of the Convention. Legislative developments. The Committee notes that a Labour Standards Bill has been prepared which, according to the Government, includes provisions on equality of opportunity and treatment. The Committee trusts that the new labour legislation will be in accordance with the Convention, prohibiting discrimination on all grounds listed in Article 1(1)(a) and in respect of all aspects of employment, including recruitment. The Committee requests the Government to continue to provide information on the progress made in enacting the new legislation and to provide it for examination by the Committee as soon as it is adopted. It also requests the Government to continue to provide information on the status of the Bill concerning the Convention on the Elimination of all Forms of Discrimination against Women (“CEDAW Bill”) currently before the National Assembly, as well as the legislative amendment proposed by the Federal Character Commission concerning the achievement of gender equality in all government appointments.

2. Application of section 42(3) of the Constitution. The Committee reiterates its request to the Government to indicate any laws or regulations that impose restrictions with regard to appointments as referred to in section 42(3) of the Constitution, and to provide copies of the relevant texts in its next report.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the CEDAW Bill will help to promote equal access of men and women to vocational training as well as to promote gender equality in both the formal and informal sectors of the economy. The Federal Ministry of Women Affairs is working on a new National Gender Policy that will replace the National Policy on Women. The Committee hopes that the National Gender Policy will set out clear objectives with regard to promoting women’s equality in employment and occupation, provide for concrete measures to address the existing inequalities and identify the authorities and bodies responsible for their implementation. It requests the Government to provide a copy of the National Gender Policy as soon as it is finalized. The Committee further requests the Government to provide statistical information on the participation of men and women in the labour market and in vocational training.

4. Equality of opportunity and treatment irrespective of race, colour, religion and social origin. The Committee notes the Government’s indication that the Labour Standards Bill covers discrimination on the grounds of race, colour, religion and social origin. It requests the Government to provide information on any measures taken or envisaged to promote equal employment opportunities, in the private and public sectors, for members of all ethnic and religious groups. Recalling its previous comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent, the Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination in its Concluding Observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee therefore requests the Government to elaborate on the measures taken to combat such practices, including through awareness raising.

5. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee would appreciate receiving information on whether the Government and the social partners have been carrying out any promotional activities or campaigns on equality at work, as well as information on any other initiatives to strengthen the application of the Convention through cooperation with workers’ and employers’ organizations.

6. Article 3(c). Repeal of provisions incompatible with the Convention. The Committee notes that a reform of the Police Act and Regulation is ongoing. Recalling its previous comments to the effect that sections 118–128 of the Nigeria Police Regulations are discriminatory on the basis of sex and thus incompatible with the Convention, the Committee urges the Government to bring the legislation into conformity with the Convention and to indicate in its next report the specific measures taken in this regard.

7. Article 3(d). Application of the Convention in public employment. The Committee notes the Government’s indication that the Labour Standards Bill’s provisions concerning discrimination will cover public sector employment. It once again requests the Government to explain the manner in which it is ensured that men and women in public employment, including in the civil service, receive benefits and allowances on an equal footing and to indicate any progress made in promoting women’s access to public employment in all sectors, occupations and levels of responsibility.

8. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee reiterates its request to the Government to provide information on any legislative or administrative measures that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict those persons’ access to employment and occupation.

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1. Article 1 of the Convention. Legislative developments. The Committee notes that a Labour Standards Bill has been prepared which, according to the Government, includes provisions on equality of opportunity and treatment. The Committee trusts that the new labour legislation will be in accordance with the Convention, prohibiting discrimination on all grounds listed in Article 1(1)(a) and in respect of all aspects of employment, including recruitment. The Committee requests the Government to continue to provide information on the progress made in enacting the new legislation and to provide it for examination by the Committee as soon as it is adopted. It also requests the Government to continue to provide information on the status of the Bill concerning the Convention on the Elimination of all Forms of Discrimination against Women (“CEDAW Bill”) currently before the National Assembly, as well as the legislative amendment proposed by the Federal Character Commission concerning the achievement of gender equality in all government appointments.

2. Application of section 42(3) of the Constitution. The Committee reiterates its request to the Government to indicate any laws or regulations that impose restrictions with regard to appointments as referred to in section 42(3) of the Constitution, and to provide copies of the relevant texts in its next report.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the CEDAW Bill will help to promote equal access of men and women to vocational training as well as to promote gender equality in both the formal and informal sectors of the economy. The Federal Ministry of Women Affairs is working on a new National Gender Policy that will replace the National Policy on Women. The Committee hopes that the National Gender Policy will set out clear objectives with regard to promoting women’s equality in employment and occupation, provide for concrete measures to address the existing inequalities and identify the authorities and bodies responsible for their implementation. It requests the Government to provide a copy of the National Gender Policy as soon as it is finalized. The Committee further requests the Government to provide statistical information on the participation of men and women in the labour market and in vocational training.

4. Equality of opportunity and treatment irrespective of race, colour, religion and social origin. The Committee notes the Government’s indication that the Labour Standards Bill covers discrimination on the grounds of race, colour, religion and social origin. It requests the Government to provide information on any measures taken or envisaged to promote equal employment opportunities, in the private and public sectors, for members of all ethnic and religious groups. Recalling its previous comments concerning discrimination in employment and occupation that results from practices that ascribe certain occupations and social status on the basis of a person’s descent, the Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination in its Concluding Observations of 19 August 2005 (CERD/C/NGA/CO/18, paragraph 15) over persistent allegations that members of the Osu and other similar communities are still subject to discriminatory treatment, including in employment. The Committee therefore requests the Government to elaborate on the measures taken to combat such practices, including through awareness raising.

5. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee would appreciate receiving information on whether the Government and the social partners have been carrying out any promotional activities or campaigns on equality at work, as well as information on any other initiatives to strengthen the application of the Convention through cooperation with workers’ and employers’ organizations.

6. Article 3(c). Repeal of provisions incompatible with the Convention. The Committee notes that a reform of the Police Act and Regulation is ongoing. Recalling its previous comments to the effect that sections 118-128 of the Nigeria Police Regulations are discriminatory on the basis of sex and thus incompatible with the Convention, the Committee urges the Government to bring the legislation into conformity with the Convention and to indicate in its next report the specific measures taken in this regard.

7. Article 3(d). Application of the Convention in public employment. The Committee notes the Government’s indication that the Labour Standards Bill’s provisions concerning discrimination will cover public sector employment. It once again requests the Government to explain the manner in which it is ensured that men and women in public employment, including in the civil service, receive benefits and allowances on an equal footing and to indicate any progress made in promoting women’s access to public employment in all sectors, occupations and levels of responsibility.

8. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee reiterates its request to the Government to provide information on any legislative or administrative measures that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict those persons’ access to employment and occupation.

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The Committee notes the Government’s first report on the application of the Convention and requests it to provide further information on the following matters.

1. Article 1 of the Convention. Application of the Convention in law. The Committee notes that, under section 42(1)(a) of the Constitution of the Federal Republic of Nigeria, a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject. The Committee notes that this provision only protects citizens. Noting that the legislation presently in force does not contain an explicit prohibition of discrimination in employment and occupation, the Committee hopes that the draft laws recently prepared in the course of a labour law review process will be enacted soon and would contain a legal prohibition of discrimination protecting all persons from unequal treatment in employment and occupation in accordance with the Convention.

2. Under section 42(3) of the Constitution, nothing in section 42(1) "shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigerian police forces or to an office in the service of a body corporate established directly by any law in force in Nigeria". The Committee requests the Government to indicate any laws or regulations which impose restrictions with regard to appointments as referred to in section 42(3), and to provide copies of the relevant texts.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that the National Employment Policy and the National Policy on Women contain strategies to promote the equal participation of men and women in the labour market through awareness raising, skills development, affirmative action and other measures. It also notes the Government’s acknowledgement that Nigerian women are not yet enjoying equal rights in the labour market which it sees as a consequence of their lower levels of educational attainment and gender bias regarding the role of men and women in employment and society (combined fourth and fifth periodic report under the Convention on the Elimination of all Forms of Discrimination against Women, CEDAW/NGA/4-5, 28 April 2003, pages 39-42). The Committee also notes that the Committee on the Elimination of Discrimination against Women expressed concern about the persistence of discriminatory legislation, administrative provisions and practices in the labour market, as well as women’s higher unemployment rates and the lack of social protection for women in the private sector (concluding comments, A/59/38, paragraph 305). The Committee requests the Government to provide information on:

(a)  progress made in reviewing legislation in order to eliminate provisions constituting discrimination on the basis of sex, as envisaged under the National Policy on Women;

(b)  concrete measures taken to eliminate sex discriminatory employment practices in the private and public sector, including sexual harassment;

(c)  measures taken to promote the equal access of men and women to vocational training and other forms of skills development, including statistical information on the participation of men and women in the various types of training;

(d)  further information on any affirmative action undertaken to ensure equality of opportunity and treatment in employment and occupation of men and women, including its impact;

(e)  any other activities undertaken and results achieved with regard to gender equality in formal sector employment and the informal economy, as provided for under the National Employment Policy and the National Policy on Women.

4. Equality of opportunity and treatment on the basis of race, colour, religion and social origin. Noting that Nigeria is a country of ethnic and religious diversity and that, under the National Employment Policy, the Government is to "implement special schemes to address the peculiar situation of the disadvantaged ethnic groups" (paragraph 195), the Committee requests the Government to provide, in its next report, detailed information on the application of the Convention with regard to the grounds of race, colour and religion. The Government is also requested to provide information on any measures taken to address practices that may exist within some communities, ascribing certain occupations and social status on the basis of a person’s descent which constitute or may result in discrimination in employment and occupation on the basis of social origin.

5. Equality of opportunity and treatment of persons with disabilities. The Committee notes that a new national policy on persons with disabilities is under preparation and that a new Act on persons with disabilities was awaiting presidential approval. The Committee would appreciate receiving information on the promotion of equality of opportunity and treatment in employment of persons with disabilities also in the Government’s future reports.

6. Article 3(a). Cooperation with employers’ and workers’ organizations and appropriate bodies. The Committee requests the Government to provide information on the concrete activities undertaken in cooperation with social partners and other appropriate bodies to promote the observance of the national policy on equality of opportunity and treatment in employment and occupation, including action taken by the National Labour Advisory Council.

7. Article 3(c). Repeal of provisions incompatible with the Convention. The Committee notes that the Nigeria Police Regulations, Laws of the Federation of Nigeria 1990, Chapter 359, contain provisions concerning the enlistment, duties and conditions of service of women police (sections 118-128) which are discriminatory on the basis of sex and thus incompatible with the Convention. Noting from the Government’s recent CEDAW report that these provisions appear to be still in force (CEDAW/C/NGA/4-5, page 14), the Committee urges the Government to repeal these provisions as a matter of urgency and to provide information on the measures taken to that end in its next report.

8. Article 3(d). Application of the Convention in respect to employment under the direct control of a national authority. The Committee notes from the Government’s report that the Guidelines for Appointments, Promotion and Discipline issued by the Federal Civil Service Commission in 1998 and the collective agreements of public sector companies apply to all persons without distinction. The Government is requested to provide further information on any measures to promote actively equality of opportunity and treatment irrespective of sex, ethnic background, religion or any other ground covered by the Convention in the civil service at the federal and state levels, and in public sector enterprises. Please explain the manner in which it is ensured that men and women in public employment, including the civil service, receive benefits and allowances on an equal footing and indicate any progress made in promoting women’s access to public employment in all sectors, occupations and levels of responsibility.

9. Article 4 Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict those persons’ access to employment and occupation.