Forced Labour Convention, 1930 (No. 29) - Nigeria (RATIFICATION: 1960)

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Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to legislative provisions imposing restrictions on certain persons to resign (such as army officers, police officers or navy personnel). It noted the Government’s information that regulations governing the conditions of resignation for officers in the armed forces and the Police include the Harmonized Terms and Conditions of Services of the Armed Forces, and the Police Act, Cap. 359 and that a Committee had been set up to review the relevant provisions of these texts.

The Government indicates in its report that the Police Act was amended in 2020. According to section 127 of the Police Act of 2020, a traffic warden appointed under this Act may at any time submit a notice in writing to any senior police officer, of his intention to resign on a date mentioned in the notice which is not less than 28 days later than the date of submission of the notice. The Committee takes due note of section 127 of the Police Act of 2020 but observes that it refers only to traffic wardens.

The Committee further observes that the Government has not provided any information concerning the provisions under the Harmonized Terms and Conditions of Services of the Armed Forces that relate to the conditions of resignation for officers of the armed forces. The Committee once again recalls that career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see 2012 General Survey on the fundamental Conventions, paragraph 290). The Committee therefore once again requests the Government to provide information on the provisions governing the conditions of resignation for officers of the armed forces as well as for officers other than traffic wardens (under the Harmonized Terms and Conditions of Services of the Armed Forces, the Police Act of 2020, or any other relevant legislation). The Committee also requests the Government to provide information on the numbers and circumstances of accepted or refused applications to resign by military personnel and police staff, as well as the reasons for refusal. Lastly, the Committee requests the Government to supply copies of regulations governing resignation of officers in the armed forces, including the Harmonized Terms and Conditions of Services of the Armed Forces, 2017.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In response to its previous comments on the application of effective sanctions to cases of trafficking, the Committee notes the Government’s information in its report that the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) undertook several measures for the effective implementation of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 (Anti-Trafficking Act of 2015). These include: (i) increased efforts to investigate, prosecute and convict perpetrators of trafficking in persons and impose sufficiently stringent sentences involving imprisonment; (ii) facilitation of training for local, state and federal judges on the Anti-Trafficking Act of 2015, especially on the provision prohibiting the issuance of fines in lieu of imprisonment; (iii) proposals for a special court for trafficking in persons cases; and (iv) enactment of the Trafficking in Persons (Control of Activities of Organisations and Centres) Regulations, 2019. The Government also indicates that the Anti-Trafficking Act of 2015 is undergoing review to establish stiffer penalties for offences related to trafficking in persons.

The Committee notes that according to the data collected by the NAPTIP from 2018 to 2021, there were a total of 901 cases related to trafficking in persons for purposes of labour or sexual exploitation, and a total of 3,485 victims were rescued. It also notes the detailed information provided by the Government on the legal proceedings and convictions for trafficking-related offences under the Anti-Trafficking Act of 2015. Accordingly, from 2013 to 2021 there were 492 convictions registered. Among the 10 convictions handed down from January to March 2021, the Committee observes that in three cases offenders were sentenced to imprisonment ranging from five to seven years with an option of fines. In this regard, the Committee notes that the United Nations Special Rapporteur for trafficking in persons, especially women and children, in her end of visit statement of September 2018 stated that considering the magnitude of the phenomenon in the country, investigations and prosecutions need serious and robust improvement.

The Committee once again emphasizes the importance that appropriate criminal penalties be imposed on perpetrators andrecalls that when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to continue to take the necessary measures to ensure that all cases of trafficking are subject to thorough investigations and that sufficiently dissuasive penalties of imprisonment are imposed on persons who engage in trafficking. The Committee further requests the Government to continue providing information on the activities of the NAPTIP aimed at strengthening the capacities of law enforcement bodies in this regard. The Committee also requests the Government to provide statistical data on cases of trafficking for purposes labour or sexual exploitation, as well as information on the investigations carried out, the outcome of the legal proceedings instituted and the penalties imposed on perpetrators according to the Anti-Trafficking Act, 2015.

2. Plan of action. The Committee notes from the Government’s report that the NAPTIP approved the national action plan (NAP) on trafficking in persons (2022–26). The Committee notes that this national action plan is based on the five critical pillars of action on trafficking in persons, namely: protection and assistance; prevention; research and assessment; prosecution; and partnership and coordination. The strategic goals outlined under each pillar include: (i) to provide age, gender and diversity specific services for the protection of victims of trafficking to meet minimum human rights standards; (ii) to improve public awareness on trafficking in persons and enhance social protection for endemic communities; (iii) to develop and conduct cross-border qualitative research and data management on human trafficking to identify trends, patterns and dimensions of human trafficking at national and international levels; (iv) to establish adequate legal frameworks and policies to address trafficking in persons; and (v) to strengthen partnership and coordination between NAPTIP and other relevant actors both at national and international levels to ensure the effective implementation of the NAP 2022–26. The Committee welcomes this comprehensive NAP and hopes that the Government will continue to take the necessary measures to implement its various components. The Committee requests the Government to provide information on the assessment of the results achieved, the challenges faced and the measures envisaged to overcome them.

3. Protection and assistance for victims. The Committee previously noted the protection and services provided to victims of trafficking including through the establishment of a Trust Fund for the benefit of victims and shelters operated by NAPTIP. It notes the Government’s information that NAPTIP is currently operating 13 shelters with capacity for over 300 beds. These shelters are equipped to provide safe space and psychosocial support to victims of trafficking. The Government further indicates that a large number of victims have undergone various forms of rehabilitation, formal education programmes and vocational training (three victims of trafficking have been employed by NAPTIP and 17 have graduated from school). The Government indicates that the measures for identification of victims of trafficking are embedded in the Guidelines on the National Referral Mechanism. According to these Guidelines, several services shall be provided to protect, prevent, rehabilitate and reintegrate victims of trafficking based on their specific individual needs. The Committee encourages the Government to continue its efforts to ensure that appropriate protection and assistance is provided to victims of trafficking for both sexual and labour exploitation. It requests the Government to continue to provide information on the measures taken in this regard, including under the National Referral Mechanism, and on the number of victims who have been identified, benefited from protection and assistance services and received compensation from the Trust Fund. In light of the fact that 35 per cent of the cases of trafficking consist of cross-border trafficking cases according to the National Action Plan, the Committee requests the Government to provide information on the measures taken to protect and reintegrate victims who return to Nigeria, as well as on the measures taken to inform Nigerian migrants of the risks of being victims of trafficking.

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

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Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), as well as section 17(10) of the Police Act, Cap. 359 under which restrictions on certain persons to resign may be imposed. The Committee requested the Government to provide information on the application in practice of these provisions pending their amendment.

The Committee notes the Government’s information that, currently, regulations governing the conditions of resignation for officers in the Armed Forces and the Police include the Nigeria Armed Forced Act, Cap. 2006, the Harmonized Terms and Conditions of Services of the Armed Forces, and the Police Act, Cap. 359. The Government indicates that a Committee has been set up to review the relevant provisions in order to bring them in line with the Convention. The Government also states that information on the number and circumstances of accepted and refused applications for resignation by the military or police officers, as well as the reasons for refusal, will be provided to the Committee once received from the Human Resources Unit of the Armed Forces and the Police. In this regard, the Committee once again recalls that career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see 2012 General Survey on the fundamental Conventions, paragraph 290). The Committee therefore expresses its firm hope that the review of the relevant legislation will result in the amendment of the abovementioned provisions in the near future, in order to bring them into conformity with the Convention. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, including the numbers and circumstances of accepted or refused applications to resign by military and police staff, as well as the reasons for refusal. The Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Enforcement and Administration Act in 2015 (hereafter “Anti-Trafficking Act of 2015”), which provides for a detailed list of offences, such as trafficking in persons, forced labour, trafficking in slaves or slave dealing, as well as the penalties that are applied for each offence (sections 15, 16, 22, 24 and 25). The Committee also noted that the Anti-Trafficking Act provides for the establishment of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) under which special departments had been set up, such as the Investigation and Monitoring and the Legal and Prosecution Departments (section 11). Since its inception, the NAPTIP had arrested a number of suspected human traffickers, with convictions of 249 traffickers by the court.

The Committee notes the Government’s information in its report that the NAPTIP continues its collaboration with the civil society and takes actions to ensure the prompt response to distress calls. Moreover, an Anti-Trafficking Unit has been established in the Police Force. The Committee also notes that about 300 convictions of trafficking were handed down, while about 100 cases are still pending in court. It further notes the detailed information provided by the Government on the convictions of trafficking-related offences under the Anti Trafficking Act of 2015. Accordingly, among convictions handed down in 2017 and 2018, in eight cases offenders received penalties of imprisonment with an option of fines. However, the Committee observes that related provisions of the Anti-Trafficking Act of 2015 provide for penalties of imprisonment without an option of fines or together with fines. Similarly, in its concluding observations of 2017, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed its concern that, although the Anti-Trafficking Act of 2015 removed judges’ ability to impose a fine in lieu of a prison sentence for trafficking offences, the courts continue to penalize traffickers with only fines in certain cases (CMW/C/NGA/CO/1, paragraph 55). Referring to paragraph 319 of the 2012 General Survey on the fundamental Conventions, the Committee recalls that, when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to take the necessary measures to ensure that the Anti-Trafficking Act of 2015 is applied so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced in all cases. The Committee also requests the Government to continue providing information on the application in practice of the Anti-Trafficking Act of 2015, indicating the activities of the NAPTIP, the statistical data on cases of trafficking for labour or sexual exploitation, as well as information on the outcome of the legal proceedings that have been instituted and the penalties imposed on perpetrators.

2. Protection and assistance for victims of trafficking in persons. The Committee previously noted the Government’s reference to different measures taken with regard to the protection and assistance for victims of trafficking, such as: (i) the development and adoption of an operational guideline on a national referral mechanism; (ii) the training of officers of the counselling and rehabilitation department in order to professionalize social work in the agency; and (iii) the remodelling and improvement of the NAPTIP Transit Shelters to provide quality service to the victims. A total of 9,738 victims were rescued and rehabilitated during the year. Moreover, the Committee noted the provisions dealing with victims’ rehabilitation facilities, legal and medical assistance, and training facilities under the Anti-Trafficking Act of 2015 (sections 61–68). It noted in particular that under section 67, a Trust Fund for victims of trafficking shall be established to pay compensation, restitution and damages to trafficked persons.

The Committee notes the Government’s information that that Trust Fund has been established. Various services, such as vocational training, counselling and other reintegration activities, are provided to victims. According to the Government’s 2018 report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the total number of trafficking victims who benefited from the rehabilitation programme of the Government from 2015–18 (June) amounts to 2,731. The Committee also notes from the Government’s replies of 2017 to the list of issues related to its periodic reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW) that the eight shelters operated by the NAPTIP provide temporary accommodation to victims for a period of six weeks and that the NAPTIP partners with other privately owned shelters for victims who need a longer stay in order to ensure witness protection, counselling and rehabilitation (CEDAW/C/NGA/Q/7-8/Add.1, paragraphs 53 and 60). The Committee further notes from the 2017 concluding observations of the CMW that there is a lack of information on mechanisms to identify victims, provide support and facilitate their rehabilitation and on the availability of such mechanisms throughout the country (paragraph 55). The Committee therefore requests the Government to strengthen its efforts to ensure that victims of trafficking for purposes of both sexual and labour exploitation are identified and provided with adequate protection and assistance. The Committee also requests the Government to continue providing information on the number of victims who have been identified, who have benefited from protection and assistance services and who have received compensation from the Trust Fund.

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

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National legal framework and penalties. The Committee notes with interest the enactment of the Trafficking in Persons (Prohibition) Enforcement and Administration Act in 2015 which provides for a detailed list of offences, such as trafficking in persons, forced labour, trafficking in slaves or slave dealing, as well as the penalties that are applied for each offence (sections 15, 16, 22, 24, 25). The Committee also notes that the Anti-Trafficking Act provides for the establishment of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) under which special departments have been set up, such as the Investigation and Monitoring and the Legal and Prosecution Departments (section 11). Moreover, the Committee notes the Government’s indication in its report that the NAPTIP has made many arrests of suspected human traffickers since its inception. Moreover, charges have been initiated against suspected human traffickers and successfully prosecuted and the convictions of a total of 249 traffickers have been secured. In this regard, the Committee notes the statistical data annexed to the Government’s report with regard to pending criminal cases instituted by the NAPTIP for the period of 2012–16. The Committee notes that several cases were related to trafficking in persons for forced labour or sexual exploitation, as well as deceitful inducement for forced labour. It also notes that for these cases trials are still ongoing. The Committee requests the Government to continue to provide information on the application in practice of the Trafficking in Persons (Prohibition) Enforcement and Administration Act in 2015, indicating the activities of the NAPTIP, in terms of preventing, suppressing and punishing trafficking in persons. The Committee also requests the Government to continue to provide statistical data on cases of trafficking for labour or sexual exploitation, as well as information on the outcome of the legal proceedings that have been instituted and the penalties imposed on perpetrators.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s reference to different measures taken with regard to the protection and assistance for victims of trafficking, such as: (i) the development and adoption of an operational guideline on a national referral mechanism, which organizes service providers in geographical and service clusters to better protect and assist the victims; (ii) the training of officers of the counselling and rehabilitation department in order to professionalize social work in the agency; and (iii) the remodelling and improvement of the NAPTIP Transit Shelters to provide quality service to the victims. Furthermore, the Government indicates that 78 victims of trafficking were empowered with means of economic independence and a victim of trafficking who had been undergoing rehabilitation by the NAPTIP was admitted into the University. A total of 9,738 victims were rescued and rehabilitated during the year. Moreover, the Committee notes the provisions dealing with victims’ rehabilitation facilities, legal and medical assistance, and training facilities under the 2015 Anti-Trafficking Act (sections 61–68). It notes in particular that under section 67, a Trust Fund for victims of trafficking has been established to pay compensation, restitution and damages to trafficked persons. The Committee encourages the Government to continue to take measures to ensure victims’ protection and assistance. It also requests the Government to indicate whether, in accordance with section 67 of the 2015 Anti-Trafficking Act, the Trust Fund has been established and whether, the victims identified have received compensation for the harm they have suffered.

Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), as well as section 17(10) of the Police Act, Cap. 359 under which restrictions on certain persons to resign may be imposed. The Committee requested the Government to provide information on the application in practice of these provisions pending their amendment.

The Committee notes an absence of information in the Government’s report. Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (paragraph 290). The Committee therefore reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, including the numbers and circumstances of accepted or refused applications to resign by military and police staff, as well as the reasons for refusal. The Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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The Committee notes 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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. National legislation. The Committee notes that the Government enacted the Trafficking in Persons (Prohibition) Law Enforcement Administration Act, in 2003, amended in 2005, (hereinafter the Anti-Trafficking Law) which provides for a precise definition of what constitutes the crime of trafficking in persons, covers trafficking in persons not only for the purpose of sexual exploitation but also for the purpose of labour exploitation, and makes this crime punishable with imprisonment for one year, two years or life imprisonment depending on the degree of seriousness of the offence. The Committee also notes that the Act establishes a National Agency for the Prohibition of Trafficking in Persons and other related matters (NAPTIP) which is granted powers of arrest, search and seizure in relation to suspected incidences of human trafficking, which are also powers shared with police, immigration and customs officials.

Referring to the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), also ratified by Nigeria, the Committee notes that to date over 800 cases of trafficking in persons have been investigated, 132 persons were convicted of offences related to trafficking in human beings, while over 100 cases are pending in the court. The Committee requests the Government to provide further information on the application in practice of the provisions punishing trafficking in persons, including statistical data on the legal proceedings which have been instituted against perpetrators, as well as the penalties imposed.

Protection and assistance for victims of trafficking in persons. The Committee notes that the Anti-Trafficking Law makes provision for the humane treatment, protection and non-discriminatory practices towards victims of trafficking. These include access to rehabilitation facilities, temporary stay without valid documents and medical attention (sections 36–37). Trafficked victims have the right to institute civil action against their traffickers irrespective of their immigration status (section 38).

Referring to the Government’s report on the application of Convention No. 182, the Committee notes the Government’s indication that 5,000 victims of trafficking have benefited from rehabilitation, vocational training and economic empowerment. The Committee also notes the information from a report of the United Nations Office on Drugs and Crime that NAPTIP has rescued more than 4,000 victims of trafficking since its creation. The Committee requests the Government to communicate information on the measures taken in practice to provide protection and assistance, including legal assistance and compensation to victims of trafficking, as well as information on the number of persons benefiting from these services.

Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee has repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, General Survey on the fundamental Conventions concerning rights at work, 2012, paragraph 290).

The Committee once again notes the Government’s indication that, in practice, officers in the armed forces, the police as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. The Committee expresses the firm hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to indicate the number of applications to resign by military and police staff, as well as other ranks, that have been refused, indicating the grounds for refusal. The Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National legislation. The Committee notes that the Government enacted the Trafficking in Persons (Prohibition) Law Enforcement Administration Act, in 2003, amended in 2005, (hereinafter the Anti-Trafficking Law) which provides for a precise definition of what constitutes the crime of trafficking in persons, covers trafficking in persons not only for the purpose of sexual exploitation but also for the purpose of labour exploitation, and makes this crime punishable with imprisonment for one year, two years or life imprisonment depending on the degree of seriousness of the offence. The Committee also notes that the Act establishes a National Agency for the Prohibition of Trafficking in Persons and other related matters (NAPTIP) which is granted powers of arrest, search and seizure in relation to suspected incidences of human trafficking, which are also powers shared with police, immigration and customs officials.

Referring to the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), also ratified by Nigeria, the Committee notes that to date over 800 cases of trafficking in persons have been investigated, 132 persons were convicted of offences related to trafficking in human beings, while over 100 cases are pending in the court. The Committee requests the Government to provide further information on the application in practice of the provisions punishing trafficking in persons, including statistical data on the legal proceedings which have been instituted against perpetrators, as well as the penalties imposed.

2. Protection and assistance for victims of trafficking in persons. The Committee notes that the Anti-Trafficking Law makes provision for the humane treatment, protection and non-discriminatory practices towards victims of trafficking. These include access to rehabilitation facilities, temporary stay without valid documents and medical attention (sections 36–37). Trafficked victims have the right to institute civil action against their traffickers irrespective of their immigration status (section 38).

Referring to the Government’s report on the application of Convention No. 182, the Committee notes the Government’s indication that 5,000 victims of trafficking have benefited from rehabilitation, vocational training and economic empowerment. The Committee also notes the information from a report of the United Nations Office on Drugs and Crime that NAPTIP has rescued more than 4,000 victims of trafficking since its creation. The Committee requests the Government to communicate information on the measures taken in practice to provide protection and assistance, including legal assistance and compensation to victims of trafficking, as well as information on the number of persons benefiting from these services.

Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. For a number of years, the Committee has been referring to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee has repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, General Survey on the fundamental Conventions concerning rights at work, 2012, paragraph 290).

The Committee once again notes the Government’s indication that, in practice, officers in the armed forces, the police as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. The Committee expresses the firm hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to indicate the number of applications to resign by military and police staff, as well as other ranks, that have been refused, indicating the grounds for refusal. The Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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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 direct request, which read as follows:

Repetition

Articles 1(1) and 2(2) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, paragraphs 40 and 96–97 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee previously noted the Government’s indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It has also noted the Government’s repeated statement in its reports that no naval or police officer nor any of the other ranks has been denied permission to resign. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice. Noting also the Government’s statement in its report that there are no new provisions governing the resignation of naval and police personnel, the Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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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 direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, paragraphs 40 and 96–97 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee previously noted the Government’s indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It has also noted the Government’s repeated statement in its reports that no naval or police officer nor any of the other ranks has been denied permission to resign. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice. Noting also the Government’s statement in its report that there are no new provisions governing the resignation of naval and police personnel, the Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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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 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, paragraphs 40 and 96–97 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee previously noted the Government’s indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It has also noted the Government’s repeated statement in its reports that no naval or police officer nor any of the other ranks has been denied permission to resign. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice. Noting also the Government’s statement in its report that there are no new provisions governing the resignation of naval and police personnel, the Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, paragraphs 40 and 96–97 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee previously noted the Government’s indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It has also noted the Government’s repeated statement in its reports that no naval or police officer nor any of the other ranks has been denied permission to resign. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice. Noting also the Government’s statement in its report that there are no new provisions governing the resignation of naval and police personnel, the Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.

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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(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also notes the provision of section 17(10) of the Police Act, Cap. 359, supplied by the Government with its report, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee has repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It also noted the Government’s statement in its latest report that the Army Council has never rejected any application to leave the service from any officer. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, indicating the numbers and circumstances of accepted or refused applications to resign, as well as the reasons for refusal.

Please also supply copies of regulations governing the resignation of officers in the armed forces issued under section 26 of Armed Forces Decree No. 105 of 1993 (as amended), new provisions governing the resignation of navy personnel, as well as section 107 of the Police Regulations, referred to by the Government in its 2003 report.

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Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also notes the provision of section 17(10) of the Police Act, Cap. 359, supplied by the Government with its report, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee has repeatedly pointed out, referring also to the explanations in paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. While having noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month, and noting also the Government’s statement in its latest report that the Army Council has never rejected any application to leave the service from any officer, the Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, indicating the numbers and circumstances of accepted or refused applications to resign, as well as the reasons for refusal.

Please also supply copies of regulations governing the resignation of officers in the armed forces issued under section 26 of Armed Forces Decree No. 105 of 1993 (as amended), new provisions governing the resignation of navy personnel, as well as section 107 of the Police Regulations, referred to by the Government in its 2003 report.

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The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the provisions of the Prisons Regulations concerning prison labour, as well as other information on the work of prisoners supplied by the Government. It also notes the Government’s indications concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. 1. In its earlier comments, the Committee referred to the following provisions which impose restrictions on certain persons (such as police officers or navy personnel) to resign: section 13(9) of the Police Act, Cap. 154; section 9(3) of the Navy Act, Cap. 138, and section 20(3) of Act No. 21 of 1964 (Navy).

The Committee recalled, referring to the explanations in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. While having noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month, the Committee expressed firm hope that measures would be taken to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice.

The Committee notes the Government’s indications in its latest report that both the Navy Act, Cap. 288, and the Army Act, Cap. 294, have been repealed by the Armed Forces Decree No. 105 of 1993 (as amended) and requests the Government to supply, with its next report, copies of regulations concerning resignation of officers in the armed forces issued under section 26 of the Decree, as well as new provisions governing resignation of the navy personnel. Noting also the Government’s indication that the Police Act, Cap. 154, has been replaced by the Police Act, Cap. 359: Laws of the Federal Republic of Nigeria (LFN), the Committee requests the Government to supply copies of section 17(1)-(10) of the Act and section 107 of Police Regulations, referred to by the Government in its report, as well as other provisions governing resignation.

2. The Committee notes the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), supplied by the Government, according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. Referring to the above considerations concerning freedom of career military servicemen to leave their service, the Committee hopes that measures will be taken to bring this provision into conformity with the Convention. Pending the amendment, the Committee requests the Government to provide information on its application in practice, indicating numbers and circumstances of applications to leave the service accepted or refused.

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The Committee notes the information provided by the Government in its report.

1. Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. Under sections 11(A) and 13(1A), which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee also noted that under section 9(3) of the Navy Act, Cap. 138, a resigning officer or warrant rank shall be discharged as soon as possible, but shall be retained on board the ship to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorized by order of the competent naval authorities in accordance with the regulations under the Act.

The Committee referred to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. While having noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month, the Committee expresses firm hope that measures will be taken to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee again requests the Government to provide information on their application in practice, indicating numbers and circumstances of applications to leave the service accepted or refused. It also requests the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

2. Article 2(2)(c). The Committee notes brief indications concerning prison labour provided by the Government in its report. In its earlier comments, the Committee noted the Government’s statement that it is not permissible to hire prisoners to private individuals or companies. It would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of the current prison regulations.

3. Referring to its 2000 general observation on the Convention, the Committee requests the Government to include in its next report information on measures taken or contemplated, both in law and in practice, to prevent, suppress and punish trafficking in of persons for the purpose of exploitation.

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The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request:

Article 1(1) and Article 2(1) of the Convention. 1. The Committee requested information as to the freedom of certain persons to leave the service of the State. It noted the restrictions on such freedom which might be imposed on: (i) police officers, under sections 11(A), 13(1A), 13(9), 51(2) and 52 of the Police Act; (ii) navy personnel, under section 9(3) of the Navy Act and section 20(3) of Act No. 21 of 1964 (Navy); and (iii) army personnel, under sections 13 and 25 of the Nigerian Army Act of 1960. The Committee again refers to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, as to the essentially voluntary nature of employment which is to be in compliance with the Convention, subject only to the limited exceptions allowed under Article 2(2). It again requests the Government to provide copies of any regulations dealing with the manner in which the above provisions are applied and to indicate in detail how they are applied in practice, including numbers and circumstances of applications to leave the service allowed or refused.

Article 2(2)(c). 2. The Committee asked the Government to indicate the conditions in which prison labour takes place, particularly as regards hiring prison labour to or placing it at the disposal of private parties. Please provide a copy of the current prison regulations as well as information on the practical aspects of this question.

3. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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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 following matters raised in its previous direct request.

  Article 1(1) and Article 2(1) of the Convention.  1.  The Committee requested information as to the freedom of certain persons to leave the service of the State. It noted the restrictions on such freedom which might be imposed on: (i) police officers, under sections 11(A), 13(1A), 13(9), 51(2) and 52 of the Police Act; (ii) navy personnel, under section 9(3) of the Navy Act and section 20(3) of Act No. 21 of 1964 (Navy); and (iii) army personnel, under sections 13 and 25 of the Nigerian Army Act of 1960. The Committee again refers to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, as to the essentially voluntary nature of employment which is to be in compliance with the Convention, subject only to the limited exceptions allowed under Article 2(2). It again requests the Government to provide copies of any regulations dealing with the manner in which the above provisions are applied and to indicate in detail how they are applied in practice, including numbers and circumstances of applications to leave the service allowed or refused.

  Article 2(2)(c).  2.  The Committee asked the Government to indicate the conditions in which prison labour takes place, particularly as regards hiring prison labour to or placing it at the disposal of private parties. Please provide a copy of the current prison regulations as well as information on the practical aspects of this question.

3.  Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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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 following matters raised in its previous comments: Article 1(1) and Article 2(1) of the Convention. 1. The Committee requested information as to the freedom of certain persons to leave the service of the State. It noted the restrictions on such freedom which might be imposed on: (i) police officers, under sections 11(A), 13(1A), 13(9), 51(2) and 52 of the Police Act; (ii) navy personnel, under section 9(3) of the Navy Act and section 20(3) of Act No. 21 of 1964 (Navy); and (iii) army personnel, under sections 13 and 25 of the Nigerian Army Act of 1960. The Committee again refers to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, as to the essentially voluntary nature of employment which is to be in compliance with the Convention, subject only to the limited exceptions allowed under Article 2(2). It again requests the Government to provide copies of any regulations dealing with the manner in which the above provisions are applied and to indicate in detail how they are applied in practice, including numbers and circumstances of applications to leave the service allowed or refused. Article 2(2)(c). 2. The Committee asked the Government to indicate the conditions in which prison labour takes place, particularly as regards hiring prison labour to or placing it at the disposal of private parties. Please provide a copy of the current prison regulations as well as information on the practical aspects of this question. 3. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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The Committee refers to its general observation and notes that the Government's report has not been received. The Committee's earlier comments addressed the following matters.

Article 1(1) and Article 2(1) of the Convention. The Committee requested information as to the freedom of certain persons to leave the service of the State. It noted the restrictions on such freedom which might be imposed on: (i) police officers, under sections 11(A), 13(1A), 13(9), 51(2) and 52 of the Police Act; (ii) navy personnel, under section 9(3) of the Navy Act and section 20(3) of Act No. 21 of 1964 (Navy); and (iii) army personnel, under sections 13 and 25 of the Nigerian Army Act of 1960. The Committee again refers to the explanations in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, as to the essentially voluntary nature of employment which is to be in compliance with the Convention, subject only to the limited exceptions allowed under Article 2(2). It again requests the Government to provide copies of any regulations dealing with the manner in which the above provisions are applied and to indicate in detail how they are applied in practice, including numbers and circumstances of applications to leave the service allowed or refused.

Article 2(2)(c). The Committee asked the Government to indicate the conditions in which prison labour takes place, particularly as regards hiring prison labour to or placing it at the disposal of private parties. Please provide a copy of the current prison regulations as well as information on the practical aspects of this question.

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The Committee notes the information provided by the Government in its report.

1. Freedom to leave the service of the State. In its previous comments the Committee noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. Under sections 11A and 13(1A), which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee similarly had noted that under section 9(3) of the Navy Act, Cap. 138, a resigning officer or warrant rank shall be discharged as soon as possible, but shall be retained on board the ship to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Government had stated that in practice both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month and that it is only when the country is faced with a threat of a breakdown in law and order, that the acceptance of the resignation may be deferred until the situation returns to normal.

The Committee requested the Government to provide copies of rules or regulations applicable including the provisions laying down the mandatory notice of one month. Noting the Government's indication in its report that a copy of the relevant provisions will be provided as soon as obtained, the Committee expresses the firm hope that the texts in question will be communicated.

2. The Committee had requested the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

Noting the Government's indication that this information requested from the army has not yet been sent, the Committee again expresses the hope that it will be communicated as soon as it is obtained.

3. In its previous comments the Committee referred to regulation 66(1) of the Draft Prison Regulations under which convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority and it noted the Government's statement that it is not permissible to hire prisoners to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly under the Draft Prison Regulations that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship.

The Committee requests the Government to indicate in its next report any action taken in this regard and provide a copy of the prison regulations if adopted.

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The Committee notes the information provided by the Government in its report.

1. Freedom to leave the service of the State. In its previous comments the Committee noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. Under sections 11A and 13(1A) which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee similarly had noted that under section 9(3) of the Navy Act, Cap. 138, a resigning officer or warrant rank shall be discharged as soon as possible, but shall be retained on board the ship to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Government having stated that in practice both naval and police officers were free to put in their resignations and that unless there were serious impediments which may prevent their resignations being accepted, such officers were allowed to leave after the expired term of notice, the Committee requested the Government to provide information on such terms of notice for officers as well as for ranks, and on the criteria used in evaluating the serious impediments which may prevent resignations being accepted, and to provide copies of any rules or regulations applicable in this regard.

The Committee notes the Government's statement in its report that in practice both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. The Committee further notes the Government's indication that the impediments referred to are the rare occasions where the country is faced with a threat of a breakdown in law and order; on such occasions the acceptance of the resignation may be deferred until the situation returns to normal.

The Committee would request the Government to provide a copy of the provisions laying down the mandatory notice of one month.

2. The Committee had requested the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

The Committee notes the Government's indication that this information has been requested from the army and will be sent as soon as it is obtained.

3. The Committee previously noted that under regulation 66(1) of the Draft Prisons Regulations, which have not been promulgated yet, convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority. The Committee pointed out that Article 2(2)(c) of the Convention not only provides that prison labour shall be performed under the supervision and control of a public authority, but that prisoners shall moreover not be hired to or placed at the disposal of private individuals, companies or associations. The Committee, however, indicated that arrangements under which prisoners may voluntarily accept employment with private employers, subject to guarantees as to the payment of corresponding wages, etc., would not fall within the scope of the Convention. The Committee noted from the Government's previous report that the Prisons Authorities stated that it is not permissible to hire prison labour to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly, under the draft Prisons Regulations, that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship, and that the Government would indicate the action taken to this end.

The Committee notes the Government's indication it its report that its request has been communicated to the Ministry of Justice for review. It hopes that the Government will provide information on any measures adopted or envisaged in this regard.

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The Committee notes that no report has been received from the Government. 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 following matters:

Freedom to leave the service of the State. In previous comments the Committee referred to the Nigerian Army Act, 1960 (formerly the Royal Nigerian Military Forces Ordinance), the Local Forces Ordinance, Cap. 110, the Navy Act, Cap. 138 and the Police Act, Cap. 154. The Committee requested the Government to indicate whether these various enactments are still in force and to supply copies of any amendments made to section 25 of the Army Act, sections 16 and 17 of the Local Forces Ordinance, sections 9 and 15 of the Navy Act and sections 11 and 13(9) of the Police Act, as well as copies of any enactments having superseded any of these provisions, and copies of any regulations made under section 13 of the Army Act or otherwise governing the commissioning of officers and their resignation. The Committee noted the Government's statement in its reports that these enactments are still in force and that no amendments have been made to the above-mentioned provisions of the Nigerian Army Act, 1960, the Local Forces Ordinance, Cap. 110 and the Navy Act, Cap. 138. The Committee also noted the Government's indication that the Police Act, Cap. 154 is still in force and that sections 11 and 13(9) have been amended.

1. The Committee had noted that under section 13(9) of the Police Act, Cap. 154, no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties unless expressly permitted to do so. The Committee noted that under sections 11A and 13(1A) which were incorporated into the Police Act, Cap. 154, by the Police Act (Amendment) Decree, 1969, a constable having opted or been selected for duties other than general duties shall be deemed to have agreed to extend his period of enlistment by an additional period not exceeding six years and the term of service of a non-commissioned officer or a constable may be extended for a period of six years.

The Committee similarly had noted that under section 9(3) of the Navy Act, Cap. 138, an officer or a warrant rank resigning shall be discharged as soon as possible, but shall be retained in the ship and to continue duty until instructions for his discharge are issued by the director. The Committee further noted that under section 20(3) of Act No. 21 of 1964 (Navy) a rating shall not be discharged unless his discharge has been authorised by order of the competent naval authorities in accordance with the regulations under the Act.

The Committee noted the Government's statement that sections 11 and 13(9) of the Police Act, Cap. 154 and sections 9 and 15 of the Navy Act are still in force, that in practice both naval and police officers are free to put in their resignations and that unless there are serious impediments which may prevent their resignations being accepted, such officers are allowed to leave after the expired term of notice.

The Committee again requests the Government to provide information on such terms of notice for officers as well as for ranks, and on the criteria used in evaluating the serious impediments which may prevent resignations being accepted, and to provide copies of any rules or regulations applicable in this regard. The Committee refers in this connection to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour where it recalled that persons in the service of the State, including officers or ranks should have the right to leave the service in peacetime, within a reasonable period, either at specified intervals or with previous notice.

2. The Committee requests the Government to provide copies of any regulations made under section 13 of the Army Act governing the commissioning of officers and their terms of resignation.

3. The Committee previously noted that under regulation 66(1) of the Draft Prisons Regulations, which have not been promulgated yet, convicted prisoners may be employed on any work or service carried out under the supervision and control of a public authority. The Committee pointed out that Article 2(2)(c) of the Convention not only provides that prison labour shall be performed under the supervision and control of a public authority, but that prisoners shall moreover not be hired to or placed at the disposal of private individuals, companies or associations. The Committee, however, indicated that arrangements under which prisoners may voluntarily accept employment with private employers, subject to guarantees as to the payment of corresponding wages, etc., do not fall within the scope of the Convention. The Committee noted from the Government's previous report that the Prisons Authorities stated that it is not permissible to hire prison labour to private individuals or companies. The Committee expressed the hope that measures would be taken to ensure clearly, under the draft Prisons Regulations, that any use of prison labour by private individuals, companies or associations can only take place under the conditions of a free employment relationship, and that the Government would indicate the action taken to this end. The Committee hopes that the Government will provide information on the measures taken in this connection in its next report.