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

Minimum Age Convention, 1973 (No. 138) - Nigeria (Ratification: 2002)

The Committee notes with regret that, for the fourth consecutive year, 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:

Article 1 of the Convention. 1. National policy on children. The Committee noted that the Government formulated a national policy on children in 1999, which aims at: (i) improving the enforcement of the legislation concerning the exploitation of children; (ii) improving education standards; (iii) protecting children from hazardous work, together with raising awareness on the negative aspects of child labour; and (iv) providing incentives to encourage school enrolment. The Committee asks the Government to provide information on the impact of the national policy on children on abolishing child labour.

2. National Child Rights Implementation Committee (NCRIC). The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/resp.72, 26 November 2004, page 32) that a National Child Rights Implementation Committee has been established to implement and promote the rights of the child as provided in the ratified international standards. The NCRIC shall therefore develop and provide the federal and local authorities with specific programmes of action to implement the rights of the child. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCRIC to ensure the effective abolition of child labour.

Article 2(1). 1. Scope of application. The Committee noted that, by virtue of section 59(1) of the Labour Act, children shall not be admitted to employment or work except for light work. Section 91 of the Labour Act provides that a worker is a person who has entered into an oral or written contract with an employer. The term “worker” does not include the following persons: (i) persons who are not employed for the purposes of the employer’s business; (ii) members of the employer’s family; (iii) sales representatives in so far as their work is performed outside the permanent workplace of the employer’s business; and (iv) persons to whom materials or articles are given to be cleaned, ornamented, repaired or adapted in order to be sold outside of their premises. The Committee reminded the Government that the Convention applies not only to work performed under an employment contract but to all types of work or employment regardless of the existence of a contractual relationship. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that all children, including self-employed children, benefit from the protection laid down in the Labour Act.

2. General minimum age for admission to work. The Committee noted that the Government specified a minimum age for admission to employment or work of 15 years. It observes that, according to section 59(2) of the Labour Act of 1990, a person under 15 years of age shall not be employed or work in industrial undertakings. However, it noted that, according to section 59(1) of the Labour Act, read in conjunction with section 91 of the same Act, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. The Committee also noted that sections 28(1)(a) and 277 of the Child Rights Act of 2003 state that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”. Section 29 of the Child Rights Act of 2003 states that “the provisions relating to young persons in sections 58 to 63 of the Labour Act shall apply to children under this Act”. Section 274 of the Child Rights Act provides that the Act supersedes the provisions of any legislation relating to children and that, where a provision of this Act is inconsistent with any other legal provision on children, the provision of the Child Rights Act shall prevail. The Committee noted that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording than section 59(1) of the Labour Act of 1990, i.e. fixing a general minimum age of admission to work or employment of 12 years. The Committee consequently noted that the draft Labour Standards Bill does not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. The Committee reminded the Government that, upon ratifying the Convention, it declared 15 years to be the minimum age for admission to employment and that by virtue of Article 2(1) of the Convention, children under that age shall not be admitted to employment or work except for light work. In this regard, the Committee notes with concern that the national legislation provides for a wide variety of minimum ages, and that many of these minimum ages are too low. The Committee consequently urges the Government to take the necessary measures to harmonize its legislation and provide for a general minimum age for admission to employment or work of 15 years.

3. Domestic workers. The Committee noted that, according to section 59(1) of the Labour Act, children of 12 years of age and above may be employed as domestic servants. Section 65 of the Labour Act provides that the Minister may take regulations concerning the employment of women and young persons as domestic servants. The Committee noted that, according to the information provided by the Government (Child work and child labour in Nigeria: Continuities and transformation, S. Oloko, 2003, pages 20–23), 37 per cent of young domestics do not have rest days and they work on average 12–15 hours a day for a very low salary. These child domestics are rarely sent to school, and are subject to punishment, exploitation and even abuse. Considering the above information concerning the working conditions of child domestic workers, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children under 15 years are not admitted to domestic work. It also asks the Government to indicate whether a regulation was adopted pursuant to section 65 of the Labour Act.

Article 2(3). Age of completion of compulsory schooling. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.26, 21 August 1995, paragraph 76) that the national policy on education provides that children aged from 6 to 12 years shall undergo six years of primary education and three years of junior secondary education. The Government added that a universal basic education Act was enacted in February 2004 (CRC/C/70/Add.24/Rev.2 of 2004, page 104). The Committee consequently noted that compulsory education appears to be completed by the age of 15 years, which corresponds to the specified minimum age for admission to employment. The Committee requests the Government to provide a copy of the universal basic education Act.

Article 3(2). Determination of hazardous work. The Committee noted that section 59(6) of the Labour Act of 1990, states that persons under 18 years of age shall not be employed in occupations that are injurious to their health, dangerous or immoral. It also noted that it is prohibited to employ a person under 18: (i) in night work (section 60(1) of the Labour Act); and (ii) to operate any lifting machine (i.e. a crane, crab, winch, pulley block, gin wheel, transporter or runway) driven by mechanical power to give signals to the operator of any machine (section 26, subsections (8) and (9) of the Factories Act). It also noted that the Child Rights Act of 2003 provides that children under 18 years shall not lift, carry or move heavy materials that are likely to harm their health (section 28(1)(c) of the Child Rights Act) or work in undertakings (section 28(2) of the Child Rights Act). The Committee noted that neither the Labour Act nor the Child Rights Act provide for a comprehensive list of types of hazardous work, especially regarding occupations that are likely to harm the morals of children.

The Committee accordingly drew the Government’s attention to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which, in determining the types of hazardous work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, and the lifting of heavy weights. The Committee requests the Government to take the necessary measures to determine in detail the types of work, which by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children under 18 years of age.

Article 6. Apprenticeship. The Committee noted that, according to section 49(1) of the Labour Act, a person aged 12–16 years of age may undertake an apprenticeship for a maximum period of five years. Section 52(a) of the Labour Act states that the Minister may make regulations to determine the terms and conditions upon which the contract of apprenticeship may be lawfully entered into as well as the duties and obligations of the apprentices and their masters. The Minister may also regulate the conditions governing the entry of persons aged 12–16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also noted that the Committee on the Rights of the Child (CRC/C/15/Add.257, 28 January 2005, paragraph 73) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships. It also asks the Government to indicate whether regulations were adopted, pursuant to section 52(a) and (e) of the Labour Act, to regulate apprenticeships.

Article 7(1). Minimum age for admission to light work. The Committee noted that, by virtue of sections 59(1) and 91 of the Labour Act, children under 12 years of age may perform light agricultural, horticultural or domestic work for the family. Section 28(1)(b) of the Child Rights Act provides for the same opportunity for children under 18 years of age. The Committee consequently noted that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit the employment or work of children aged 13–15 years in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 13–15 years may perform light work.

Article 7(3). Determination of light work. The Committee observed that section 59(1) of the Labour Act and section 28(1)(b) of the Child Rights Act permit the employment, by a member of the family, of children in light agricultural, horticultural and domestic work. The Committee consequently noted that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminded the Government that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It also drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training, for rest during the day and for leisure activities. The Committee accordingly requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in the agricultural, horticultural and domestic sectors may be undertaken.

Article 8. Artistic performances. The Committee observed that section 12(2) of the Child Rights Act states that children under 18 are entitled to participate in the cultural and artistic activities of the Nigerian, African and world communities. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting individual work permits, as an exception to the minimum age for admission to employment or work and, after consultation with the organization of employers and workers concerned, for participating in activities such as artistic performances. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee accordingly asks the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9(1). Penalties. The Committee noted that section 64(1) of the Labour Act states that anyone who employs young persons in contravention of sections 59–62 of the Act is liable to a maximum fine of 100 naira (approximately US$0.80). The same penalty will apply to the owner or manager of an undertaking in which young persons are employed in breach of sections 59–62 of the Labour Act. The guardian of a young person who permits the employment of that young person in violation of sections 59–62 of the Labour Act is also liable to a maximum fine of 100 naira (section 64(1) of the Labour Act). The Committee also observed that subsections (3) and (4) of section 28 of the Child Rights Act provide that a person who contravenes the provisions concerning the employment of children is liable to a fine of 50,000 naira and/or five years’ imprisonment. The fine will be increased to 250,000 naira if a body corporate, proprietor, director, or general manager commits the offence. The Committee reminded the Government that, under Article 9(1) of the Convention, the competent authority shall take the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions giving effect to the Convention. Considering the low amount of the fine imposed under section 64(1) of the Labour Act and the fact that the Labour Act applies to 32 states out of 36 states (CRC/C/15/Add.257, concluding observations, 28 January 2005, paragraph 11), the Committee urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the violation of the provisions of the Labour Act.

Part III of the report form. The Committee noted the Government’s indication that the Federal Minister of Labour and Productivity, the Federal Minister of Women Affairs, the Federal Minister of Education, the Federal Minister of Internal Affairs, the Federal Minister of Justice, the Office of the Head of Civil Service and the Joint Maritime Labour Industrial Council (JOMALIC) are responsible for the effective enforcement of the provisions giving effect to the Convention. The Labour Inspectorate, JOMALIC port offices and child development offices of the Ministry of Women Affairs also supervise the implementation of the labour legislation. Section 78 of the Labour Act states that authorized labour officers are entitled to enter, inspect and examine, at any time of the day or night, workplaces if they believe that workers are employed therein. Similar powers are conferred on the inspectors under section 65 of the Factories Act.

In its previous comments under Convention No. 81 on labour inspection, the Committee noted that, according to the report of the National Policy and Sensitization Workshop on Child Labour in Nigeria (organized in collaboration with the ILO and UNICEF on 25–26 November 1998), the effectiveness of inspections was impaired by the primary focus of the inspectorate on the formal sector, while the problem of child labour often exists in the informal sector. The Workshop called for a strengthening of the monitoring mechanisms in order to ensure compliance with and enforcement of labour laws concerning children. The Committee once again asks the Government to indicate whether the activities of the Labour Inspectorate were strengthened pursuant to this Workshop and, if so, to provide information on the findings of the labour inspectorate.

Part V of the report form. The Committee noted that, according to the Report on National Modular Child Labour Survey (drafted by the University of Lagos, the Federal Office of Statistics and ILO–SIMPOC, pages xix and 63, 2000–01), Nigeria counted more than 15 million child workers in 2000–01, with 2 million of them working more than 15 hours a day, about 44 per cent not attending school and 42 per cent working in the agricultural sector. It also observed that 70 per cent of the child workers started work when they were 5–9 years of age. The Committee expressed its serious concern about the actual number of young children in Nigeria who are compelled to work out of personal need. It strongly invites the Government to redouble its efforts to progressively improve the situation and to report on results attained. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including for example, statistical data on the employment of children under 15 years, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending national legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.