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

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

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

Repetition

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

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

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