Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migration for Employment Convention (Revised), 1949 (No. 97) - Nigeria (Ratification: 1960)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that according to section 35-1 of the 1990 Labour Act CAP 198 “The Minister may, in his discretion, allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract, provided that no more than one-half of each month’s wages shall be so deferred.” Noting from the Government’s report, on the application of Convention No. 100, that Nigeria is currently reviewing all national labour legislation, and recalling that, in accordance with paragraph 1, of Article 6 of the Convention, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the items listed in paragraphs (a)–(d) of the above Article, which includes remuneration, the Committee would appreciate if the Government would keep it informed of national practices in this respect and whether measures are envisaged to put an end to the deferred payment of migrant workers’ wages.

2. In relation to the Committee’s previous comments, in cases of departure from Nigeria, including expulsion procedures, of foreign workers – irrespective of their nationality – who have participated in and contributed to the social security system, the Committee notes that the reference to article 35(1-2) of the Labour Code made by the Government in its report, does not provide the necessary information on the country’s progress in the implementation of the Convention, as regards the maintenance of their acquired social security rights. The Committee therefore trusts that the Government will reconsider this issue when it communicates the changes occurred in the labour legislation in Nigeria.

3. Recalling that each Member for which this Convention is in force has to take all appropriate steps against misleading propaganda relating to migration, the Committee requests the Government to provide detailed information on the measures, taken or envisaged, to put an end to trafficking in human beings practices and particularly that of trafficking in Nigerian women to Europe for purposes of prostitution.

4. Article 8. Since this was one of the provisions cited most often by governments, at the time of the 1999 General Survey on migrant workers (paragraphs 600–608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

5. Finally the Committee requests the Government to provide information concerning the number and origin of persons migrating for employment to and from Nigeria.