Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Nigeria (Ratification: 2002)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery and practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted from the Report of the Secretary-General on Children and Armed Conflict of 5 June 2015 (A/69/926-S/2015/409) that an increased number of children, both boys and girls, were recruited and used by Boko Haram in support roles and in combat. Children were reported to be used as human shields and as suicide bombers, particularly girls as young as 13 years. There were reports of children joining the Civilian Joint Task Force (CJTF) and other vigilante groups, voluntarily or forcibly, and used to man checkpoints, gather intelligence and participate in armed patrols. More than 500 young women and girls were reported to be abducted from their homes and schools and were subjected to forced labour, physical and psychological abuse and forced marriages to fighters of Boko Haram. This report also indicated that a large number of children were killed and maimed during Boko Haram raids in villages, targeted public places and schools.

The Committee notes the Government’s information, in its report, that it has adopted measures to monitor the engagement of underaged children in vigilante groups by introducing a mandatory registration of the vigilante and armed groups through the Ministry of Defence, the police force and the Nigeria Security and Civil Defence Corps. It also notes the Government’s information that following negotiations with Boko Haram, 104 girls out of the 110 girls who were abducted from Dapchi’s school and 104 Chibok schoolgirls out of the 276 girls who were abducted in 2014 were released. The Government report indicates that negotiations are ongoing through the mediating parties for the release of other girls.

The Committee notes from the Report of the Secretary-General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465) (Report of the Secretary-General) that an action plan was signed between the CJTF and the United Nations to end and prevent the recruitment and use of children and a standing order was issued by the CJTF in this regard. According to the Report of the Secretary-General, the total number of verified cases of recruitment and use of children for armed conflict has decreased by almost 50 per cent, from 2,122 in 2016 to 1,092, including 738 boys and 353 girls, in 2017. However, the Report of the Secretary General indicates that grave violations and abuses committed by Boko Haram against children remains gravely disturbing, in particular the use of children as carriers of person-borne improvised explosive devices as well as the large number of abductions. The Committee notes from the Report of the Secretary General that the United Nations verified the killing of 570 children, maiming of 311 children, and 45 incidents of rape and other forms of sexual violence affecting 131 children. Almost half of all casualties resulted from suicide attacks perpetrated by Boko Haram. The Committee further notes that 189 children, including 107 boys and 79 girls, were abducted by Boko Haram between July and October 2017, and an additional 1,456 children in north-east Nigeria were verified as being abducted during previous years. Moreover, more than 100 girls were reported to have been abducted in Dapchi, Yobe State, in 2018.

While noting certain measures taken by the Government on the use of children in armed conflict, the Committee must once again deeply deplore the persistence of this practice, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. While acknowledging the complexity of the situation on the ground and the presence of armed groups in the north-east of the country, the Committee strongly urges the Government to take measures, using all available means, to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment or use of children under 18 years of age into armed groups. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to take effective and time-bound measures to provide for their rehabilitation and social integration and to provide information on the measures taken in this regard and on the results achieved.

Article 7(2)(a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various social protection policies and activities implemented in Nigeria with support from UNICEF for improving access to education, such as the School Feeding Programme, bursary and scholarship grants to indigenous families having children of school age, and the conditional cash transfer programme. It also noted from the Nigeria: Education for All Review Report 2000–14 (EFA Review Report), that there was an increase in the enrolment rates at the primary and secondary levels. However, the Committee noted with concern the estimates from the UNESCO EFA Global Monitoring Report of 2013, that there were approximately 10.5 million children who were out of school in Nigeria.

The Committee notes from the Government’s report that it has developed a National Policy on Inclusive Education, 2017, which is currently being implemented in Nigeria. It also notes that a Presidential Committee on the North East has been set up and the Safe School Initiative was launched in 2014, through which over 2,531 students who were affected by the Boko Haram insurgency were transferred to safe schools and colleges. Moreover, the Government indicates that: (i) an enrolment campaign was launched in 2015 and is still ongoing to encourage out-of-school pupils to return to school; (ii) the Students Tutoring, Mentoring and Counselling Programme targeted at parents and students was developed in each of the three senatorial districts of 36 states and the Federal Capital Territory (FCT); and (iii) a Mother’s Association for skill empowerment was established in 13 states and the FCT in order to reduce the number of school drop-outs. The Committee further notes the Government’s reference to the statistical information from the Nigeria Digest of Education Statistics and Nigeria Education Indicator, 2016, which indicates an increase in the enrolment rates in primary schools by 0.58 per cent from 2015 to 2016, as well as an increase in the number of primary and junior secondary schools. However, the statistical data indicates a decrease by 1.28 per cent in enrolment rates in junior secondary schools, which the Government attributes to the insurgency in the north-east. The Committee finally notes the Government’s statement that the ongoing Government efforts, such as: reviewing the goals of EFA; increasing Universal Basic Education Programmes; tackling the Boko Haram insurgency; and the rehabilitation of the internally displaced children will lead to a positive trend in the educational system of Nigeria. The Committee, however, notes with deep concern from the 2018 UNICEF report on education in Nigeria, that although primary school enrolment has increased in recent years, the net attendance is still low at about 70 per cent. Nigeria still has 10.5 million out-of-school children, which is the highest in the world, with 60 per cent of them in northern Nigeria, where the conflict has deprived many children of access to education. While noting the measures taken by the Government, the Committee urges the Government to intensify its efforts to improve the functioning of the education system and to facilitate access for all children to free basic education, in particular children in north-eastern Nigeria. In this regard, the Committee requests the Government to take the necessary measures, to increase the school enrolment and attendance rates at the primary and secondary levels and to decrease the school drop-out rates. It requests the Government to continue to provide information on the concrete measures taken in this regard and to provide updated statistical information on the results obtained, particularly with regard to reducing the number of out-of-school children at the primary and secondary levels.

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