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

Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)



A Government representative appreciated the constructive observations and requests made by the Committee of Experts with regard to the domestication of the provisions of the Convention. She stated that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision in line with the observations made by the Committee of Experts. This revision, which would be done in consultation with the social partners, would take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy, as well as provisions to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy. The review of the Labour Standards Bill would define a minimum age of 15 years for employment or work; a minimum age of 14 years for apprenticeship programmes; a lower minimum age of 13 years for admission to light work, and would regulate hours of work in light work. With the aim of protecting the rights of the child, several measures had been taken, including the adoption and implementation of the National Policy on Child Labour and the National Hazardous Child Labour List, which provided maximum protection for children from extremely hazardous working conditions. Efforts were also being made to provide statistical data on the employment of children and young persons, especially in the informal economy, in collaboration with the relevant ministries and agencies in Nigeria. The labour inspectorate of the country had been strengthened to eliminate child labour, both in the formal and informal economies. While hoping that the Government would be able to provide a progressive report in 2017, she reiterated the Government’s willingness to accept the technical assistance offered by the ILO.

The Worker members emphasized that child labour was pervasive in Nigeria and that the laws and policies remained inadequate to address the widespread nature of the problem. The legislation failed to comply with the Convention, including sections 59(1) and 91 of the Labour Act of 1990, which permitted the employment of children under 12 years of age by family members to perform light work in agriculture and domestic service, and section 49(1), which permitted children between the ages of 12 and 16 to perform apprenticeships. The Labour Act also failed to provide for a minimum age for admission to light work and for the conditions in which such work could be undertaken. The Worker members, noting the statement by the Government concerning the existence of the list of types of hazardous work to be prohibited for children under the age of 18, indicated that this list had not been provided to the Committee of Experts. The Labour Act did not cover children employed in domestic work or children working on their own account or in the informal economy. The Committee of Experts had referred to the recognition, in the Government’s 2013 National Policy on Child Labour, that child labour was particularly prevalent in the semi-formal and informal economies. These children were exposed to abuse and their vulnerability was exacerbated by the lack of legal protection, which meant that labour inspectors were unable to reach them. The proposed Labour Standards Bill, which the Government explained had been withdrawn and would be revised, provided for a minimum age for employment of 15, but did not address many of the issues raised. The Worker members also pointed out that the lack of access to education and mass unemployment in the country had caused many children to be displaced or involved in armed conflict. The high prevalence of early marriages among girls in the northern part of the country also had a serious negative impact on their right to education. Children with no access to education had little alternative than to enter the labour market, often working in dangerous and exploitative conditions. Access to free and compulsory education was crucial to reducing child labour. Despite the Compulsory, Free Universal Basic Education Act of 2004, universal access to compulsory education did not fully exist in the country, with geographical disparities between states. The number of factory inspectors and labour officers was totally inadequate to deal with the wide-scale problem of child labour, and the Government had not published statistical information on child labour-related procedures. The special rapporteur on child rights of the Nigerian Human Rights Commission did not have the necessary human and financial resources to fulfil the mandate to monitor and collect data on the violation of children’s rights. The Worker members urged the Government and the social partners to identify more effective and timely measures to bring the country’s practices in line with the Convention.

The Employer members noted the indication by the Government that the Labour Standards Bill of 2008 had been withdrawn and that it would be revised, in consultation with the social partners, to ensure conformity with the Convention. However, national laws and practice were not currently in conformity with the Convention. The Committee of Experts had identified a number of weaknesses in the national legislation, including: (i) the absence of coverage of children in self-employment or informal employment; (ii) the existence of several minimum ages in the legislation, some of which were too low; (iii) the absence of a minimum age to enter into an apprenticeship contract; (iv) the absence of a minimum age for admission to light work; and (v) the lack of regulation of the conditions under which light work could be performed. The Government had indicated that these legislative issues would be addressed while reviewing the Labour Standards Bill. It was strongly encouraged to prioritize finalization of the new national legislation and to avail itself of technical assistance from the ILO as soon as possible. Concerning the need to adopt a list of types of hazardous work to be prohibited for children under 18, the Government had indicated that the list had been finalized and was operative in the country. The consequence of the Government’s failure to bring its labour laws into line with the Convention was that children continued to be exploited. While fixing the law was important, ensuring its implementation was also essential, and it was imperative for the Government to improve its labour inspectorate system and provide it with adequate resources and technical knowledge of the national legislation which protected children. The situation could also be improved through the intensification of sensitization campaigns, which were already being undertaken within the ECOWAS II Project and were aimed at encouraging the education of children rather than work, regardless of whether it was in the formal or informal economy.

The Worker member of Nigeria emphasized that no child should be at work, but in classrooms and playgrounds. The Committee of Experts had noted the serious gaps in the legislation with regard to minimum age; the non-finalization of the list of types of hazardous work prohibited for children under 18 years; the alarming rate of children employed in the semi-formal and informal economies; and the intensification of child labour. Free and high quality education was one of the essential means of combating child labour. At the same time, it was important to note the measures taken by the Government at the federal and state levels to eliminate child labour and keep children in school, such as increasing the budget for education and implementing a compulsory school feeding programme. He also recalled the criminal activities of armed groups which, in addition to causing the death of thousands of people, included kidnapping hundreds of children in schools and destroying schools. A large number of teachers had been killed by these groups and most of the surviving teachers in north-eastern Nigeria had been forced to relocate or to quit teaching. Global support was therefore needed for the efforts of Nigeria and its neighbours to bring an end to the activities of such groups. The social partners should also be associated in the technical assistance provided to the country. Noting the withdrawal of the Labour Standards Bill of 2008, he recommended that a new timeframe be provided to the Government to effectively conclude the review process of the legislation, in coordination with the relevant stakeholders. He hoped that such a legislative reform would take into account the reality of the situation of child labour in Nigeria.

The Government member of the Netherlands, speaking on behalf of the European Union (EU) and its Member States, as well as the former Yugoslav Republic of Macedonia, Norway and the Republic of Moldova, recalled the commitment made by Nigeria under the Cotonou Agreement to respect democracy, the rule of law and human rights principles, which included the abolition of child labour. He urged the Government to make every effort to strengthen the labour inspection mechanisms in the country, which were essential to address child labour in the informal economy. The Government was strongly encouraged to adopt the list of types of hazardous work prohibited for children under 18 years of age in the near future, and to put in place a comprehensive legal framework establishing the minimum age for apprenticeship and light work, in conformity with the Convention. He noted with deep concern the number of children in child labour in the country. The twin challenges of child labour and educational marginalization seriously undermined the future prospects of individuals and societies. He encouraged the Government to avail itself of technical assistance from the ILO in order to adopt the revised Labour Standards Bill on an urgent basis.

The Government member of Switzerland called on the Government to take the necessary legislative action as soon as possible to fix the minimum working age at 15 years as a general rule, at 14 years for apprenticeships and at 13 years for light work; the terms under which such light work is carried out must be defined. Legislation must also be introduced on the various forms of hazardous work and a list of types of hazardous work prohibited for children should be adopted.

The Worker member of New Zealand emphasized the pressing need for the Government to adopt effective laws to prevent child labour. Although the Government had addressed these issues through the introduction of the Labour Standards Bill eight years ago, the Bill had not yet been adopted. He urged the Government to prioritize the adoption of the Labour Standards Bill after addressing the following major gaps: the exclusion of children outside formal labour relationships; the absence of a lower minimum age for light work, and specification of what constituted light work in domestic, agricultural and horticultural work, as well as restrictions regarding working hours and conditions for light work; and the establishment of a minimum age of 14 years for apprenticeship programmes. He noted that the Government had already adopted a list of types of hazardous work prohibited for children under 18 years of age. Finally, while welcoming the Government’s intention to address these issues in the Labour Standards Bill, he urged it to do so as soon as possible.

The Government member of Cuba recalled that the Government had indicated its intention to meet its commitments vis-à-vis the ILO and was currently taking steps to adopt measures for the application of the Convention. She called on the ILO to provide appropriate technical cooperation.

The Worker member of the United States noted that, despite the steps taken by the Government to eliminate child labour, the situation in the country had not substantially changed and there remained an alarmingly large number of underage workers. The inconsistent legislation, namely the federal Child’s Right Act of 2003 and the Labour Act of 1990, resulted in the minimum age for employment being below international standards, and the conflicting language in the legislation made it unclear as to what minimum age applied for specific types of work. The Labour Act did not cover children employed in domestic service and, due to legislative shortcomings and difficulties of enforcement, children were vulnerable to dangerous working conditions. She hoped that the withdrawal of the Labour Standards Bill, announced by the Government, would be done swiftly, as children in the country were engaged in the worst forms of child labour, including their recruitment by armed groups. Such a situation, if not urgently addressed, would lead to serious and grave implications for the children affected, their families and communities, and the national economy. As a beneficiary of the United States African Growth and Opportunity Act, Nigeria was required to enforce an acceptable minimum age for the employment of children and to prohibit forced labour, and the Government had to work towards meeting its obligations under the Convention.

The Worker member of Australia noted that education, as a tool against child labour, was in dire straits in the country, especially in north-eastern Nigeria. The problems associated with the ongoing non-compliance with the Convention were compounded by the context of violence and intense regional insecurity that confronted young people in the north-eastern states of the country. Since the beginning of 2012, thousands of children had been forced out of schools in the region and school enrolment was estimated to be 28 per cent lower than in any other region of the country. These young people were pushed to work to survive. There were Government initiatives aimed at securing the area, re-establishing schools and allowing teachers to return to work. The most effective measure complementing the laws on minimum age for the eradication of child labour, was to ensure that the integrity of the education system was maintained for young people. Despite some assistance from surrounding nations, much more needed to be done and the Government had to redouble its efforts. Greater focus, better coordination and further resources were urgently needed for the north-eastern region. National and regional measures had to be supported by global initiatives aimed at ensuring that all children had access to education in an environment that was free from fear and violence.

An observer representing Education International emphasized that the issue of child labour was clearly connected with the provision of quality public education for all children in all parts of the world. Nigeria was one of the ten countries accounting for the majority of children deprived of access to education. The situation had worsened since 2009. Indeed, as a result of the criminal activities of armed groups, many schools had been destroyed and others had been forced to close; hundreds of teachers had been killed and thousands of students and teachers injured. Thousands of civilians, many of them women and girls, had been abducted, including large groups of students. Children were forcibly recruited into armed forces, and female students were abducted for sexual slavery. The situation had left whole communities without any opportunity to become literate and have decent work opportunities. In addition, millions of children had no future other than to work from an early age. Steps therefore needed to be taken by the Government, with regional cooperation and the support from United Nations agencies and the international community, to make education for all a reality in all parts of Nigeria as a way of eradicating child labour.

The Government member of Algeria noted the initiatives taken by the Government to update its legislation in the light of the country’s economic and social circumstances and the observations of the Committee of Experts. In particular, the Government had started the process of withdrawing the Labour Standards Bill, which would be amended in consultation with the social partners. The amendments would include the introduction of new measures to protect children in the informal economy, to strengthen the capacity and expand the scope of the labour inspectorate to the informal economy, and to fix the minimum age in line with the Convention. He welcomed the Government’s initiatives and encouraged it to apply the legislation effectively.

The Government member of Ghana noted that the Government had taken pragmatic measures to bring its national law and practice into conformity with the Convention. The Government had withdrawn the Labour Standards Bill and had taken into account the views of the tripartite national constituents. There was no doubt that, with the technical assistance of the ILO, Nigeria would work assiduously to review and update the Labour Standards Bill and to address the issues raised by the Committee of Experts.

The Government member of Kenya noted the efforts made by the Government to review its labour statutes in order to be in compliance with the provisions of the Convention and appreciated its commitment and willingness to conform to the recommendations of the Committee of Experts. There was a need for sustained technical cooperation to enable the Government to implement those recommendations. The Government should pursue its efforts to promote the principles of the Convention, taking into account the plight of children in the country, and to find solutions to bring an end to the threat of terrorism in the country.

The Government member of Zimbabwe supported the Government in its efforts to put in place legislative provisions to address issues concerning child labour. The provision of labour inspection, especially in the informal economy, was particularly significant since it provided a livelihood for a large proportion of the population and most of the exploitation of children took place in this economy. He expected that the Government would live up to its promises and endeavour to strengthen labour inspection. He expressed confidence that the information shared with the Committee provided a credible and viable basis to bring about a turnaround in the ongoing situation and supported conclusions that gave the Government some time to implement the actions planned and to engage all of the concerned stakeholders, particularly workers and employers.

The Government representative said that the Labour Act 1990 was no longer in force, but that the Labour Act 2004, as amended, was in force. Most of the issues raised on minimum age referred to child work that was not harmful to children, as opposed to child labour. She presented the National Child Labour Policy and the list of types of hazardous work prohibited for children under 18 years of age, which had been adopted in 2013 and were being implemented. Moreover, the National Action Plan for the Elimination of Child Labour 2013–17, which contained seven thematic areas and strategies to work upon a roadmap to eliminate child labour, had been adopted and was being implemented. She denied that child labour in Nigeria was due to the political situation in the country. The only problem the country was facing was terrorism, which was a global issue and not particular to Nigeria. The issue of armed groups fell under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Government had been addressing these issues separately. With respect to the Child Rights Act, Nigeria was a federation and the laws adopted by the states needed to comply with federal laws. Laws protecting children would be implemented when they had been adopted.

The Worker members emphasized that the exploitation and abuse of children in Nigeria were appalling and were depriving an entire generation from their right to education and from achieving their full potential. The large number of children working under the minimum age, often in dangerous and hazardous conditions, made it urgent for the Government to bring its law and practice into line with the Convention, in consultation with the social partners. In particular, the minimum age for admission to employment should be set at 15 years, light work should only be allowed for children aged at least 13 years and under conditions enabling them to benefit from their right to education and healthy development, and children employed in the informal economy should be covered by labour legislation so that child labour could be monitored and prevented in the informal economy. The Worker members urged the Government to communicate the list of types of hazardous work prohibited for children which had been adopted to the Committee of Experts before its next session. The Government should ensure the enforcement throughout the country of the Compulsory, Free Universal Basic Education Act of 2004 to prevent children entering the labour market due to lack of access to education. Effective enforcement would only be possible with a well-resourced labour inspectorate. There was a need to increase the number of inspectors and to ensure the provision of the necessary resources to carry out independent and effective inspections. The Worker members maintained that failure by Nigeria to act on this issue would cripple its economic development and would result in children without prospects for the future being drawn to armed groups. They expressed their appreciation of the Government’s statements and urged it to intensify the efforts undertaken in order to completely abolish child labour in consultation with the social partners.

The Employer members commended the Government for its willingness and commitment to receive technical assistance from the ILO in order to finalize the revision of the legislation. The Government was strongly urged to: strengthen its efforts to ensure the protection of children and the elimination of child labour, in both the formal and informal economies; urgently seek technical assistance from the ILO to address the identified gaps in the Labour Standards Bill; prioritize finalization of the revised Labour Standards Bill and any accompanying regulations; and take measures to improve the capacity of its labour inspectorate, including by providing it with adequate resources.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee expressed concern with the insufficient steps taken by the Government to apply the Convention in law and practice and encouraged the Government to adopt a constructive attitude.

Taking into account the discussion of the case, the Committee urged the Government to:

• - strengthen its efforts to ensure the elimination of child labour both in the formal and informal sector of the economy;
• - revise and adopt the Labour Standards Bill in consultation with the social partners in order to ensure that the minimum age for employment is set at the age of 15; light work is defined in line with Convention No. 138 and does not inhibit children’s access to education; children below the age of 13 are prohibited from engaging in any type of work; and that children in the informal economy are explicitly covered by the labour laws;
• - communicate the list of the types of hazardous work to the Committee of Experts in time for their next report;
• - increase the number and resources of labour inspectors;
• - ban soldiers from using schools for military purposes to avoid such schools being targeted for attacks and destruction;
• - bring those who perpetrate child labour to justice, including militias;
• - work with traditional leaders and state-level administration in order to eliminate the harmful impact of traditional practices on children.

The Committee called on the Government to avail itself of ILO technical assistance to achieve these recommendations.

The Worker members regretted that the Government of Nigeria had not been present during the reading and adoption of the conclusions proposed for its case.

The Employer members joined the Worker members in expressing deep disappointment with the Government of Nigeria’s failure to appear before the Committee for the reading of the conclusions.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 8 of the Convention. Artistic performances. The Committee previously noted the Government’s indication that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister. It also noted that according to section 8(2), young persons under the age of 18 years may not be employed for more than four hours a day or more than 28 hours per week, whether on school days or on holidays.

With regard to its previous comments, the Committee notes the Government’s information in its report that no permits have been issued pursuant to section 8(a)(ii) of the Labour Standards Bill and no consultations with the employers’ and workers’ organizations have been conducted on the need to issue individual permits for participation in artistic performances. The Committee recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 15 years, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority. The Committee therefore requests the Government to indicate any measures taken or envisaged to establish, in practice, a system of issuing individual permits for children under 15 years of age who are engaged in artistic and sports activities, pursuant to section 8(a)(ii) of the Labour Standards Bill, after consultations with employers’ and workers’ organizations. It also expresses the firm hope that the Government will take the necessary measures to ensure that the revised Labour Standards Bill which contains provisions regulating the participation of children in artistic performances, is adopted in the near future. Lastly the Committee requests the Government to provide information on the number of children under 15 who are involved in artistic performances.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s information that section 9(3) of the revised Labour Standards Bill establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule. The Government report also states that the revised Labour Standards Bill provides clarification of the penalty scale indicated in the First Schedule. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the revised Labour Standards Bill will provide for sufficiently dissuasive penalties for the offences related to the employment of children and young persons. It also requests the Government to provide information on the application in practice of such penalties following the adoption of the Labour Standards Bill.

Labour inspectorate. With regard to the labour inspection services, the Committee notes the Government’s information that the Ministry of Labour has embarked on specific child labour inspections and that the inspection tools and forms have been reviewed and revised accordingly. The Government states that the labour inspectorate has carried out a number of inspections through the 36 State Labour Offices and the Federal Capital Territory Labour Offices while the State Steering Committee, in collaboration with other stakeholders, have made concerted efforts in the fight against child labour in the country. The Government also indicates that budgetary provisions have been made in the 2022 Appropriation Act for the extension of Labour Inspection Services to workplaces in the informal Sector. The process of characterization, categorization and the development of effective guidelines to labour inspection in the informal sector will soon be developed by the Ministry. The Committee further notes the information provided by the Government on the data collected concerning the employment of children and young persons in the informal sector which indicated a total of 5,404 children in 2018; 6,933 in 2019; and 2,996 in 2020. The Committee requests the Government to continue to provide information on the labour inspection services carried out by the labour inspectorate as well as by the State Steering Committees for Child Labour to monitor the work performed by children and young persons, including in the informal economy and the results achieved. It further requests the Government to provide detailed information on the measures taken to extend the labour inspection services to the informal economy and their impact in eliminating child labour in the informal sector.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy and application of the Convention in practice. In response to its previous comments, the Committee notes the Government’s information in its report on the results achieved following the implementation of the measures undertaken within the framework of the National Action Plan for the Elimination of Child Labour. Accordingly, a total of 6,933 children (3,858 boys and 3,075 girls) were rescued from child labour and 120 vulnerable households were empowered. The Government also states that the second cycle of its National Policy on the Elimination of Child Labour and its National Action Plan (NAP) 2021-2025 has been launched and is currently being implemented. A State Action Plan on child labour in alignment with the NAP has been developed in the six states of Ogun, Oyo, Ondo, Niger, Lagos and Ekiti. Moreover, capacity building workshops were conducted which benefitted 85 Child Labour Desk Officers and State Controllers of Labour.

With regard to the data collected through the National Reporting Template on child labour, the Committee notes the Government’s information that from 2018 to 2020, 12,334 cases of child labour were detected, of which 2,772 children were empowered, 2, 671 children were referred to social services, and 6,891 children were reunited with their families. The Government also indicates that from 2018 to 2019, 629 prosecutions were conducted, 308 fines were imposed, and 63 persons were sentenced to imprisonment.

The Committee further notes that the ILO project entitled “Accelerating Action for the Elimination of Child Labour in Supply Chains in Africa” launched in 2018 in Nigeria (ACCEL Africa Project in Nigeria) aims to eliminate child labour in supply chains in cocoa and artisanal small-scale gold mining supply chains. This project has undertaken several activities, including: (i) strengthened systems and provided stakeholders across spheres of the society with the skills and tools required to urgently eliminate child labour and achieve SDG Target 8.7 by 2025; (ii) carried out a series of interventions on child labour, including research, the provision of school kits and re-registration of out-of-school children and other direct and indirect interventions; and (iii) conducted capacity building workshops for 37 child labour desk officers to enhance the national response to eradicate child labour, to build the requisite skill and also to equip them with the modalities of implementing the actions for the elimination of child labour. The Committee notes from an ILO Press Release of May 2021 entitled: ILO Supports Nigeria’s Response to Child Labour Emergency that in order to reduce child labour in supply chains, Nigeria is operating a Conditional Cash Transfer (CCT) Scheme with over 2.5 million households that are currently beneficiaries and which is envisaged to be extended to over one million vulnerable households within its Nigeria’s Action Pledges. The Committee, however, notes from this Press release that about fifteen million children under 14 years are engaged in economic activities and about half of this population are working in hazardous situations. While noting the measures taken by the Government, the Committee expresses its deep concern at the large number of children engaged in child labour and hazardous work in Nigeria. The Committee therefore strongly urges the Government to intensify its efforts to ensure the elimination of child labour, including within the framework of the National Action Plan 2021-2025 and the ACCEL Africa Project in Nigeria and to provide information on the concrete measures taken in this regard and the results achieved. It also requests the Government to continue to provide information on the data collected with regard to the employment of children and young persons through the National Reporting Template. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

With regard to the issues raised under Article 2(1), Article 3(2), Article 6, and Article 7(1) and (3), the Committee requests the Government to see the consolidated comments at the end.

Article 2(1). 1. Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee noted that section 60 of the revised Labour Standards Bill has broadened the definition of an employee to include, “other forms of employment both in the formal and informal economy” thereby ensuring protection for all working children, including self-employed children and children working in the informal economy. 

2. Minimum age for admission to work. Following its previous comments concerning the discrepancies on the minimum ages for employment prescribed by the national legislation, the Committee notes the Government’s information that the minimum age of 15 years for employment or work, which is the age specified at the time of ratification, has been incorporated in the revised Labour Standards Bill.

Article 3(2). Determination of hazardous work. In reply to its previous comments, the Committee notes the Government’s information that the list of types of hazardous work prohibited to children under 18 years of age has been incorporated in the third schedule of the revised Labour Standards Bill.

Article 6. Apprenticeship. With regard to the minimum age for apprenticeship, the Committee previously noted that section 46(1)A of the revised Labour Standards Bill establish a minimum age of 14 years for apprenticeship programmes.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work activities. In its previous comments, the Committee noted the Government’s information that section 8(1)A of the revised Labour Standards Bill established a minimum age of 13 years for admission to light work and lays down the conditions and hours of work permitted to children of 13 years of age in light work activities. It also noted the Government’s indication that Schedule two of the revised Labour Standards Bill provides for a list of activities that constitute light work.

Noting the Government’s information that the Labour Standards Bill has been validated by the social partners, the Committee urges the Government to take the necessary measures to ensure that the revised Labour Standards Bill which:

• (i)provides for the protection of all working children, including self-employed children and children working in the informal economy;
• (ii)provides for a minimum age of 15 years for admission to employment or work;
• (iii)provides for a list of types of hazardous work prohibited to children under 18 years;
• (iv)establishes a minimum age of 14 years for apprenticeship programmes;
• (v)establishes a minimum age of 13 years for light work activities, indicating the hours and conditions of light work; and
• (vi)provides for a list of light work activities permitted to children of 13 years

will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as a copy once it has been adopted.

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

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

Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It also noted that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultations with workers’ and employers’ organizations in the relevant industry. The Committee noted the Government’s information that no regulation on artistic performance had been adopted.

The Committee notes the Government’s indication that section 8(2) of the revised Labour Standards Bill provides for conditions for employment of children and young persons in artistic performances. According to this section, young persons under the age of 18 years may not be employed for more than four hours a day or more than 28 hours per week, whether on school days or on holidays. The Government further indicates that measures will be taken to discuss with the employers’ and workers’ organizations on the need to issue individual permits for participation in artistic performances. The Committee requests that the Government provide information on any progress made with regard to the consultation with the employers’ and workers’ organizations concerning the granting of individual permits for participation in artistic performances by children and young persons. It also requests the Government to take the necessary measures to ensure that the revised Labour Standards Bill which contains provisions regulating the participation in artistic performances of children under the age of 18 years, is adopted in the near future.

Article 9(1). Penalties. In its previous comments, the Committee noted that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee noted that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x and N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. It observed that the Bill contained no further description or clarification of these penalty measures.

The Committee notes the Government’s statement that the revised Labour Standards Bill will contain a detailed penalty scale in its first schedule. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revised Labour Standards Bill will provide clarification of the penalty scale indicated in the first schedule of the Labour Standards Bill. It requests the Government to provide information on any progress made in this regard.

Labour inspectorate. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that within the framework of the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS-II”, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each state should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities.

The Committee notes the Government’s indication that 300 new labour officers and labour inspectors have been appointed in the 36 states and the Federal Capital Territory Labour Offices in order to improve labor inspection services. It further notes the information provided by the Government, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that following the strengthening of the labour inspectorate, 4,694 child labour inspections were carried out in 2017. This report also indicates that 20 State Steering Committees on child labour were established. The Committee requests that the Government continue to provide information on the labour inspection services carried out by the labour inspectorate as well as by the State Steering Committees for Child Labour to monitor the work performed by children and young persons, including in the informal economy and the results achieved.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of a National Policy on Child Labour, 2013, followed by a National Action Plan for the Elimination of Child Labour 2013–17 (NAP) which aimed at reducing the prevalence of child labour by 2015 and its total elimination by 2020. It also noted from a report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, that among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour, with 10.5 million children involved in child labour. The Committee further noted the Government’s information that it had developed a National Reporting Template on child labour which would serve as a monitoring and evaluation mechanism thereby harmonizing the activities of each stakeholder.

The Committee notes the Government’s information in its report that the Federal Ministry of Labour and Employment carried out a capacity-building workshop to validate the National Reporting Template by the National Steering Committee in the six geopolitical zones of the country for the purpose of generating relevant and reliable data on the elimination of child labour. Moreover, this template has been forwarded to all the 36 states of the Federation, the Federal Capital Territory (FCT) of Abuja and to the various stakeholders at the state and local government levels and the responses are being collated. The Government also indicates that it has organized a workshop on capacity building for State controllers of Labour, Labour Desk Officers in the 36 states and the FCT as well as other stakeholders in the National Steering Committee on Child Labour. Furthermore, the Government indicates that the country commemorates the World day Against Child Labour annually to sensitize the public and create awareness on child labour and the need for its elimination. The Committee further notes the data provided by the Government on the application in practice of child labour provisions. Accordingly, 606 violations of child labour were detected and in three cases, prosecutions were made and sanctions were applied. However, the Committee notes that according to the report based on the Multiple Indicator Cluster Survey (MICS) 2016–17 conducted by the National Bureau of Statistics with the support from UNICEF and the United Nations Population Fund (UNFPA), 50.8 per cent of children aged between 5 and 17 are involved in child labour in Nigeria, of which 39.1 per cent are working in hazardous conditions. While noting the steps taken by the Government, the Committee expresses its deep concern at the large number of children engaged in child labour in Nigeria. The Committee therefore urges the Government to intensify its efforts to ensure the elimination of child labour as laid down in the National Policy on child labour. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved. The Committee also requests the Government to provide detailed information on the responses and data collected with regard to the employment of children and young persons through the National Reporting Template. Lastly, the Committee requests that the Government continue to provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

Article 2(1). Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee noted that section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), read in conjunction with the definition of an “employee” as laid down under section 60 of the Bill, does not apply to children working outside a formal labour relationship, such as children working on their own account or in the informal economy. In this regard, the Committee noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector, which includes crafts and artisanal work and street-related activities, as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry, and garment manufacturing. It also noted the Government’s information that the Labour Standards Bill had been withdrawn from the National Assembly and was being reviewed by the Tripartite Technical Committee (TTC) thereby making the necessary amendments in this regard.

The Committee notes the Government’s information that section 60 of the reviewed Labour Standards Bill has addressed this issue by broadening the definition of an employee to include, “other forms of employment both in the formal and informal economy” thereby ensuring protection for all working children, including self-employed children and children working in the informal economy. The Committee expresses the firm hope that the Labour Standards Bill will ensure the protection of all working children, including self-employed children and children working in the informal economy, as required by the Convention.

Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention. Noting the Government’s information that the revised Labour Standards Bill is awaiting the final validation by the social partners and other stakeholders, the Committee expresses its firm hope that this Bill, will establish a minimum age of 15 years for employment or work.

Article 3(2). Determination of hazardous work. The Committee previously noted that a list of types of hazardous work prohibited to young persons under 18 years of age had been identified and validated by the National Steering Committee. It also noted from the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, that section 60 of the Labour Standards Bill will have the list of hazardous work drafted by the National Steering Committee.

The Committee notes the Government’s information that the list of types of hazardous child labour has been finalized and incorporated into the revised Labour Standards Bill as second schedule Part A. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the list of types of hazardous child labour is adopted and implemented, thereby prohibiting hazardous types of work to children under 18 years of age. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 years to undertake an apprenticeship for a maximum period of five years, while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age. The Committee noted the Government’s information that the Stakeholders Committee on the Review of the National Labour Bills had agreed to establish the minimum age of 14 years for apprenticeship programmes, and therefore amend section 46 of the Labour Standards Bill accordingly.

The Committee notes the Government’s statement that section 46(1)A of the revised Labour Standards Bill has established a minimum age of 14 years for apprenticeship programmes. The Committee requests the Government to provide information on any progress made with regard to the adoption of the revised Labour Standards Bill which establishes a minimum age of 14 years for apprenticeship programmes, as laid down under Article 6 of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work activities. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work. It also noted that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, did not indicate the lower minimum age at which such work may be permitted. It further observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. Moreover, it observed that the maximum working hours of eight hours per day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes, as laid down under Article 7(1)(b) of the Convention. The Committee noted the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills had agreed to address these issues.

The Committee notes the Government’s information that section 8(1)A of the revised Labour Standards Bill has established a minimum age of 13 years for admission to light work. It also notes the Government’s information that section 8(1) of the revised Labour Standards Bill contains provisions providing for the conditions and hours of work permitted to children of 13 years of age in light work activities. It further states that the list of activities that constitute light work are provided in schedule two of the revised Labour Standards Bill. The Committee requests the Government to take the necessary measures to ensure that the revised Labour Standards Bill which establishes a minimum age of 13 years for admission to light work, regulates the hours and conditions of work for light work and provides for a list of light work activities permitted to children from 13 years of age, will be adopted in the near future. It requests that the Government provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It also noted that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultation with workers’ and employers’ organizations in the relevant industry. The Committee noted the Government’s information that no regulation on artistic performance has been adopted.

The Committee notes the Government’s indication that the Labour Standards Bill is being reviewed. However, the Committee notes that there does not appear to have been any discussion on artistic performances in the minutes of the Stakeholders Committee on the Review of the National Labour Bills attached to the Government’s report. The Committee reminds 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 organizations 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 therefore requests that the Government indicate whether children under the minimum age who participate in artistic performances are permitted to do so following permits issued by the competent authority as indicated under section 8(a)(ii) of the Labour Standards Bill. If so, it requests the Government to indicate whether such permits provide for limiting the hours during which, and prescribe the conditions in which, such employment or work is permitted in the revised Labour Standards Bill.

Article 9(1). Penalties. In its previous comments, the Committee noted that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee noted that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x and N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. It observed that the Bill contained no further description or clarification of these penalty measures. Noting once again the absence of information in the Government’s report on this point, the Committee once again requests that the Government take the necessary measures to provide clarification of the penalty scale indicated in the first schedule of the Labour Standards Bill, in the current process of its revision.

Labour inspectorate. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that within the framework of the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS-II”, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each state should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities.

The Committee notes the Government’s information that the National Steering Committee has developed a Reporting template that will allow all the stakeholders to report activities of child labour in various areas and places. However, the report of the Government is silent on the establishment of the State Steering Committees. The Committee therefore once again requests that the Government provide information on the establishment of the State Steering Committees in every state as well as their functioning with regard to child labour inspections undertaken.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of a National Policy on Child Labour, 2013, followed by a National Action Plan for the Elimination of Child Labour 2013–17 (NAP). It noted that the ultimate goal of the National Policy on Child Labour is to provide standardized guidelines for actors implementing the NAP with a view to drastically reducing the prevalence of child labour by 2015 and its total elimination by 2020. The Committee noted from the Government’s report that the National Policy on Child Labour would be implemented through cost-effective measures. The Committee further noted that according to a report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour, with 10.5 million children involved in child labour. The Committee expressed its deep concern at the large number of children under the minimum age for admission to employment who are working in Nigeria.

The Committee notes the Government’s information in its report that it has taken the initiative to avail itself of ILO technical support in strengthening the implementation of the NAP. In this regard, the Government reports that meetings have been held with various stakeholders and a national reporting template on child labour has been developed. It further indicates that the reporting template will serve as a monitoring and evaluation mechanism thereby ensuring that the activities of each stakeholder are harmonized. It will also provide a benchmark for the annual report on child labour activities in the country. The Committee takes note, from the ILO Office in Abuja, that this reporting template has been validated by the members of the National Steering Committee on child labour, along with guidelines for completing the reporting template. These documents will help the Child Labour Unit monitor the interventions on the elimination of child labour at the national level. While noting the steps taken by the Government, the Committee urges it to strengthen its efforts to ensure the elimination of child labour. The Committee further requests that the Government continue to provide detailed information on the implementation of the NAP and the results achieved in eliminating child labour in the country, in particular results from the reporting templates. Lastly, the Committee requests that the Government provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and gender.

Article 2(1). Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Labour Act applies to all employees. An “employee”, according to section 60 of the Bill, means any person employed by another under oral or written contract of employment, whether on a continuous, part-time, temporary or casual basis, and includes a domestic servant who is not a member of the family of the employer. The Committee observed that children working outside a formal labour relationship, such as children working on their own account or in the informal economy, are excluded from the provisions giving effect to the Convention. In this regard, the Committee noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector, which includes crafts and artisanal work and street-related activities, as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry, and garment manufacturing. The Committee noted the statement made by the Government representative of Nigeria to the Conference Committee on the Application of Standards of June 2016 that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision. The Government representative further indicated that this revision would be done in consultation with the social partners, and would take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy. The Committee urged the Government to take the necessary measures to revise the Labour Standards Bill, thereby ensuring the protection for all working children, including self-employed children and children working in the informal economy. It also requested that the Government take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

The Committee notes the Government’s information that the Labour Standards Bill has been withdrawn from the National Assembly and is now being reviewed by the Tripartite Technical Committee. The Government indicates that the Tripartite Technical Committee has made the necessary amendments to ensure that the definition of an “employee” gives protection to all working children in both the formal and informal economy. This is reflected in the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, attached to the Government’s report. The Committee urges the Government to take the necessary measures to ensure that the Labour Standards Bill, which establishes the protection of all working children, including self-employed children and children working in the informal economy, is officially adopted in the near future. It requests that the Government provide information on any progress made in this regard. It further requests that the Government provide information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate to the informal economy.

2. Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention.

The Committee takes note of the indication of the Government that the minimum age for employment or work is 15 years, as per the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017. The Committee urges the Government to take the necessary steps to ensure that the Labour Standards Bill, which establishes a minimum age of 15 years for employment or work, is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted from a report entitled “List of hazardous child labour in Nigeria”, 2013, by the Federal Ministry of Labour and Productivity, that a study was conducted to identify and determine the most hazardous conditions to which children under 18 years are exposed in various occupations in Nigeria. The study identified certain hazardous types of work, including agriculture (cocoa and rice farming), quarrying, artisanal mining, traditional tie and dye, processing of animal skin, domestic services, scavenging and recycling collection, street work, begging, construction and transport works. The Committee noted that at the Conference Committee, the Government representative of Nigeria stated that the “List of hazardous child labour in Nigeria”, which provided maximum protection for children from extremely hazardous working conditions, had been adopted. The Committee noted with concern that the copy of the hazardous list, which the Government representative of Nigeria was referring to and which had been sent along with its recent report, was not a regulation prohibiting hazardous types of work, but a study that was conducted by a technical subcommittee set up by the National Steering Committee to identify the most hazardous conditions to which children under 18 years are exposed in Nigeria. The report based on the study, in its recommendations, states that “the urgent need to prohibit the involvement of children in identified tasks/activities should be accorded priority”. The Committee further noted the ILO–IPEC information that the final list of hazardous work identified in the study has been validated by the National Steering Committee and is currently awaiting official endorsement.

The Committee notes the Government’s information that the necessary amendments were made to establish the list of hazardous work prohibited to children under 18 years of age. It notes from the minutes of the Stakeholders Committee on the Review of the National Labour Bills of 4 May 2017, that in relation to the list of hazardous work drafted by the National Steering Committee, section 60 of the Labour Standards Bill should have as its first schedule, section 7(2)(d): “List of hazardous work”. The Committee once again urges the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous child labour is adopted and implemented, thereby prohibiting hazardous types of work to children under 18 years of age. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 years to undertake an apprenticeship for a maximum period of five years, while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age. The Committee noted the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would establish a minimum age of 14 years for apprenticeship programmes.

The Committee notes the Government’s information that the Stakeholders Committee on the Review of the National Labour Bills has agreed to establish the minimum age of 14 years for apprenticeship programmes, and therefore amend section 46 of the Labour Standards Bill accordingly. The Committee urges the Government to take the necessary steps to ensure that the Labour Standards Bill, establishing a minimum age of 14 years for apprenticeship programmes, is revised and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work. It also noted that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, does not indicate the lower minimum age at which such work may be permitted. In this regard, the Committee noted that according to the Multiple Indicator Cluster Survey Report of 2011 (UNICEF–National Bureau of Statistics, Nigeria), 47 per cent of children aged between 5 and 14 years were engaged in child labour. It reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13–15 years to perform 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 noted the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would fix the lower minimum age of 13 years for admission to light work.

The Committee notes the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills has agreed to establish the minimum age of 13 years for admission to light work. The Committee accordingly urges the Government to take the necessary steps to ensure that the Labour Standards Bill establishing a minimum age of 13 years for admission to light work is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(3). Determination of light work. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. It also observed that the maximum working hours of eight hours per day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes, as laid down under Article 7(1)(b) of the Convention. It noted that the Labour Standards Bill did not contain any provision regulating the employment of children in light work. The Committee 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 noted the statement made by the Government representative that the revision of the Labour Standards Bill would ensure that the light work activities by children aged 13 years and above is regulated.

The Committee notes the Government’s indication that the Stakeholders Committee on the Review of the National Labour Bills agreed with the ILO recommendations on light work conditions and maximum hours of work, but requests further ILO technical assistance for the drafting of the list of light work conditions. The Committee accordingly urges the Government to take the necessary measures, during the current revision of the Labour Standards Bill, to regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken, as well as the types of activities that constitute light work. It requests that the Government provide information on the measures taken in this regard.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments while currently revising the Labour Standards Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee once again reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of a National Policy on Child Labour, 2013, followed by a National Action Plan (NAP) for the Elimination of Child Labour 2013–17. It noted that the ultimate goal of the National Policy on Child Labour is to provide standardized guidelines for actors implementing the NAP with a view to drastically reducing the prevalence of child labour by 2015 and its total elimination by 2020. The Committee also noted the various strategies outlined in the NAP for the implementation of the national policy, including: (i) raising awareness on the harmful effects of child labour; (ii) developing the capacities of national institutions and civil society for the reduction/elimination of child labour; (iii) mobilizing the support of international stakeholders and development partners for the reduction/elimination of child labour; (iv) identifying specific activities to be implemented by various sectors and stakeholders; and (v) designing advocacy tools for use by sectors in the fight against child labour.

The Committee notes from the Government’s report that the National Policy on Child Labour will be implemented through cost-effective measures whereby: (i) the federal, state and local governments will make child labour a priority item for budgetary appropriation; (ii) the federal, state and local governments in collaboration with the social partners, NGOs and international agencies will mobilize resources and participate fully in the fight against child labour; (iii) funds allocated for the purpose of eliminating child labour will be released in time and utilized judiciously; and (iv) there will be facilitation of support for NGOs by coordinating bodies at the various levels of governance. The Government also indicates that this policy has resulted in specific achievements such as: (i) organizing yearly, the World Day against Child Labour sensitization programmes; (ii) formation of more state steering committees on child labour; (iii) and bimonthly meetings of the National Steering Committee on Child Labour in order to monitor the implementation of the NAP. The Committee requests that the Government provide detailed information on the implementation of the NAP and the results achieved in eliminating child labour in the country.

Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It also noted that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultation with workers’ and employers’ organizations in the relevant industry.

The Committee notes the Government’s information that no regulation on artistic performance has been adopted. The Committee reminds 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 organizations 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 therefore requests that the Government indicate whether children under the minimum age who participate in artistic performances are allowed to do so following permits issued by the competent authority as indicated under section 8(a)(ii) of the Labour Standards Bill. If so, it requests that the Government indicate whether such permits provide for limiting the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1). Penalties. In its previous comments, the Committee noted that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee noted that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x and N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. It observed that the Bill contained no further description or clarification of these penalty measures. Noting the absence of information in the Government’s report on this point, the Committee once again requests that the Government take the necessary measures to provide clarification of the penalty scale indicated in the first schedule of the Labour Standards Bill.

Labour inspectorate. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that within the framework of the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS-II”, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each state should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities. The Committee requests that the Government provide information on the establishment of the State Steering Committees in every state as well as their functioning with regard to child labour inspections carried out.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the Government’s report dated 24 August 2016 as well as of the detailed discussion which took place at the 105th Session of the Conference Committee on the Application of Standards in June 2016, concerning the application by Nigeria of the Convention. The Committee notes that the Conference Committee expressed concern with the insufficient steps taken by the Government to apply the Convention in law and practice and encouraged the Government to adopt a constructive attitude.

Article 2(1) of the Convention. Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Labour Act applies to all employees. An “employee”, according to section 60 of the Bill, means any person employed by another under oral or written contract of employment whether on a continuous, part-time, temporary or casual basis and includes a domestic servant who is not a member of the family of the employer. The Committee observed that children working outside a formal labour relationship, such as children working on their own account or in the informal economy are excluded from the provisions giving effect to the Convention. In this regard, the Committee noted from the document on the National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector which includes crafts and artisanal work and street-related activities as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry, and garments manufacturing. The Committee requested the Government to take the necessary measures to ensure that all children, including self-employed children and children working in the informal economy, benefit from the protection laid down in the Labour Act. It requested that the Government review the relevant provisions of the Labour Standards Bill as well as take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

The Committee notes the statement made by the Government representative of Nigeria to the Conference Committee that the Government had commenced the process of withdrawing the Labour Standards Bill, which was pending before the National Assembly, for further revision. The Government representative further indicated that this revision would be done in consultation with the social partners and will take into consideration the issues relating to ensuring protection for all working children, including self-employed children and children working in the informal economy, as well as provisions to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy. In this regard, the Committee notes the Government’s information in its report that programmes and workshops related to labour inspection in the informal economy are being carried out. The Committee urges the Government to take the necessary measures to revise the Labour Standards Bill thereby ensuring protection for all working children, including self-employed children and children working in the informal economy. It requests that the Government provide information on any progress made in this regard. It further requests that the Government provide information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate to the informal economy.

2. Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation. It noted that section 8(1) of the Labour Standards Bill prohibits the employment of a child (defined as persons under the age of 15 years (section 60)), in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observed that section 8(1) which establishes a minimum age of 15 years for employment or work as specified at the time of ratification is in conformity with Article 2(1) of the Convention. The Committee urges the Government to take the necessary measures to ensure that the Labour Standards Bill, which establishes a minimum age of 15 years for employment or work, is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted from a report entitled “List of Hazardous Child Labour in Nigeria, 2013”, by the Federal Ministry of Labour and Productivity, that a study was conducted to identify and determine the most hazardous conditions to which children under 18 years are exposed in various occupations in Nigeria. The study identified certain hazardous types of work including agriculture (cocoa and rice farming), quarrying, artisanal mining, traditional tie and dye, processing of animal skin, domestic services, scavenging and recycling collection, street work, begging, construction and transport works.

The Committee notes that at the Conference Committee the Government representative of Nigeria stated that the “List of Hazardous Child Labour in Nigeria”, which provided maximum protection for children from extremely hazardous working conditions, has been adopted. The Committee notes with concern that the copy of the hazardous list, which the Government representative of Nigeria was referring to and which has been sent along with its recent report, was not a regulation prohibiting hazardous types of work, but a study that was conducted by a sub-technical committee set up by the National Steering Committee to identify the most hazardous conditions to which children under 18 years are exposed in Nigeria. The report based on the study, in its recommendations, states that “the urgent need to prohibit the involvement of children in identified tasks/activities should be accorded priority”. The Committee further notes the information from the ILO–IPEC that the final list of hazardous work identified in the study has been validated by the National Steering Committee and is currently awaiting official endorsement. The Committee therefore urges the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous child labour, identified by the sub-technical committee set up by the National Steering Committee, is adopted, thereby prohibiting hazardous types of work to children under 18 years. It requests that the Government provide information on the progress made in this regard.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12–16 years to undertake an apprenticeship for a maximum period of five years while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship. It observed that sections 46 and 47 of the Labour Standards Bill of 2008 lay down the terms and conditions for entering into a contract of apprenticeship, but do not specify a minimum age for apprenticeship.

The Committee notes the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill will establish a minimum age of 14 years for apprenticeship programmes. The Committee urges the Government to take the necessary measures to ensure that the Labour Standards Bill will be revised in the near future and that a minimum age of 14 years for apprenticeship programmes will be established so as to be in conformity with Article 6 of the Convention. It requests that the Government provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work. It also noted that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, does not indicate the lower minimum age at which such work may be permitted. In this regard, the Committee noted that according to the Multiple Indicator Cluster Survey Report of 2011 (UNICEF–National Bureau of Statistics, Nigeria), 47 per cent of children aged between 5 and 14 years are engaged in child labour. It reminded the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13–15 years to perform 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 notes the statement made by the Government representative to the Conference Committee that the revision of the Labour Standards Bill would fix the lower minimum age of 13 years for admission to light work. The Committee accordingly urges the Government to take the necessary measures to ensure that the revision of the Labour Standards Bill will establish a minimum age of 13 years for admission to light work, in conformity with Article 7(1) of the Convention.

Article 7(3). Determination of light work. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. It also observed that the maximum working hours of eight hours a day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes as laid down under Article 7(1)(b) of the Convention. It noted that the Labour Standards Bill did not contain any provision regulating the employment of children in light work. The Committee 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 notes the statement made by the Government representative that the revision of the Labour Standards Bill will ensure that the light work activities by children of 13 years is regulated. The Committee accordingly urges the Government to take the necessary measures, during the revision of the Labour Standards Bill, to regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken, as well as the types of activities that constitute light work. It requests that the Government provide information on the measures taken in this regard.

Application of the Convention in practice. In its previous comments, the Committee noted from the ILO–IPEC report of 2014 that various activities were undertaken within the ECOWAS-II project to combat child labour. It also noted from the ILO–IPEC report that a baseline survey on child labour in artisanal and small-scale mining conducted in 2011 in seven states indicated an increasing involvement of children in these sectors. The Committee further noted that according to a report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour with 10.5 million children involved in child labour. The Committee expressed its deep concern at the large number of children under the minimum age for admission to employment who are working in Nigeria. Noting the absence of information in the Government’s report on this point, the Committee urges the Government to strengthen its efforts to ensure the elimination of child labour. It requests that the Government provide information on the manner in which the Convention is applied in practice, including updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while revising the Labour Standards Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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

[The Government is asked to reply in full to the present comments in 2017.]

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Federal Executive Council adopted the National Policy on Child Labour and approved the National Action Plan (NAP) for the Elimination of Child Labour 2013–17 in September 2013. The Committee notes that the ultimate goal of the national policy on child labour is to provide standardized guidelines for actors implementing the NAP with a view to drastically reducing the prevalence of child labour by 2015 and its total elimination by 2020. The NAP provides the roadmap for the implementation of the national policy, through a variety of strategies including: (i) raising awareness on the harmful effects of child labour; (ii) developing the capacities of national institutions and civil society for the reduction/elimination of child labour; (iii) mobilizing the support of international stakeholders and development partners for reduction/elimination of child labour; (iv) identifying specific activities to be implemented by various sectors and stakeholders; and (v) designing advocacy tools for use by sectors in the fight against child labour. The Committee requests the Government to provide detailed information on the implementation of the NAP and the results achieved in eliminating child labour in the country.

Article 8. Artistic performances. The Committee previously observed that according to section 12(2) of the Child Rights Act, children under 18 are entitled to participate in cultural and artistic activities of the Nigerian, African and world communities. It 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 organizations 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 notes that section 8(a)(ii) of the Labour Standards Bill provides for an exception to the minimum age provisions whereby a child may be employed following a permit issued by the Minister, after consultation with employees and employers organizations in the relevant industry. The Committee requests the Government to indicate whether children under the minimum age who participate in artistic performances are allowed to do so following permits issued by the competent authority as indicated under section 8(a)(ii) of the Labour Standards Bill. If so, it requests the Government to indicate whether such permits provides for limiting the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1). Penalties. Following its previous comments, the Committee notes that section 9(3) of the Labour Standards Bill of 2008, establishes penalties for the offences related to the employment of children and young persons as prescribed in the First Schedule of the Bill. The Committee notes that the scale of penalties contained in this schedule only indicates Nx, N2x, N4x, N10x as administrative penalties for each contravention and Ny and N4y for the maximum fines for first and second contraventions respectively. There appears to be no further description or clarification of these penalty measures. The Committee therefore requests the Government to take the necessary measures to provide clarification of the penalty scale indicated in the first schedule of the Bill.

Labour inspectorate. The Committee notes from the ILO–IPEC report of 2014 that within the framework of the project entitled, Eliminating the worst forms of child labour in West Africa and Strengthening Subregional Cooperation through ECOWAS-II, child labour inspection workshops for labour inspectors of the Federal Ministry of Labour and Productivity were conducted in Lagos and Abuja in April 2014. These workshops were attended by 96 labour inspectors during which a tool for monitoring and reporting of child labour activities was developed and validated for use at the state level. It was also mandated that each State should establish its State Steering Committee (SSC) on Child Labour to implement monitoring activities. The Committee requests the Government to provide information on the establishment of the State Steering Committees in every State as well as their functioning with regard to child labour inspections carried out.

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

Article 2(1) of the Convention. Scope of application. 1. Self-employment and work in the informal economy. The Committee previously noted that by virtue of section 91 of the Labour Act, a worker is a person who has entered into an oral or written contract with an employer. Accordingly, it reminded the Government that the Convention applies to all types of work or employment regardless of the existence of a contractual relationship and requested it to provide information on the measures taken or envisaged in this regard.

The Committee notes that according to section 2 of the Labour Standards Bill of 2008 (Labour Standards Bill), the Act applies to all employees. An “employee”, according to section 60 of the Bill, means any person employed by another under oral or written contract of employment whether on a continuous, part-time, temporary or casual basis and includes a domestic servant who is not a member of the family of the employer. This again implies that children working outside a formal labour relationship, such as children working on their own account or in the informal economy are excluded from the provisions giving effect to the Convention. In this regard, the Committee notes from the document on National Policy on Child Labour, 2013, that child labour is more prevalent in the informal sector which includes crafts/artisanal work and street-related activities as well as in semi-formal sectors which includes activities in commercial agricultural plantations, domestic and hospitality services, the transport industry and garments manufacturing. In this regard, referring to the General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 343), the Committee points out that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure that all children, including self-employed children and children working in the informal economy, benefit from the protection laid down in the Labour Act. In this respect, it requests the Government to review the relevant provisions of the Labour Standards Bill in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

2. Minimum age for admission to work. The Committee previously noted with concern the various minimum ages, some of them too low, prescribed by the national legislation.

The Committee notes that according to section 8(1) of the Labour Standards Bill, no child (defined as persons under the age of 15 years (section 60)), shall be employed or work in any capacity, except where he/she is employed by a member of his/her family on light work of an agricultural, horticultural or domestic character. The Committee observes that section 8(1) of the Bill is in conformity with Article 2(1) of the Convention (by establishing a minimum age of 15 years as specified at the time of ratification). The Committee expresses the firm hope that the Labour Standards Bill which establishes a minimum age of 15 years for employment or work is adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted that neither the Labour Act of 1990 nor the Child Rights Act of 2003 provided for a comprehensive list of types of hazardous work, to be prohibited to children under 18.

The Committee notes from a report entitled, List of Hazardous Child Labour in Nigeria, 2013, by the Federal Ministry of Labour and Productivity that, a study was conducted to identify and determine the most hazardous conditions to which children under 18 years are exposed in various occupations in Nigeria. The study identified certain hazardous types of work including agriculture (cocoa and rice farming), quarrying, artisanal mining, traditional tie and dye, processing of animal skin, domestic services, scavenging and recycling collection, street work, begging, construction and transport works. The Committee further notes the information from the ILO–IPEC report of 2014 that the final list of hazardous work has been validated by the National Steering Committee and is currently awaiting official endorsement. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under 18 years will be finalized and adopted in the near future. It requests the Government to provide information on the progress made in this regard and to supply a copy, once it has been adopted.

Article 6. Apprenticeship. The Committee previously noted that section 49(1) of the Labour Act permitted a person aged 12 to 16 years to undertake an apprenticeship for a maximum period of five years while section 52(a) and (e) empowered the Minister to issue regulations on the terms and conditions of apprenticeship.

The Committee observes that although sections 46 and 47 of the Bill of 2008 lays down the terms and conditions for entering into a contract of apprenticeship, it does not specify a minimum age for apprenticeship. Recalling that Article 6 of the Convention authorizes work to be carried out in enterprises within the context of an apprenticeship programme by persons of at least 14 years of age, the Committee requests the Government to take the necessary measures to ensure that children under the age of 14 years are not permitted to undergo an apprenticeship programme. In this regard, the Committee expresses the firm hope that the necessary amendments to the Labour Standards Bill will be adopted in order to bring it into conformity with Article 6 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously observed that the Labour Act did not provide for a minimum age for admission to light work.

The Committee notes that section 8 of the Labour Standards Bill, while allowing the employment of children under the age of 15 years in light work of an agricultural, horticultural or domestic character, does not indicate the lower minimum age at which such work may be permitted. In this regard, the Committee notes that according to the Multiple Indicator Cluster Survey Report of 2011 (UNICEF–National Bureau of Statistics, Nigeria), 47 per cent of children aged between 5 and 14 years are engaged in child labour. The Committee, therefore reminds the Government that, according to Article 7(1) of the Convention, national laws or regulations may permit children aged 13 to 15 years to perform 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 establish a minimum age for admission to light work, in conformity with Article 7(1) of the Convention.

Article 7(3). Determination of light work. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken and the number of hours during which such work may be permitted were not clearly defined in the Labour Act. It also observed that the maximum working hours of eight hours a day prescribed under section 59(8) of the Labour Act would necessarily prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes as laid down under Article 7(1)(b) of the Convention.

The Committee notes that the Labour Standards Bill does not contain any provision regulating the employment of children in light work. The Committee therefore once again draws 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 regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken, as well as the types of activities that constitute light work. It requests the Government to provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes from the ILO–IPEC report of 2014 that within the ECOWAS-II project, 37 activities were implemented in Nigeria, including capacity-building activities for the Child Protection Network and the State Steering Committees on Child labour; sensitization campaigns against child labour in the informal economy, particularly in market places in the States of Ogun, Abeokuta, Abuja and Ibadan; and school-based awareness campaigns. The ILO–IPEC report also states that a baseline survey on child labour in artisanal and small-scale mining conducted in 2011 in seven states indicated an increasing involvement of children in these sectors. The Committee further notes that according to a report entitled, “the Twin Challenges of child labour and educational marginalization in the ECOWAS region” by Understanding Children’s Work, a joint ILO–UNICEF–World Bank interagency research cooperation project, among the ECOWAS countries, Nigeria has the largest number of 5–14 year olds in child labour with 10.5 million children involved in child labour. The Committee notes the measures taken by the Government. However, it notes with deep concern the large number of children under the minimum age for admission to employment who are working in Nigeria. The Committee urges the Government to strengthen its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the manner in which the Convention is applied in practice, including, updated statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while finalizing the Labour Standards Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention.

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

[The Government is asked to supply full particulars to the Conference at its 105th Session and to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Nigeria has participated in several of ILO–IPEC’s regional projects, such as the “West Africa cocoa/commercial agriculture programme to combat hazardous and exploitative child labour” (WACAP project 2002–06) and the project entitled “Eliminating the worst forms of child labour in West Africa and strengthening subregional cooperation through ECOWAS” (ECOWAS project-II, 2009–13). The Committee notes the information from ILO–IPEC that, within the framework of the WACAP project, a total of 1,017 children were assisted through educational services and 528 children benefited through non-educational services, while 505 families of child beneficiaries were trained in various income-generating activities. It also notes that within the ECOWAS project: (i) a National Policy on Child Labour and a National Action Plan against Child Labour (NAPCL) have been drafted and presented before the National Steering Committee for validation; (ii) a subcommittee for the identification of hazardous work in Nigeria has been constituted; (iii) a two-day capacity-building and sensitization workshop on child labour was held in May 2012 in Abeokuta and Ibadan; and (iv) three main market sensitization rallies on the hazards of child labour and importance of education were held in Abeokuta, Abuja and Ibadan markets in June 2012. The Committee requests the Government to take the necessary measures to validate and adopt the National Policy on Child Labour and the National Action Plan against Child Labour developed within the ECOWAS project. It also requests the Government to provide information on its implementation and impact on eliminating child labour.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments the Committee notes that according to section 2 of the Compulsory, Free Universal Basic Education Act of 2004, every state government in Nigeria shall provide free and compulsory basic education for every child of primary and junior secondary school age and that all parents should ensure that their children attend and complete compulsory education. According to section 15 of the Act of 2004, primary education covers six years of education between the ages of 6 and 12 years and junior secondary education includes three years of education from 12 to 15 years. The Committee consequently notes 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 notes, however, that the Committee on the Rights of the Child, in its concluding observation of 21 June 2010, expressed concern at the high percentage of the primary school-age population that is not enrolled in schools as well as the very low national primary school completion rate and the low net secondary school enrolment rate (CRC/C/NGA/CO/3-4, paragraph 71). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the country’s education system, particularly by increasing the primary and secondary enrolment rates and decreasing the drop-out rates. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 8. Artistic performances. The Committee had previously 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. It had 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 organizations 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to grant permits as well as to prescribe the conditions subject to which permits are granted for children under the minimum age and who are willing to participate in artistic performances.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that the penalties under the Labour Law have been reviewed and the fines imposed have been increased in the Labour Standards Bill which is currently before the National Assembly. The Committee expresses the firm hope that the Labour Standards Bill which provides for effective and increased penalties and fines for violations of the Labour Law, including the violation of the child labour provisions, will be adopted in the near future. It also requests the Government to provide information on the applicability of the Labour Standards Bill in all of the 36 states of the Federation. The Committee finally requests the Government to provide a copy of the Labour Standards Bill, once it has been adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope of application. 1. Self-employed children. The Committee had previously noted that by virtue of section 91 of the Labour Act, 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 had 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, such as self-employment. Noting the absence of information in the Government’s report, the Committee once again 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. In this respect, it requests the Government to envisage the possibility of amending section 91 of the Labour Act as well as taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to work. The Committee had noted that by virtue of 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 had also noted that, according to sections 28(1)(b) and 277 of the Child Rights Act of 2003, 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”. Moreover, the Committee had observed that section 7(1) of the draft Labour Standards Bill of 2004 follows the same wording as that of section 59(1) of the Labour Act of 1990, in other words, fixing a general minimum age of admission to work or employment of 12 years and did not appear to modify the Labour Act of 1990 in light of the relevant provisions of the Child Rights Act of 2003. In this regard, the Committee had noted with concern that the national legislation provided for a wide variety of minimum ages, and that many of these minimum ages were too low.

The Committee notes the Government’s statement that the Legal Departments of the Federal Ministry of Labour and Productivity and the Federal Ministry of Women’s Affairs and Social Development have been required to provide legal advice on this matter. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to harmonize its legislation and to provide for a general minimum age for admission to employment or work of 15 years. The Committee requests the Government to provide information on any progress made in this regard.

3. Children working in agriculture and domestic services. The Committee notes that the Labour Act permits the employment of children under the age of 12 years in agriculture, horticulture and domestic services. Section 65 of the Labour Act further provides that the Minister may make regulations concerning the employment of women and young persons as domestic servants. The Committee notes that, according to the UNICEF Information Sheet on Child Labour in Nigeria, 2006, an estimated 15 million children under the age of 14 years work in Nigeria, mostly in the semi-formal and informal economy with hundreds of thousands of young domestic workers working for prosperous urban families. It also notes the information from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that children in Nigeria are engaged in dangerous activities in agriculture and domestic service. Children engaged in work in cocoa plantations are often exposed to pesticides and chemical fertilizers. The Committee expresses its serious concern at the situation and number of children below the minimum age who work as domestic workers and in the agricultural sector. 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 work in agriculture or in domestic work, except for light work as laid down under Article 7(1) of the Convention. It also asks the Government to indicate whether a regulation on domestic service was adopted pursuant to section 65 of the Labour Act.

Article 3(2). Determination of hazardous work. The Committee had previously 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. It had therefore requested 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.

The Committee notes the Government’s indication that the Occupational Safety and Health Bill, which is currently before the National Assembly for approval, contains the list of types of hazardous work prohibited to young persons under the age of 18 years. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Occupational Safety and Health Bill, which contains a list of types of hazardous work prohibited to young persons under the age of 18 years, will be adopted in the near future. It requests the Government to supply a copy, once it has been adopted.

Article 6. Apprenticeship. The Committee had previously 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 had also noted that the Committee on the Rights of the Child (CRC) expressed its concern at the exploitation and abuse that commonly take place in apprenticeships (CRC/C/15/Add.257, 28 January 2005, paragraph 73). The Committee had 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. Noting that the Government’s report does not contain a reply to its previous comment, the Committee once again requests 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 had previously observed that neither the provisions under section 59(1) of the Labour Act, nor section 28(1)(b) of the Child Rights Act provide for a minimum age for admission to light work.

The Committee notes the Government’s information that in practice children under 12 years of age do not perform light work. The Committee notes, however, that according to the Multiple Indicator Cluster Survey Report of 2007 (UNICEF/National Bureau of Statistics, Nigeria), 29 per cent of children aged between 5 and 14 years are engaged in child labour. The Committee once again reminds 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. In this regard, the Committee draws the Government’s attention to paragraph 393 of the General Survey of 2012 on the fundamental Conventions concerning rights at work, on the requirement to establish a minimum age for admission to light work, in conformity with the Convention. 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. In its previous comments, the Committee observed that the conditions in which light work activities may be undertaken were not clearly defined in the Labour Act or in the Child Rights Act.

The Committee notes the Government’s reference to section 59(3) and (8) of the Labour Act. According to section 59(3), young persons under the age of 14 years may be employed only on a daily wage, on a day-to-day basis and as long as they return to their place of residence each night. Section 59(8) further states that no young persons under the age of 16 years shall be required to work for a longer period than four consecutive hours or permitted to work for more than eight working hours in any day. The Committee observes that section 59(3) does not prescribe the number of hours during which light work may be permitted to young persons under the age of 14 years. It further observes that the maximum working hours of eight hours a day prescribed under section 59(8) may prejudice the attendance of young persons below the age of 15 years at school or vocational orientation or training programmes as laid down under Article 7(1)(b) of the Convention. The Committee therefore once again draws 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 regulate the employment of persons between 13 and 15 years of age in light work, by determining the number of hours during which, and the conditions in which, light work in the agricultural, horticultural and domestic sectors may be undertaken as well as the types of activities that constitute light work. It requests the Government to provide information on the measures taken in this regard.

Part III of the report form. Labour inspectorate. The Committee notes from the Government’s report of 2009 under the Labour Inspection Convention, 1947 (No. 81), that the labour inspectorate has not been very effective for the following reasons: (i) inadequate manpower and working materials; (ii) inadequate funding and capacity building; and (iii) obsolete laws (to the extent that the labour laws are reviewed but are pending at the National Assembly for approval). The Government’s report under Convention No. 81 further indicated that the Government has established child labour units in all the 36 states and the Federal Capital Territory with the responsibility of coordinating child labour inspection. The Committee requests the Government to provide information on the functioning of the child labour units with regard to the child labour inspections carried out and on the number and nature of violations detected. It also requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Part V of the report form. Application of the Convention in practice. The Committee notes from the concluding observations of the CRC of June 2010 that, in Nigeria, public awareness campaigns to combat the economic exploitation of children were carried out, child labour units were established in all states and a survey was conducted in 2008 to identify the prevalence and nature of child labour. The CRC, however, remained seriously concerned at the very high number of children engaged in child labour, in particular in its worst forms (CRC/C/NGA/CO/3-4, paragraph 82). The Committee further notes the information from a report available on the website of the UNHCR that in May 2011 the Ministry of Labour and Productivity (MOLP) reportedly collected data from state governments on the prevalence of child labour. The Committee requests the Government to provide information on the data collected on the situation of working children in Nigeria during the 2008 survey and by the MOLP in 2011. The Committee also requests the Government 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 encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that, for the fifth 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:

Repetition

Article 1 of the Convention. 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.

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). 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.

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.

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. Labour inspectorate. 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. Application of the Convention in practice. 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.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret, for the third consecutive year, 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:

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, paragraph 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, paragraph 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, paragraph 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, paragraph 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, paragraph 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, paragraph 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.

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

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:

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, paragraph 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, paragraph 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, paragraph 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, paragraph 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 to 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 to 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, paragraph 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, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 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 to 15 years may perform light work.

Article 7, paragraph 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, paragraph 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, paragraph 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, paragraph 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, paragraph 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 to 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

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, paragraph 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, paragraph 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, paragraph 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, paragraph 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 to 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 to 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, paragraph 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, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 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 to 15 years may perform light work.

Article 7, paragraph 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, paragraph 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, paragraph 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, paragraph 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, paragraph 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 five to nine 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s first and second reports. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. 1. National policy on children. The Committee notes 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 notes 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, paragraph 1. 1. Scope of application. The Committee notes 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 reminds 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 notes 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 notes 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 notes 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 notes that the Child Rights Act has entered into force in only four of the 36 states of Nigeria. Moreover, the Committee observes 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 notes 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 reminds 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, paragraph 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 notes 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 notes 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, paragraph 3. Age of completion of compulsory schooling. The Committee notes 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 adds 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 notes 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, paragraph 2. Determination of hazardous work. The Committee notes 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 notes 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 notes 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 notes 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 draws 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 notes that, according to section 49(1) of the Labour Act, a person aged 12 to 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 to 16 years into apprenticeship (section 52(e) of the Labour Act). The Committee also notes 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 reminds 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, paragraph 1. Minimum age for admission to light work. The Committee notes 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 notes that neither the Labour Act nor the Child Rights Act provides for a minimum age for admission to light work. The Committee reminds the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of children aged 13 to 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 to 15 years may perform light work.

Article 7, paragraph 3. Determination of light work. The Committee observes 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 notes that the conditions in which light work activities may be undertaken are not clearly defined. The Committee reminds the Government that, according to Article 7, paragraph 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 draws 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, paragraph 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 observes 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 reminds 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, paragraph 1.  Penalties. The Committee notes 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 observes 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 reminds the Government that, under Article 9, paragraph 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 notes 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 notes 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 observes that 70 per cent of the child workers started work when they were five to nine years of age. The Committee expresses 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.