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

Forced Labour Convention, 1930 (No. 29) - Nigeria (Ratification: 1960)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In response to its previous comments on the application of effective sanctions to cases of trafficking, the Committee notes the Government’s information in its report that the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) undertook several measures for the effective implementation of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 (Anti-Trafficking Act of 2015). These include: (i) increased efforts to investigate, prosecute and convict perpetrators of trafficking in persons and impose sufficiently stringent sentences involving imprisonment; (ii) facilitation of training for local, state and federal judges on the Anti-Trafficking Act of 2015, especially on the provision prohibiting the issuance of fines in lieu of imprisonment; (iii) proposals for a special court for trafficking in persons cases; and (iv) enactment of the Trafficking in Persons (Control of Activities of Organisations and Centres) Regulations, 2019. The Government also indicates that the Anti-Trafficking Act of 2015 is undergoing review to establish stiffer penalties for offences related to trafficking in persons.

The Committee notes that according to the data collected by the NAPTIP from 2018 to 2021, there were a total of 901 cases related to trafficking in persons for purposes of labour or sexual exploitation, and a total of 3,485 victims were rescued. It also notes the detailed information provided by the Government on the legal proceedings and convictions for trafficking-related offences under the Anti-Trafficking Act of 2015. Accordingly, from 2013 to 2021 there were 492 convictions registered. Among the 10 convictions handed down from January to March 2021, the Committee observes that in three cases offenders were sentenced to imprisonment ranging from five to seven years with an option of fines. In this regard, the Committee notes that the United Nations Special Rapporteur for trafficking in persons, especially women and children, in her end of visit statement of September 2018 stated that considering the magnitude of the phenomenon in the country, investigations and prosecutions need serious and robust improvement.

The Committee once again emphasizes the importance that appropriate criminal penalties be imposed on perpetrators andrecalls that when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to continue to take the necessary measures to ensure that all cases of trafficking are subject to thorough investigations and that sufficiently dissuasive penalties of imprisonment are imposed on persons who engage in trafficking. The Committee further requests the Government to continue providing information on the activities of the NAPTIP aimed at strengthening the capacities of law enforcement bodies in this regard. The Committee also requests the Government to provide statistical data on cases of trafficking for purposes labour or sexual exploitation, as well as information on the investigations carried out, the outcome of the legal proceedings instituted and the penalties imposed on perpetrators according to the Anti-Trafficking Act, 2015.

2. Plan of action. The Committee notes from the Government’s report that the NAPTIP approved the national action plan (NAP) on trafficking in persons (2022–26). The Committee notes that this national action plan is based on the five critical pillars of action on trafficking in persons, namely: protection and assistance; prevention; research and assessment; prosecution; and partnership and coordination. The strategic goals outlined under each pillar include: (i) to provide age, gender and diversity specific services for the protection of victims of trafficking to meet minimum human rights standards; (ii) to improve public awareness on trafficking in persons and enhance social protection for endemic communities; (iii) to develop and conduct cross-border qualitative research and data management on human trafficking to identify trends, patterns and dimensions of human trafficking at national and international levels; (iv) to establish adequate legal frameworks and policies to address trafficking in persons; and (v) to strengthen partnership and coordination between NAPTIP and other relevant actors both at national and international levels to ensure the effective implementation of the NAP 2022–26. The Committee welcomes this comprehensive NAP and hopes that the Government will continue to take the necessary measures to implement its various components. The Committee requests the Government to provide information on the assessment of the results achieved, the challenges faced and the measures envisaged to overcome them.

3. Protection and assistance for victims. The Committee previously noted the protection and services provided to victims of trafficking including through the establishment of a Trust Fund for the benefit of victims and shelters operated by NAPTIP. It notes the Government’s information that NAPTIP is currently operating 13 shelters with capacity for over 300 beds. These shelters are equipped to provide safe space and psychosocial support to victims of trafficking. The Government further indicates that a large number of victims have undergone various forms of rehabilitation, formal education programmes and vocational training (three victims of trafficking have been employed by NAPTIP and 17 have graduated from school). The Government indicates that the measures for identification of victims of trafficking are embedded in the Guidelines on the National Referral Mechanism. According to these Guidelines, several services shall be provided to protect, prevent, rehabilitate and reintegrate victims of trafficking based on their specific individual needs. The Committee encourages the Government to continue its efforts to ensure that appropriate protection and assistance is provided to victims of trafficking for both sexual and labour exploitation. It requests the Government to continue to provide information on the measures taken in this regard, including under the National Referral Mechanism, and on the number of victims who have been identified, benefited from protection and assistance services and received compensation from the Trust Fund. In light of the fact that 35 per cent of the cases of trafficking consist of cross-border trafficking cases according to the National Action Plan, the Committee requests the Government to provide information on the measures taken to protect and reintegrate victims who return to Nigeria, as well as on the measures taken to inform Nigerian migrants of the risks of being victims of trafficking.

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