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

The Committee notes the Government’s first report on the application of the Convention and requests it to provide further information on the following matters.

1. Article 1 of the Convention. Application of the Convention in law. The Committee notes that, under section 42(1)(a) of the Constitution of the Federal Republic of Nigeria, a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason that he or she is such a person, be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject. The Committee notes that this provision only protects citizens. Noting that the legislation presently in force does not contain an explicit prohibition of discrimination in employment and occupation, the Committee hopes that the draft laws recently prepared in the course of a labour law review process will be enacted soon and would contain a legal prohibition of discrimination protecting all persons from unequal treatment in employment and occupation in accordance with the Convention.

2. Under section 42(3) of the Constitution, nothing in section 42(1) "shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigerian police forces or to an office in the service of a body corporate established directly by any law in force in Nigeria". The Committee requests the Government to indicate any laws or regulations which impose restrictions with regard to appointments as referred to in section 42(3), and to provide copies of the relevant texts.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that the National Employment Policy and the National Policy on Women contain strategies to promote the equal participation of men and women in the labour market through awareness raising, skills development, affirmative action and other measures. It also notes the Government’s acknowledgement that Nigerian women are not yet enjoying equal rights in the labour market which it sees as a consequence of their lower levels of educational attainment and gender bias regarding the role of men and women in employment and society (combined fourth and fifth periodic report under the Convention on the Elimination of all Forms of Discrimination against Women, CEDAW/NGA/4-5, 28 April 2003, pages 39-42). The Committee also notes that the Committee on the Elimination of Discrimination against Women expressed concern about the persistence of discriminatory legislation, administrative provisions and practices in the labour market, as well as women’s higher unemployment rates and the lack of social protection for women in the private sector (concluding comments, A/59/38, paragraph 305). The Committee requests the Government to provide information on:

(a)  progress made in reviewing legislation in order to eliminate provisions constituting discrimination on the basis of sex, as envisaged under the National Policy on Women;

(b)  concrete measures taken to eliminate sex discriminatory employment practices in the private and public sector, including sexual harassment;

(c)  measures taken to promote the equal access of men and women to vocational training and other forms of skills development, including statistical information on the participation of men and women in the various types of training;

(d)  further information on any affirmative action undertaken to ensure equality of opportunity and treatment in employment and occupation of men and women, including its impact;

(e)  any other activities undertaken and results achieved with regard to gender equality in formal sector employment and the informal economy, as provided for under the National Employment Policy and the National Policy on Women.

4. Equality of opportunity and treatment on the basis of race, colour, religion and social origin. Noting that Nigeria is a country of ethnic and religious diversity and that, under the National Employment Policy, the Government is to "implement special schemes to address the peculiar situation of the disadvantaged ethnic groups" (paragraph 195), the Committee requests the Government to provide, in its next report, detailed information on the application of the Convention with regard to the grounds of race, colour and religion. The Government is also requested to provide information on any measures taken to address practices that may exist within some communities, ascribing certain occupations and social status on the basis of a person’s descent which constitute or may result in discrimination in employment and occupation on the basis of social origin.

5. Equality of opportunity and treatment of persons with disabilities. The Committee notes that a new national policy on persons with disabilities is under preparation and that a new Act on persons with disabilities was awaiting presidential approval. The Committee would appreciate receiving information on the promotion of equality of opportunity and treatment in employment of persons with disabilities also in the Government’s future reports.

6. Article 3(a). Cooperation with employers’ and workers’ organizations and appropriate bodies. The Committee requests the Government to provide information on the concrete activities undertaken in cooperation with social partners and other appropriate bodies to promote the observance of the national policy on equality of opportunity and treatment in employment and occupation, including action taken by the National Labour Advisory Council.

7. Article 3(c). Repeal of provisions incompatible with the Convention. The Committee notes that the Nigeria Police Regulations, Laws of the Federation of Nigeria 1990, Chapter 359, contain provisions concerning the enlistment, duties and conditions of service of women police (sections 118-128) which are discriminatory on the basis of sex and thus incompatible with the Convention. Noting from the Government’s recent CEDAW report that these provisions appear to be still in force (CEDAW/C/NGA/4-5, page 14), the Committee urges the Government to repeal these provisions as a matter of urgency and to provide information on the measures taken to that end in its next report.

8. Article 3(d). Application of the Convention in respect to employment under the direct control of a national authority. The Committee notes from the Government’s report that the Guidelines for Appointments, Promotion and Discipline issued by the Federal Civil Service Commission in 1998 and the collective agreements of public sector companies apply to all persons without distinction. The Government is requested to provide further information on any measures to promote actively equality of opportunity and treatment irrespective of sex, ethnic background, religion or any other ground covered by the Convention in the civil service at the federal and state levels, and in public sector enterprises. Please explain the manner in which it is ensured that men and women in public employment, including the civil service, receive benefits and allowances on an equal footing and indicate any progress made in promoting women’s access to public employment in all sectors, occupations and levels of responsibility.

9. Article 4 Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict those persons’ access to employment and occupation.