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

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

Other comments on C097

Observation

Direct Request

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Migration flows. The Committee notes that, according to the Policy on Labour Migration 2014, the latest estimates indicate that in 2009 over 5 million Nigerians lived abroad and in 2006 there were 600,000 foreigners residing in Nigeria, 97 per cent of whom originated from West African countries. The Action Plan to implement the Policy also includes activities to improve and disseminate sex-disaggregated data on migration stocks and flows of Nigerians employed abroad and of foreigners in the country. The Government indicates in its report that Nigeria is developing a module to provide verifiable labour migration statistics to be inserted in the quarterly labour force survey. The Committee welcomes this initiative and hopes that the Government will soon be in the position to provide comprehensive statistics on migration flows from and to the country and requests it to provide any available statistical data with its next report.

Article 3. Misleading information. The Committee recalls its previous comments regarding the establishment and the role of the functions of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) to conduct information and awareness-raising campaigns with regard to the trafficking in persons. The Committee notes the Government’s brief reply regarding the anti-trafficking legislation which, however, does not indicate whether the NAPTIP has the power to take specific measures against misleading propaganda relating to emigration and immigration from employment agencies and employers, including sanctions against them. The Committee further notes that the Action Plan to implement the National Policy on Labour Migration provides for measures to prepare and disseminate information materials and awareness raising on migration opportunities and risks of irregular migration. The Committee requests the Government to provide information on the measures taken by NAPTIP against misleading propaganda relating to emigration and immigration from employment agencies and employers. The Committee also asks the Government to provide information on any additional measures taken against the dissemination of false information to migrant workers on job opportunities or conditions in the countries of destination, and the risks of irregular migration.

Article 6. Equality of treatment. The Committee previously noted the provisions in the Labour Standards Bill prohibiting discrimination in employment and occupation, including equal pay for work of equal value, on the basis of race, colour, sex, marital status, religion, political opinion, national extraction or tribe, social origin or real or perceived HIV/AIDS status. The Committee notes the Government’s indication that section 5(1) of the Labour Standards Bill is currently under review to include nationality among the list of prohibited grounds. Noting that the Bill has been pending for many years, the Committee hopes that progress will be made soon in its adoption and that it will ensure that no less favourable treatment is being applied to migrant workers lawfully residing in the country than to nationals with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention. The Government is also asked to provide information on any developments in this regard, as well as on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them.

Social security. The Committee notes that the Government again refers to the Pension Reform Act of 2004, which establishes a contributory pension scheme for all employees in the public and private sectors, and to the Employee’s Compensation Act 2010 (Act No. 13), that applies to all employers and employees, except members of the armed forces. The Committee again requests the Government to confirm that in cases of departure from Nigeria, including expulsions, foreign workers who have participated in or contributed to the pension scheme are entitled to the maintenance of their acquired social security rights and that the Employee’s Compensation Act 2010 (Act No. 13) applies to migrant workers on an equal footing with nationals.

Article 8. Maintenance of residence in case of incapacity for work. The Government indicates that a migrant worker, like nationals, who becomes incapacitated, can draw from his or her pension when it becomes due. The Committee recalls that Paragraph 18(1) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), also discourages States from removing regularly admitted migrant workers from the territory for reasons of their lack of means or the state of the employment market. The Committee requests the Government to clarify whether the right of migrant workers who have been admitted on a permanent basis and who have an incapacity to work is maintained even if the worker has lack of means and has to rely on public funds.