CMW Concluding Observations: Nigeria, 2017
Source: UN Committee on the Rights of Migrant Workers
Concluding observations on Nigeria in the absence of a report
27.While noting that the Constitution guarantees equal pay for equal work without discrimination on any grounds and that the Labour Act of 2004 protects “all persons in employment”, the Committee is concerned that:
(a)The guarantees relating to privacy, freedom of movement and protection against racial discrimination contained in sections 37, 41 and 42 of the Constitution do not extend to non-citizens;
(b)The list of prohibited grounds for discrimination in employment and occupation in the draft Labour Standards Act does not include nationality;
(c)The constitutional provision on the acquisition of nationality (section 26 (2) (a)) stipulates that a foreign man is unable to acquire Nigerian nationality in the same manner as a foreign woman;
(d)There is a lack of information on measures taken by the State party to ensure non-discrimination for all migrant workers in law and in practice.
28. The Committee recommends that the State party:
(a) Take all measures necessary to extend the guarantees relating to privacy, freedom of movement and protection against racial discrimination to migrant workers and to remove all provisions that discriminate against foreign men in relation to the acquisition of nationality;
(b) Include a prohibition of direct and indirect discrimination on all the grounds enumerated in the Convention (arts. 1 (1) and 7), applicable to all aspects of employment and occupation and covering all workers, including domestic workers and workers in the informal sector, in the bill on labour standards and speed up its adoption;
(c) Take all legislative and policy measures necessary to ensure that all migrant workers and members of their families, both documented and undocumented, within the territory of the State party or subject to its jurisdiction enjoy, without discrimination, the rights recognized by the Convention, in accordance with article 7 thereof.