Handbook for labour inspectors


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FORCED LABOUR AND HUMAN

TRAFFICKING

HANDBOOK FOR LABOUR INSPECTORS

IN NIGERIA

December, 2011

Table of Contents

1.0 Introduction

1.1 Objectives of the Handbook

2.0 Concepts and Definitions

2.1 Forced Labour

2.2 Human Trafficking

2.3 Forced Labour, The Worst Forms of Child Labour and interrelatedness

2.4 Slavery and Slavery–Like Practices

2.5 Substandard Working Conditions

2.6 Debt Bondage

2.7 Serfdom

2.8 Labour Inspection

2.9 Labour Inspectors

2.10 Integrated Inspections

2.11 Field Inspection Services

2.12 Migration and trafficking

3.0 Milestones in the Fight against Forced Labour and Human Trafficking

3.1 Global Milestones

3.2 National Milestones

3.3 Other Efforts to Address Forced Labour in Nigeria

4.0 The Burden of Forced Labour and Trafficking in Nigeria

4.1 Background

4.2 Where forced child labourers work in Nigeria

4.3 Protecting children

4.4 Relevance of Labour Inspectors in combating Forced Labour and Trafficking

5.0 Policies Legislation and Conventions on Forced Labour and Trafficking

5.1 Constitutional Provisions

5.2 National Policies

5.3 National Laws

5.4 International Conventions

5.5 Other International Instruments on Forced Labour/Trafficking

5.6 ILO Conventions o’n forced labour ratified by Nigeria

5.7 Regional Instruments combating forced labour/trafficking

5.8 Bilateral Agreements involving Nigeria in combating forced labour / trafficking

6.0 Role of labour inspectors

6.1 Functions of Labour Inspectors Vis-a-vis Forced Labour/Trafficking

6.2 Additional factore factors identified as contributing to forced labour in Nigeria:

6.3 Non-exhaustive list of economic sectors in which forced labour has been identified in

Nigeria.

7.0 Summary of Findings from the Survey of Practices from Various States in Nigeria

7.1 Indicators of Forced Labour and Trafficking

7.2 Identification of Victims Investigation of Forced Labour Cases and Challenges of

enforcement

7.3 Checklist of possible forced labour situations

8.0 strategies for combating forced labour

8.1 Inspection Methods and Techniques

8.2 Investigation Techniques

8.3 Intelligence and information sources:

8.4 Guiding Principles

8.5 Prevention and Awareness Raising

8.6 Prosecution and Penalties

8.7 Treatment of Possible Victims and Ethical Conduct of Inspectors

9.0 Forced Labour in the Informal Economy

9.1 Institutional Measures taken to combat illegal employment and undeclared work in

Nigeria

9.2 Control of illegal Employment

9.3 Monitoring private employment agencies and supply chains as a strategy to combat Forced

Labour
Annex 1: listing of ILO conventions ratified or denounced by Nigeria relevant to forced labor/

Trafficking

Annex 2: National Minimum Wage (Amendment) Act 2011
Annex 3: Non exhaustive listing of Private Employment Agencies in Nigeria (as at Nov 25th 2011)

Annex 4: References and further reading

FORWARD

ACKNOWLEDGEMENTS

ABBREVIATIONSANDACRONYMS

AU - African Union

CRC - Child’s Right Convention

CBO - Community Based Organization

FBO - Faith Based Organization: Christianity and Islam are the major

religions in Nigeria.

FLHT - Forced labour and human trafficking

HIV - The virus that causes Acquired Immune Deficiency Syndrome(AIDS)

IDA - International Development Agencies: Donor Agencies such as ILO,

UNICEF, UNDP, etc

ILO - International Labour Organization

IPA - Implementing Partners and Agencies

NAPTIP - National Agency for the Prohibition of Trafficking in Persons and

Other Related Matters; Established for the purpose of enforcing NAPTIP Act 2003

NEEDS - National Economic Empowerment and Development Strategy

NGOs - Non-Governmental Organizations, involved in child labour issues and

Programme

NLC - Nigerian Labour Congress

UBE - Universal Basic Education

UN - United Nations

WOTCLEF- Women Trafficking and Child Labour Elimination Foundation: A

Non-Governmental Organisation involved in the combat against child labour in Nigeria

MA - Convention 138, Minimum Age, (1973)

WFCL - Convention 182, Worst Forms of Child Labour (1999)

NELEX - National Electronic Labour Exchange

NEP - National Employment Policy

NECA - Nigerian Emloyers Consultative Association

NUPENG - National Union of Petroluem and Natural Gas

NURTW - National Union of Road Transport Workers

MDG - Millenium Development Goals

E&E - Employment Exchange Registry

P&ER - Professional and Executive Registry

PEA - Private Employment Agency

PENGASSAN - Petroluem and Natural Gas Senior Staff Association of Nigeria

IPEC - International Program for the Elimination of Child Labour

HCL - - Hazardous Child Labour

FCL - Forced Child Labour

UNCRC - United Nation’s Committee on the Rights of the Child

PATWA - Project Against Trafficking in West Africa

UNAFR - United Nations Africa Institute for the Prevention of Crime and

Treatment of Offenders

ECOWAS - Economic Commission of West African States

SADC - South African Development Commission

ECCAS - Economical Community OF Central African States

1.0 Introduction

This handbook on Forced Labour and Human Trafficking for Labour Inspectors in Nigeria is intended to provide Labour Inspectors involved with Labour Administration and Inspections with the information and techniques required to take action against forced labour and human trafficking in all its ramifications in Nigeria, not minding if such inspectors are oriented towards the monitoring of terms and conditions of employment or safety health welfare and protection of workplace infrastructures. The country set for itself a target of becoming one of the twenty most developed economies by the year 2020, merchandise produced from forced labour may experience difficultyin trading.

Although the handbook may sseem bulky the objective is to have in one volume a fairly comprehensive listing of all th information that a labour inspector in Nigeria may need to combat forced labour and labour trafficking.

It offers suggestions on how to identify forced labour and human trafficking in the formal and informal location and advise on inspection techniques and strategies to combat it in a collaborative way with other relevant organizations whose work also touch on the issue of forced labour and trafficking. It clarifies terms and concept not normally encountered in the traditional work of labour inspectors. It also clarifies the constitutional legal and policy provisions existing in various statute books of the Nigerian state dealing with forced labour and human trafficking.

The handbook traces the milestone in Nigerian’s effort to combat forced labour and trafficking side by side with international effort. It also traces the historical relationship existing between the subject matter and the Labour Inspectorate. The handbook is organized into sections each dealing with specific area of intervention. Section one outlines the relevance of labour inspectors in combating forced labour and trafficking and provides briefly the Global and Nigerian situation. Section two describes the key elements involved in discussions on forced labour and trafficking. Section three highlights the milestones in the fight against forced labour and trafficking of both the international and national community to showcase the situation so far.

Section four focuses on Nigeria’s responses, its efforts and steps towards tackling the issue of forced labour and labour trafficking. While section five deals with national and international policies, legislations and conventions giving backing to the fight against forced labour and trafficking. Section six enumerates the vast role labour inspectors are expected to play in halting forced labour. Section seven summarises findngs on survey practiced in various states in Nigeria, highlights the situation so far and also identified various indicators of possible forced labour situation. Section eight highlighted various strategies for combating forced lab our in Nigeria including but not limited to inspection methods, investigation techniques, guiding principles etc. Section nine discusses forced labour in Nigeria’s informal economy and considered the challenges faced by the labour inspectors in the control of illegal employment. To reduce the burden of cross referencing the listing of ILO convention ratified by Nigeria relating to forced labour Is provided at the annex and anon- exhaustive list of registered private employment agencies.

1.1 Objectives of the Handbook
This handbook is useful for Labour Inspectors and other law enforcement authorities, such as Military and private employers agencies, Police, Nigerian Security and Civil Defence (NSCD) Operatives, Foreign Affairs, Customs Officers, NAPTIP Officers and immigration Authorities in understanding modern forms of forced labour and human trafficking and how it is related to their work. More specifically, it would assist Labour Inspectors and other stakeholders to:


  • Increase their understanding of labour inspection of forced labour and human trafficking, victim identification and prevention;




  • Enhance cooperation between labour inspectors, and officials of NAPTIP,Police, Customs, Immigration, Nigeria Security and Civil Defence, Prisons, Foreign affairs and other relevant stakeholders in the fight against forced labour and trafficking;



  • Improve protection and referral of victims;



  • Understand linkages with the informal economy and illegal employment;



  • Provide practical training and learning activities in the training of Inspectors on forced labour and trafficking.


2.0 Concepts and Definitions

While the terms “child labour” “ labour inspection” and ‘inspection services are easily understood as standard terminologies, there is need to clarify terms not commonly used by labour inspectors such as “human trafficking”, slavery’like practices, “debt bondage”,” serfdom”, “migration” and “standard working conditions”.
2.1 Forced Labour

Forced labour is any work or service which people are compelled to do against their will under threat, coercion, constraint or obligation. Almost all slavery like practices including trafficking in people and bonded labour contain elements of forced labour. Forced labour affects millions of people around the world and is most frequently found in labour intensive and /or underegulated industries such as

  • Agriculture and fishing

  • Manufacturing, processing and packaging

  • Construction, mining and quarrying

  • Domestic work

  • Prostitution and sexual exploitation

  • Market trading and other illegal activities


Forced Labour Convention 29, 1930 .Article 2 defines forced labour as:

All work or service that is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.
All work or service” encompasses all types of work, employment or occupation. The nature or legality of the employment relationship is therefore irrelevant. Domestic work is often not regulated by labour law; however, forced labour as defined in Convention. 29 can also take place in private households.
Any person” refers to adults as well as children whether or not the person is a national of the country in which the forced labour case has been identified.
Menace of penalty” refers to criminal sanctions and various forms of coercion such as threats, violence, retention of identity documents, and confinement or non-payment of wages. The key issue is that workers should be free to leave an employment relationship without losing any rights or privileges. Examples are the threat to lose a wage that is due to the worker or the right to be protected from violence.

Voluntary” means that free and informed consent has to be obtained from the individual as the basis of recruitment and has to exist throughout the employment relationship. If the employer or recruiter has used deception or coercion, consent becomes irrelevant. He or she must always be free to revoke a consensually made agreement.

Hazard” is anything with the potential to do harm.

Risk” is the likelihood of potential harm.
The abolition or of forced Labour Convention 1957 (no 105) prohibits forced labour or compulsory labour as a means of political coercion or punishment for holding or expressing ideological or political views against established socio economic and political systems. It prohibits forced labour or compulsory labour as a means for labour discipline, participation in strikes or means of discrimination in any form.

Consistent with the 1999 Constitution of the Federal Republic of Nigeria and as a state party to the Convention, inspectors must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a criminal offence” and “that the penalties imposed by law are really adequate and strictly enforced” (Art. 25 of the Convention).Convention No. 182 requires that each ratifying State take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.
Nevertheless Convention 29 provides for certain exemptions, as follows:

(a) Any work or service under compulsory military service that is of a purely military character;
(b) Any work or service that forms part of the normal civic obligations of the citizens;
(c) Any work or service exacted from a person as a consequence of a conviction, as long as the person is fully supervised and under the control of the supervisory body, and the said person is not hired to or placed at the disposal of private individuals, companies or associations; (However this does not apply to prisoners who are forced for the purposes of economic exploitation and large scale industrial commercial purposes. Prisoners in this situation are considered under forced labour and should aslo be protected from this exploitation and deprivation of human rights.  Forced labour such as this makes the economy loose its rationality.)

(d) Any work or service exacted in response to an emergency that may endanger the existence or the well-being of the whole or part of the population;
(e) Minor communal services which can be considered normal civic obligations, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.
Area of attention should include

  • Traditional forms of bonded labour

  • Debt bondage and other forms of coercion

  • Forced child labour

  • Forced labour linked to migration and exploitative labour contract systems

  • Forced labour as a result of organised criminal trafficking.

  • Unethical outsourcing

  • casualization

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