01 Mar 2016
Comprehensive Review of Nigeria Legislation and Policy Pertaining to Migration
The three instruments – International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990 (ICRMW); Migration for Employment Convention, 1949 (No. 97) (ILO C-97); and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) (ILO C-143) – were reviewed together, given their complementary and overlapping characteristics. The report identifies certain lacuna and obstacles that hinder compliance and presents recommendations that propose modifications of legislation and/or administrative measures to harmonize domestic law and practice with provisions of these instruments.
The review is structured according to topical categories to identify and analyse whether and where each article (or article subsection) of the three international conventions appears in enacted national legislation and national policy, such as the recently adopted Labour Migration Policy for Nigeria.
The report notes that the provisions in the ratified conventions, the ICRMW and ILO C-97 are domesticated to a large degree and highlights some lacuna (gaps or absences in legislation) that need to be resolved. It further suggests considerations that should be given to address some apparent discrepancies in existing law with provisions of these instruments.
The review also finds a high degree of legislative and policy conformity with ILO C-143, leading to a recommendation that prompts ratification by Nigeria of this instrument is timely, appropriate and desirable.
- Category 1: Scope of application of the conventions
- Category 2: Definitions
- Category 3: Non-discrimination/equality of treatment
- Category 4: Rights and protections at work
- Category 5: Social protection/Social security
- Category 6: Specific provisions regarding health
- Category 7: Family
- Category 8: Civil and political rights
- Category 9: Economic, social and cultural rights
- Category 10: Women and youth
- Category 11: Detention and expulsion
- Category 12: Employment and recruitment
- Category 13: Governance and social dialogue
- Category 14: International/Intergovernmental cooperation
- Category 15: Irregular migration