US embassy cable - 01ABUJA2857

UNCLAS SECTION 01 OF 02 ABUJA 002857 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: ELAB, ETRD, PHUM, SOCI, NI, EING 
SUBJECT: NIGERIA: STATUS OF CHILD LABOR PROVISIONS FOR 
TRADE AND DEVELOPMENT ACT PROVISIONS 
 
 
REF: STATE 182648 
 
 
1. Due to severe staffing shortages, particularly the 
prolonged vacancy of Post's Labor officer position, Embassy 
Abuja and Consulate Lagos are unable to meet reftel request 
for "detailed and comprehensive information" on the status of 
child labor in Nigeria.  The Regional Labor officer departed 
Post in July and this critical position remains unfilled. 
Many other vacancies have further weakened our capacity to 
collect and interpret information. 
 
 
2. Indicator A: Laws and regulations proscribing the worst 
forms of child labor 
 
 
-- Nigeria has agreed in principle to ratify ILO Conventions 
182, Worst Form of Child Labor, and 138, Minimum Age for 
Employment.  However, ratification will require approval by 
the Federal Executive Council (equivalent of the U.S. 
Cabinet) and a consenting vote by the National Assembly. 
 
 
-- The 1974 Labor Decree strictly prohibits employment of 
children under 15 years old in commerce and industry, and 
permits child labor only for home-based agricultural or 
domestic work.  The law states that children may not be 
employed in agricultural or domestic work more than 8 hours 
per day.  The decree allows the apprenticeship of youths at 
age 13 under specific protective conditions. 
 
 
-- The 1974 Labor Decree and the 1999 Constitution prohibit 
forced or compulsory labor, a prohibition that extends to 
children, although they are not mentioned specifically in the 
laws. 
 
 
-- There is draft legislation now before the National 
Assembly that would make trafficking in persons a crime. 
 
 
3. Indicator B: Implementation and enforcement of laws 
 
 
-- Trafficking in children as indentured servants or for 
criminal activities such as prostitution is a problem and 
enforcement is ineffective.  According to ILO reports, there 
is an active, extensive trade in child laborers, some of whom 
are exported to Cameroon, Gabon, Benin and Equatorial Guinea 
to work in agricultural enterprises.  Other children are 
coerced into prostitution.  Authorities have identified trade 
routes for traffickers that wind through Katsina and Sokoto 
to the Middle East and East Africa.   The eastern part of 
Nigeria and southern states such as Cross Rivers and Akwa 
Ibom have been the loci of trafficking of children for labor. 
 Nigeria also remains a destination for the trafficking of 
Togolese children.  An ILO report on child trafficking in 
West Africa identified Nigeria as a source, destination and 
transit area for child trafficking within the region. 
 
 
-- There is evidence of trafficking of Nigerian children to 
the United States and Europe, mostly for the reunification of 
children with undocumented parents in destination countries. 
 
 
-- Nigerian police report that, due to economic pressures, 
the families of girls and women often condone their entry 
into the sex trade.  During the past year, at least one 
documented case of trafficking in children was reported in 
Lagos, though incidents of trafficking in Lagos and other 
major Nigerian cities are suspected to be commonplace. 
 
 
-- A rare and high-profile arrest of a suspected trafficker 
occurred in mid-2001.  Bisi Dan Musa, a prominent Lagos 
businesswoman and wife of a former Presidential aspirant, was 
arrested and charged with 19 counts of &child stealing8 
(kidnapping) and slave dealing after 16 children, between one 
and four years old, were found in her custody. 
 
 
-- In August, 33 Nigerian women and children intercepted in 
Conakry, Guinea, were repatriated to Nigeria following the 
personal intervention of President Obasanjo.  As of this 
writing, the Nigerian Government is planning to seek the 
extradition of 15 Nigerian traffickers arrested by Guinea in 
connection with the 33 women and girls. 
 
 
-- Basic economic incentives often underlie child 
trafficking.  Generally, families who employ children as 
domestic servants (a widespread practice in West Africa) also 
pay their school fees.  Child traffickers receive a monthly 
payment from the employer, part of which is remitted to the 
parents of the indentured child servant. Traffickers take 
advantage of a cultural tradition of child fostering, under 
which it is acceptable to send a child to live and work with 
a more prosperous family in return for educational and 
vocational opportunities. 
 
 
4. Indicator C: Institutional mechanisms to investigate and 
address allegations 
 
 
-- The absence of large numbers of documented reports of 
trafficking is believed to result, in part, from ineffective 
enforcement mechanisms, lack of resources, and weak 
government commitment.  The GON has conducted few 
investigations into the alleged involvement of government 
officials in trafficking, though involvement of government 
officials reportedly is widespread. 
 
 
-- Police attempts to stem the trafficking of persons are 
inadequate and too often focus on the victims of trafficking, 
who are often subjected to lengthy detention and public 
humiliation upon repatriation to Nigeria.  In contrast, 
traffickers are rarely identified and punished. 
 
 
-- The Labor Ministry has an Inspections Department whose 
major responsibilities include enforcing the legal provisions 
relating to conditions of work and protection of workers. 
However, there are less than 50 inspectors for the entire 
country.  The Ministry conducts inspections only in the 
formal business sector, in which the incidence of child labor 
is not significant. 
 
 
5. Indicator D: Social programs to prevent worst forms of 
child labor. 
 
 
-- Awareness campaigns, often conducted by spouses of 
prominent politicians or non-governmental entities, have only 
recently begun to garner widespread attention. Statistics are 
insufficient to determine if these campaigns are productive. 
The development of a reliable, statistically-valid base for 
assessing the child trafficking problem has only recently 
begun under ILO auspices. 
 
 
-- Primary education is compulsory, although this requirement 
rarely is enforced.  Studies indicate declining school 
enrollment due to deteriorated public schools and increased 
economic pressures on families.  The lack of sufficient 
primary schools and the high cost of school fees limit many 
families' access to education, inducing them to place their 
children in the labor market.  Economic hardship leads to 
high numbers of children in commercial activities aimed at 
enhancing meager family income.  Children are frequently used 
as beggars, hawkers, and bus conductors in urban areas.  The 
use of children as domestic servants is common.  According to 
data from the ILO (dated 1998) and UNICEF, the incidence of 
child prostitution is growing. 
 
 
-- Private and government initiatives to stem the growing 
incidence of child employment exist but are ineffective, 
given the size of the problem, and the need for a 
well-functioning legal system.  UNICEF operates programs that 
remove young girls from the street hawking trade and relocate 
them to informal educational settings.  UNICEF believes its 
efforts only scratch the surface, however. 
 
 
6. Indicator E: Whether Nigeria has a comprehensive policy 
for the elimination of the worst forms of child labor. 
 
 
-- In conjunction with the ILO, the Nigerian government is 
building a national program of action in support of child 
rights, survival, protection, development and participation. 
Andrews