Nigeria – workers

The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.

8.6 CHALLENGES
“a. Casualisation of employment, especially in the oil and gas sector, as well as the telecommunications, banking and financial services sectors.
b. Contradictions in the provisions of Nigerian Labour Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution.
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g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act, 2005.
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m. Businesses not taking the Local Content Act 2010 into consideration in their employment process.
n. Certain laws on business and employment being obsolete and not aligned to international standards is listed as one of the challenges in paragraph 8.6.
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q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.” (p.154-155)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
ACTIONABLE ITEMS
B. LEGISLATION AND POLICES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
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d. Review the Trade Union Act (2005) to address the challenges of freedom of association, the rights to collective bargaining and the right to strike actions.
e. Enact Whistleblower Protection Laws at the Federal and State levels to protect whistleblowers from any form of victimization or retaliation and encourage employees of both public and private sectors to report cases of human rights abuses and violation without fear of losing their jobs.” (p.157)

F. ENVIRONMENT
“When acquiring land for development or business, government must ensure the conduct of human rights conflict and environmental impact assessment.

In respect of environmental hazards and workplace safety, there will be periodic monitoring and inspection of company premises, operations and surroundings of manufacturing, construction, and extractive industries among others to ascertain their compliance with environmental standards.

G. EMPLOYMENT
In relation to employment, the National Working Group on Business and Human Rights will develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child labor. In doing so, the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.

H. CASUALIZATION OF CONTRACT OF EMPLOYMENT
The Ministry of Labour and Employment should take steps to curb the incidence of Casualisation in labour as well as hazardous workplace practices. Accordingly, it should strengthen its monitoring and implementation processes to give effect to applicable laws. Where the laws are not in compliance with human rights standard, they should be reviewed. Adequate education of the public should be carried out to empower them to demand for a letter of contract/engagement from employers irrespective of the nature or duration of the engagement.

I. GENDER
There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.158-159)

K. MOBILISATION, SENSITIZATION AND AWARENESS CREATION
“Government, through its agencies, will engage in massive mobilization, sensitization and awareness creation on the NAPBHR. The awareness creation will be strategic and involve the three tiers of government.

The National Working Group on Business and Human Rights will enter into negotiation with Manufacturers Association of Nigeria and related bodies to ensure compliance with this plan. It will also carry out robust sensitization of the public to empower them to demand for a letter of contract/engagement from employers irrespective of the nature of duration of the engagement.”

N. SECURITY
“When businesses conduct risk assessment, the focus is mainly on the risk posed to their operation within the community without considering the risk their operations pose to communities. This makes them design their security apparatus without community input and consultation.

In addressing the issue of security and human rights in business operations, the Voluntary Principles on Security and Human Rights provides a useful guide. To this end;
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v. Security arrangement will be all inclusive and offer protection to business facilities as well as employees, suppliers, contractors and the community.” (p.160-161)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
ACTIONABLE ITEMS
A. POLICY
“Every company will have a clear, simple and understandable human rights policy within their value chain that reflects their commitment to promote human rights in their operations. This policy shall guide all operations of the business and should be conspicuously displayed either on the website, gate or reception area of the company.

In the Policy, the rights of staff should be made clear as it relates to respect for human rights. Staff should also be trained on various aspects of human rights especially as it pertains to company operations. It is expected that the policy will clearly allocate roles and responsibilities and state the department(s) in the company that has responsibility for human right issues. This will be applicable to all companies in relation to size, scope of operations and type of business.” (p.162)

F. COMMUNITY RELATIONS
“Business must have a Community Relations Guidelines. This will be developed in conjunction with the community stakeholders. The Community Relations Guidelines shall draw from the report of the Human Rights Due Diligence (HRDD) and Human Rights Impact Assessment (HRIA). The company is also expected to conduct Peace and Conflict Assessment (PCAI) as part of their entry strategy. They extent of these assessments will depend on the kind of business the company is involved in.

The Community Relations Guidelines shall provide for such things as employment, community development, contracts, scholarships etc. to ensure inclusiveness, gender consideration and board representation of all interest shall be taken into account.” (p.163)

PILLAR 3 – ACCESS TO REMEDY
C. NON-STATE BASED GRIEVANCE MECHANISM
“The law cannot take care of all the complexities of the relationship between the community, the state and corporations. This therefore necessitates the adoption of some non-state-based grievance mechanism to fill the gap. These include all the centres and agencies established by companies, NGOs, Media, CSOs, Labour Unions, Faith-Based Orgsanisations, communities and other sundry agencies. Some of them are formal and some are informal in their operations. Some specialize in advisory services and the provision of information, while others are mainly concerned with referral and monitoring.” (p.165)