Labour ministry denies complicity in human trafficking

By ODIMMEGWA JOHNPETER/ABUJA

The Federal Ministry of Labour and Employment has debunked the publications in the media accusing the Ministry of complicity in human trafficking, especially of Nigerian girls to other parts of the world. This was contained in a press statement by Charles Akpan, Deputy Director, Press and Public Relations of the Ministry.

The statement reads: “According to the various publications, The Chairman, House of Representatives Committee on Diaspora, Tolulope Akande-Sadipe, had on Thursday, 16 July, 2020 accused the Ministry of illegally issuing licences to Private Employment Agencies, doing so after a Federal Government moratorium was placed on the issuance of such licences since 2017.

“Akande-Sadipe said that on account of the alleged illegalities and irregularities the Ministry employed in the recruitment process, agents were allowed to take Nigerians to Lebanon, a country that lacked a labour pact with Nigeria; girls were allowed to be taken out by agents without the mandatory counselling and orientation, and agents were allowed to operate without annual reports on the domestic staff sent abroad.

“The Ministry wants to state categorically that it has not issued any Recruiters Licence with respect to the placement of Nigerian citizens abroad in breach of the relevant provisions of the Labour Act CAP L1 2004. Furthermore, at no time did the Federal Government issue any moratorium against issuance of Recruiters’ Licence. We challenge anyone making the allegation to produce such moratorium if it exist. 

“The Ministry is empowered by section 23, 25 and 71 of the Labour Act Cap L1 LFN 2004 to license fit and proper persons to operate as Labour Contractors and Private Employment Agencies.

“As part of the strategies to reduce irregular labour migration whilst promoting regular migration, the Ministry has put in place a Labour Migration Desk to address the associated problems with the movement of skilled and low skilled persons within and outside the country.  The Desk seeks to ensure and create employment opportunities for Nigerians to work legally abroad, without fear of molestation, exploitation or any form of inhuman treatment or being subjected to unfair labour practices.

“The Ministry of Labour and Employment is guided by the provisions of the International Labour Organisatio (ILO) Migration for Employment Convention No 97, Private Employment Agencies Convention No 181 and its Recommendation No 188 and has taken initial steps required for its ratification. One of the basic means of implementing the principles of Convention 181 on Private Employment Agencies is mandatory registration and licensing of Private Employment Agencies.

“The Recruiters Licence issued by the Federal Ministry of Labour and Employment has over the years and since the present Honourable Minister benefited from series of reviews and value addition, which has transformed it into a model product bounded on all sides by good practice and quality standards. This has enhanced regular migration of Nigerians to work legitimately in other countries.

“Recruiters Licences are issued to fit and proper persons/agency in accordance with Section 25 of the Labour Act CAP L1 2004 and other requirements for the issuance of such licenses.

“It is apparent from Section 25 of the Labour Act CAP L1 2004 that persons who meet the requirements for International Licenses are eligible to engage in domestic recruitment as well. Furthermore, a Recruiting agency may recruit low, middle, or highly skilled workers for placement within and outside the country.

“However, prior to obtaining the Recruiters Licence, the Recruiter is bound by the provisions of the Labour Act with respect to welfare and conditions of work of the worker and the procedures for operating the Licence. One of such procedures is the requirement that prior to any citizen leaving Nigeria under a foreign contract as provided in Section 39 of the Labour Act CAP L1, 2004, the recruited worker must be brought before an authorised labour officer and certified by that officer as duly recruited in accordance with the provisions of the law.

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“It is therefore obvious that the possession of a Recruiters Licence for foreign employment does not confer or guarantee automatic clearance for a Recruiter to recruit citizens for work abroad without first complying with the procedures provided in the Labour Act before workers travel under a contract of employment with the Recruiter.

“It must be emphasized that to date no Private Employment Agency (PEA) issued clearance by the Ministry of Labour and Employment has been found to be involved in human trafficking. It is on record that none of the trafficked Nigerian girls to Lebanon or any other country is linked to a Private Employment Agency issued Licence and clearance by the Ministry of Labour and Employment.

“To set the records straight, at no time did any person, body or Committee request the Ministry of Labour and Employment to suspend its statutory duty of issuing recruiters licence to qualified PEAs as being peddled by some uninformed persons.

“The fact-finding mission set up by the Honourable Minister of Foreign Affairs from 4th to 8th June, 2018 to the Kingdom of Saudi Arabia to investigate complaints of human trafficking of Nigerian domestic workers indicated that “there were many illegal recruitment agencies, including Travel Agencies that were recruiting domestic workers to Saudi Arabia and the Middle East”. No PEA licensed by the Ministry of Labour and Employment was found culpable in human trafficking in that country.

“For avoidance of doubt, the Inter-Ministerial Committee set up by the Honourable Minister of Foreign Affairs in 2018 merely requested the Ministry of Labour and Employment to suspend issuance of oversea recruitment clearance (Not Recruiter’s Licence) pending the development of Standard Operating Procedure on foreign recruitment. Being and Inter – Ministerial Agreement no such clearance has been issued from that time till date.

“It is therefore not true but a Legislative misrepresentation for the Ministry of Labour and Employment to be accused or held responsible for the huge number of Nigerians trafficked through the Nigerian borders every year as it does not constitute part of the security Architecture at land and sea borders and International airports. Rather, the Ministry of Labour and Employment should be commended for instituting a watertight licensing regime which guarantees regular migration of Nigerians to work legitimately in other countries, and for being the Secretariat of the Nigerian Task Force against Forced Labour, Child Labour and Human Trafficking.

“Those who for reasons best known to them have mounted an orchestrated campaign to malign the image of the Ministry are therefore by this medium advised to discontinue as facts are sacred.