Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nigeria (Ratification: 1960)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. Legislation relating to the press and media. The Committee previously noted that the Nigerian Press Council (Amendment) Act, 2002, contains certain restrictions on journalists’ activities enforceable with penalties of imprisonment (section 19(1) and (5)(a)), involving compulsory prison labour. It also noted that some provisions of the Nigerian Press Council (Amendment) Act, 2002 were declared as unconstitutional by the Federal Court in 2010 and later quashed by the Court of Appeal in 2015 stating that these provisions did not constitute a gross violation of the Constitution. The Committee noted that the case was pending before the Supreme Court. Noting an absence of information in the Government’s report in this regard, the Committee once again requests the Government to provide informationon any decision handed down by the Supreme Court with regard to the constitutionality of the Nigerian Press Council (Amendment) Act, 2002. The Committee also requests the Government to provide information on the application in practice of section 19(1) and (5)(a) of the Act.

Article 1(c). Punishment for breaches of labour discipline.Labour Act. The Committee had previously requested the Government to review the provisions of section 82(1)(b) and (c) of the Labour Act, Cap L1, LFN 2004, under which a court may direct the fulfilment of a contract of employment and posting of security for the due performance of so much of the contract as remains unperformed, and a person failing to comply with such direction may be committed to prison.

The Government indicates in its report that the Ministry of Labour has neither received any complaints for breach of contract nor obtained any conviction in this regard. While noting this information, the Committee once again requests the Government to review section 82(1)(b) and (c) of the Labour Act so as to ensure that penalties of imprisonment involving compulsory labour cannot be imposed as disciplinary measures.