Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2006 observation, which read as follows:

1. Consultations with representative organizations. The Committee notes the Government’s succinct replies in relation to its 2004 direct request. It notes that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicates that the National Labour Institutions Bill, which makes provision for the National Labour Advisory Council, is before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation (General Survey of 2000 on tripartite consultation, paragraphs 39 and 40). It asks the Government to keep the Committee updated as to the results of the ongoing legislative reform and its impact on the improvement of consultations with “representative organizations” which enjoy freedom of association, as required under this priority Convention (Articles 1 and 3 of the Convention).

2. Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5, paragraph 1, of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

(a)   the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference (subparagraph (a));

(b)    questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization (subparagraph (d)).

3. Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further states that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). Governments have complete freedom as to the nature of the proposals to be made when submitting the instruments, but even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision (please refer to paragraph 89 of the Committee of Experts’ General Report of 2004, as well as Part VII of the 2005 Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding “effective consultations” on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

4. Operation of the consultative procedures. Finally, the Committee recalls its previous comments and once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.