Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last replies in relation to the Committee’s 2004 direct request. The Committee trusts that the Government will be able to provide a report including information in reply to the points raised in the Committee’s 2008 observation, which sets forth the following matters.

Consultations with representative organizations. The Committee noted 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 indicated that the National Labour Institutions Bill, which makes provision for the NLAC, was 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. It asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

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(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; and

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

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 stated 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(1)(b)). 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. 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.

Operation of the consultative procedures. The Committee 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.

[The Government is asked to reply in detail to the present comments in 2010.]