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

The Committee notes the comments on the application of the Convention made by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009. The ITUC states that in the private sector collective bargaining rights are restricted by the requirement of government approval: collective agreements on wages must be registered with the Ministry of Labour, which decides whether the agreement becomes binding according to the Wages Board and Industrial Councils Act. The ITUC also refers to acts of anti-union discrimination, including threats of dismissal made to trade unionists in several companies in the banking sector. The Committee requests the Government to provide its observations respecting these matters.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, concerning refusals to negotiate with trade unions, acts of interference by employers, anti-union practices against workers’ representatives, including dismissals. The Committee requests the Government to submit its observations thereon and to reply to the matters raised by the Committee’s previous comment.

Bill on collective labour relations. The Committee notes the Government’s statement, according to which the National Assembly has not yet passed the bill on collective labour relations. The Committee recalls that ILO technical assistance has been provided to the authorities and hopes that the future legislation will be in full conformity with the requirements of the Convention. The Committee requests the Government to send the new law once adopted.

Comments made by the Organization of African Trade Union Unity (OATUU) and the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention. The Committee notes the comments made by the OATUU in a communication dated 20 August 2004, as well as the ICFTU, in communications dated 31 August 2005 and 10 August 2006. The comments concern in particular the fact that: (1) certain categories of worker are denied the right to organize (such as employees of the Customs and Excise Department, the Immigration Department, the Nigerian Security Printing and Mining Company Limited, the prison service and the Central Bank of Nigeria) and therefore are deprived of the right to collective bargaining; (2) only unskilled workers are protected by the Labour Act against anti-union discrimination by their employer; (3) every agreement on wages must be registered with the Ministry of Labour, which decides whether the agreement becomes binding according to the Wages Board and Industrial Council Acts according to the Trade Dispute Act (it is an offence for an employer to grant a general or percentage increase in wages without the approval of the Minister); (4) section 4(e) of the 1992 Decree on Export Processing Zones states that “employer–employee” disputes are not matters to be handled by trade unions but rather by the authorities managing these zones; and (5) section 3(1) of the same Decree makes it very difficult for workers to form or join trade unions as it is almost impossible for worker representatives to gain free access to the export processing zones (EPZs). The Committee requests the Government to send its reply on these comments.

Concerning the abovementioned point (1), the Committee observes that the Committee on Freedom of Association has underlined that the functions exercised by employees of customs and excise, immigration, prisons and preventive services should not justify their exclusion from the right to organize on the basis of Article 9 of Convention No. 87 (see 343rd Report of the Committee on Freedom of Association, paragraph 1027). The Committee requests the Government to amend section 11 of the Trade Union Act (1973) so that these categories of workers are granted the right to organize and to bargain collectively, as well as for all public employees not engaged in the administration of the State.

The Committee underlines the seriousness of the matters previously raised and requests the Government to take measures as a matter of urgency to ensure full respect for the rights enshrined in the Convention.