Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nigeria (Ratification: 1960)

Other comments on C087

Observation

Direct Request

1989

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 31 July and 31 August 2012 on the application of the Convention, alleging in particular, on 24 October 2011: the storming of a trade union meeting by a combined team of army, police and security services; the physical assault of Osmond Ugwu, Chairperson of the Enugu State Workers Forum; beatings of other trade unionists attending the meeting; the arrest of Mr Ugwu and Mr Raphael Elobuike, a trade union member; ongoing detention of the trade union leader and the union member until at least end of 2011, on charges for alleged attempted murder of a policeman; and alleged torture and beatings during custody. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. It also wishes to recall that the arrest and detention, even if only briefly, of trade union leaders and trade unionists, for exercising legitimate activities in relation with their right to organize constitutes a violation of the principles of freedom of association. The Committee further recalls that in cases of alleged torture or ill treatment while in detention, governments should carry out inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible are taken to ensure that no detainee is subjected to such treatment. The Committee requests the Government to provide its observations on these allegations, and to ensure the respect of the abovementioned principles. It also requests the Government to provide its observations on the 2008, 2009 and 2011 ITUC comments.

The Committee also notes the comments submitted by Education International and the Nigeria Union of Teachers (NUT) on 31 August 2012, according to which employers of teachers in private educational institutions resist the express wish of their employees to belong to the NUT, and teachers in federal educational institutions have been coerced to join the Association of Senior Civil Servants of Nigeria and thus have been denied the right to belong to their professional union. The Committee recalls that teachers should have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests. The Committee requests the Government to provide its observations thereon.Civil liberties. In its previous comments, the Committee had noted the Government’s indication that eight suspects had been arrested in connection with the assassination of Mr Alhaji Saula Saka, the Lagos Zonal Chairman of the National Union of Road Transport Workers. The Committee had requested the Government to provide information concerning the results of the investigations being carried out and of any judicial proceedings. The Committee notes that the Government again indicates in its report that the assassination of Mr Saula Saka has been carried out as a result of internal squabbles within the trade union, that the police is still investigating the criminal case, and that update on the case will be forwarded as soon as the police report is received. The Committee urges the Government to provide the updated information referred to as well as detailed information on the results of the investigations being carried out with respect to the serious allegations of violence against trade unionists. The Committee also urges the Government to provide detailed information on the results of any judicial proceedings in this regard, and, in case of conviction, to ensure that any sentence imposed on the perpetrators is implemented.

Legislative issues

Article 2 of the Convention. Legislatively imposed trade union monopoly. In its previous comments, the Committee had raised its concern over the legislatively imposed trade union monopoly and in this respect, it requested the Government to amend section 3(2) of the Trade Union Act, which restricts the possibility of other trade unions from being registered where a trade union already exists. The Committee notes that the Government states in its report that trade union membership is voluntary and tailored along industrial basis. The Committee recalls that under Article 2 of the Convention, workers have the right to establish and to join organizations of their own choosing without distinction whatsoever, and that it is important for workers to be able to establish a new trade union for reasons of independence, effectiveness or ideological choice. It therefore once again requests the Government to amend section 3(2) of the principal Trade Union Act taking into account the aforementioned principles.

Organizing in export processing zones (EPZs). In its previous comments, the Committee had noted the Government’s statement that the Federal Ministry of Labour and Productivity was still in discussion with the EPZ authority on the issues of unionization and entry for inspection in the EPZs. The Committee had also noted the ITUC’s comments, according to which section 13(1) of the EPZ Authority Decree 1992 makes it difficult for workers to form or join trade unions as it is almost impossible for worker representatives to gain free access to the EPZs. The Committee notes the Government’s indication that: (1) the Export Processing Zone Authority is not opposed to trade union activities; (2) part iii of the Federal Ministry of Labour and Productivity Guidelines on Labour Administration and Issues in Contract Staffing/Outsourcing in the Oil and Gas Sector apply to EPZs; and (3) unionization has commenced, e.g. the Amalgamated Union of Public Corporations, Civil Service, and Technical and Recreational Services Employees has started organizing its members there. Bearing in mind the commitment to tackle the issue expressed by the Government, the Committee welcomes the information concerning the commencement of unionization in EPZs and requests the Government to transmit a copy of the abovementioned Ministerial Guidelines. It requests the Government to continue to ensure that EPZ workers enjoy the right to establish and join organizations of their own choosing, as provided by the Convention. It further requests the Government to provide information in its next report on the issue of reasonable access to EPZs for representatives of workers’ organizations.

Organizing in various government departments and services. In its previous comments, the Committee requested the Government to amend section 11 of the Trade Union Act, which denied the right to organize to employees in the Customs and Excise Department, the Immigration Department, the prison services, the Nigerian Security Printing and Minting Company Limited, the Central Bank of Nigeria, and Nigeria Telecommunications. The Committee noted that this section was not amended by the Trade Union (Amendment) Act. The Committee had noted that according to the Government’s statement, the Collective Labour Relations Bill, pending before the lower chamber of Parliament, would address this issue. The Committee notes that, according to the Government’s report, the Collective Labour Relations Bill is still pending before the National Assembly. The Committee firmly expects that the Collective Labour Relations Act amending section 11 of the Trade Union Act will be adopted in the near future. It also requests the Government to send a copy of the Collective Labour Relations Act, once it is adopted.

Minimum membership requirement. The Committee had previously expressed its concern over section 3(1) of the Trade Union Act requiring 50 workers to establish a trade union, considering that even though this minimum membership would be permissible for industry trade unions, it could have the effect of hindering the establishment of enterprise organizations, particularly in small enterprises. The Committee had noted the Government’s statement that section 3(1)(a) applies to the registration of national unions, and that at the enterprise level, there is no limit to the number of people to establish a trade union. The Committee notes that the Government indicates in its report that the country operates an industry-based system, and that workers in small enterprises form branches of the national union. Noting this information, the Committee requests the Government to take measures to amend section 3(1) of the Trade Union Act to clearly indicate that the minimum membership requirement of 50 workers does not apply to the establishment of trade unions at the enterprise level.

Article 3. Right of organizations to organize their administration and activities and to formulate programmes without interference from the public authorities. Administration of organizations. The Committee recalls that, in its previous comments, it had requested the Government to amend sections 39 and 40 of the Trade Union Act in order to limit the broad powers of the registrar to supervise the union accounts at any time, and to ensure that such a power was limited to the obligation of submitting periodic financial reports, or in order to investigate a complaint. The Committee notes the Government’s statement that the Collective Labour Relations Bill that addressed this issue is yet to be passed. The Committee once again expresses the firm hope that the Collective Labour Relations Act will fully take into account its comments and will be adopted without delay.

Activities and programmes. The Committee recalls that it had previously commented upon certain restrictions to the exercise of the right to strike (section 30 of the Trade Union Act, as amended by section 6(d) of the Trade Union (Amendment) Act, imposing compulsory arbitration, requiring a majority of all registered union members for calling a strike, defining “essential services” in an overly broad manner, containing restrictions relating to the objectives of strike action and imposing penal sanctions including imprisonment for illegal strikes; and section 42 of the Trade Union Act, as amended by section 9 of the Trade Union (Amendment) Act, outlawing gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or other premises). The Committee notes that the Government indicates that: (1) the right to strike of workers is not inhibited; (2) the Collective Labour Relations Bill has taken care of the issue of essential services; (3) in practice, trade union federations go on strike or protest against the Government’s socio-economic policies without sanctions; and (4) section 42 as amended only aims at guaranteeing the maintenance of public order. The Committee firmly hopes that, in the process of legislative review, all measures will be taken to amend the abovementioned provisions of the Trade Union Act, taking into account the Committee’s comments in regard to these matters (see General Survey of 2012 on the fundamental Conventions concerning rights at work in light of the ILO Declaration on Social Justice for a Fair Globalization, 2008, paragraphs 117 to 161). The Committee requests the Government to indicate in its next report the measures taken or envisaged in this respect.

Furthermore, the Committee had previously requested the Government to indicate the measures taken or envisaged to ensure that workers in EPZs have the right to freely organize their administration and activities and to formulate their programmes without interference by the public authorities. The Committee notes that the Government reiterates that the Export Processing Zone Authority is not opposed to union activities and refers to the Guidelines on Labour Administration and Issues in Contract Staffing/Outsourcing in the Oil and Gas Sector. The Committee requests the Government to supply a copy of the Guidelines.

Article 4. Dissolution by administrative authority. In its previous comments, the Committee had requested the Government to amend section 7(9) of the Trade Union Act by repealing the broad authority of the Minister to cancel the registration of workers’ and employers’ organizations, as the possibility of administrative dissolution under this provision involved a serious risk of interference by the public authority in the very existence of organizations. The Committee notes that the Government reiterates its earlier position that the issue has been addressed by the Collective Labour Relations Bill which is currently before the National Assembly. The Committee once again expresses the firm hope that the Collective Labour Relations Act will be enacted without further delay and adequately address the issue.

Articles 5 and 6. Right of organizations to establish federations and confederations and to affiliate with international organizations. The Committee had noted that section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 requires federations to consist of 12 or more trade unions in order to be registered and had requested practical information. The Committee notes that, in its report, the Government refers to and supplies a copy of the Trade Unions (International Affiliation) Act of 1996. The Committee notes that, according to section 1(2) of that Act, the application of a trade union for international affiliation shall be submitted to the Minister for approval. The Committee considers that legislation which requires that government permission be obtained for the international affiliation of a trade union is incompatible with the principle of free and voluntary affiliation of trade unions with international organizations. With regard to the requirement in section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 that federations shall consist of 12 or more trade unions, the Committee recalls that the requirement of an excessively high minimum number of trade unions to establish a higher level organization conflicts with Article 5. The Committee requests the Government to amend sections 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 and section 1 of the 1996 Trade Unions (International Affiliation) Act so as to retain a reasonable minimum number of affiliated trade unions in order not to hinder the establishment of federations, and to ensure that the international affiliation of trade unions does not require government permission.

Noting the Government representative’s statement before the Conference Committee on the Application of Standards in 2011 that five Labour Bills had been drafted with the technical assistance of the ILO, the Committee once again expresses the firm hope that appropriate measures will be taken to ensure that the necessary amendments to the laws referred to above are adopted in the very near future in order to bring them into full conformity with the Convention. It requests the Government to indicate the measures taken or envisaged in this respect. Lastly, the Committee once again invites the Government to accept an ILO mission in order to tackle the pending issues.