Observación (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

The Committee notes from the Government's report that the National Labour Advisory Council (a tripartite body responsible for examining the provisions of the labour legislation that are not in conformity with the Convention) is continuing its work and that its recommendations will be communicated to the ILO as soon as they have been submitted to, and approved by, the Government.

1. Articles 2 and 3 of the Convention. With reference to its detailed observation of 1989, the Committee recalls that it has been pointing out for many years the numerous fundamental discrepancies between the national legislation and certain Articles of the Convention, namely:

- the single trade union system established by law under which any registered trade union is compulsorily affiliated to the Nigerian Labour Congress, the only central organisation, which is designated by name; the establishment of a single trade union for each category of workers in accordance with a pre-established list; and too high a number of members for the establishment of a trade union;

- non-recognition of the right to organise of certain categories of workers (employees in the customs service, in mints, in the Central Bank of Nigeria and in the external telecommunications company);

- broad powers of the Registrar to supervise the accounts of trade unions at any time;

- the possibility of restricting the exercise of the right to strike through the imposition of compulsory arbitration beyond essential services in the strict sense of the term.

The Committee once again expresses the firm hope that the Government will examine most attentively the observations that it has been making for many years in this respect, and urges the Government to indicate in its next report the measures that have been taken to give full effect to the provisions of the Convention.

2. Article 5. The Committee also notes that the Government has adopted Decree No. 35 of 1989, which: prohibits any international affiliation of trade unions, orders the central trade union, industrial unions and employers' associations to cease any existing international affiliation outside the prescriptions laid down by the Decree; and sets out a restrictive list of the international workers' and employers' organisations to which these bodies may affiliate. The Decree provides for very heavy sanctions for persons or organisations which contravene it, including: fines; being struck off the register of trade unions; and/or sentences of imprisonment of up to five years.

The Committee points out that organisations of workers and employers have the right to affiliate with international organisations of workers and employers, to participate in their activities and to benefit from the advantages flowing from their affiliation (General Survey on Freedom of Association and Collective Bargaining, 1983, paragraphs 250-251); this principle has been reaffirmed on several occasions by the Committee on Freedom of Association. The Committee therefore invites the Government to repeal Decree No. 35 and to inform it in its next report of the measures that have been taken in this respect.

[The Government is asked to supply full particulars to the Conference at its 78th Session and to report in detail for the period ending 30 June 1991.]