Observación (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes the Government's report and the declaration of the Government representative to the Conference Committee on the Application of Standards in June 1995, the discussion which followed and the resulting special paragraph in the Conference Committee's report. The Committee also notes the conclusions of the Committee on Freedom of Association in Case No. 1793 (300th Report of the Committee, approved by the Governing Body at its 264th Session (November 1995)). It recalls that the serious and fundamental discrepancies between national legislation and practice and the Convention concern the following points:

(a) the administrative dissolution of the executive council of the Nigerian Labour Congress (NLC) (Decree No. 9 of 18 August 1994);

(b) the administrative dissolution of the executive councils of the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) (Decree No. 10 of 18 August 1994), the members of the executive councils of NLC, NUPENG and PENGASSAN having thus been administratively revoked and replaced by government-appointed administrators;

(c) 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 organization 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 the excessively high minimum number of 50 workers to form a trade union (section 3(1) and (2) and section 33(1) and (2) of the Trade Unions Act of 1973 as modified by Decrees Nos. 22 of 1978 and 17 of 1986);

(d) broad powers of the Registrar to supervise the accounts of trade unions at any time (sections 42 and 43 of the Trade Unions Act);

(e) non-recognition of the right to organize of certain categories of workers (employees in the customs service, in mints, in the Central Bank of Nigeria and in the External Telecommunications Company) (section 11 of the Trade Unions Act);

(f) 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 (section 7 of Decree No. 7 of 1976 on industrial disputes);

(g) the restructuring of industrial/workers unions imposed by Government Notice No. 44 of 31 August 1993 which resulted in the restructuring of 41 previously registered industrial unions into 29 workers' unions in accordance with a pre-established list, thus confirming the trade union monopoly imposed by law.

The Committee takes note of the fact that the Government, acting upon the Committee's previous comments, has repealed Government Notice No. 44 of 31 August 1993 (published in the Official Gazette No. 24, Vol. 80) which imposed the restructuring of industrial/workers unions by issuing Government Notice No. 2 of 8 February 1995 published in the Official Gazette, Vol. 82. The Committee nevertheless observes the serious discrepancies which remain between the legislation and practice and the provisions of the Convention.

The administrative dissolution of the executive councils of the NLC, NUPENG and PENGASSAN contrary to Article 4 of the Convention

The Committee notes that the Government representative to the Conference Committee in June 1995 had indicated that Decrees Nos. 9 and 10 were of a transitionary character and that they would be repealed as soon as the committees formed by the unions had organized the elections of union delegates to the national Conference. In its report, the Government adds that elections were held at the branch and unit levels of NUPENG and PENGASSAN over the last four months and that the sole administrators responsible for the management of the unions held 650 elections at the unit level and 195 at the branch level, that is 845 elections in all.

The Committee notes with regret the Government's indication that the trade union elections have been organized by the sole administrators responsible for the management of the unions. It recalls that, in ratifying this Convention, the Government has undertaken to guarantee that workers' organizations elect their representatives in full freedom without interference by the public authority (Article 3, paragraph 2, of the Convention).

More generally, the Committee notes with concern that the Committee on Freedom of Association has referred in its 300th Report of November 1995 to the fact that the government-appointed sole administrator is still managing the NLC. The unions have demonstrated their dissatisfaction with the loss of their independence due, in particular, to the attempts made by the authorities to move the NLC headquarters from Lagos to Abuja and to the delay in holding the union elections.

The Committee, like the Committee on Freedom of Association in its recommendations, expresses the firm hope that the Government will: immediately repeal Decrees Nos. 9 and 10; allow independently elected officials to exercise their trade union functions once again; restore to the executive councils of the NLC, NUPENG and PENGASSAN access to their respective trade union premises and bank accounts and; withdraw suspension of the check-off facilities upon the request of individual workers and in respect of the unions which they have freely designated.

The powers of the Registrar to supervise the accounts of trade unions contrary to Article 3(1) and (2)

The Government representative indicated that the Registrar does not have any powers in this regard. In its report, the Government points out that a law concerning check-off facilities was adopted in 1990 (the Labour Act (Cap. 198) of 1990). According to the Government, this law confers a moral and statutory obligation on the Government to ensure that the workers' money thus deducted and turned over to the unions is properly used in the interest of the union members. The audited accounts are sent to the Registrar for information and scrutiny. Nevertheless, the unions themselves name the accountants without interference from the Registrar.

The Committee notes that sections 39 and 40 of the Labour Act continue to confer on the Registrar the power to supervise the union accounts at any time. The Committee recalls the importance it places on the right of workers' organizations to organize their administration and activities without interference from the public authorities. In the Committee's opinion, supervision should be limited to the submission of periodic reports and interference should only be permitted in the case of complaints and on the condition that there is a right to appeal to the competent judicial authority.

Trade union monopoly established by law contrary to Article 2

The Government indicates in its report that the Third Schedule of the Trade Unions Act of Nigeria, amended in 1990, Cap. 437, recognizes 70 trade unions. Moreover, section 5 of the Act provides that any group of workers who form themselves into a union in satisfaction with this provision can be registered as a trade union. The Government adds that 15 unions have been registered between 1978 and 1994, thus bringing a total of 85 unions currently registered. It concedes that 41 unions are affiliated to the NLC but, according to the Government, this does not mean that the 44 other unions outside the NLC are not recognized.

The Committee has already noted that, under the Act, senior staff unions are not required to be affiliated to the NLC. None the less, the Act continues to impose affiliation to the NLC for the 41 trade unions designated by name on the pre-established list. The Committee once again requests the Government to amend its legislation to ensure for all workers without distinction whatsoever the right to form and join organizations of their own choosing including outside the established trade union structure if they so wish.

Taking note of the latest information and comments contained in the Government's report, the Committee observes that the Subcommittee of the National Labour Advisory Council was assigned the responsibility of reviewing and updating the Trade Unions Act, the Trade Disputes Act, the Trade Disputes Essential Services Act, the Labour Act, the Wages Boards and Industrial Councils Act, the Workman's Compensation Act and the Factories Act. The Government adds that the National Labour Advisory Council will study the Subcommittee's report, including the proposed amendments concerning the discrepancies relative to the Convention, and that it will make appropriate recommendations for the promulgation of new labour legislation.

The Committee firmly hopes that, in the light of the above indications, the Government will rapidly take the necessary measures with respect to all the points raised to bring its legislation and practice into full conformity with the requirements of the Convention which it has freely ratified.

[The Government is requested to supply full particulars to the Conference Committee at its 83rd Session.)]