Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the information in the report submitted by the Government and the comments made by the Organisation of African Trade Union Unity (OATUU). The Committee also takes note of the Trade Unions (Amendment) Bill, 2004, passed by the Senate and pending before the House of Representatives, which appears to address a number of the comments made by the OATUU.

The Committee notes the Government’s statement that, with ILO technical assistance and the involvement of social partners through the National Labour Advisory Council, the review of the labour laws of the country is still ongoing. The Committee trusts that this review will take into account all of the outstanding comments so as to ensure the full application of the Convention and requests the Government to keep the Committee updated as to the Bill’s progress and to transmit a copy of all relevant legislative texts as soon as they have been adopted.

Article 2 of the Convention. (a) Legislatively imposed trade union monopoly. The Committee takes note of the Government’s statement that the restrictions imposed by Decree No. 4 of 1996 have been amended by Decree No. 1 of 1999 which provides for the registration of other unions with no limitations. The Committee recalls that, in its previous comments, it had drawn attention to the contradiction between section 3(2) of the Trade Unions (Amendment) Decree No. 1 of 1999 which restricts the possibility of other trade unions being registered to represent workers in a place where a trade union already exists and the annexed list of industrial unions that allows for the registration of other unions. The Committee had therefore requested the Government to take the necessary measures to rectify this contradiction by amending section 3(2) in order to ensure that workers have the right to form and join the organization of their own choosing even if another organization already exists. The Committee asks the Government once again to keep it informed of the measures taken in this respect.

The Committee recalls that, in its previous comments, it had indicated the need to amend section 33(2) of the Trade Unions Act which deems all registered trade unions to be affiliated to the central labour organization named in section 33(1), in order to ensure that workers have the right to form and join the union of their choosing at all levels outside the trade union specifically mentioned in the law if they so wish. The Committee notes with interest that the Trade Unions (Amendment) Bill, 2004, proposes the deletion of section 33 of the principal Act and thus allows for the establishment of other central labour organizations.

The Committee also notes that the OATUU has drawn attention to a proposed amendment under a previous draft bill to amend the Trade Unions Act which provided that the Registrar should remove from the register the Nigeria Labour Congress (NLC) as the only central labour organization in Nigeria. The OATUU emphasizes that the right of Nigerian workers to belong through their industrial unions to the NLC should be respected and guaranteed and that the deregistration of the NLC by virtue of the said amendment would have amounted to a violation of the Convention. Noting that the most recent available version of the Trade Unions (Amendment) Bill does not refer to the removal of NLC from the register, the Committee trusts that the deletion of section 33 shall in no way affect its registration. It requests the Government to indicate the implications of these changes on the existence and functioning of the NLC.

(b) Organizing in export processing zones. The Committee takes note of the Government’s statement that the legally imposed restriction on union activities in export processing zones (EPZs) lapsed in 2003 and that the Federal Ministry of Labour and Productivity is in discussion with EPZ employers on the issues of unionization and entry for inspection. The Committee requests the Government to take the necessary measures in the near future to ensure that EPZ workers are guaranteed the right to form and join organizations of their own choosing, as provided by the Convention, and to transmit a copy of any new laws adopted in this respect. It further requests the Government to indicate the measures taken or envisaged to ensure that representatives of workers’ organizations have reasonable access to EPZs in order to appraise the workers in the zones of the potential advantages of unionization.

(c) Organizing in various government departments and services. The Committee recalls that, in its previous comments, it had requested the Government to amend section 11 of the Trade Unions Act which denies 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, the Central Bank of Nigeria and Nigerian External Telecommunications. The Committee notes the Government’s reference in this regard to the labour law review and requests the Government to indicate in its next report the measures taken or envisaged to ensure that the aforesaid categories of workers are granted the right to organize.

(d) Minimum membership requirement. The Committee recalls that, in its previous comments, it had expressed the view that the requirement under section 3(1) of the Trade Unions Act of 50 workers to form a trade union is too high and could, in practice, restrict the right of workers to form organizations of their own choosing. Noting the Government’s reference to the labour law review in this respect, the Committee requests the Government to indicate the measures taken or envisaged to reduce the minimum membership requirement and thus ensure the right of workers to form organizations of their own choosing.

Article 3. The right of organizations to organize their administration and activities and to formulate programmes without interference from the public authorities. (a) Export processing zones. The Committee recalls that, in its previous comments, it had expressed the view that section 18(5) of the Export Processing Zones Act, which forbids strikes for a period of ten years following the commencement of operations within a zone, is incompatible with Article 3 of the Convention. Noting that the Federal Ministry of Labour and Productivity is still in discussion regarding EPZs and unionization, the Committee requests the Government to indicate in its next report 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, including through the exercise of industrial action.

(b) Conditional check-off facilities. In its previous comments, the Committee had expressed the view that section 5(b) of the Trade Unions (Amendment) Decree No. 1 of 1999 that conditioned check-off facilities on the inclusion of "no-strike" clauses in relevant collective bargaining agreements amounted to undue influence by the authorities in the right of workers’ organizations to formulate their programmes and organize their activities without interference by the Government. The Committee notes that the OATUU has drawn attention to the proposed amendment to section 16A of a draft Bill to amend the Trade Unions Act which maintained the conditional check-off facilities set out in section 5(b). The Committee notes with interest, however, that the new section 16A under the most recent version of the Trade Unions (Amendment) Bill as passed by the Senate does not subject check-off facilities for workers to any such conditionality and requests the Government to keep it informed of the progress made towards the adoption of this Bill.

(c) Compulsory arbitration. The Committee recalls that it has pointed out that restriction on strike action through the imposition of a compulsory arbitration procedure leading to a final award which is binding on the parties concerned constitutes a prohibition which seriously limits the means available to trade unions to further and defend the interest of their members, as well as their right to organize their activities and to formulate their programmes. Moreover, sanctions for strike action should be possible only where the prohibition in question is in conformity with the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 7 of Decree No. 7 of 1976 amending the Trade Disputes Act in order to limit the possibility of imposing compulsory arbitration to only essential services in the strict sense of the term, public servants exercising authority in the name of the State or in the case of acute national crisis. It further requests the Government to indicate the measures taken or envisaged to ensure that any sanctions for strike action are only possible where the prohibition is in conformity with the Convention and, even in such cases, that the sanctions are not disproportionate.

The Committee further notes that the Trade Unions (Amendment) Bill would amend section 30 of the Principal Act by inserting subsection (7) specifying that the provisions for arbitration in the Trade Disputes Act shall apply in all disputes affecting the provision of essential services and that the determination of the National Industrial Court in all such disputes shall be final. However, one of the conditions for a valid strike more generally stipulated by the newly inserted subsection (6) of section 30 is that the provisions for arbitration in the Trade Disputes Act have been complied with. The Committee therefore requests the Government to take necessary measures in respect of the Trade Unions Amendment Bill to ensure that compulsory arbitration be restricted to disputes related to essential services in the strict sense of the term.

(d) Further obstacles. The Committee recalls that, in its previous comments, it had indicated the need for the amendment of sections 39 and 40 of the Trade Unions 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 is limited to the obligation of submitting periodic financial reports, or in order to investigate a complaint. Noting that this matter appears not to be addressed in the Trade Unions Bill pending before the House of Representatives but that the Government refers to the ongoing process of the labour law review, the Committee requests the Government to indicate in its next report, the measures taken or envisaged to limit the broad powers of the Registrar in this respect.

Article 4. Dissolution by administrative authority. The Committee recalls that, in its previous comments, it had referred to the need to amend section 7(9) of the Trade Unions 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 the provision involved a serious risk of interference by the public authority in the very existence of organizations. Noting that this matter appears not to be addressed in the Trade Unions Bill pending before the House of Representatives but that the Government refers to the ongoing process of the labour law review, the Committee requests the Government to indicate in its next report, the measures taken or envisaged in this respect.

Articles 5 and 6. The right of organizations to establish federations and confederations and to affiliate with international organizations and the application of the provisions of Articles 2, 3 and 4 to federations and confederations of workers’ and employers’ organizations. Affiliation of trade unions with international workers’ organizations. The Committee recalls that, in its previous comments, it had emphasized that the requirement under the Trade Unions (International Affiliation) (Amendment) Decree No. 2 of 1999, of ministerial approval for international affiliation on the basis of a detailed application, infringes on the right of workers’ organizations to affiliate with international workers’ organizations freely. Noting that this matter appears not to be addressed in the Trade Unions Bill pending before the House of Representatives but that the Government refers to the ongoing process of the labour law review, the Committee requests the Government to indicate the measures taken or envisaged to amend Decree No. 2 of 1999 so as to ensure full conformity with Articles 5 and 6 of the Convention.

The Committee expresses the firm hope that appropriate measures will be taken in the very near future to make necessary amendments to the laws referred to above in order to bring them into full conformity with the Convention.