Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee notes from the Government's report that the Senate Committee on Labour, the purpose of which was to review all labour laws adopted during the previous military regime, has been replaced by the National Labour Advisory Committee. This new tripartite body is currently continuing the review of labour laws, and particularly the provisions of the Trade Unions Decree (No. 31) of 1973, as amended by Decrees Nos. 22 of 1978 and 17 of 1986, which were not in accordance with a number of Articles of the Convention.

In this connection, the Committee recalls that for several years its comments have been concerned with numerous discrepancies between the national legislation and the Convention on a number of matters:

1. The single-trade-union system laid down by the legislation under section 33(1) and (2) of the Trade Unions Decree (No. 31), as amended in 1978 and 1986, under which any registered trade union is compulsorily affiliated to the Nigerian Labour Congress, the only central organisation, which is designated by name, and under section 3(2) of Decree No. 31 which provides for the establishment of one trade union for each category of workers in accordance with a pre-established list and which establishes a too high minimum number of members for the creation of a trade union (50 workers).

2. The non-recognition of the right to organise of certain categories of workers under section 11 of the above Decree, whereas only the armed forces and the police may be excluded from the provisions of the Convention.

3. The broad powers of the Registrar to supervise the accounts of trade unions at any time under sections 42 and 43 of the above Decree.

4. The possibility of restricting the exercise of the right to strike through the imposition of compulsory arbitration by virtue of various provisions of the Trade Disputes Decree (No. 7) of 1976 beyond essential services in the strict sense of the term.

Single-trade-union system

With regard to the single-trade-union system set forth by law, the Government explains once again that it responded to the desires of the workers to amalgamate the many trade unions and the four central organisations which had existed at the time when it gave its agreement to this amalgamation. It adds that in several establishments, particularly medical and educational establishments, in some industries and in the public sector there is more than one union per establishment.

While noting these statements, the Committee understands that this situation reflects the structure established through the legislation, which provides for trade union unity for each occupational category according to a pre-established list, and for the grouping of trade unions in federations in a pyramid structure and for a single central organisation designated by name.

The Committee emphasises that, although the objective of the Convention is not to express support either for trade union unity or for trade union pluralism, the principle set forth in Article 2 of the Convention implies that pluralism should be possible in all cases. It is for the workers themselves to join together in a single trade union structure if they consider that it is in their interests, but the law must not institutionalise this factual situation. Workers must be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure.

However, the Convention does not prevent a distinction being established between the most representative trade unions and other trade unions provided that this distinction is limited to the recognition of certain rights - principally in regard to representation for the purposes of collective bargaining, consultation by governments, or designating representatives to international organisations - to the most representative trade unions, determined according to objective and pre-established criteria. However, in all circumstances, minority organisations should be allowed to formulate their programmes, to have the right to make representations on behalf of their members and to represent them in the case of individual grievances (see paragraphs 136, 137 and 141 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

In view of the fact that the law imposes a single-trade-union system in favour of a single central organisation that is designated by name, contrary to the terms of the Convention, the Committee once again requests the Government to indicate the measures that it has taken to give effect to the Convention on this point.

Recognition of the right to organise of certain categories of workers

The Committee notes that employees in minting establishments and in the Central Bank of Nigeria may establish joint consultative committees, but still do not appear to have the right to organise themselves in trade unions or to join a trade union, by virtue of section 11 of the above Decree, whereas these employees are covered by the Convention. The Committee once again requests the Government to indicate in its next report the measures that it has taken or that it envisages taking to give these workers the right to organise.

The right of trade union organisations to organise their administration

With regard to the wide powers of the Registrar to supervise the accounts of trade unions, the Government indicates once again that the powers of the Registrar are limited to enforcing probity and the capability of trade union officials to manage the funds of trade unions. In this connection, it emphasises that many petitions from trade union members have been made to the Government for it to intervene and prevent mismanagement of the funds.

The Committee points out that supervision of union finances should not normally go beyond a requirement for the organisation to submit periodic financial returns, and that investigatory measures should be restricted to cases of presumed irregularities that are apparent from annual financial statements or from complaints reported by members of the trade union (see paragraph 188 of the General Survey).

The Committee therefore requests the Government to re-examine sections 42 and 43 of Decree No. 31 in the light of its comments in order to guarantee trade union organisations the right to organise their administration without any interference by the public authorities which would restrict this right, in accordance with Article 3.

Recourse to compulsory arbitration

With regard to the restrictions on the right to strike which may result from the imposition of compulsory arbitration (Decree No. 7 of 1976), the Government states that the legislation in question is intended to bring to an end a dispute before it becomes uncontrollable and to prevent workers and their families, to whom no pay is given during strikes, being without resources for a long period. However, the Government repeats its previous statements to the effect that, in practice, workers have on various occasions called a strike without it taking action.

The Committee recalls that the exercise of the right to strike should be one of the means available to workers and their organisations for the promotion and defence of their interests, and that restrictions or bans on strikes should be imposed only on public servants acting in their capacity as agents of the public authority or in essential services in the strict sense of the term, namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national emergency for a limited period (in this connection see paragraphs 200, 214 and 226 of the General Survey).

The Committee expresses the firm hope that the Government will examine attentively the conclusions and observations that it has set out above and requests it to indicate in its next report the measures that have been taken to suppress the single-trade-union system that is imposed by law, to grant the right to organise to all workers other than those in the armed forces and the police, to limit the powers of the authorities concerning the supervision of trade union finances and to remove the excessive legal restrictions on the exercise of the right to strike.