Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information provided in the Government's latest report. It also takes note of the conclusions of the Committee on Freedom of Association in Cases Nos. 1793 and 1935 (see 315th Report, approved by the Governing Body at its 274th Session, March 1999).

With reference to its previous comments concerning non-interference of government officials in trade union affairs, the Committee notes with satisfaction the information provided by the Government to the Committee on Freedom of Association to the effect that the workers of the Nigerian Labour Congress have freely elected their representatives in a Congress which took place on 27 January 1999 (see 315th Report, paragraph 19).

The Committee further notes with satisfaction the adoption in 1999 of the Trade Unions (Amendment) Decrees Nos. 1 and 2 which have modified previous amendments to the Trade Unions Act along the lines previously indicated by the Committee and in particular concerning: the restructuring of industrial unions; the redefinition of the term "member of a trade union" to include persons either elected or appointed by a trade union to represent workers' interests; restoring appeals to appropriate courts in respect of registrations cancelled by administrative authority; and the repeal of the sanction of five years' imprisonment for unauthorized international affiliations.

Noting however that a certain number of discrepancies between the legislation and the provisions of the Convention still remain, the Committee wishes further information from the Government on the points below.

Article 2 of the Convention (the right of workers to form and join organizations of their own choosing)

(a) Legislatively imposed trade union monopoly and the restructuring of industrial unions under Decree No. 4 of 1996

The Committee notes with interest the adoption of the Trade Unions (Amendment) Decree No. 1 of 1999 which deletes all restricting references to "twenty-nine" unions in the Trade Unions Act as previously amended and adds to the list in the schedule to the Act a reference to "any other workers' trade union registered under this Act". The Committee continues to note however that under section 3(2) of the Trade Unions Act no trade union shall be registered to represent workers or employers in a place where a trade union already exists. Furthermore, the Committee notes that section 33(2) of the Act which deems all registered trade unions to be affiliated to the Central Labour Organisation which is named in the law (section 33(1)) has not been amended. The Committee requests the Government to indicate the measures envisaged to amend the Trade Unions Act in order to ensure that workers have the right to form and join the union of their own choosing at all levels outside the trade union specifically mentioned in the law if they so wish.

(b) Organizing in export processing zones

Noting that section 4(e) of the Export Processing Zones Decree, 1992, sets forth the functions and responsibilities of the Export Processing Zones Authority to include the resolution of disputes between "employers and employees" (rather than workers' organizations or unions) in the zone and that, under section 13(1), no person shall enter, remain in or reside in a zone without the prior permission of the Authority, the Committee requests the Government to indicate the measures taken to ensure that zone workers may form and join the organization of their own choosing in the furtherance and defence of their occupational interests and, in particular, the measures taken to ensure that representatives of workers' organizations may have reasonable access to the zones so that trade unions can communicate with workers in order to apprise them of the potential advantages of unionization.

(c) Further obstacles

The Committee recalls that its previous comments also concerned the following discrepancies in the Trade Unions Act in respect of the right for workers to form organizations of their own choosing without previous authorization:

-- section 3(1) of the Act sets the excessively high requirement of 50 workers to form a trade union;

-- section 11 of the Act 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.

It once again requests the Government to indicate the measures envisaged to amend the Trade Unions Act in respect of these matters in order to ensure full compliance with Article 2.

Article 3 (the right to elect officers in full freedom, to organize their administration and activities and to formulate programmes without government interference)

(a) The right to strike

1. Export processing zones. The Committee notes that section 18(5) of the Export Processing Zones Act provides that there shall be no strikes or lockouts for a period of ten years following the commencement of operations within a zone. The Committee recalls that such a prohibition is incompatible with the provisions of the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 169) and requests the Government to indicate the measures taken or envisaged to ensure that workers, including those in export processing zones, have the right to establish organizations of their own choosing and that such organizations have the right to organize their activities and to formulate their programmes without interference by the public authorities.

2. Conditional check-off facilities. The Committee notes that section 5 of the Trade Unions (Amendment) Decree No. 26 of 1996 which makes check-off payments to unions conditional upon the inclusion of "no-strike" clauses in collective agreements has not yet been repealed but has only been amended by Decree No. 1 to refer also to "no lock-out" clauses. The Committee considers that such a legislative requirement hinders the right of workers' organizations to formulate their programmes and activities without interference by the public authorities. It therefore requests the Government to indicate the measures taken or envisaged to allow workers' and employers' organizations to bargain freely on such an issue.

(b) Further obstacles

The Committee recalls its previous comments concerning the need to amend:

-- the possibility of imposing compulsory arbitration (other than in cases of essential services in the strict sense of the term and for public servants exercising authority in the name of the State or in the case of acute national crisis) under penalty of a fine or six months' imprisonment for any person failing to comply with a final award issued by the National Industrial Court (section 7 of Decree No. 7 of 1976 amending the Trade Disputes Act);

-- the broad powers of the Registrar to supervise the union accounts at any time (sections 39 and 40 of the Trade Unions Act) to ensure that such a power is limited to the obligation of submitting periodic financial reports, or in order to investigate a complaint.

The Committee requests the Government to indicate the measures envisaged to amend these provisions in order to ensure full conformity with the principles of freedom of association.

Article 4 (cancellation of registration by administrative authority)

While noting with interest the amendment introduced by Decree No. 1 of 1999 which restores the possibility of appealing administrative decisions to cancel registrations to the appropriate courts, the Committee continues to note that the amendment made in 1996 to section 7(9) of the Trade Unions Act giving broad authority to the Minister to revoke the certification of any registered trade union due to "overriding public interest" has been maintained. Recalling that organizations of workers and employers should not be liable to dissolution by administrative authorities, the Committee requests the Government to amend the Act by repealing the broad authority of the Minister to cancel registration so as to bring the legislation into full conformity with this Article of the Convention.

Articles 5 and 6 (international affiliation)

With reference to its previous comments, the Committee notes with interest the Trade Unions (International Affiliation) (Amendment) Decree No. 2 of 1999 which amends Decree No. 29 of 1996 by providing generally that any trade union may affiliate with any international labour organization or trade secretariat in accordance with the Decree and repeals the provision of the earlier Decree which had provided for sanctions of up to five years' imprisonment for any unapproved international affiliation. The Committee does note, however, that Decree No. 2 of 1999 still provides that an application for affiliation must be submitted with details to the Minister for approval. While noting that a refusal of an application for affiliation can be appealed to the National Industrial Court, the Committee considers that a provision which requires ministerial approval for international affiliation on the basis of a detailed application infringes on the rights of workers' organizations to affiliate with international workers' organizations freely. It therefore requests the Government to indicate the measures taken or envisaged to amend this Decree so that workers' organizations may affiliate with the international workers' organization of their own choosing free from interference by the public authorities.