Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 1(a) of the Convention. Political coercion and
punishment for holding or expressing views opposed
to the established system

1. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions enforceable with sanctions of imprisonment (involving an obligation to work). The Committee notes that the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, supplied by the Government with its report, imposes similar restrictions on the organization of public assemblies, meetings and processions (sections 1 to 4), offences being punishable with imprisonment (sections 3 and 4 (5)).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133 to 140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

The Committee therefore hopes that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While noting the Government’s indication in the report that there is no record of the violation of the provisions of the Act, the Committee asks that, pending the amendment, the Government will provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

2. The Committee previously referred to the Nigerian Press Council (Amendment) Act, 2002, which imposes certain restrictions on journalists’ activities enforceable with penalties of imprisonment (section 19(1) and (5)(a)), which involves an obligation to work. While noting the Government’s indication in the report that no journalist has been convicted under this Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention. Pending the amendment, the Government is requested to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

3. The Committee previously noted the Government’s indication that the Human Rights Violations Investigation Panel, established in 1999, has concluded its assignment and forwarded the report to the federal Government, which was supposed to release a white paper on it. The Committee would appreciate it if the Government would supply copies of the Panel’s report and the white paper, as soon as they are released.

Article 1(c) and (d). Punishment for breaches of
labour discipline and for participation in strikes

In its earlier comments the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct fulfilment of a contract of employment and posting of security for the due performance of so much of the contract as remains unperformed, and a person failing to comply with such direction may be committed to prison; section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons; section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. The Government states in its latest report that the review of the labour laws has been completed and submitted to the federal Government for further action. The Committee trusts that the legislative provisions referred to above will be amended in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to indicate, in its next report, the progress achieved in this regard.