Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee referred to the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, which contains provisions imposing certain restrictions on the organization of public assemblies, meetings and processions (sections 1–4), offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee recalled 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.

The Committee also refers in this connection to paragraphs 154 and 162 of its General Survey of 2007 on the eradication 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.

While noting the Government’s statement in the report that the Public Order Act, Cap. 382, does not impose restrictions on the organization of public assemblies by workers for trade union activities and there is therefore no conviction for violation, the Committee observes, however, that the above Act still imposes restrictions on the freedom of expression enforceable with sanctions involving compulsory labour, which is incompatible with the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While having noted the Government’s indication in its previous report that there was no record of the violation of the provisions of the Act, the Committee reiterates its hope that, pending the amendment, the Government will continue to provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

In its earlier comments, the Committee 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 compulsory prison labour. While having noted the Government’s repeated indication in its reports that no conviction has been made under the 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 and the indicated practice. Pending the amendment, the Government is requested to continue to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

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 enforceable with sanctions of imprisonment (which involves compulsory prison labour):

–      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 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.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. It also noted the Government’s indication in its 2005 report that the review of the labour laws had been completed and submitted to the federal Government for further action. In its latest report, the Government states that the provisions referred to above have been addressed in the Collective Labour Relations Bill. The Committee expresses the firm hope that all of the legislative provisions referred to above will soon be amended, so as to bring legislation into conformity with the Convention, and that the Government will indicate, in its next report, the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.