Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 346, Juin 2007

Effect given to the recommendations of the Committee and the Governing Body

1. 132. The Committee last examined this case at its November 2006 session [see 343rd Report, paras 1011–1029] and requested the Government to amend its legislation in line with the provisions of Conventions Nos 87 and 98 so as to:
2. – limit the definition of “essential services” to the strict sense of the term, i.e. to services the interruption of which would endanger the life, personal safety or health of the whole or part of the population;
3. – ensure that workers’ organizations may have recourse to protest strikes aimed at criticizing the Government’s economic and social policies that have a direct impact on their members and on workers in general, in particular as regards employment, social protection and standards of living, as well as in disputes of interest, without sanction;
4. – ensure that peaceful incitement of workers to participate in a strike action is not forbidden;
5. – ensure that the wording of section 42(1)(B) is not used to declare illegal peaceful strike actions, including picketing, workplace occupations and gathering and that any restrictions placed on strike actions aimed at guaranteeing the maintenance of public order are not such as to render any such action relatively impossible; and
6. – amend section 11 of the Trade Union Act 1973 so that 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, are ensured the right to organize and to bargain collectively.
7. 133. In its communication dated 1 March 2007, the Government states that Nigeria is operating a democratic administration where individuals and corporate organizations are free to initiate bills before the National Assembly. The Trade Unions (Amendment) Act 2005 was one of such bills. Before its enactment, the social partners and the ILO were requested to present memoranda on it to the National Assembly. It is not the Government’s intention to abort the process of a comprehensive review of Nigeria’s labour laws undertaken by the social partners in collaboration with the ILO. The Government points out that most of the issues raised in the present case have been addressed by the draft Collective Labour Relations Bill that was jointly reviewed by the social partners and the ILO. The Government indicates that both Bills have been approved by the Federal Executive Council and are being finalized for enactment by the National Assembly.
8. 134. With regard to the allegation that no tripartite consultation was held prior to the enactment of the Trade Unions (Amendment) Act 2005, the Government indicates that public hearings took place in both chambers of the National Assembly. The participation of all interested stakeholders, including the social partners and the ILO has greatly moderated the final draft of the Act. Moreover, the Government has, on several occasions, engaged in a dialogue with the social partners over the Trade Unions (Amendment) Act. In 2005, the Government invited the employers and workers’ representatives to a meeting to discuss the guidelines for the implementation of the Amendment Act. An interactive session among the social partners on the Amendment Act was organized on 20 December 2005. It was resolved at that meeting that the existing structure should be maintained, but that further consultations needed to be held. A subsequent interactive session was held on 24 January 2007. The social partners agreed to maintain the status quo. The Government has been in constant dialogue with the Nigeria Employers’ Consultative Association (NECA), the Trade Union Congress of Nigeria (TUC) and the Nigeria Labour Congress (NLC).
9. 135. With regard to the allegation that workers employed in the army, navy, air force, police force, customs and excise, immigration and prisons, preventive services are denied the right to establishing their organizations, the Government indicates that Convention No. 87 excludes members of the police and armed forces from its scope. However, other sectors mentioned have been noted and addressed by the Collective Labour Relations Bill. Moreover, the civilians working with the armed forces are not denied the right to join trade unions. Indeed, they are already unionized, depending on their cadres, and belong to either of the eight public sector unions.
10. 136. With regard to the alleged violations of the right to strike, the Government indicates that section 6(a) and (b) of the Trade Unions (Amendment) Act, which bans strikes and limits them to concerns constituting a “dispute of right” has been addressed by the draft Collective Labour Relations Bill. The Government considers, however, that because of the strong promotion of social dialogue, there has been no need to enforce this provision of the Act. Furthermore, section 9 of the Amendment Act (amending section 42(1)(B)) has also been taken care of by the draft Bill. The Government has not, at any given point in time, accosted any group of workers as a result of the application of section 9 of the Act.
11. 137. The Government adds that the new Trade Union (Amendment) Act is not intended to weaken the unity within the Nigerian workers. Rather, it aims at the democratization of the labour movement and compliance with the provisions of Convention No. 87. As a result of the new legislation, the Confederation of Free Trade Unions (CFTU) of Nigeria has recently merged with the NLC to form a bigger and stronger labour federation.
12. 138. Finally, the Government indicates its acceptance of the Office’s offer of technical assistance.
13. 139. The Committee recalls that the complainant in this case alleged that the Trade Union (Amendment) Act 2005, adopted without prior tripartite consultations, violated established freedom of association principles on strikes (in particular, sections 6(a) and (b) and 9), essential services (as defined under the Trade Dispute Act, to which the Trade Union Act refers) and the right to organize of workers employed in customs and excise, immigration, prisons and preventive services (section 11 of the Trade Union Act 1973, not amended by the Amendment Act). The Committee notes the Government’s statement that the social partners are involved in the process of the comprehensive review of the labour legislation.
14. 140. The Committee further notes the Government’s statement that most of the issues raised in the present case will be addressed in the Collective Labour Relations Bill, which is now being finalized for enactment by the National Assembly. While taking due note of this information, the Committee trusts that the Collective Labour Relations Bill will also provide for the necessary amendments to the Trade Union Act, so as to ensure that this Act is also brought into full conformity with Conventions Nos 87 and 98. In this regard, the Committee would recall, in particular, the need to ensure the right to organize of 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 through the amendment of section 11 of the Trade Union Act 1973.
15. 141. The Committee expects that the Committee’s recommendations will be reflected in the new legislation and welcomes the Government’s acceptance of ILO technical assistance. It requests the Government to keep the Committee of Experts on the Application of Conventions and Recommendations informed of the developments in the legislative review process.