Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Nigeria (RATIFICATION: 1961)

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Legislation giving effect to the Convention. The Committee takes note of the adoption in 2018 of a new Regulation on Lifting and Allied Work Equipment (Safety) which gives effect to the provisions of the Convention in relation to the survey and inspection of hoisting machines employed in loading and unloading work in ports (Article9(1),(2),(4),(5) and (7) and Article11(1) and (2)). The Committee also notes the indication from the Government that the Occupational Safety and Health Bill, which would specifically address health and safety in ports, has been reviewed and validated by the social partners and will be submitted to the National Assembly. The Committee requests the Government to provide information on any progress made in the adoption of the Occupational Safety and Health Bill and to provide a copy once adopted.

Part V of the report form. Application in practice. The Committee notes with regret that the Government again fails to provide information on the application of the Convention in practice, despite its reiterated request. The Committee once again urges the Government to provide detailed and updated information on the application of the Convention in practice, including, for example, relevant extracts from inspection reports and available statistics on the number and nature of the violations reported, and the nature and cause of occupational accidents recorded in ports.

Prospects for the ratification of the most up-to-date Convention.The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

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Legislation giving effect to the Convention. The Committee notes that the Government refers in its 2017 report to the following texts giving effect to the Convention: the Factories Act, as amended in 2004, and its implementing regulations, the Docks (Safety of Labour) Regulations, 1958, and the Docks (Sanitary Accommodation) Regulations, 1958; the Nigerian Maritime Administration and Safety Agency (NIMASA) Act, 2007; and the Nigerian Merchant Shipping Act, 2007. The Government also indicates that it is in the process of drafting a bill on occupational safety and health that will specifically address the issue of the safety and health of port workers in accordance with international best practices and current realities. The Government adds that it is in the process of developing regulations on lifting equipment and allied work equipment. The Committee requests the Government to provide information on any progress made in the adoption of these laws and regulations and to provide copies once they are adopted.

Part V of the report form. Application in practice. The Committee recalls that since 2001 it has been asking the Government to provide information on the application of the Convention in practice. In its report, the Government included a report of an investigation of the accident that led to the death of two dockworkers in 2006 at terminal C of the Tincan Port in Lagos. The Committee observes that, according to this investigation, the safety measures adopted by the subcontractor were inadequate. The Committee requests the Government to provide detailed and updated information on the application of the Convention in practice including, for example, relevant extracts from inspection reports and current statistics on the number and nature of the violations reported and on the number, nature and cause of the accidents recorded.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to consider the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to report any developments and recalls that it can avail itself of ILO technical assistance in this regard.

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Part V of the report form. Application in law and in practice. The Committee notes with regret that no information has been provided by the Government on the application of this Convention since 2001. The Committee therefore asks the Government to provide information on the relevant and effective legislation which gives effect to the Convention, and to provide information on the manner in which the Convention is applied in practice supported by, for example, extracts from inspection reports, statistics, and details of the number of contraventions and accidents recorded.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5 (Rev.1), paragraphs 99–101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5 (Rev.1), paragraphs 99–101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

2. The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 ((GB.268/LILS/5 (Rev.1), paragraphs 99–101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee notes the reports supplied by the Government.

The Committee draws the Government’s attention to Part V of the report form and invites the Government to provide information on the manner in which the Convention is applied in practice, supported by, for example, excerpts from inspection reports, statistics, and details of the number of recorded contraventions and accidents.

The Committee also reminds the Government that the Governing Body has invited the States parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 ((GB.268/LILS/5 (Rev.1), paragraphs 99-101). The Committee would be grateful if the Government could supply information on this matter in its next report.

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The Committee takes note from the information supplied in the Government's report of the adoption of the Dock Labour Decree (No. 13) of 1979 and of the Factories Decree (No. 16) of 1987. It requests the Government to supply the text of these Decrees with its next report.