Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nigeria (Ratification: 1960)

The Committee takes note of the Government's report and the information supplied by a Government representative at the Conference Committee in 1991.

1. Article 5 of the Convention (affiliation to international workers' and employers' organisations). With reference to its previous comments, the Committee notes with satisfaction that Decree No. 35 of 1989 prohibiting the international affiliation of trade unions has been repealed by Decree No. 32 of 1991.

2. Articles 2 and 3. The Committee recalls, however, that, for several years, the fundamental discrepancies between the national legislation and the Convention concerned the following points:

- the single trade union system established by law under which any registered trade union is compulsorily affiliated to the Nigerian Labour Congress, the only central organisation, which is designated by name; the establishment of a single trade union for each category of workers in accordance with a pre-established list; too high a number of members for the establishment of a trade union;

- non-recognition of the right to organise of certain categories of workers (employees in the customs service, in mints, in the Central Bank of Nigeria and in the External Telecommunications Company);

- broad powers of the Registrar to supervise the accounts of trade unions at any time;

- the possibility of restricting the exercise of the right to strike through the imposition of compulsory arbitration beyond essential services in the strict sense of the term.

The Committee observes that, in its latest report, the Government merely indicates that it notes the comments of the Committee and that the subcommittee of the National Labour Advisory Council responsible for the review of the labour laws has not yet concluded its work. The Committee again expresses the hope that the Government will examine very closely the observations that it has been making for several years in this respect, and urges the Government to indicate in its next report the measures taken to give full effect to the provisions of the Convention.