Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nigeria (Ratification: 1960)

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 notes the comments made by the Nigeria Employers’ Consultative Association. It further notes the conclusions of the Committee on Freedom of Association in respect of Cases Nos. 1793 and 1935 (see 315th Report, adopted by the Governing Body at its 274th Session, March 1999).

The Committee notes that section 5(b) of the Trade Union (Amendment) Decree No. 1 of 1999 conditions the provisions of check-off facilities with the insertion of "no strike" and "no lock-out" clauses in relevant collective bargaining agreements. The Committee, like the Committee on Freedom of Association, considers that a legislative provision conditioning check-off payments on the inclusion of such clauses in collective agreements constitutes undue interference by the authorities in the right of workers’ organizations and of employers and their organizations to negotiate freely in accordance with Article 4 of the Convention. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to repeal this section of Decree No. 1 so as to ensure that workers’ organizations and employers and their organizations may negotiate freely without government interference.