Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nigeria (Ratification: 1960)

The Committee notes the information provided by the Government in reply to its earlier comments. It notes with interest that the State Security (Detention of Persons) Decree No. 2 of 1984, to which it has been referring since a number of years, has been repealed by Decree No. 63 of 1999.

Article 1(a) of the Convention. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, as amended, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions (sections 1-4), and that offences are punishable with imprisonment (sections 3(c) and 4(5)). The Committee requests the Government to indicate whether this Decree continues to be in force, and if so, to provide information on its application in practice, including information on convictions under the above provisions and on penalties imposed, and supply copies of relevant court decisions.

Please also supply a copy of the Nigerian Press Council Decree No. 60 of 1999, which imposes certain restrictions on journalists’ activities enforceable with penalties of imprisonment for a term of up to three years. Please provide information on its practical application, indicating, in particular, any recent convictions under the said Decree, as well as penalties imposed, and supply copies of relevant court decisions.

The Committee would be grateful if the Government would also provide information on the National Action Plan for the Human Rights Steering Committee and Coordinating Committee, as well as on the activities of the Human Rights Violations Investigation Panel, established in 1999.

Article 1(c) and (d). In its earlier comments the Committee referred to the following legislative provisions:

-  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 seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

-  section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. The Government indicates in its latest report that section 13(1) and (2) of Decree No. 7 of 1976 (now section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990) will be tabled for amendment during the review exercise. The Committee trusts that this legislation if passed, will ensure the observance of the Convention. The Committee asks the Government to indicate, in its next report, the progress of appropriate legislation to ensure compliance with the Convention.