Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the report submitted by the Government. It also notes the comments made by the Organization of African Trade Union Unity (OATUU) in a communication dated 20 August 2004 concerning the Bill to amend the Trade Unions Act. It requests the Government to send its observation thereon.

In its earlier comments, the Committee noted that section 5(b) of the Trade Union (Amendment) Decree No. 1 of 1999, a legislative provision conditioning check-off payments on the inclusion of "no strike" and "no lockout" clauses in relevant collective bargaining agreements, amounted to undue interference by the authorities with regard to the right of workers’ organizations and employers and their organizations to negotiate freely without government interference, in violation of Article 4 of the Convention. The Committee noted the Government’s statement to the effect that section 5(b) of the Trade Union (Amendment) Decree No. 1 of 1999 would be abrogated during the next review of the labour law.

The Committee notes that in its latest report the Government indicates that the labour review is still under process with ILO technical assistance and the involvement of the social partners through the National Labour Advisory Council.

While taking due note of this information, the Committee requests the Government to transmit a copy of the relevant legislation once adopted and hopes that it will be in full conformity with the Convention.