Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report.

1. Trade Union (Amendment) Act. In its previous observations, the Committee had commented upon on a section of Decree No. 1 of 1999 which conditioned the provision of check-off facilities upon the insertion of “no strike” and “no lock-out” clauses in relevant collective bargaining agreements. The Committee notes with satisfaction that this provision has been abrogated by the Trade Union (Amendment) Act of 2005. The Committee notes with interest that this new legislation provides that a “membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member”.

2. Bill on collective labour relations. The Committee notes the Government’s statement according to which the National Assembly has not yet passed the bill on collective labour relations. The Committee recalls that the ILO technical assistance has been provided to the authorities and hopes that the future legislation will be in full conformity with the requirements of the Convention. The Committee requests the Government to send the new law once adopted.

3. Comments made by the Organization of African Trade Union Unity (OATUU) and the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention. The Committee notes the comments made by the OATUU in a communication dated 20 August 2004 as well as the ICFTU in communications dated 31 August 2005 and 10 August 2006. The comments concern in particular the fact that: (1) certain categories of worker are denied the right to organize (such as employees of the Customs and Excise Department, the Immigration Department, the Nigerian Security Printing and Mining Company, the Prison Service and the Central Bank of Nigeria) and therefore are deprived of the right to collective bargaining; (2) only unskilled workers are protected by the Labour Act against anti-union discrimination by their employer; (3) every agreement on wages must be registered with the Ministry of Labour, which decides whether the agreement becomes binding according to the Wages Board and Industrial Council Acts according to the Trade Dispute Act (it is an offence for an employer to grant a general or percentage increase in wages without the approval of the Minister); (4) article 4(e) of the 1992 Decree on Export Processing Zones states that “employer-employee” disputes are not matters to be handled by trade unions but rather by the authorities managing these zones; and (5) article 3(1) of the same Decree makes it very difficult for workers to form or join trade unions as it is almost impossible for worker representatives to gain free access to the export processing zones (EPZs). The Committee requests the Government to send its reply on these comments.

Concerning the abovementioned point (1), the Committee observes that the Committee on Freedom of Association has underlined that the functions exercised by employees of customs and excise, immigration, prisons, and preventive services should not justify their exclusion from the right to organize on the basis of Article 9 of Convention No. 87 (see 343rd Report of the Committee on Freedom of Association, paragraph 1027). The Committee requests the Government to amend section 11 of the Trade Union Act (1973) so that these categories of workers are granted the right to organize and to bargain collectively, as well as for all public employees not engaged in the administration of the State.