Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 indication that an issue highlighted by the International Trade Union Confederation (ITUC) in 2010 (storming of a trade union meeting by a combined team of army, police and the security services) has been solved through the conciliation procedure provided by the Trade Dispute Act. The Committee trusts that the Government will continue to make all efforts to ensure that the rights of workers’ and employers’ organizations are exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. The Committee also takes note of the ITUC’s observations received on 31 August 2016 and requests the Government to provide its comments in this regard, as well as a more detailed reply in relation to the specific allegations made by the ITUC in 2015 (denial of the right to join trade unions; mass persecution of union members; arrests and other violations).

The Committee recalls the observations submitted by Education International (EI) and the Nigeria Union of Teachers (NUT) in 2012 according to which teachers in federal educational institutions have been coerced to join the Association of Senior Civil Servants of Nigeria (ASCSN) and denied the right to belong to the professional union of their own choice. The Committee recalls that the dispute between the ASCSN and the NUT was referred to the Industrial Court of Nigeria. The Committee takes note of the Court’s judgment of 20 January 2016, which indicates that teachers at the 104 Unity Colleges of Nigeria are employed by the Federal Civil Service Commission and, as civil servants, they are automatically members of the ASCSN. The judgment indicates that the right of choice of a trade union to join is not absolute, as section 8 of the Trade Unions Act provides that “the qualification for membership of a trade union which shall include the provision to the effect that a person shall not be eligible for membership unless he or she has been normally engaged in the trade or industry which the trade union represents”. The Committee notes that the judgment indicates that any worker who wishes to disassociate from the ASCSN can write to the employer stating so and directing that the deduction of the check off dues be stopped and will then be able to join the NUT, if they so wish. In this respect, the Committee wishes to recall that, under Article 2 of the Convention, workers should be free to establish and join organizations of their “own choosing”. The Committee further recalls in this regard that any legislative imposition of membership to one trade union by branch of industry or by region is not compatible with the abovementioned Article of the Convention. The Committee requests the Government to provide information on the practical application of section 8 of the Trade Unions Act, including the frequency of workers exercising their option to disassociate from a legislatively assigned trade union and any complaints filed in this regard, and to take any necessary measures to ensure the full respect of the right of workers to establish and join organizations of their own choosing.

The Committee also takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Civil liberties. The Committee notes the Government’s indication that it is still awaiting the final police report, as well as the record of judicial proceedings, in relation to the prosecution of the eight suspects arrested in connection with the assassination of Mr Alhaji Saula Saka, the Lagos Zonal Chairman of the National Union of Road Transport Workers. The Committee requests the Government to provide detailed information on the results of the judicial proceedings, and, in case of conviction, on the nature and implementaion of the sentence.

Organizing in export processing zones (EPZs). The Committee recalls that its previous comments related to issues of unionization and entry for inspection in the EPZs, as well as to the fact that certain provisions of the EPZ Authority Decree, 1992, make it difficult for workers to join trade unions as it is almost impossible for worker representatives to gain access to the EPZs. The Committee notes the Government’s indication that a tripartite committee has been recently established under the chairmanship of the Federal Ministry of Labour and Employment to review and update the guidelines and to incorporate emerging trends in the world of work. The Committee welcomes the establishment of the tripartite committee and hopes that, in line with its comments, concrete measures will be taken in order to ensure that EPZ workers enjoy the right to establish and join organizations of their own choosing, as well as other guarantees under the Convention.

Pending legislative issues

In its report, the Government acknowledges the comments that this Committee has been making for a number of years on pending legislative issues and indicates that the proposed review of the Labour Standard Bill will afford an opportunity to give a tripartite consideration to the Committee’s comments. The Committee recalls the Government’s indication in 2014 that five Labour Bills, drafted with the technical assistance of the Office, were before the National Assembly and had yet to be passed. The Committee once again urges the Government to take appropriate measures to ensure that the necessary amendments to the laws referred to below are adopted in the very near future in order to bring them into full conformity with the Convention.

Article 2 of the Convention. Legislatively imposed trade union monopoly. In its previous comments, the Committee had raised its concern over the legislatively imposed trade union monopoly under section 3(2) of the Trade Union Act, which restricts the possibility of other trade unions from being registered where a trade union already exists. The Committee recalled that under Article 2 of the Convention, workers have the right to establish and to join organizations of their own choosing without distinction whatsoever, and that it is important for workers to be able to establish a new trade union for reasons of independence, effectiveness or ideological choice. The Committee therefore once again requests the Government to take measures to amend section 3(2) of the Trade Union Act taking into account the aforementioned principles.

Organizing in various government departments and services. In its previous comments, the Committee requested the Government to take measures to amend section 11 of the Trade Union Act, which denied the right to organize to employees in the Customs and Excise Department, the Immigration Department, the prison services, the Nigerian Security Printing and Minting Company Limited, the Central Bank of Nigeria, and Nigeria Telecommunications. The Committee had noted that the Collective Labour Relations Bill, pending before the lower chamber of Parliament, would address this issue. The Committee noted that the Collective Labour Relations Bill was still pending before the National Assembly. The Committee firmly trusts that the Collective Labour Relations Act amending section 11 of the Trade Union Act will be adopted in the near future. The Committee also requests the Government to send a copy of the Collective Labour Relations Act, once it is adopted.

Minimum membership requirement. The Committee had previously expressed its concern over section 3(1) of the Trade Union Act requiring 50 workers to establish a trade union, considering that even though this minimum membership would be permissible for industry trade unions, it could have the effect of hindering the establishment of enterprise organizations, particularly in small enterprises. The Committee had noted the Government’s statement that section 3(1)(a) applies to the registration of national unions, and that at the enterprise level, there is no limit on the number of people required to establish a trade union. The Committee noted the Government’s indication that the country operates an industry-based system, and that workers in small enterprises form branches of the national union. The Committee once again requests the Government to take measures to amend section 3(1) of the Trade Union Act, so as to explicitly indicate that the minimum membership requirement of 50 workers does not apply to the establishment of trade unions at the enterprise level.

Article 3. Right of organizations to organize their administration and activities and to formulate programmes without interference from the public authorities. Administration of organizations. In its previous comments the Committee had requested the Government to take measures to amend sections 39 and 40 of the Trade Union Act in order to limit the broad powers of the registrar to supervise the union accounts at any time, and to ensure that such a power was limited to the obligation of submitting periodic financial reports, or in order to investigate a complaint. The Committee noted the Government’s statement that the Collective Labour Relations Bill that addressed this issue has yet to be passed. The Committee once again expresses the firm hope that the Collective Labour Relations Act will fully take into account its comments and will be adopted without delay.

Activities and programmes. The Committee recalls that it had previously commented upon certain restrictions to the exercise of the right to strike (section 30 of the Trade Union Act, as amended by section 6(d) of the Trade Union (Amendment) Act, imposing compulsory arbitration, requiring a majority of all registered union members for calling a strike, defining “essential services” in an overly broad manner, containing restrictions relating to the objectives of strike action and imposing penal sanctions including imprisonment for illegal strikes; and section 42 of the Trade Union Act, as amended by section 9 of the Trade Union (Amendment) Act, outlawing gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or other premises). The Committee noted that the Government’s indication that: (i) the right to strike of workers is not inhibited; (ii) the Collective Labour Relations Bill has taken care of the issue of essential services; (iii) in practice, trade union federations go on strike or protest against the Government’s socio-economic policies without sanctions; and (iv) section 42 as amended only aims at guaranteeing the maintenance of public order. The Committee once again requests the Government to indicate the measures taken or envisaged in respect of the abovementioned provisions of the Trade Union Act as amended by the Trade Union (Amendment) Act.

Article 4. Dissolution by administrative authority. In its previous comments, the Committee had requested the Government to take measures to amend section 7(9) of the Trade Union Act by repealing the broad authority of the Minister to cancel the registration of workers’ and employers’ organizations, as the possibility of administrative dissolution under this provision involved a serious risk of interference by the public authority in the very existence of organizations. The Committee noted that the Government reiterated that the issue had been addressed by the Collective Labour Relations Bill which was before the National Assembly. The Committee once again expresses the firm hope that the Collective Labour Relations Act will be enacted without further delay and adequately address the issue.

Articles 5 and 6. Right of organizations to establish federations and confederations and to affiliate with international organizations. The Committee had noted that section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 requires federations to consist of 12 or more trade unions in order to be registered. The Committee noted that according to section 1(2) of that the Trade Unions (International Affiliation) Act of 1996, the application of a trade union for international affiliation shall be submitted to the Minister for approval. The Committee considered that legislation that requires that government permission be obtained for the international affiliation of a trade union is incompatible with the principle of free and voluntary affiliation of trade unions with international organizations. With regard to the requirement in section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 that federations shall consist of 12 or more trade unions, the Committee recalled that the requirement of an excessively high minimum number of trade unions to establish a higher level organization conflicts with Article 5. The Committee once again requests the Government to take the necessary measures to amend sections 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 and section 1 of the 1996 Trade Unions (International Affiliation) Act, so as to provide for a reasonable minimum number of affiliated trade unions in order not to hinder the establishment of federations, and to ensure that the international affiliation of trade unions does not require government permission.