Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nigeria (Ratification: 1960)

The Committee recalls that it had previously requested the Government to provide its comments on the allegations made by the International Trade Union Confederation (ITUC) of denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass persecution and arrests of union members and other violations. The Committee notes that, in its report, the Government generally indicates that it continuously ensures that the rights of workers are protected through strict compliance with the Trade Unions Act and the Labour Act, thus ensuring a peaceful industrial relations climate in the country and that the presence of security agents in any gathering is due to security risks such a gathering might have posed. The Committee takes note of the observations of the ITUC and the Nigeria Labour Congress (NLC) received on 1 and 8 September 2017, respectively, containing similar allegations of arrests, reprisals and dismissals against union leaders and members. The Committee regrets that the Government limits itself to a general statement and once again requests the Government to provide a detailed reply on each specific allegation made by the ITUC in 2015, 2016 and 2017, as well as on the observations made by the NLC in 2017.

Civil liberties. The Committee had previously requested the Government to provide detailed information on the results of the judicial proceedings regarding 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 notes the Government’s indication that, on 5 May 2017, the Federal Ministry of Labour and Employment requested the Inspector General of Police for an update on the judicial process and was awaiting the reply. Recalling that the events occurred in 2010, the Committee deeply regrets that no resolution has been reached and therefore urges the Government to provide detailed information on the results of the judicial proceedings, and, in the case of conviction, on the nature and implementation of the sentence.

Article 3 of the Convention. Right of workers to join organizations of their own choosing. In its previous comments, the Committee had noted that the dispute between the Association of Senior Civil Servants of Nigeria (ASCSN) and the Nigeria Union of Teachers (NUT), with regard to the allegation that, teachers in federal educational institutions have been coerced to join the ASCSN and denied the right to belong to the professional union of their own choice, was referred to the National Industrial Court of Nigeria (NICN). The Committee had noted the Court’s judgment of 20 January 2016, according to which: (i) 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”; (ii) however, 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 (iii) he or she can then join the NUT. The Committee had requested 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 notes the Government’s indications that according to section 12(4) of the Trade Unions Act and sections 9(6) and 5(3) of the Labour Act: (i) membership of a trade union by employees shall be voluntary; (ii) no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member; (iii) no contract shall make it a condition of employment that a worker shall or shall not join a trade union; and (iv) the workers have the right to opt out of a trade union in writing. The Government further indicates that following the NICN’s judgment, some of the education officers displeased with it have exercised their right to opt out of the ASCSN. In light of the information provided by the Government, the Committee requests it to continue to provide information on the practical application of the abovementioned provisions and in particular, whether teachers of the federal education institutions continue to be automatically affiliated to the ASCSN (albeit with an option of subsequent dissociation). It further requests the Government to engage with the relevant organizations with a view to amend section 8 of the Trade Unions Act so as to ensure the right of workers to establish and join organizations of their own choosing.

Freedom of association 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 had noted the establishment of a tripartite committee under the chairmanship of the Federal Ministry of Labour and Employment to review and update the Federal Ministry of Labour and Productivity Guidelines on Labour Administration and Issues in Contract Staffing/Outsourcing in the Oil and Gas Sector and to incorporate emerging trends in the world of work. The Committee had expressed the hope that concrete measures would 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. The Committee notes the Government’s indication that workers in EPZs are now exercising their right to join a trade union of their own choosing and labour officers have been accessing the EPZs to carry out routine labour inspection. The Committee regrets, however, that the Government does not provide any information on the review and update of the guidelines related to the provisions of the EPZ Authority Decree (1992). The Committee requests the Government to provide, without delay, information on the review and update of the ministerial guidelines. The Committee further requests the Government to provide statistics on the number of trade unions operating in EPZs and the membership thereof.

Articles 2, 3, 4, 5 and 6. The Committee recalls that in its previous comments, it had requested the Government to amend the following provisions:

• -section 3(1) of the Trade Union Act, which requires a minimum of 50 workers to establish a trade union, 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 (while this minimum membership would be permissible for industry trade unions, it could have the effect of hindering the establishment of enterprises organizations, particularly in small enterprises);
• -section 7(9) of the Trade Union Act, which provides that the Minister may revoke the certificate of registration of any trade union, by repealing the broad authority of the Minister to cancel the registration;
• -sections 30 and 42 of the Trade Union Act, which impose compulsory arbitration, require a majority of all registered union members for calling a strike, define “essential services” in an overly broad manner, contain restrictions relating to the objectives of strike action, impose penal sanctions including imprisonment for illegal strikes and outlaw gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or other premises, so as to lift these restrictions on the exercise of the right to strike; and
• -sections 39 and 40 of the Trade Union Act, which grant broad powers to the registrar to supervise the union accounts at any time, so as to limit this power to the obligation of submitting periodic financial reports, or in order to investigate a complaint.

The Committee welcomes the Government’s indication that it has established a Tripartite Technical Committee (TTC) for the purpose of bringing into conformity the relevant sections of the Labour Standards Bill (LSB), Collective Labour Relations Bill (CLRB), Labour Institutions Bill (LIB) and Occupational Safety and Health Bill (OSH Bill) with international labour standards. The Committee notes the Government’s indication that five meetings were held and appropriate amendments were made, and that the proposed review of the LSB will give the opportunity to the social partners to consider the amendments to sections 3(1), 7(9), 30, 39, 40 and 42 of the Trade Union Act. The Committee expects that the laws referred to above will be adopted in the near future, and that they will take into account the Committee’s comments. The Committee requests the Government to provide information on all progress made in this respect, and to furnish a copy of the texts when enacted.

The Committee notes that there are currently no proposals to amend the following legislative provisions:

• -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 notes that the Government explains that the purpose of this provision is to bring order and good administrative structure of trade unionism in Nigeria. Recalling that it is important for workers to be able to change trade union or to establish a new union for reasons of independence, effectiveness or ideological choice and that trade union unity imposed directly or indirectly by law is contrary to the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 92), the Committee once again requests the Government to take all necessary measures to amend section 3(2) of the Trade Union Act and to indicate all progress made in this regard;
• -section 11 of the Trade Union Act, which denies 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 notes the indication of the Government that for security reasons, the initial section 11 of the Act has not been modified but a subsection has been added creating Joint Consultative Committees (JCC) in the establishments concerned, which perform similar functions to trade unions. The Committee recalls that all workers, without distinction whatsoever, shall have the right to establish and join organizations of their own choosing and that the only authorized exception are the members of the police and the armed forces. The Committee once again requests the Government to take measures to amend section 11 so as to bring it into conformity with the Convention;
• -section 8(a)(1), (b) and (g) of the Trade Unions (Amendment) Act 2005 and section 1 of the 1996 Trade Unions (International Affiliation) Act, which require federations to consist of 12 or more trade unions in order to be registered and that the application of a trade union for international affiliation shall be submitted to the Minister for approval. The Committee takes note of the Government’s indication that the Trade Unions (International Affiliation) Act provides for the right of any union or central labour organization to affiliate with any international labour organization and that the Nigeria Labour Organization and the Trade Union Congress are members of various international labour organizations. While taking note of this information, the Committee observes that this does not address the Committee’s concern. The Committee therefore once again requests the Government to take the necessary measures to amend section 1 of the 1996 Trade Unions (International Affiliation) Act, so as to ensure that the international affiliation of trade unions does not require the Government’s permission. It further once again requests the Government to take measures to amend section 8(a)(1), (b) and (g) of the Trade Unions (Amendment) Act 2005 so as to lower to a reasonable minimum the number of affiliated trade unions necessary for the registration of a federation.