Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

In its previous observation, the Committee requested the Government to provide information on any investigations, and the results thereof, into allegations of anti-union discrimination and interference in the banking, education, electricity, petroleum, gas and telecommunications sectors, as referred to in successive communications from the International Trade Union Confederation (ITUC). The Committee notes that the Government reports that it is working on sectorial guidelines to address anti-union discrimination and interference. Observing that in its 2021 observations under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the ITUC denounces massive dismissals for trying to join trade unions, the Committee requests the Government to take the necessary actions to ensure that the allegations of anti-union discrimination referred to by the ITUC in its previous observations give rise to specific investigations. The Committee requests the Government to provide information on the results thereof as well as on the progress made towards the adoption of the abovementioned sectorial guidelines.

The Committee also requested the Government to send its comments on allegations of Education International (EI) and the Nigeria Union of Teachers (NUT) denouncing the promotion of a non-registered union in the education sector by various state governments, which would appear to constitute attempted interference. The Committee notes that the Government limits itself to indicating that the Academic Staff Union of Secondary School has not been registered at the federal level. The Committee recalls that the intervention by an employer - either public or private - to promote the establishment of a parallel trade union constitutes an act of interference by the employer in the functioning of a workers’ association, which is prohibited under Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that Article 2 of the Convention is complied with in the education sector, both at the State and federal levels.

Scope of application of the Convention. In its previous comments, the Committee noted that under the provisions of the legislation certain categories of workers (such as employees of the Customs and Excise Department, the Immigration Department, the prison services and the Central Bank of Nigeria) were denied the right to organize and were deprived of the right to collective bargaining. It noted that some of these categories involve public sector workers not engaged in the administration of the State and requested the Government to provide information on the results of its consultations within the National Labour Advisory Council (NLAC) and any follow-up action taken, particularly with regard to recognition of the right to collective bargaining. The Committee notes that the Government reiterates its previous explanation that these exclusions are made on the grounds of the national interest and national security. The Committee further notes the Government’s indication that the NLAC has been inaugurated and that the issue raised will be discussed at subsequent meetings. The Committee recalls that, according to Articles 5 and 6 of the Convention, only members of the armed forces and the police, as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention. Regretting the lack of progress regarding this issue, the Committee requests the Government to take the necessary measures to ensure the full recognition of the right to collective bargaining of all public sector workers not engaged in the administration of the State, and to provide information on its consultations within the NLAC and on the practical results achieved in this regard.

Article 4. Free and voluntary negotiation. The Committee previously requested the Government to provide explanations regarding the legal obligation to submit any collective agreements on wages to government approval, and noted the Government’s indication that in practice there is no restriction with regard to wage increases adopted by an employer but that this obligation, which appears in section 19 of the Trade Disputes Act, would be brought to the attention of the tripartite technical committee which was reviewing the labour legislation. The Committee notes with regret that the Government does not provide any information on this matter in its report. The Committee once again requests the Government to take concrete steps to amend section 19 of the Trade Disputes Act in order to ensure full observance of the principle of voluntary collective negotiations in accordance with the provisions of the Convention. The Committee requests the Government to provide information in this respect.

In its previous observation, the Committee noted the Government’s intention to ensure that the reform of the labour legislation undertaken in consultation with the social partners was in conformity with international labour standards and trusted that the new Collective Labour Relations Act and any other texts adopted in the context of the reform of the Labour Law would be in full conformity with the requirements of the Convention. It notes the Government’s indication that the social partners will soon hold a meeting to validate the Labour Bills before forwarding them to the National Assembly for legislative action. The Committee requests the Government to continue to provide information on any developments in relation to the reform of the labour legislation and recalls that it can avail itself of the technical assistance of the Office.