Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes that a Commission of Inquiry was appointed at the 272nd Session of the Governing Body (June 1998) in respect of the non-observance by Nigeria of this Convention, as well as of Convention No. 98. It notes, however, that at the same session, the Governing Body decided that the commencement of the work of the Commission should be delayed for 60 days in order to allow a direct contacts mission to take place. The Committee notes that this direct contacts mission took place from 17 to 21 August 1998 and that the Governing Body at its 273rd Session (November 1998) took note of the report of the mission and decided to suspend the Commission of Inquiry. The Committee notes that according to the decision of the Governing Body, the report of the direct contacts mission has been transmitted to this Committee for examination, and it takes due note of this report.

I. 1. The right of workers' organizations to elect officers in full freedom and to organize their administration and activities without government interference (Article 3 of the Convention).

With reference to its previous comments, the Committee notes with satisfaction that Decrees Nos. 9 and 10 of August 1994 which dissolved the Executive Councils of the Nigerian Labour Congress (NLC) and of the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) were repealed on 11 August 1998 (with a commencement date of 20 July) by Repeal Decrees Nos. 13 and 14 respectively.

The Committee further notes a document entitled Resolutions and Communique Issued at the End of the Consultative Meeting between the Federal Government and the Representatives of the 29 Industrial Unions affiliated to the NLC held on 2 September 1998. The Committee notes that this meeting, "conscious of the urgent need to avoid a vacuum in the affairs of the Nigerian Labour Congress as a result of the repeal of Decree No. 9, and the urgent need to install democratically elected leaders of Congress", resolved to set up a presidium of six members drawn from the industrial unions and facilitated by the Permanent Secretary of the Federal Ministry of Employment, Labour and Productivity to conduct its affairs. Furthermore, it notes that this meeting agreed that the Ministry of Employment, Labour and Productivity should appoint a convenor to assist the Caretaker Committee and that the previous government-appointed sole administrator should hand over to this Caretaker Committee within two weeks. Finally, it notes that the meeting "reaffirmed the commitment of the 29 industrial unions to evolve a NLC that would be democratic and independent and urged the Federal Government to remove all obstacles towards achieving trade unions' independence and freedom".

The Committee notes with interest that it would appear that the government-appointed sole administrator is no longer managing the affairs of the NLC. Noting however that the Permanent Secretary of the Ministry of Employment, Labour and Productivity is presently acting as a facilitator to the presidium set up to conduct the NLC's affairs and that the Ministry has been requested to appoint a convenor to assist the Caretaker Committee, the Committee would like to recall the consideration set forth in its 1952 Resolution that a stable, free and independent trade union movement is an essential condition for good industrial relations and should contribute to the improvements of social conditions generally. It also recalls that Article 3 of the Convention provides that workers' organizations shall have the right to elect their representatives in full freedom and to organize their administration and activities without interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any developments which have occurred in respect of the election of NLC officers to take over from the Caretaker Committee and the manner in which it is ensured that there is no interference from the Government in the functioning of the NLC.

2. The right to organize for academic staff unions and associations (Article 2).

With reference to its previous comments, the Committee notes with satisfaction that the Trade Disputes (Essential Services Deregulation, Proscription and Prohibition from Participation in Trade Union Activities) Decree No. 24 and the Trade Disputes (Essential Services) (Proscription) Order 1996 of 21 August 1996 which proscribed and prohibited the participation in any trade union activities of the Non-Academic Staff Union of Educational and Associated Institutions (NASU), the Academic Staff Union of Universities and the Senior Staff Association of Universities, Teaching Hospital, Research Institutes and Associated Institutions and dissolved the National Executive Council and the Branch Executive Councils operating within any university in Nigeria were repealed on 11 August 1998 (with a commencement date of 20 July) by Repeal Decree No. 12.

II. 1. The right of workers to form organizations of their own choosing without previous authorization (Article 2).

(a) The restructuring of industrial unions: Decree No. 4 of 1996. The Committee recalls that its previous comments concerned the restructuring of the previous 41 registered industrial unions into 29 trade unions affiliated to the Central Labour Organisation (named in the law as the Nigerian Labour Congress (NLC)) through the promulgation of the Trade Unions (Amendment) Decree No. 4 of 5 January 1996. It had observed that this Decree provided for the establishment of a determined number of trade unions for each occupational category according to a pre-established list further confirming the system of trade union monopoly established in section 33 of the Trade Unions Act of 1973, as amended. It had recalled that, under Article 2 of the Convention, workers and employers should have the right to establish and join organizations of their own choosing. Noting from the direct contacts mission report that the Government has expressed the willingness to re-examine the whole trade union question in the country, including through revisiting Decree No. 4, in order to promote the observance of this Convention, the Committee requests the Government to indicate the measures envisaged to repeal this Decree and to amend the Trade Unions Act in order to ensure full compliance with Article 2 of the Convention.

(b) Restrictions on the right to organize by the Trade Unions Act, as amended. In its previous comments, the Committee had pointed out that there were a number of discrepancies in the Trade Unions Act, as amended, in respect of the right for workers to form organizations of their own choosing without previous authorization. The Committee recalls the need to amend section 3(1) and (2) which sets the excessively high requirement of 50 workers to form a trade union and grants the Minister excessive control over the registration of trade unions. It further recalls the need to amend section 11 which denies the right to organize to certain categories of employees in the public service, such as the Customs and Excise Department, the Immigration Department, the Prison Services, the Nigerian Security Printing and Minting Company, the Central Bank of Nigeria and Nigerian External Telecommunications, contrary to Article 2 of the Convention. The Committee requests the Government to indicate the measures envisaged to amend the Trade Unions Act in respect of these matters in order to ensure full compliance with Article 2.

2. The right to elect officers in full freedom, to organize their administration and activities and to formulate programmes without government interference (Article 3).

(a) Conditions of eligibility. In its previous comments, the Committee had noted the need to amend sections 7 and 8 of the Trade Unions (Amendment) (No. 2) Decree No. 26 of 1996 which require officers of a trade union to be card-carrying members who in turn must be engaged in the trade or industry which the union represents under punishment of a fine and/or five years' imprisonment. It recalls in this respect that provisions requiring members of trade unions to belong to the occupation concerned coupled with a requirement that the officers of the organization be chosen from among its members entails a serious risk of interference by the employer through the dismissal of trade union officers with the aim of depriving them of their trade union office and is not in conformity with the organization's right to elect representatives in full freedom as it prevents qualified persons, such as full-time union officers or pensioners, from carrying out union duties or by depriving unions of the benefit of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks (see General Survey on freedom of association and collective bargaining, 1994, paragraph 117). Noting the willingness of the Government to review the whole trade union question, including Decree No. 26, the Committee requests the Government to indicate the measures envisaged to amend these provisions either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization.

(b) The imposition of compulsory arbitration. In its previous comments, the Committee had recalled the need to amend the Trade Disputes Act, as amended, in so far as it permits the exercise of the right to strike to be restricted by means of imposing compulsory arbitration, under penalty of a fine or six months' imprisonment for any person failing to comply with a final award issued by the National Industrial Court. The Committee recalled the need to limit any possibility of imposing compulsory arbitration awards in respect of collective disputes to essential services in the strict sense of the term, that is to say, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or to public servants exercising authority in the name of the State. It requests the Government to indicate in its next report, any measures envisaged in this respect.

(c) The powers of the Registrar to supervise trade union accounts. In its previous comments, the Committee had noted that sections 39 and 40 of the Trade Unions Act conferred on the Registrar broad powers to supervise the union accounts at any time and recalled the importance it placed on the right of workers' organizations to organize their administration and activities without interference from the public authorities. The Committee observed that supervision should be limited to the submission by a trade union of periodic reports and that interference should only be permitted in the case of lodged complaints and on the condition that there be a right to appeal to the competent authority. The Committee requests the Government to indicate the measures envisaged to amend these sections of the Trade Unions Act in order to ensure full conformity with the Convention in this regard.

3. Cancellation of registration by administrative authority (Article 4)

In its previous comments, the Committee had noted with concern that section 3 of the Trade Unions (Amendment) (No. 2) Decree No. 26 further extended the Minister's control over trade union registration by providing that decisions to cancel registration may only be appealed to the Minister. The Committee noted this with particular concern in the light of further amendments made in this Decree which enabled the Minister, due to overriding public interest, to revoke the certificate of registration of any trade union specified in the Schedule to the Act (section 3) and under section 7, to revoke registration in the event that a non-card-carrying member assumes a functional role in any of the policy or decision-making organs.

Recalling that according to Article 4 of Convention No. 87, workers' and employers' organizations should not be liable to dissolution by administrative authority, the Committee requests the Government to amend Decree No. 26 by repealing the absolute authority of the Minister to cancel registration and by enabling workers and their organizations to appeal to the courts concerning any cancellation of registration.

4. International affiliation (Articles 5 and 6 of the Convention)

In its previous comments, the Committee recalled the need to repeal the Trade Unions (International Affiliation) Decree No. 29 of 1996 which annulled the international affiliation of the Central Labour Organization and all registered trade unions with any international labour organization or trade secretariat other than the Organization of African Trade Union Unity, the Organization of Trade Unions for West Africa and any other international labour organization for which a specific application had been made and approval given by the Provisional Ruling Council. Under this Decree, any subsequent international affiliation is subject to prior approval and any contravention may be punishable by up to five years' imprisonment and the certificate of registration of the offending trade union shall be revoked. Recalling that Articles 5 and 6 provide that workers' organizations shall have the right to affiliate with the international organization of their own choosing, and noting from the direct contacts mission report the Government's indication that the matter of this Decree could also be addressed, the Committee requests the Government to indicate the measures envisaged to amend the legislation in order to ensure full conformity with these Articles of the Convention.