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GB.275/8/2
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EIGHTH ITEM ON THE AGENDA
Reports of the Officers of the Governing Body
Second report:
Discontinuation of the procedure initiated by the Governing Body
in accordance with article 26(4) of the ILO Constitution concerning
the observance by Nigeria of the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87),
and the Right to Organise and Collective Bargaining Convention,
1949 (No. 98)
1. At its 271st Session (March 1998) the Governing Body decided to establish, in accordance with article 26(4) of the Constitution, a Commission of Inquiry to consider the observance by Nigeria of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
2. At its 272nd Session (June 1998) the Governing Body decided to appoint the members of the Commission of Inquiry and at the same time to delay the commencement of the work of the Commission for 60 days in order to allow a direct contacts mission to take place. The mission took place from 17 to 21 August 1998 and the report of the mission was submitted to the Governing Body at its 273rd Session (November 1998).(1)
3. The Governing Body then decided --
(a) to take note of the report of the direct contacts mission;
(b) to endorse the concluding remarks and request the Government of Nigeria to take all appropriate action in that light;
(c) in particular, to request the Government of Nigeria to communicate full information on the matters raised in Cases Nos. 1793 and 1935 in due time for examination by the Committee on Freedom of Association at its next meeting (March 1999);
(d) to request the Director-General to transmit the report of the direct contacts mission to the Committee of Experts on the Application of Conventions and Recommendations, for examination at its November-December 1998 session in connection with the application by Nigeria of relevant ratified Conventions;
(e) to suspend the work of the Commission of Inquiry pending such examinations and until such time as the Governing Body may decide otherwise.
4. In accordance with its November 1998 decision, it is now for the Governing Body to decide on the procedure and, consequently, the future status of the suspended Commission of Inquiry. As one of the main purposes of a Commission of Inquiry is to establish the facts in respect of the application of a given Convention, it may be useful to recall that the direct contacts mission in August was able to establish certain essential facts in relation to the trade union rights situation in Nigeria. These facts have been examined both by the Committee of Experts and the Committee on Freedom of Association. The Committee on Freedom of Association was also able to note some substantial progress as regards the trade union situation in Nigeria,(2) but concluded that there were discrepancies between the law and ratified Conventions which still had to be remedied. The matters considered by the Committee on Freedom of Association to remain outstanding have now been referred to the Committee of Experts within the framework of its regular supervision of ratified Conventions.(3)
5. The Officers of the Governing Body would also like to recall that the procedure was based on a motion made by the Governing Body itself under article 26(4) of the ILO Constitution. In addition, at the time of appointment, the Governing Body suspended the operation of the Commission for 60 days and maintained that suspension following its appreciation of the direct contacts mission report, pending examination by the supervisory bodies "until such time as the Governing Body may decide otherwise".(4)
6. The Officers of the Governing Body therefore propose that --
(a) in view of the substantial progress noted by the supervisory bodies, the Governing Body decide to discontinue the procedure that it initiated, under article 26(4) of the Constitution, for the consideration by a Commission of Inquiry of the question of the effective observance by Nigeria of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98);
(b) the Governing Body request the Government of Nigeria to inform its Committee on Freedom of Association of developments in respect of outstanding issues in Cases Nos. 1793 and 1935.
Geneva, 11 June 1999.
Point for decision: Paragraph 6.
2. 315th Report, paras. 18-25.
3. 315th Report, para. 26(e).