Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Forced Labour Convention, 1930 (No. 29) - Nigeria (Ratification: 1960)

The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the provisions of the Prisons Regulations concerning prison labour, as well as other information on the work of prisoners supplied by the Government. It also notes the Government’s indications concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. 1. In its earlier comments, the Committee referred to the following provisions which impose restrictions on certain persons (such as police officers or navy personnel) to resign: section 13(9) of the Police Act, Cap. 154; section 9(3) of the Navy Act, Cap. 138, and section 20(3) of Act No. 21 of 1964 (Navy).

The Committee recalled, referring to the explanations in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. While having noted the Government’s previous indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month, the Committee expressed firm hope that measures would be taken to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice.

The Committee notes the Government’s indications in its latest report that both the Navy Act, Cap. 288, and the Army Act, Cap. 294, have been repealed by the Armed Forces Decree No. 105 of 1993 (as amended) and requests the Government to supply, with its next report, copies of regulations concerning resignation of officers in the armed forces issued under section 26 of the Decree, as well as new provisions governing resignation of the navy personnel. Noting also the Government’s indication that the Police Act, Cap. 154, has been replaced by the Police Act, Cap. 359: Laws of the Federal Republic of Nigeria (LFN), the Committee requests the Government to supply copies of section 17(1)-(10) of the Act and section 107 of Police Regulations, referred to by the Government in its report, as well as other provisions governing resignation.

2. The Committee notes the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), supplied by the Government, according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. Referring to the above considerations concerning freedom of career military servicemen to leave their service, the Committee hopes that measures will be taken to bring this provision into conformity with the Convention. Pending the amendment, the Committee requests the Government to provide information on its application in practice, indicating numbers and circumstances of applications to leave the service accepted or refused.