Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the Government’s reply to the 2010 observations of the International Trade Union Confederation (ITUC), relating to the storming of a trade union meeting by a combined team of army, police and the security services; beating of trade unionists who attended the meeting; arrests and detentions. The Committee notes that the Government indicates that the incident occurred at the State level and that it was immediately rescinded and rectified. The Government emphasizes that freedom of association is embedded in the Constitution, and that any act or omission of criminal nature in this context by any Nigerian is an issue for the police to investigate and prosecute. The Committee once again recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. It also wishes to recall that the arrest and detention, even if only briefly, of trade union leaders and trade unionists, for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association enshrined in the Convention. Trusting that the Government will take all necessary measures to ensure the respect of these principles, the Committee requests the Government to provide further information on the results of the investigations carried out and of any judicial proceedings, and on sanctions imposed.

The Committee also takes note of the observations provided by the ITUC in a communication received on 1 September 2015, which contain allegations of denial of the right to join trade unions; massive dismissals for trying to join trade unions; mass persecution of union members; arrests of union members; and other violations. The Committee requests the Government to provide its comments in this regard.

The Committee notes the Government’s reply to the 2014 observations of the Association of Senior Civil Servants of Nigeria (ASCSN), in which the ASCSN rejected the truthfulness of the allegations contained in an communication sent by Education International (EI) and the Nigeria Union of Teachers (NUT) in 2012. The Committee recalls that EI and the NUT had indicated that employers of teachers in private educational institutions resist the express wish of their employees to belong to the NUT, and that teachers in federal educational institutions have been coerced to join the ASCSN and thus have been denied the right to belong to the professional union of their own choice. In its report, the Government indicates that the inter-union dispute between ASCSN and NUT, which concerns the interpretation of the jurisdictional scope of trade unions as stipulated in the Third Schedule of the Trade Unions Act, was referred to the Industrial Court of Nigeria. The Government emphasizes that no worker was forced to belong to any union at any point in time. The Committee requests the Government to provide information on the outcome of the proceedings before the Industrial Court of Nigeria.

The Committee also takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Civil liberties. In its previous comments, the Committee had noted the Government’s indication that eight suspects had been 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 had requested the Government to provide information on the results of the investigations carried out and of any judicial proceedings. The Committee takes note of the Government’s intention to provide information on the results of the judicial proceedings as soon as it obtains a copy from the courts. The Committee requests the Government to provide detailed information on the results of the judicial proceedings, and, in case of conviction, on the execution of the sentence.

Organizing in export processing zones (EPZs). In its previous comments, the Committee had noted the Government’s statement that the Federal Ministry of Labour and Productivity was still in discussion with the EPZ authority on the issues of unionization and entry for inspection in the EPZs. The Committee had also noted the ITUC’s comments, according to which section 13(1) of the EPZ Authority Decree 1992, which provides that “no person shall enter, remain in or reside in a Zone without the prior permission of the Authority”, makes it difficult for workers to join trade unions as it is almost impossible for worker representatives to gain access to the EPZs. In this respect, the Committee noted the Government’s indication that: (i) the EPZ Authority is not opposed to trade union activities; (ii) the third part of the Federal Ministry of Labour and Productivity Guidelines on Labour Administration and Issues in Contract Staffing/Outsourcing in the Oil and Gas Sector regulates the right to freedom of association in the EPZs; and (iii) unionization in the EPZ’s has commenced. The Committee further noted the Government’s indication that the Ministerial Guidelines, which seek to prevent anti-union discrimination against any worker in the EPZs, will remain in force until the Export Processing Zone Act is amended. The Committee notes that section 3.13 of the abovementioned Ministerial Guidelines, which are attached to the Government’s report, states that “all workers in the free trade zones and export promotion zones shall not be denied the rights to freedom of association and collective bargaining”. The Committee also notes, however, that section 3.2 of the said Ministerial Guidelines provides that “all contract staff under Manpower/Labour Contract shall belong either to the National Union of Petroleum & Natural Gas Workers (NUPENG) or Petroleum & Natural Gas Senior Staff Association of Nigeria (PENGASSAN) as appropriate”. In this respect, the Committee recalls that Article 2 of the Convention provides that workers and employers shall have the right to establish and join organizations “of their own choosing”. The Committee requests the Government to take the necessary measures, including by amending relevant Ministerial Guidelines and EPZ legislation, to ensure that EPZ workers enjoy the right to establish and join organizations of their own choosing, as enshrined in the Convention. It further requests the Government to indicate the measures taken or envisaged to ensure that representatives of workers’ organizations are granted reasonable access to EPZs.

The Committee welcomes the Government’s indication of its intention to request ILO technical assistance.

Pending legislative issues

The Committee recalls that for a number of years it has been making comments on the matters below, and, regretting not having received any information in this regard, the Committee is bound to repeat them:

Article 2 of the Convention. Legislatively imposed trade union monopoly. In its previous comments, the Committee had raised its concern over the legislatively imposed trade union monopoly under 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 recalled that under Article 2 of the Convention, workers have the right to establish and to join organizations of their own choosing without distinction whatsoever, and that it is important for workers to be able to establish a new trade union for reasons of independence, effectiveness or ideological choice. The Committee therefore once again requests the Government to take measures to amend section 3(2) of the Trade Union Act taking into account the aforementioned principles.

Organizing in various government departments and services. In its previous comments, the Committee requested the Government to take measures to amend section 11 of the Trade Union Act, which denied 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 had noted that the Collective Labour Relations Bill, pending before the lower chamber of Parliament, would address this issue. The Committee noted that the Collective Labour Relations Bill was still pending before the National Assembly. The Committee firmly trusts that the Collective Labour Relations Act amending section 11 of the Trade Union Act will be adopted in the near future. The Committee also requests the Government to send a copy of the Collective Labour Relations Act, once it is adopted.

Minimum membership requirement. The Committee had previously expressed its concern over section 3(1) of the Trade Union Act requiring 50 workers to establish a trade union, considering that even though this minimum membership would be permissible for industry trade unions, it could have the effect of hindering the establishment of enterprise organizations, particularly in small enterprises. The Committee had noted the Government’s statement that section 3(1)(a) applies to the registration of national unions, and that at the enterprise level, there is no limit on the number of people required to establish a trade union. The Committee noted the Government’s indication that the country operates an industry-based system, and that workers in small enterprises form branches of the national union. The Committee once again requests the Government to take measures to amend section 3(1) of the Trade Union Act, 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.

Article 3. Right of organizations to organize their administration and activities and to formulate programmes without interference from the public authorities. Administration of organizations. In its previous comments the Committee had requested the Government to take measures to amend sections 39 and 40 of the Trade Union Act in order to limit the broad powers of the registrar to supervise the union accounts at any time, and to ensure that such a power was limited to the obligation of submitting periodic financial reports, or in order to investigate a complaint. The Committee noted the Government’s statement that the Collective Labour Relations Bill that addressed this issue has yet to be passed. The Committee once again expresses the firm hope that the Collective Labour Relations Act will fully take into account its comments and will be adopted without delay.

Activities and programmes. The Committee recalls that it had previously commented upon certain restrictions to the exercise of the right to strike (section 30 of the Trade Union Act, as amended by section 6(d) of the Trade Union (Amendment) Act, imposing compulsory arbitration, requiring a majority of all registered union members for calling a strike, defining “essential services” in an overly broad manner, containing restrictions relating to the objectives of strike action and imposing penal sanctions including imprisonment for illegal strikes; and section 42 of the Trade Union Act, as amended by section 9 of the Trade Union (Amendment) Act, outlawing gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or other premises). The Committee noted that the Government’s indication that: (i) the right to strike of workers is not inhibited; (ii) the Collective Labour Relations Bill has taken care of the issue of essential services; (iii) in practice, trade union federations go on strike or protest against the Government’s socio-economic policies without sanctions; and (iv) section 42 as amended only aims at guaranteeing the maintenance of public order. The Committee expressed its hope that, in the process of legislative review, all measures would be taken to amend the abovementioned provisions of the Trade Union Act, taking into account the Committee’s previous comments in regard to these matters. The Committee once again requests the Government to indicate the measures taken or envisaged in this respect.

Article 4. Dissolution by administrative authority. In its previous comments, the Committee had requested the Government to take measures to amend section 7(9) of the Trade Union Act by repealing the broad authority of the Minister to cancel the registration of workers’ and employers’ organizations, as the possibility of administrative dissolution under this provision involved a serious risk of interference by the public authority in the very existence of organizations. The Committee noted that the Government reiterated that the issue had been addressed by the Collective Labour Relations Bill which was before the National Assembly. The Committee once again expresses the firm hope that the Collective Labour Relations Act will be enacted without further delay and adequately address the issue.

Articles 5 and 6. Right of organizations to establish federations and confederations and to affiliate with international organizations. The Committee had noted that section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 requires federations to consist of 12 or more trade unions in order to be registered. The Committee noted that according to section 1(2) of that the Trade Unions (International Affiliation) Act of 1996, the application of a trade union for international affiliation shall be submitted to the Minister for approval. The Committee considered that legislation that requires that government permission be obtained for the international affiliation of a trade union is incompatible with the principle of free and voluntary affiliation of trade unions with international organizations. With regard to the requirement in section 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 that federations shall consist of 12 or more trade unions, the Committee recalled that the requirement of an excessively high minimum number of trade unions to establish a higher level organization conflicts with Article 5. The Committee once again requests the Government to take the necessary measures to amend sections 8(a)(1)(b) and (g) of the Trade Unions (Amendment) Act 2005 and section 1 of the 1996 Trade Unions (International Affiliation) Act, so as to provide for a reasonable minimum number of affiliated trade unions in order not to hinder the establishment of federations, and to ensure that the international affiliation of trade unions does not require government permission.

Recalling the Government representative’s statement before the Conference Committee on the Application of Standards in 2011 that five Labour Bills had been drafted with the technical assistance of the ILO, and noting the Government’s previous indication that the Labour Bills were before the National Assembly and had yet to be passed, the Committee urges the Government to take appropriate measures to ensure that the necessary amendments to the laws referred to above are adopted in the very near future in order to bring them into full conformity with the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]