Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nigeria (Ratification: 1994)

Article 1 of the Convention. Consultations with representative organizations. Since 2012, the Committee has repeatedly requested the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. In this context, the Committee has also consistently reminded the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. In its response, the Government refers to the National Labour Advisory Council (NLAC), as the institutionalized tripartite body established in compliance with the provisions and requirements of the Convention. It adds that consultations with the social partners are ongoing, with the aim of advancing the revision of the national labour legislation. In this regard, the Committee notes the Government’s indication that a stakeholder meeting was held on 18 April 2018 under the auspices of the ILO Office in Abuja. The Government adds that the stakeholders also participated in a public hearing before the National Assembly on 23 April 2018. The Committee expresses the firm hope that the pending legislative reforms will be finalized without further delay. It reiterates its request that the Government report on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. It also requests the Government to indicate the outcome of the meetings held with the stakeholders in April 2018 in relation to the reforms, and to provide a copy of the relevant legislation once it is adopted.

Article 5(1). Tripartite consultations required by the Convention. The Government indicates that tripartite consultations are used to respond to the questionnaires relating to items on the agenda of the International Labour Conference (ILC).The Committee notes that an interactive session for Nigeria’s tripartite delegation to the 107th session of the ILC was held on 14 and 15 May 2018, to discuss the items on the ILC agenda. The Government adds that a practical tripartite workshop on reporting was held on 26 and 27 June 2018, to assist with meeting Nigeria’s reporting obligations under article 22 of the ILO Constitution. The Government indicates that effective tripartite consultations will continue to be held on proposals made to the National Assembly. The Committee notes the Government’s indication that the representative organizations were consulted with regard to the Special Maritime Session of the NLAC for the ratification of the MLC, 2006 held in February 2013, which led to its ratification in June 2013. In addition, a tripartite technical committee of maritime stakeholders on seafarers held a meeting on 26 February 2014 to discuss a joint proposal on the amendment of the Code relating to Resolutions 2.5 and 4.2 of the MLC 2006. The resolutions at this meeting led the Government to convene a meeting of technical experts of the NLAC on the amendment of the Code of the MLC 2006 to articulate Nigeria’s tripartite position in support of the amendment. The Committee welcomes the information provided and requests the Government to provide full and detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including consultations relating to the questionnaires: on Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals concerning the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 6. Operation of the consultative procedures. The Government indicates that the representative organizations have been consulted in accordance with Article 6. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee expects that the Government will make every effort to take the necessary action in the near future.