Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Nigeria (Ratification: 1960)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, initially made in 2018, the Committee requested the Government to take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. In its response, the Government indicates its intent to consider implementing the Convention through administrative instructions or circulars. Nevertheless, the Government provides no information on any specific measures taken or envisaged to give effect to the provisions of the Convention. Noting the absence of information with respect to the development or implementation of measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of the type of labour clauses in public contracts required under Article 2 of the Convention, the Committee once again urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee further requests the Government to provide examples of public contracts issued during the reporting period, as well as information on the number of public contracts awarded during the reporting period, the approximate number of workers involved in their execution, and any other particulars bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. In response to the Committee’s previous comments, the Government indicates that administrative instruction No. 57/1946 of 1970 ceased to exist since the entry into force of the 1999 Constitution. It adds that the relevant laws and regulations that give effect to the Convention are the Public Procurement Act (PPA), 2007, the Nigerian Content Development Act, 2010, (NCDA) and Executive Order No. 05 of 2017. The Committee recalls that, since 2013, it has repeatedly noted that the PPA 2007 does not provide for the labour clauses of the type contemplated in the Convention. The Government reports that the PPA 2007 has not been amended, but that, on 16 June 2016, the Nigerian Senate passed the PPA 2007 (amendment) Bill 2016 into law. The Committee notes the Government’s indication that the 2016 amendment does not accommodate specific provisions dealing with labour clauses in the nature and manner specified in the Convention. The Government indicates, however, that it is considering tabling a proposal before the social partners to enable it to propose to the National Assembly a further amendment of the PPA 2007 in order to provide for the insertion of appropriate labour clauses in the Act. Noting that the legislation referenced in the Government’s report does not give effect to the Convention, the Committee once again draws the Government’s attention to its 2008 General Survey, Labour clauses in public contracts, paragraph 40, which emphasizes that the purpose of the Convention is to ensure that workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling once again that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can be also realized by administrative instructions or circulars, the Committee trusts that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. It requests the Government to keep the Office informed of any further developments and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. In response to the Committee’s previous comments, the Government indicates that administrative instruction No. 57/1946 of 1970 ceased to exist since the entry into force of the 1999 Constitution. It adds that the relevant laws and regulations that give effect to the Convention are the Public Procurement Act (PPA), 2007, the Nigerian Content Development Act, 2010, (NCDA) and Executive Order No. 05 of 2017. The Committee recalls that, since 2013, it has repeatedly noted that the PPA 2007 does not provide for the labour clauses of the type contemplated in the Convention. The Government reports that the PPA 2007 has not been amended, but that, on 16 June 2016, the Nigerian Senate passed the PPA 2007 (amendment) Bill 2016 into law. The Committee notes the Government’s indication that the 2016 amendment does not accommodate specific provisions dealing with labour clauses in the nature and manner specified in the Convention. The Government indicates, however, that it is considering tabling a proposal before the social partners to enable it to propose to the National Assembly a further amendment of the PPA 2007 in order to provide for the insertion of appropriate labour clauses in the Act. Noting that the legislation referenced in the Government’s report does not give effect to the Convention, the Committee once again draws the Government’s attention to its 2008 General Survey, Labour clauses in public contracts, paragraph 40, which emphasizes that the purpose of the Convention is to ensure that workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling once again that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can be also realized by administrative instructions or circulars, the Committee trusts that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. It requests the Government to keep the Office informed of any further developments and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. In response to the Committee’s previous comments, the Government indicates that administrative instruction No. 57/1946 of 1970 ceased to exist since the entry into force of the 1999 Constitution. It adds that the relevant laws and regulations that give effect to the Convention are the Public Procurement Act (PPA), 2007, the Nigerian Content Development Act, 2010, (NCDA) and Executive Order No. 05 of 2017. The Committee recalls that, since 2013, it has repeatedly noted that the PPA 2007 does not provide for the labour clauses of the type contemplated in the Convention. The Government reports that the PPA 2007 has not been amended, but that, on 16 June 2016, the Nigerian Senate passed the PPA 2007 (amendment) Bill 2016 into law. The Committee notes the Government’s indication that the 2016 amendment does not accommodate specific provisions dealing with labour clauses in the nature and manner specified in the Convention. The Government indicates, however, that it is considering tabling a proposal before the social partners to enable it to propose to the National Assembly a further amendment of the PPA 2007 in order to provide for the insertion of appropriate labour clauses in the Act. Noting that the legislation referenced in the Government’s report does not give effect to the Convention, the Committee once again draws the Government’s attention to its 2008 General Survey, Labour clauses in public contracts, paragraph 40, which emphasizes that the purpose of the Convention is to ensure that workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling once again that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can be also realized by administrative instructions or circulars, the Committee trusts that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. It requests the Government to keep the Office informed of any further developments and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been asking the Government to clarify whether the administrative instruction No. 57/1946 concerning a fair wages clause, which was last mentioned in the Government’s report submitted in 1970 and which gave effect to the requirements of the Convention, remained in force or whether it had been amended or replaced by new texts. In its previous comment, the Committee also noted the adoption of the Public Procurement Act, 2007, which nevertheless does not contain any reference to the working conditions of workers engaged in the execution of public contracts nor does it provide for labour clauses of the type prescribed by the Convention. Furthermore, the Committee understands that the Government is currently considering a proposed amendment to the Public Procurement Act with a view to enhancing transparency and facilitating timely projects execution.

The Committee wishes to draw the Government’s attention once again to the basic purpose of the Convention which is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling that the inclusion of appropriate labour clauses in all the public contracts covered by the Convention does not necessarily require the enactment of new legislation but can be also realized by administrative instructions or circulars, the Committee hopes that the Government will take all necessary measures without further delay in order to bring the national legislation into conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been asking the Government to clarify whether the administrative instruction No. 57/1946 concerning a fair wages clause, which was last mentioned in the Government’s report submitted in 1970 and which gave effect to the requirements of the Convention, remained in force or whether it had been amended or replaced by new texts. In its previous comment, the Committee also noted the adoption of the Public Procurement Act, 2007, which nevertheless does not contain any reference to the working conditions of workers engaged in the execution of public contracts nor does it provide for labour clauses of the type prescribed by the Convention. Furthermore, the Committee understands that the Government is currently considering a proposed amendment to the Public Procurement Act with a view to enhancing transparency and facilitating timely projects execution.

The Committee wishes to draw the Government’s attention once again to the basic purpose of the Convention which is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling that the inclusion of appropriate labour clauses in all the public contracts covered by the Convention does not necessarily require the enactment of new legislation but can be also realized by administrative instructions or circulars, the Committee hopes that the Government will take all necessary measures without further delay in order to bring the national legislation into conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. Application in practice. The Committee notes that for the past 30 years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Moreover, the Committee notes the adoption of the Public Procurement Act, 2007, and Procurement Procedures Manual. The Committee requests the Government to provide detailed information on the impact the new legislation may have on the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. Application in practice. The Committee notes that for the past 30 years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. Application in practice. The Committee notes that for the past 30 years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. Application in practice. The Committee notes that for the past 30 years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Finally, the Committee refers, once again, to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the  Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. The Committee notes that for the past 30 years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. The Committee notes that for the past thirty years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up to date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

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

Article 2 of the Convention. The Committee has been in receipt of very succinct reports in recent years regarding the effect given to the substantive provisions of the Convention. It therefore requests the Government to specify whether the administrative instruction No. 57/1946 concerning a fair wages clause, a copy of which was attached to the Government’s report of 1970, is still in force and continues to apply to all contracts awarded by or on behalf of the Governments in the Federation of Nigeria. In addition, it would appreciate receiving some clarification as to whether the specimen copy of the contract document, which was also transmitted at that time, is still in use by the Federal Ministry of Works and Housing.

Part V of the report form. The Committee notes that for the past thirty years the Government has been indicating that there are no changes or major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form, governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed and up-to-date information on the practical application of the Convention, including samples of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.