Dock Work Convention, 1973 (No. 137) - Nigeria (Ratification: 2004)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government's report indicating that there have been no developments in the application of the Convention.

Articles 2 and 4(2) of the Convention. Permanent or regular employment for dockworkers. Measures designed to minimize detrimental effects on dockworkers. The Committee recalls that in a previous report, the Government indicated that terminal operators have the responsibility of employment and disengagement of dockworkers, while the Nigerian Maritime Administration and Safety Agency (NIMASA) regulates the conditions of work. It also indicated that some of the terminal operators employ dockworkers on a permanent basis while others outsource from the NIMASA’s licensed stevedores for regular engagement. In addition, in the event of any reduction in the strength of the dockworkers register, the workers’ union and the terminal operators are required to negotiate the payment of terminal benefits for the disengaged dockworkers. The Committee invites the Government to provide information in its next report on the number of dockworkers for whom permanent or regular employment is assured in the country’s ports, any changes in the number of dockworkers that may have taken place during the reporting period, and the subjects covered in collective bargaining between the unions and terminal operators on the payment of benefits for disengaged dockworkers.

Article 6. Safety, health, welfare and vocational training provisions. The Committee recalls that in a previous report, the Government indicated that NIMASA trained dockworkers on modern cargo handling techniques and witnessed collective bargaining between port operators and unions on the minimum manning scale for all kinds of cargo operations. The Committee requests the Government to provide up-to-date information on the safety, health, welfare and vocational training provisions that apply to dockworkers, by supplying, for example, available information on the training provided by NIMASA during the reporting period and the number of dockworkers who benefited from such training.

Application in practice.The Committee encourages the Government to provide, as required by Part V of the report form, general indications on the manner in which the Convention is applied, by including extracts from the reports of the authorities responsible for implementing the provisions of the Convention, for example the annual report of NIMASA, and any available data on the number of dockworkers in the registers maintained and any changes in this number.

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

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 initially made in 2013.

Repetition

Article 1(2) of the Convention. Definition of “dockworkers” and “dock work”. In its previous comments, the Committee noted that the Government planned to convene a tripartite meeting with a view to redefine the terms “dockworkers” and “dock work” in light of new methods of cargo handling and their effect on the various dock work occupations. The Committee refers to its 2009 direct request and invites the Government to indicate if any arrangements were made in consultation with the social partners to revise the definition of the terms “dockworkers” and “dock work”.

Articles 2 and 4(2). Encouragement to provide permanent or regular employment, minimum periods of employment and minimisation of detrimental effects. The Committee notes the information provided by the Government in June 2013 indicating that the terminal operators have the responsibility of employment and disengagement of dockworkers, while the Nigerian Maritime Administration and Safety Agency (NIMASA) regulates the conditions of work. The Government indicates that some of the terminal operators employ dockworkers on a permanent basis while others outsource from the NIMASA’s licensed stevedores for regular engagement. In the event of any reduction in the strength of the dockworkers register, the workers’ union and the terminal operators are required to negotiate the payment of terminal benefits for the disengaged dockworkers. The Committee invites the Government to provide information in its next report on the number of dockworkers for which permanent or regular employment is assured (Part V of the report form).

Article 6. Safety, health, welfare and training provisions. In reply to the 2009 direct request, the Government indicates that NIMASA trains dockworkers on modern cargo handling techniques. Minimum manning scale for all kinds of cargo operation negotiated between employers and unions are witnessed by NIMASA. The Government also states that grouping workers into different shifts excuses workers from being placed on consecutive shifts. The Committee invites the Government to continue to provide particulars of the safety, health, welfare and vocational training provisions applying to dockworkers. It invites again the Government to provide in its next report an extract from the annual NIMASA report or any other reports from the Federal Ministry of Labour or the Federal Ministry of Transport related to the practical application of the Convention (Part V of the report form).

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

Article 1(2) of the Convention. Definition of “dockworkers” and “dock work”. In its previous comments, the Committee noted that the Government planned to convene a tripartite meeting with a view to redefine the terms “dockworkers” and “dock work” in light of new methods of cargo handling and their effect on the various dock work occupations. The Committee refers to its 2009 direct request and invites the Government to indicate if any arrangements were made in consultation with the social partners to revise the definition of the terms “dockworkers” and “dock work”.

Articles 2 and 4(2). Encouragement to provide permanent or regular employment, minimum periods of employment and minimisation of detrimental effects. The Committee notes the information provided by the Government in June 2013 indicating that the terminal operators have the responsibility of employment and disengagement of dockworkers, while the Nigerian Maritime Administration and Safety Agency (NIMASA) regulates the conditions of work. The Government indicates that some of the terminal operators employ dockworkers on a permanent basis while others outsource from the NIMASA’s licensed stevedores for regular engagement. In the event of any reduction in the strength of the dockworkers register, the workers’ union and the terminal operators are required to negotiate the payment of terminal benefits for the disengaged dockworkers. The Committee invites the Government to provide information in its next report on the number of dockworkers for which permanent or regular employment is assured (Part V of the report form).

Article 6. Safety, health, welfare and training provisions. In reply to the 2009 direct request, the Government indicates that NIMASA trains dockworkers on modern cargo handling techniques. Minimum manning scale for all kinds of cargo operation negotiated between employers and unions are witnessed by NIMASA. The Government also states that grouping workers into different shifts excuses workers from being placed on consecutive shifts. The Committee invites the Government to continue to provide particulars of the safety, health, welfare and vocational training provisions applying to dockworkers. It invites again the Government to provide in its next report an extract from the annual NIMASA report or any other reports from the Federal Ministry of Labour or the Federal Ministry of Transport related to the practical application of the Convention (Part V of the report form).

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

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 2009 direct request, which read as follows:

Repetition

The Committee notes the Government’s first report on the application of the Convention received in October 2008.

1. Article 1(2) of the Convention. Definition of “dockworkers” and “dock work”. The Committee notes that section 27, paragraph 3 of the Nigerian Maritime Administration and Safety Agency (NIMASA) Act states that “a person who is not a registered dockworker” and “engages in the performance of dock work in any port” was committing an offence. Furthermore, section 64 of the NIMASA Act defines “employers of dock labour” and “employers of maritime labour” and encompasses dockworkers under the term “maritime labour”. According to section 51, paragraph 1, subparagraph (c), of the NIMASA Act, NIMASA prescribes dockworkers’ conditions of service. The Committee further notes that the Government planned to convene a tripartite meeting in which “dockworkers” and “dock work” would be redefined in light of new methods of cargo handling and their effect on the various dock work occupations. The Committee requests the Government to provide information on the outcome of the tripartite meeting and how the terms “dockworkers” and “dock work” are defined by national law or practice.

2. Articles 2 and 4(2). Encouragement to provide permanent or regular employment, minimum periods of employment and minimisation of detrimental effects. The Committee notes that NIMASA encourages the private port operators to employ dockworkers on a permanent basis. It further notes that NIMASA maintained a reserve list and a system of rotation for all dockworkers in its pool. The Committee requests the Government to provide information on how NIMASA’s reserve list and its system of rotation practically assure minimum periods of employment or a minimum income, in a manner and to an extent that depends on the economic and social situation of Nigeria. It further invites the Government to describe the procedures laid down and how they practically prevent or minimize detrimental effects on dockworkers when a reduction in the strength of a register becomes necessary.

3. Article 6. Safety, health, welfare and training provisions. The Committee notes section 27, paragraph 1, subparagraphs (b)–(d), of the NIMASA Act, according to which NIMASA provides training, conducts examinations and regulates the conditions of service of dockworkers and ensures that employers of dockworkers comply with existing regulations and standards in relation to crewing, wages, safety, welfare and training and that disputes relating to the employment of dockworkers are investigated. It further notes the Government’s report that dockworkers may work three shifts maximum per day. The Committee wishes to draw the Government’s attention to Paragraphs 32 and 33 of the Dock Work Recommendation, 1973 (No. 145), which require having specific protection mechanisms in place for dockworkers working in shifts. These include not placing the same worker on consecutive shifts (Paragraph 33(a) of Recommendation No. 145). The Committee invites the Government to provide particulars of the safety, health, welfare and vocational training provisions applying to dockworkers – especially on measures taken or envisaged ensuring that the same worker is not placed on consecutive shifts. It further invites the Government to provide in its next report an extract from the annual NIMASA report or any other reports from the Federal Ministry of Labour or the Federal Ministry of Transport related to the practical application of the Convention (Part V of the report form).

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

The Committee notes the Government’s first report on the application of the Convention received in October 2008.

1. Article 1, paragraph 2, of the Convention. Definition of “dockworkers” and “dock work”. The Committee notes that section 27, paragraph 3 of the Nigerian Maritime Administration and Safety Agency (NIMASA) Act states that “a person who is not a registered dockworker” and “engages in the performance of dock work in any port” was committing an offence. Furthermore, section 64 of the NIMASA Act defines “employers of dock labour” and “employers of maritime labour” and encompasses dockworkers under the term “maritime labour”. According to section 51, paragraph 1, subparagraph (c), of the NIMASA Act, NIMASA prescribes dockworkers’ conditions of service. The Committee further notes that the Government planned to convene a tripartite meeting in which “dockworkers” and “dock work” would be redefined in light of new methods of cargo handling and their effect on the various dock work occupations. The Committee requests the Government to provide information on the outcome of the tripartite meeting and how the terms “dockworkers” and “dock work” are defined by national law or practice.

2. Articles 2 and 4, paragraph 2. Encouragement to provide permanent or regular employment, minimum periods of employment and minimisation of detrimental effects. The Committee notes that NIMASA encourages the private port operators to employ dockworkers on a permanent basis. It further notes that NIMASA maintained a reserve list and a system of rotation for all dockworkers in its pool. The Committee requests the Government to provide information on how NIMASA’s reserve list and its system of rotation practically assure minimum periods of employment or a minimum income, in a manner and to an extent that depends on the economic and social situation of Nigeria. It further invites the Government to describe the procedures laid down and how they practically prevent or minimize detrimental effects on dockworkers when a reduction in the strength of a register becomes necessary.

3. Article 6. Safety, health, welfare and training provisions. The Committee notes section 27, paragraph 1, subparagraphs (b)–(d), of the NIMASA Act, according to which NIMASA provides training, conducts examinations and regulates the conditions of service of dockworkers and ensures that employers of dockworkers comply with existing regulations and standards in relation to crewing, wages, safety, welfare and training and that disputes relating to the employment of dockworkers are investigated. It further notes the Government’s report that dockworkers may work three shifts maximum per day. The Committee wishes to draw the Government’s attention to Paragraphs 32 and 33 of the Dock Work Recommendation, 1973 (No. 145), which require having specific protection mechanisms in place for dockworkers working in shifts. These include not placing the same worker on consecutive shifts (Paragraph 33(a), of Recommendation No. 145). The Committee invites the Government to provide particulars of the safety, health, welfare and vocational training provisions applying to dockworkers – especially on measures taken or envisaged ensuring that the same worker is not placed on consecutive shifts. It further invites the Government to provide in its next report an extract from the annual NIMASA report or any other reports from the Federal Ministry of Labour or the Federal Ministry of Transport related to the practical application of the Convention (Part V of the report form).