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

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

Article 1 of the Convention. Consultations with representative organizations. In its previous comments, the Committee expressed the firm hope that the pending legislative reforms, particularly the National Labour Institutions Bill still pending before the National Assembly, would be finalized without further delay. It reiterated 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. In this context, since 2004, 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. The Committee also requested 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 adopted. The Committee notes the Government’s reference in its report to the inauguration of the National Labour Advisory Council (NLAC) for 2021–25. According to information available on the Federal Ministry of Information and Culture website, during the inauguration, the Government indicated that, from 2nd to 4th March 2020, the Ministry of Labour had collaborated with the Nigeria Labour Congress (NLC), the Trade Union Congress (TUC) and the Nigeria Employers’ Consultative Association (NECA) in reviewing the Draft National Labour Bills, which were withdrawn from the National Assembly for review and resubmission. At that time, the Government further indicated that the adoption of the pending legislative reforms would expand the scope and functions of the NLAC. The Committee therefore expresses once again the firm hope that the pending legislative reforms will be finalized and adopted without further delay.It also reiterates its request that the Government provide detailed information 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 the present Convention. The Committee further requests the Government to indicate the content and outcome of the meetings held with the stakeholders in March 2020 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. In reply to the Committee’s previous comments, the Government reports that the social partners are consulted on issues related to international labour standards, particularly regarding the possibility of ratifying ILO Conventions, as well as in relation to reports on ratified Conventions submitted to the ILO pursuant to article 22 of the ILO Constitution. In addition, Conference preparatory meetings are held with the social partners to harmonize the country’s position. The Committee notes with interest that, with the support of the ILO Office in Abuja, tripartite consultations were held within the NLAC in a two-day session from 23 to 24 March 2021. The Committee notes from the website of the Federal Ministry of Information and Culture, that the March 2021 session was the first session of the NLAC held since 2014. In addition, the Committee notes the ILO press release of 24 March 2021, according to which, during the March 2021 consultations, the tripartite constituents discussed the possible ratification of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Private Employment Agencies Convention, 1997 (No. 181); the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); and the Violence and Harassment Convention, 2019 (No. 190). The Committee notes that, according to the press release, all four Conventions discussed are to be ratified. Moreover, it was agreed during the March 2021 consultations that the regularity of NLAC meetings would be ensured in conformity with this Convention. Finally, the Committee notes that the ILO is currently supporting the development of the first National Industrial Relations Policy and the Decent Work Country Programme (DWCP) III for Nigeria. The Committee requests the Government to continue to provide updated, detailed information on thecontent, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to: 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 Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government 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 content and outcome of these consultations.