Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 278, Juin 1991

Cas no 1530 (Nigéria) - Date de la plainte: 19-AVR. -90 - Clos

1. 192. The International Transport Workers' Federation (ITF), together with the International Metalworkers' Federation (IMF), the International Textile, Garment and Leather Workers' Federation (ITGLWF), the International Federation of Chemical, Energy and General Workers' Unions (ICEF), the International Federation of Journalists (IFJ), the Public Services International (PSI), the International Union of Food and Allied Workers' Associations (IUF), the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) and the International Federation of Building and Wood Workers (IFBWW), presented a complaint of violations of trade union rights against the Government of Nigeria in a communication dated 19 April 1990. The International Confederation of Free Trade Unions associated itself with this complaint in a letter dated 25 April 1990. The ITF, again on behalf of the above-mentioned international trade secretariats, sent further information on the case in a communication of 27 April 1990.
2. 193. The Government sent certain partial observations on the allegations in a communication dated 29 October 1990, which were referred to by the Committee at its November 1990 meeting when it adjourned the case and requested the Government to transmit its full observations thereon. (275th Report, para. 5, approved by the Governing Body at its 248th Session, November 1990.) Certain further information was supplied in a communication dated 26 April 1991.
3. 194. At its February 1991 meeting, the Committee observed that, despite the time which has elapsed since the presentation of the complaint and the seriousness of the allegations contained therein, the Government had not transmitted the information requested from it. It thus drew the Government's attention to the fact that, in accordance with the procedural rules, it would present a report on the substance of the case at its next meeting even if the awaited observations have not been received in due time. It addressed an urgent appeal to the Government for its full reply. (277th Report, para. 11, approved by the Governing Body at its 249th Session, February-March 1991.)
4. 195. Nigeria has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 196. In their joint communication of 19 April 1990, the international trade secretariats - on behalf of their various affiliates in Nigeria - state that Decree No. 35 on Trade Unions (International Affiliation) of 7 December 1989, published in the Nigerian Official Gazette, is a gross violation of Article 5 of Convention No. 87 because it bans, with very few exceptions, international affiliation for trade union organisations.
2. 197. According to the copy of the Decree supplied by the complainants, sections 1 and 3 lay down the international bodies to which the "Central Labour Organisation" may be affiliated and require that specific authority be obtained from the Government if that central body wishes to affiliate to any other. By virtue of section 2, the Decree also applies to all industrial unions and contains an even more severe ban for this level of workers' organisations because the prohibition on their affiliation is unqualified and does not permit any applications to the authorities for exceptions. Section 2 clearly states that these workers' organisations "shall cease to be affiliated with any international labour organisation or trade secretariat".
3. 198. According to the complainants, their affiliated unions are now being forced against their will to end their international affiliations or face the draconian penalties set out in section 4 of the Decree: "(1) Any person who contravenes any of the provisions of this Decree shall be guilty of an offence and shall be liable on conviction to a fine of N5,000 or to imprisonment for a term of five years or to both such fine and imprisonment"; and "(2) where an offence under this section is committed by a trade union or association, it shall be liable on conviction to a fine of not less than N10,000 and the name of the trade union or association shall be removed from the register of trade unions".
4. 199. In their letter of 27 April 1990, the complainants add that, as a consequence of Decree No. 35, the following Nigerian affiliates of the complainant organisations in this case have advised their trade secretariats that, to their great regret, they have to end their affiliation: the Dockworkers' Union of Nigeria; the Nigerian Union of Seamen and Water Transport Workers; the Nigerian Ports Authority Workers' Union; and the Union of Shipping, Clearing and Forwarding Agencies' Workers of Nigeria.

B. The Government's reply

1. 200. By a communication of 29 October 1990, the Government advised that the possibility of repealing the Trade Unions (International Affiliation) Decree No. 35 of 1989 is under consideration. According to the Government, in these circumstances, it will no longer be necessary for the Committee to discuss the matter. In acknowledging this letter, the Office requested the Government to provide as soon as possible information on the measures actually taken to repeal the Decree.
2. 201. By a communication dated 26 April 1991, the Government stated that it has decided to repeal the Decree in question and that the amending legislation will be promulgated in due course.

C. The Committee's conclusions

1. 202. The Committee regrets that, apart from a brief communication suggesting that the Committee no longer need discuss the matter and an equally brief letter indicating that the Decree will be repealed in due course, the Government has not sent its observations on the substance of this complaint lodged over a year ago by several international trade secretariats and supported by the ICFTU. Because of this, and owing to the time which has elapsed, the Committee has been forced to examine the case without the benefit of the Government's comments on the Decree in question.
2. 203. The Committee must therefore recall the considerations set out in its First Report (para. 31) and which it has had to repeat on several occasions: the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, as the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance of formulating, so as to allow an objective examination, full and detailed replies to such detailed factual charges as may be brought against them.
3. 204. Turning to the substance of the case, it is clear from the copy of Decree No. 35 supplied by the complainants that a ban has been placed on all Nigerian workers' organisations from affiliating or maintaining affiliation with international workers' organisations, with the sole exception of the Central Labour Organisation being able to affiliate with three permitted bodies listed in section 3(1) (namely, the Organisation of African Trade Union Unity, the Organisation of Trade Union for West Africa and "any other international labour organisation specifically approved by the Armed Forces Ruling Council"). Not only is this ban evident from the terms of the Decree, but additional information supplied by the complainants proves that some of their Nigerian affiliates have in fact terminated their affiliations as a consequence of the Decree.
4. 205. The Committee expresses its serious concern over this Decree and the effect it is having in denying the right of Nigerian workers' organisations to affiliate with international organisations of workers of their own choosing, a right accorded to them by Articles 5 and 6 of Convention No. 87.
5. 206. In addition, the Committee notes that the Committee of Experts on the Application of Conventions and Recommendations criticised this Decree as a violation of Article 5 of Convention No. 87 during its recent (March 1991) assessment of Nigeria's application of Convention No. 87, and called for its repeal.
6. 207. This Committee recalls that the ILO supervisory bodies have consistently protected the right of workers' (and employers') organisations to affiliate with international organisations of workers (and employers, respectively), to participate in their activities and to benefit from the advantages flowing from such affiliation. (General Survey on Freedom of Association and Collective Bargaining, 1983, paras. 250-251, and Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 518-524.) In particular, it would draw the Government's attention to the principle it has repeatedly upheld, namely that international trade union solidarity constitutes one of the fundamental objectives of any trade union movement and underlies the principle contained in Article 5 of Convention No. 87 that any organisation, federation or confederation shall have the right to affiliate with international occupational organisations. (Digest, para. 518.) This principle also finds recognition in the Constitution of the ILO.
7. 208. In view of all the above, the Committee requests the Government to take measures for the immediate repeal of Decree No. 35 and to supply it with a copy of the repealing text.

The Committee's recommendations

1. 209. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)The Committee regrets that, apart from two brief communications suggesting that the Committee no longer need examine the case and indicating a repeal in due course, the Government has not supplied its observations on the allegations presented in this case over 12 months ago.
   • b)The Committee requests the Government to take measures for the immediate repeal of the Trade Unions (International Affiliation) Decree (No. 35 of 1989) which is a violation of the right, which is recognised in both the Constitution of the ILO and in Article 5 of Convention No. 87, of workers' organisations at the national level to affiliate with international organisations of workers, and to transmit to it the text of the legislation which effects this appeal.