CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Nigeria (RATIFICATION: 1960)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Public Order Act. In its earlier comments, the Committee referred to the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, which contains provisions imposing certain restrictions on the organization of public assemblies, meetings and processions (sections 1–4), with such offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee requested the Government to provide information on the application in practice of the Act.

The Committee notes the Government’s indication in its report that the Public Order Act, Cap. 382, 1990 now cited as Public Order Act, Cap. P42, Laws of the Federation of Nigeria 2004, does not by its provisions impose restrictions on the organization of public assemblies by workers for trade union activities. It further notes copies of relevant court decisions annexed to the Government’s report, in particular a ruling of the Appeal Court delivered in 2007 which declared the provisions of the Public Order Act Cap. 382 illegal and unconstitutional (Suit No. CA/A/193/M/05). The Committee takes due note of this information.

The Committee requests the Government to provide a copy of the Public Order Act P42 in order to assess the conformity of its provisions with the Convention. It also requests the Government to continue to provide court decisions in this respect.

2. Legislation relating to the press and media. In its earlier comments, the Committee referred to the Nigerian Press Council (Amendment) Act, 2002, which imposes certain restrictions on journalists’ activities enforceable with penalties of imprisonment (section 19(1) and (5)(a)), which involves compulsory prison labour. The Committee requested the Government to take the necessary measures to repeal or amend the abovementioned provisions.

The Committee notes the Government’s indication in its report that the press and media are adequately protected under the 1999 Constitution and the Freedom of Information Act. The Committee also notes that the Nigerian Press Council (Amendment) Act, 2002 does not exist anymore in the Nigeria body of laws, as the Federal High Court in Suit No. FHC/CS/1324/99 on 25 February 2010 stated that some sections of the Nigeria Press Council Decree No. 85 of 1992 as amended by the Nigeria Press Council (Amendment) Decree No. 60 of 1999 constituted a gross violation of the rights guaranteed under Chapter IV of the 1999 Constitution. The related sections were declared null and void. The decision now constitutes part of the jurisprudence. The Committee takes due note of this information. The Committee requests the Government to indicate whether any new legislation relating to the press and media has been recently adopted.

Article 1(c). Punishment for breaches of labour discipline. 1. Labour Act. The Committee previously noted that, pursuant to section 81(1)(b) and (c) of the Labour Act, 1974, a court may direct the fulfilment of a contract of employment and posting of security for the due performance of so much of the contract as remains unperformed, and a person failing to comply with such direction may be committed to prison. The Committee requested the Government to take the necessary measures to amend or repeal the abovementioned sections of the Labour Act.

The Committee notes the Government’s indication that it has undertaken the revision of the Labour Act, 1974, now cited Labour Act, CAP L1, LFN 2004, and it is still awaiting passage by the National Assembly. While taking note of this information, the Committee trusts that the Government will take the necessary measures to ensure that the draft revision of the Labour Act does not provide for penalties of imprisonment involving compulsory labour, for breaches of labour discipline. The Committee requests the Government to provide a copy of the Act, once adopted.

2. Merchant Shipping Act. In its previous comments, the Committee noted with serious concern that section 196(2) of the Merchant Shipping Act of 2007 provides for penalties of imprisonment for various breaches of labour discipline (in the absence of a danger to the safety of the ship or of persons), including wilfully disobeying any lawful command (section 196(2)(b)) or continuing to wilfully disobey such commands or neglecting duties (section 196(b)(c)). The Committee requested the Government to take the necessary measures to amend or repeal the abovementioned sections of the Merchant Shipping Act.

The Committee notes the Government’s indication that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), would address any anomalies in the seafarers’ terms and conditions of work. In this regard, the Committee requests the Government to indicate the measures taken to bring sections 196(2), 196(2)(b), and 196(b)(c) of the Merchant Shipping Act of 2007 into conformity with the Convention, by limiting the provision’s scope to situations where the safety of the ship or the life or health of persons is endangered.

Article 1(d). Punishment involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that the Trade Unions (Amendment) Act of 2005, amending the Trade Unions Act of 1990, included additional penalties of imprisonment for participation in strikes. It further noted that the Collective Labour Relations Bill should be addressing this issue. The Committee requested the Government to take the necessary measures to ensure that the Collective Labour Relations Bill does not provide for penalties of imprisonment for the peaceful participation in a strike.

The Committee notes the Government’s indication that with regard to the Collective Labour Relations Bill, all efforts are being deployed to ensure the final adoption of the Act. Referring to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee once again requests the Government to take the necessary measures to ensure that the Collective Labour Relations Bill does not provide for penalties of imprisonment for the peaceful participation in a strike, in conformity with the Convention. It expresses the firm hope that the Collective Labour Relations Bill will be enacted in the near future, and requests the Government to provide a copy, once adopted.