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A Government representative acknowledged that the Committee of Experts had not received his Government's report on the application of the Convention and explained that the information requested by the Committee of Experts was not available to him; some of it, for example relating to merchant shipping Acts, would have to be obtained from the Ministry of Transport, other matters were being considered by the National Labour Advisory Council and no decision had as yet been taken on them. The Government representative undertook to send a report on the application of the Convention before October 1990, which would adequately answer all the questions raised by the Committee of Experts.

The Workers' members regretted that the Government had not submitted the report on the application of the Convention, this obliging the Committee of Experts to repeat the comments made several years ago on four particular points where existing decrees and laws were not in full conformity with the Convention. It should be stressed that there was some contradiction between the fact that the Government had informed the Committee of Experts that forced labour no longer existed in Nigeria, while at the same time indicating that the outstanding questions should be the subject of a study in due course. In thus seemed clear that problems indeed existed. The Workers' members stressed the need to take steps to bring the legislation into full conformity with the Convention and to supply reports giving details of the steps taken in relation to the repeated observations of the Committee of Experts.

The Employers' members regretted that the Government representative had not addressed the substance of the case, despite the fact that, since 1976, the Committee of Experts had been criticising the disparities between the laws and decrees and the provisions of the Convention and despite the fact that the present Committee had discussed this case twice. In addition, unlike earlier discussions of the case in this Committee, this time no promises had been given to improve the application of the Convention. Consequently, the Employers' members requested that, in its conclusions, the Committee should deplore the fact that the Government representative had not provided a substantial reply and should state that this Committee had decided to examine the case next year.

The Government representative repeated his undertaking to send a detailed report on the application of the Convention before the end of 1990.

The Committee took note of the information supplied by the Government representative. It regretted that the information given only pertained to the obligation to report and not to the substance of the case. In view of the high position of the Government representative in his own country, the Committee trusted that his personal undertaking to send the necessary reports and replies before October 1990 would enable the Committee of Experts to assess the situation in detail. It trusted that the report on this Convention would arrive in time and hoped that the Government would be in a position to inform the competent bodies of the ILO within the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. 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), offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also refers in this connection to paragraphs 154 and 162 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

While noting the Government’s statement in the report that the Public Order Act, Cap. 382, does not impose restrictions on the organization of public assemblies by workers for trade union activities and there is therefore no conviction for violation, the Committee observes, however, that the above Act still imposes restrictions on the freedom of expression enforceable with sanctions involving compulsory labour, which is incompatible with the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While having noted the Government’s indication in its previous report that there was no record of the violation of the provisions of the Act, the Committee reiterates its hope that, pending the amendment, the Government will continue to provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

2. 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. While having noted the Government’s repeated indication in its reports that no conviction has been made under the Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention and the indicated practice. Pending the amendment, the Government is requested to continue to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

Article 1(c) and (d). Punishment for breaches of labour discipline and for participation in strikes. In its earlier comments, the Committee referred to the following provisions enforceable with sanctions of imprisonment (which involves compulsory prison labour):

–      section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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;

–      section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

–      section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. It also noted the Government’s indication in its 2005 report that the review of the labour laws had been completed and submitted to the federal Government for further action. In its latest report, the Government states that the provisions referred to above have been addressed in the Collective Labour Relations Bill. The Committee expresses the firm hope that all of the legislative provisions referred to above will soon be amended, so as to bring legislation into conformity with the Convention, and that the Government will indicate, in its next report, the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 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), offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also refers in this connection to paragraphs 154 and 162 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

While noting the Government’s statement in the report that the Public Order Act, Cap. 382, does not impose restrictions on the organization of public assemblies by workers for trade union activities and there is therefore no conviction for violation, the Committee observes, however, that the above Act still imposes restrictions on the freedom of expression enforceable with sanctions involving compulsory labour, which is incompatible with the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While having noted the Government’s indication in its previous report that there was no record of the violation of the provisions of the Act, the Committee reiterates its hope that, pending the amendment, the Government will continue to provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

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. While having noted the Government’s repeated indication in its reports that no conviction has been made under the Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention and the indicated practice. Pending the amendment, the Government is requested to continue to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

Article 1(c) and (d). Punishment for breaches of labour discipline and for participation in strikes. In its earlier comments, the Committee referred to the following provisions enforceable with sanctions of imprisonment (which involves compulsory prison labour):

–      section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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;

–      section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

–      section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. It also noted the Government’s indication in its 2005 report that the review of the labour laws had been completed and submitted to the federal Government for further action. In its latest report, the Government states that the provisions referred to above have been addressed in the Collective Labour Relations Bill. The Committee expresses the firm hope that all of the legislative provisions referred to above will soon be amended, so as to bring legislation into conformity with the Convention, and that the Government will indicate, in its next report, the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. 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), offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also refers in this connection to paragraphs 154 and 162 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

While noting the Government’s statement in the report that the Public Order Act, Cap. 382, does not impose restrictions on the organization of public assemblies by workers for trade union activities and there is therefore no conviction for violation, the Committee observes, however, that the above Act still imposes restrictions on the freedom of expression enforceable with sanctions involving compulsory labour, which is incompatible with the Convention.

The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While having noted the Government’s indication in its previous report that there was no record of the violation of the provisions of the Act, the Committee reiterates its hope that, pending the amendment, the Government will continue to provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

2. 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. While having noted the Government’s repeated indication in its reports that no conviction has been made under the Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention and the indicated practice. Pending the amendment, the Government is requested to continue to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

Article 1(c) and (d). Punishment for breaches of labour discipline and for participation in strikes. In its earlier comments, the Committee referred to the following provisions enforceable with sanctions of imprisonment (which involves compulsory prison labour):

–      section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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;

–      section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

–      section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. It also noted the Government’s indication in its 2005 report that the review of the labour laws had been completed and submitted to the federal Government for further action. In its latest report, the Government states that the provisions referred to above have been addressed in the Collective Labour Relations Bill. The Committee expresses the firm hope that all of the legislative provisions referred to above will soon be amended, so as to bring legislation into conformity with the Convention, and that the Government will indicate, in its next report, the progress achieved in this regard.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. Political coercion and punishment for holding or expressing views opposed to the established system. 1. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions enforceable with sanctions of imprisonment (involving an obligation to work). The Committee notes that the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, supplied by the Government with its report, imposes similar restrictions on the organization of public assemblies, meetings and processions (sections 1 to 4), offences being punishable with imprisonment (sections 3 and 4(5)).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

The Committee therefore hopes that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While noting the Government’s indication in the report that there is no record of the violation of the provisions of the Act, the Committee asks that, pending the amendment, the Government will provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

2. The Committee previously 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 an obligation to work. While noting the Government’s indication in the report that no journalist has been convicted under this Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention. Pending the amendment, the Government is requested to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

3. The Committee previously noted the Government’s indication that the Human Rights Violations Investigation Panel, established in 1999, has concluded its assignment and forwarded the report to the federal Government, which was supposed to release a white paper on it. The Committee would appreciate it if the Government would supply copies of the Panel’s report and the white paper, as soon as they are released.

Article 1(c) and (d). Punishment for breaches of labour discipline and for participation in strikes. In its earlier comments the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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; section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons; section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. The Government states in its latest report that the review of the labour laws has been completed and submitted to the federal Government for further action. The Committee trusts that the legislative provisions referred to above will be amended in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to indicate, in its next report, the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1(a) of the Convention. Political coercion and
punishment for holding or expressing views opposed
to the established system

1. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions enforceable with sanctions of imprisonment (involving an obligation to work). The Committee notes that the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, supplied by the Government with its report, imposes similar restrictions on the organization of public assemblies, meetings and processions (sections 1 to 4), offences being punishable with imprisonment (sections 3 and 4 (5)).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133 to 140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, restrictions affecting the organization of such meetings and assemblies may give rise to similar problems of the application of the Convention, if such restrictions are enforceable with penalties involving compulsory labour.

The Committee therefore hopes that the necessary measures will be taken in order to bring the provisions of the Public Order Act into conformity with the Convention. While noting the Government’s indication in the report that there is no record of the violation of the provisions of the Act, the Committee asks that, pending the amendment, the Government will provide information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed.

2. The Committee previously 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 an obligation to work. While noting the Government’s indication in the report that no journalist has been convicted under this Act, and referring also to the explanations in point 1 of this observation, the Committee reiterates its hope that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention. Pending the amendment, the Government is requested to provide information on the application of these provisions in practice, indicating, in particular, any convictions under the above Act and penalties imposed.

3. The Committee previously noted the Government’s indication that the Human Rights Violations Investigation Panel, established in 1999, has concluded its assignment and forwarded the report to the federal Government, which was supposed to release a white paper on it. The Committee would appreciate it if the Government would supply copies of the Panel’s report and the white paper, as soon as they are released.

Article 1(c) and (d). Punishment for breaches of
labour discipline and for participation in strikes

In its earlier comments the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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; section 117(b), (c) and (e) of the Merchant Shipping Act, under which seafarers are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons; section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. The Government states in its latest report that the review of the labour laws has been completed and submitted to the federal Government for further action. The Committee trusts that the legislative provisions referred to above will be amended in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to indicate, in its next report, the progress achieved in this regard.

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The Committee notes the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, as amended, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions (sections 1 to 4), offences being punishable with imprisonment (sections 3(c) and 4(5)). The Government indicates in its report that the above Decree has been replaced with the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 1990, and that in view of enforcement, the Act is implemented more on prevention of crimes related to public processions on public roads than on sanctions and punishment of offenders. The Committee hopes that the Government will supply a copy of the Public Order Act, Cap. 382, as well as information on its application in practice, including information on convictions for violation of its provisions and on penalties imposed, and supplying copies of relevant court decisions.

2. The Committee previously referred to the Nigerian Press Council (Amendment) Decree No. 60 of 1999, which imposed certain restrictions on journalists’ activities enforceable with penalties of imprisonment for a term of up to three years. It notes the Government’s indication in the report that, since the adoption of the Nigerian Press Council Decree No. 85 of 1992, no journalist has ever been tried or convicted for any offence under it. The Committee also notes that the above enactments have been amended by the Nigerian Press Council (Amendment) Act, 2002; however, it notes that this Act contains provisions imposing similar restrictions on journalists’ activities, offences being punishable with imprisonment (section 19(1) and (5)(a)). The Committee hopes that measures will be taken to repeal or amend these provisions in order to bring the legislation into conformity with the Convention on this point. Pending the amendment, the Government is requested to provide information on practical application of these provisions indicating, in particular, any recent convictions under the above Act, as well as penalties imposed, and supplying copies of relevant court decisions.

3. The Committee notes the National Action Plan for the Promotion and Protection of Human Rights in Nigeria, 2002. It also notes the Government’s indication that the Human Rights Violations Investigation Panel, established in 1999, has concluded its assignment and forwarded the report to the federal Government, which will release a white paper on it. The Committee would be grateful if the Government would supply copies of the Panel’s report and the white paper, as soon as it is released.

Article 1(c) and (d). In its earlier comments the Committee referred to the following provisions:

-  section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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;

-  section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

-  section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 (now section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990), under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council, and that, in particular, section 17(2) (a) of the Trade Disputes Act, Cap. 432, of 1990, would be tabled for amendment during the review exercise. The Government reiterates in its latest report that the National Labour Advisory Council Subcommittee on the Review of Labour Laws is still compiling the proposed areas of amendments. The Committee expresses firm hope that the necessary action to amend the legislative provisions referred to above, in order to ensure the observance of the Convention, will be taken in the near future, and that the Government will indicate, in its next report, the progress achieved in this regard.

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The Committee notes the information provided by the Government in reply to its earlier comments. It notes with interest that the State Security (Detention of Persons) Decree No. 2 of 1984, to which it has been referring since a number of years, has been repealed by Decree No. 63 of 1999.

Article 1(a) of the Convention. In its earlier comments, the Committee referred to the Public Order Decree No. 5 of 1979, as amended, which contained provisions under which public assemblies, meetings and processions on public roads or places of public resort must be previously authorized and may be subject to certain restrictions (sections 1-4), and that offences are punishable with imprisonment (sections 3(c) and 4(5)). The Committee requests the Government to indicate whether this Decree continues to be in force, and if so, to provide information on its application in practice, including information on convictions under the above provisions and on penalties imposed, and supply copies of relevant court decisions.

Please also supply a copy of the Nigerian Press Council Decree No. 60 of 1999, which imposes certain restrictions on journalists’ activities enforceable with penalties of imprisonment for a term of up to three years. Please provide information on its practical application, indicating, in particular, any recent convictions under the said Decree, as well as penalties imposed, and supply copies of relevant court decisions.

The Committee would be grateful if the Government would also provide information on the National Action Plan for the Human Rights Steering Committee and Coordinating Committee, as well as on the activities of the Human Rights Violations Investigation Panel, established in 1999.

Article 1(c) and (d). In its earlier comments the Committee referred to the following legislative provisions:

-  section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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;

-  section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons;

-  section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee previously noted the Government’s indications that all these provisions were under consideration by the National Labour Advisory Council. The Government indicates in its latest report that section 13(1) and (2) of Decree No. 7 of 1976 (now section 17(2)(a) of the Trade Disputes Act, Cap. 432, of 1990) will be tabled for amendment during the review exercise. The Committee trusts that this legislation if passed, will ensure the observance of the Convention. The Committee asks the Government to indicate, in its next report, the progress of appropriate legislation to ensure compliance with the Convention.

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The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee hopes the Government will supply a report for examination at its next session, and that it will indicate in detail the position in relation especially to Article 1(a), (c), (d) and (e) of the Convention, bearing in mind among other things the questions raised in the previous comments concerning these matters:

1. The Government is requested to indicate whether the State Security (Detention of Persons) Decree, No. 2 of 1984, as amended, continues in force and whether forced or compulsory labour may be imposed under it in circumstances incompatible with the Convention.

2. The Government is requested to indicate steps taken to ensure observance of the Convention in respect of: (i) section 81(1)(b) and (c) of the Labour Decree, 1974, as regards direction to fulfil contracts of employment on pain of imprisonment involving an obligation to work; (ii) section 117(b), (c) and (e) of the Merchant Shipping Act, as regards possible imprisonment with the obligation to work for seafarers in breach of discipline; and (iii) section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, as regards similar imprisonment for participation in strikes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee hopes the Government will supply a report for examination at its next session, and that it will indicate in detail the position in relation especially to Article 1(a), (c), (d) and (e) of the Convention, bearing in mind among other things the questions raised in the previous comments concerning these matters:

1.  The Government is requested to indicate whether the State Security (Detention of Persons) Decree, No. 2 of 1984, as amended, continues in force and whether forced or compulsory labour may be imposed under it in circumstances incompatible with the Convention.

2.  The Government is requested to indicate steps taken to ensure observance of the Convention in respect of: (i) section 81(1)(b) and (c) of the Labour Decree, 1974, as regards direction to fulfil contracts of employment on pain of imprisonment involving an obligation to work; (ii) section 117(b), (c) and (e) of the Merchant Shipping Act, as regards possible imprisonment with the obligation to work for seafarers in breach of discipline; and (iii) section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, as regards similar imprisonment for participation in strikes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters.

The Committee hopes the Government will supply a report for examination at its next session, and that it will indicate in detail the position in relation especially to Article 1(a), (c), (d) and (e) of the Convention, bearing in mind among other things the questions raised in the previous comments concerning these matters: 1. The Government is requested to indicate whether the State Security (Detention of Persons) Decree, No. 2 of 1984, as amended, continues in force and whether forced or compulsory labour may be imposed under it in circumstances incompatible with the Convention. 2. The Government is requested to indicate steps taken to ensure observance of the Convention in respect of: (i) section 81(1)(b) and (c) of the Labour Decree, 1974, as regards direction to fulfil contracts of employment on pain of imprisonment involving an obligation to work; (ii) section 117(b), (c) and (e) of the Merchant Shipping Act, as regards possible imprisonment with the obligation to work for seafarers in breach of discipline; and (iii) section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, as regards similar imprisonment for participation in strikes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee refers to its general observation and the decision of the Governing Body at its November session, following the direct contacts mission which took place in August 1998. It hopes the Government will supply a report for examination at its next session, and that it will indicate in detail the position in relation especially to Article 1(a), (c), (d) and (e) of the Convention, bearing in mind among other things the questions raised in the previous comments concerning these matters:

1. The Government is requested to indicate whether the State Security (Detention of Persons) Decree, No. 2 of 1984, as amended, continues in force and whether forced or compulsory labour may be imposed under it in circumstances incompatible with the Convention.

2. The Government is requested to indicate steps taken to ensure observance of the Convention in respect of: (i) section 81(1)(b) and (c) of the Labour Decree, 1974, as regards direction to fulfil contracts of employment on pain of imprisonment involving an obligation to work; (ii) section 117(b), (c) and (e) of the Merchant Shipping Act, as regards possible imprisonment with the obligation to work for seafarers in breach of discipline; and (iii) section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, as regards similar imprisonment for participation in strikes.

CMNT_TITLE

The Committee has noted the information concerning the application of Public Order Decree No. 5 of 1979, as amended, supplied by the Government with its latest report received in 1995. In its earlier comments the Committee noted that, under the said Decree, public assemblies, meetings and processions on the public roads or places of public resort must be previously authorized and may be subject to certain directions and conditions (sections 1 to 4), and that offences may be punished by imprisonment for six months or two years (sections 3(c) and 4(5)). The Government indicates that the information on convictions under these provisions and on penalties imposed are being compiled by the Federal Office of Statistics. The Committee hopes that the Government will not fail to provide this information, as well as copies of relevant court decisions, with its next report.

Please also supply a copy of the Newspaper Registration Board Decree No. 43 of 1993, which provides for punishment by a ten-year imprisonment or a fine for publishing "false information". Please provide information on its practical application, indicating, in particular, any recent convictions under the said Decree, as well as penalties imposed, and supply copies of relevant court decisions.

CMNT_TITLE

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. With reference to its previous observation, the Committee has noted that a transitional timetable was announced in 1995 with a view to return the country to democratically elected civilian government by 1 October 1998. It has noted that a partial lifting of the ban on political activities was announced in 1995, and that multi-party local government elections took place in March 1997. The Committee requests the Government to provide information, in its next report, concerning legislative or statutory provisions in force in relation to the expression of views, freedom of assembly and association and political activities. Please also supply information on the activities of the National Human Rights Commission which was established in 1996.

The Committee notes that the Conference Committee on the Application of Standards, in paragraph 169 of its General Report of 1997 concerning a very grave trade union situation in the country, urged the Government to ensure full respect of civil liberties, essential to the exercise of freedom of association. The Committee wishes to recall in this connection that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work.

In its earlier comments the Committee referred to the State Security (Detention of Persons) Decree No. 2 of 1984, as amended, under which persons can be detained for successive periods of six weeks. The Committee has noted the Government's indication in its report that there is no Act or Regulation governing conditions of detention under the above-mentioned Decree. The Committee requests the Government to provide, in its next report, information on any applicable provisions concerning conditions of detention under Decree No. 2 of 1984.

Article 1(c) and (d). In its earlier comments the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974, under which a court may direct 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; section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons; section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976, under which participation in strikes may be punished with imprisonment involving an obligation to work in certain cases.

The Committee has noted the Government's indication in its report of 1994 that all these provisions are still being considered by the National Labour Advisory Council. The Committee reiterates its hope that the necessary action to ensure the observance of the Convention in this regard will be taken in the near future and asks the Government to indicate, in its next report, the measures taken to amend the legislative provisions referred to above.

CMNT_TITLE

In previous comments the Committee noted the Public Order Decree No. 5 of 1979, as amended, communicated by the Government with its report of 1990. The Committee noted that public assemblies, meetings and processions on the public roads or places of public resort must be previously authorized and may be subject to certain directions and conditions (sections 1 to 4); offences may be punished by imprisonment for six months (section 3(c)) or two years (section 4(5)).

The Committee again requests the Government to provide information on the practical application of these provisions including information on any recent convictions under these provisions, penalties imposed and copies of relevant court decisions.

CMNT_TITLE

The Committee notes the information provided by the Government in its report of 9 December 1993.

Article 1(a) of the Convention. In its previous comments, the Committee noted that the transition to civilian rule, scheduled for 2 January 1993, was extended to 27 August 1993. The Committee notes that on 17 November 1993, after an 82-day period of civilian rule, albeit by a non-elected administration, the country came again under military control. A Provisional Ruling Council was instituted, the National Assembly dissolved, the two existing political parties banned and political activity prohibited. The 1979 Constitution was restored.

The Committee notes the Government's indication that under the 1979 Constitution, the rights to freedom of thought, conscience, religion and expression are guaranteed (sections 35 and 36 of the 1979 Constitution). The Committee hopes that the Government will provide information on legislative or statutory provisions in force in relation to the expression of views, freedom of association and assembly and political activities. Referring in this context to the prohibition of political activities, the Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work.

The Committee referred previously to the State Security (Detention of Persons) Decree No. 2 of 1984, as modified, under which persons can be detained for successive periods of six weeks. The Committee notes the Government's indication in its report that since 27 August 1993 all detainees under Decree No. 2 have been released. The Committee hopes that the Government will provide a copy of any Act or regulation governing conditions of detention under Decree No. 2 of 1984, as previously requested.

Article 1(c) and (d). In previous comments, the Committee referred to the following provisions: section 81(1)(b) and (c) of the Labour Decree, 1974; section 117(b), (c) and (e) of the Merchant Shipping Act; section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976. The Committee noted previously the Goverment's information that section 81(1)(b) and (c) of the Labour Decree, 1974 and section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 had been submitted to the National Advisory Council for necessary amendments.

The Committee notes the Government's indication in its latest report that these provisions are still under consideration by the National Advisory Council who has yet to conclude its work. It also notes the Government's statement that the relevant amendments to section 117(b), (c) and (d) of the Merchant Shipping Act have not been effectuated.

The Committee hopes that the necessary action to ensure the observance of the Convention in this regard will be taken and that the Government will indicate the measures taken or envisaged to amend the legislative provisions referred to.

CMNT_TITLE

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 following matters raised in its previous direct request:

1. Referring also to its observation, the Committee noted the Public Order Decree No. 5 of 1979, as amended, communicated by the Government with its report of 1990. The Committee noted that public assemblies, meetings and processions on the public roads or places of public resort must be previously authorized and may be subject to certain directions and conditions (sections 1 to 4); offences may be punished by imprisonment for six months (section 3(c)) or two years (section 4(5)).

The Committee again requests the Government to provide information on the practical application of these provisions including information on any recent convictions under these provisions, penalties imposed and copies of relevant court decisions.

2. The Committee noted that under article 12 of the 1989 Constitution the National Assembly may make laws in respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and services as may be designated as essential supplies and services. The Committee again requests the Government to provide a copy of any legislative provisions in pursuance of this article.

3. Noting also that, under article 38(1) of the new Constitution every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference and that under article 38(2) without prejudice to the generality of subsection (1) every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions, the Committee again requests the Government to provide a copy of any legislative or statutory provisions which might be adopted in this regard.

CMNT_TITLE

In its previous comments the Committee noted the adoption in 1989 of a new Constitution which was to come into force on 1 October 1992. The Committee notes, however, that the transition to civilian rule, scheduled for 2 January 1993, was extended to 27 August 1993.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. 1. The Committee previously noted that the new Constitution provided for the protection of fundamental rights, such as the right to freedom of thought, conscience, to freedom of expression and the press, the right of peaceful assembly and association (articles 32 to 41) and for the state social order to be founded on ideals of freedom, equality and justice. The Committee noted also that the federal military Government may promulgate constitutional and transitional Decrees during the transition period (Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989, sections 1 to 3). The Committee noted the Government's indication in its report in 1990 that the ban on freedom of association and assembly had been lifted as well as the ban on political activities and that two political parties emerged, namely the Social Democratic Party and the National Republican Convention. The Committee noted, however, that only two political parties can be established under article 220 of the new Constitution and were in fact allowed to compete in the 1990 local elections which were the first political elections since 1983. The Committee expressed the hope that the Government would provide information on any legislative or statutory provisions adopted under the provisions of the new Constitution when in force, in relation to the expression of views, freedom of association and assembly, and political activities. Referring in this context to the restrictions on the establishment of political parties, the Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee asked the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work. The Committee had also noted that under the State Security (Detention of Person) Decree No. 2 of 1984 persons could be detained for successive periods of three months (respectively six months following the amendment of the Decree), constitutional guarantees in this matter being suspended, and that under the State Security (Detention of Persons) (Amendment) Decree of 25 January 1990 the successive periods of detention of six months had been substituted by periods of six weeks and a Detention of Persons Review Panel had been established. The Committee expressed the hope that the Government would provide a copy of any Act or regulation governing the conditions of detention for persons detained under Decree No. 2 of 1984, as amended. Article 1(c) and (d). 2. In previous comments, the Committee noted that under section 81(1)(b) and (c) of the Labour Decree, 1974, a court may direct 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 had noted the Government's indication that committal to prison in such circumstances did not usually involve an obligation to perform work, but that efforts would be made to submit section 81(1)(b) and (c) of the Labour Decree, 1974 to the National Advisory Council for necessary amendments. The Committee noted the Government's statement in an earlier report that the sections in question had been submitted to the National Advisory Council for review and amendments. The Committee expressed the hope that the Government would soon be in a position to report on measures adopted to ensure that no sanctions which may involve an obligation to perform work were provided for breaches of labour discipline or for taking part in a strike. 3. In previous comments, the Committee referred to section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons. The Committee expressed the hope that in this regard too, the necessary measures would be taken to ensure the observance of the Convention, and that the Government would soon be able to indicate the amendments adopted. Article 1(d). 4. The Committee previously noted that under section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, participation in strikes may be punished with imprisonment involving an obligation to work in the following cases: (a) where the mediation and reporting procedure imposed by sections 3 and 4 of the Decree for all industrial disputes has not been complied with; (b) where arbitration procedures under sections 7 to 9 of the Decree, which shall be initiated by the Federal Commissioner whenever conciliation attempts have failed, have led to an award by the arbitration tribunal and that award has become binding; (c) when the Federal Commissioner has referred the dispute to the National Industrial Court; (d) when the National Industrial Court has issued an award on the reference. The Committee noted the Government's statement that section 13 merely imposed on an employer or worker an obligation to observe and exhaust prescribed procedures before engaging in a strike or lock-out. In this connection, the Committee referred to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it explained that the imposition of a temporary restriction on the right to strike until all facilities for negotiation and conciliation have been exhausted and while voluntary arbitration procedures were in progress, were to be distinguished from compulsory arbitration systems which result in binding awards allowing practically all strikes to be prohibited or rapidly stopped. When such systems provide for sanctions involving compulsory labour, they should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is, to essential services in the strict sense of the term (i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee further noted that the list of essential services included in Schedule 1 to Decree No. 7 of 1976 and in section 8 of the Trade Disputes (Essential Services) Decree No. 23 of 1976 is wider and covers for example the Central Bank and banking business. Noting the Government's indication in its report that the provisions of section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 had been submitted to the National Labour Advisory Council for necessary review and amendment, the Committee expressed the hope that necessary action would soon be taken to ensure the observance of the Convention in this regard and that the Government would indicate the measures taken or contemplated to amend the legislative provisions referred to.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

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 following matters raised in its previous direct request:

1. Referring also to its observation, the Committee has noted the Public Order Decree No. 5 of 1979, as amended, communicated by the Government with its report of 1990. The Committee noted that public assemblies, meetings and processions on the public roads or places of public resort must be previously authorised and may be subject to certain directions and conditions (sections 1 to 4); offences may be punished by imprisonment for six months (section 3(c)) or two years (section 4(5)).

The Committee again requests the Government to provide information on the practical application of these provisions including information on any recent convictions under these provisions, penalties imposed and copies of relevant court decisions.

2. The Committee noted that under article 12 of the 1989 Constitution, to come into force on 1 October 1992, the National Assembly may make laws in respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and services as may be designated as essential supplies and services. The Committee again requests the Government to provide a copy of any legislative provisions in pursuance of this article.

3. Noting also that, under article 38(1) of the new Constitution every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference and that under article 38(2) without prejudice to the generality of subsection (1) every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions, the Committee again requests the Government to provide a copy of any legislative or statutory provisions which might be adopted in this regard.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee noted the information provided by the Government in its report received in 1990 and the discussion in the Conference Committee in 1990. Article 1(a) of the Convention. 1. In previous comments the Committee noted that certain provisions of the 1979 Constitution, including provisions on fundamental rights relating to detention, and the right of peaceful assembly and association had been suspended or modified and that under the State Security (Detention of Persons) Decree No. 2 of 1984 persons could be detained for successive periods of three months (respectively six months following the amendment of the Decree), constitutional guaranties in this matter being suspended. The Committee had requested the Government to provide information on any sanctions provided for in case of non-compliance with the provisions suspending fundamental rights and on the conditions of detention of persons detained under Decree No. 2 of 1984. The Committee had further noted that a constitutional review committee had been established and a timetable for the political transition adopted. The Committee noted the adoption in 1989 of a new Constitution which would come into force on 1 October 1992. It also noted that the President may by Order appoint a date earlier than 1 October 1992 for the coming into force of any of the provisions of the Constitution and that the federal military Government may promulgate constitutional and transitional Decrees during the transition period (Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989, sections 1 to 3). The Committee noted that the new Constitution provided for the protection of fundamental rights, such as the right to freedom of thought, conscience, to freedom of expression and the press, the right of peaceful assembly and association (articles 32 to 41) and for the state social order to be founded on ideals of freedom, equality and justice. The Committee noted the Government's indication in its report in 1990 that the ban on freedom of association and assembly had been lifted as well as the ban on political activities and that two political parties emerged, namely the Social Democratic Party and the National Republican Convention. The Committee noted, however, that only two political parties can be established under article 220 of the new Constitution and were in fact allowed to compete in the 1990 local elections which were the first political elections since 1983. The Committee hoped that the Government would provide information on any legislative or statutory provisions adopted under the provisions of the new Constitution when in force, in relation to the expression of views, freedom of association and assembly, and political activities. Referring in this context to the restrictions on the establishment of political parties, the Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee asked the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work. The Committee further noted that under the State Security (Detention of Persons) (Amendment) Decree of 25 January 1990 sent by the Government with its report, the successive periods of detention of six months had been substituted by periods of six weeks and a Detention of Persons Review Panel had been established. The Committee hoped again that the Government would provide a copy of any Act or regulation governing the conditions of detention of persons detained under Decree No. 2 of 1984 as amended. Article 1(c) and (d). 2. In previous comments, the Committee noted that under section 81(1)(b) and (c) of the Labour Decree, 1974, a court may direct 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 had noted the Government's indication that committal to prison in such circumstances did not usually involve an obligation to perform work, but that efforts would, however, be made to submit section 81(1)(b) and (c) of the Labour Decree, 1974 to the National Advisory Council for necessary amendments. The Committee noted the Government's statement in an earlier report that the sections in question had been submitted to the National Advisory Council for necessary review and amendments. The Committee hoped that the Government would soon be in a position to report on measures adopted to ensure that no sanctions which may involve an obligation to perform work were provided for breaches of labour discipline or for taking part in a strike. 3. In previous comments, the Committee referred to section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons. The Committee hoped that in this regard too, the necessary measures would be taken to ensure the observance of the Convention, and that the Government would soon be able to indicate the amendments adopted. Article 1(d). 4. The Committee previously noted that under section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, participation in strikes may be punished with imprisonment involving an obligation to work in the following cases: (a) where the mediation and reporting procedure imposed by sections 3 and 4 of the Decree for all industrial disputes has not been complied with; (b) where arbitration procedures under sections 7 to 9 of the Decree, which shall be initiated by the Federal Commissioner whenever conciliation attempts have failed, have led to an award by the arbitration tribunal and that award has become binding; (c) when the Federal Commissioner has referred the dispute to the National Industrial Court; (d) when the National Industrial Court has issued an award on the reference. The Committee noted the Government's statement that section 13 merely imposed on an employer or worker an obligation to observe and exhaust prescribed procedures before engaging in a strike or lock-out. In this connection, the Committee referred to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it explained that the imposition of a temporary restriction on the right to strike until all facilities for negotiation and conciliation have been exhausted and while voluntary arbitration procedures were in progress, were to be distinguished from compulsory arbitration systems which result in binding awards allowing practically all strikes to be prohibited or rapidly stopped. When such systems provide for sanctions involving compulsory labour, they should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is, to essential services in the strict sense of the term (i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee further noted that the list of essential services included in Schedule 1 to Decree No. 7 of 1976 and in section 8 of the Trade Disputes (Essential Services) Decree No. 23 of 1976 is wider and covers for example the Central Bank and banking business. Noting the Government's indication in its report that the provisions of section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 had been submitted to the National Labour Advisory Council for necessary review and amendment, the Committee expressed the hope that necessary action would soon be taken to ensure the observance of the Convention in this regard and that the Government would indicate the measures taken or contemplated to amend the legislative provisions referred to.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

1. Referring also to its observation, the Committee has taken note of the Public Order Decree No. 5 of 1979, as amended, communicated by the Government with its report. The Committee notes that public assemblies, meetings and processions on the public roads or places of public resort must be previously authorised and may be subject to certain directions and conditions (sections 1 to 4); offences may be punished by imprisonment for six months (section 3(c)) or two years (section 4(5)).

The Committee requests the Government to provide information on the practical application of these provisions including information on any recent convictions under these provisions, penalties imposed and copies of relevant court decisions.

2. The Committee notes that under article 12 of the 1989 Constitution, to come into force on 1 October 1992, the National Assembly may make laws in respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and services as may be designated as essential supplies and services. The Committee requests the Government to provide a copy of any legislative provisions in pursuance of this article.

3. Noting also that, under article 38(1) of the new Constitution every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference and that under article 38(2) without prejudice to the generality of subsection (1) every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions, the Committee requests the Government to provide a copy of any legislative or statutory provisions which might be adopted in this regard.

CMNT_TITLE

The Committee notes the information provided by the Government in its report and the discussion in the Conference Committee in 1990.

Article 1(a) of the Convention. 1. In previous comments the Committee noted that certain provisions of the 1979 Constitution, including provisions on fundamental rights relating to detention, and the right of peaceful assembly and association had been suspended or modified and that under the State Security (Detention of Persons) Decree No. 2 of 1984 persons could be detained for successive periods of three months (respectively six months following the amendment of the Decree), constitutional guaranties in this matter being suspended. The Committee had requested the Government to provide information on any sanctions provided for in case of non-compliance with the provisions suspending fundamental rights and on the conditions of detention of persons detained under Decree No. 2 of 1984. The Committee had further noted that a constitutional review committee had been established and a timetable for the political transition adopted.

The Committee notes with interest the adoption in 1989 of a new Constitution which will come into force on 1 October 1992. It also notes that the President may by Order appoint a date earlier than 1 October 1992 for the coming into force of any of the provisions of the Constitution and that the federal military Government may promulgate constitutional and transitional Decrees during the transition period (Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989, sections 1 to 3).

The Committee notes that the new Constitution provides for the protection of fundamental rights, such as the right to freedom of thought, conscience, to freedom of expression and the press, the right of peaceful assembly and association (articles 32 to 41) and for the state social order to be founded on ideals of freedom, equality and justice.

The Committee notes the Government's indication in its report that the ban on freedom of association and assembly has been lifted as well as the ban on political activities and that two political parties emerged, namely the Social Democratic Party and the National Republican Convention. The Committee notes, however, that only two political parties can be established under article 220 of the new Constitution and were in fact allowed to compete in the 1990 local elections which were the first political elections since 1983.

The Committee hopes that the Government will provide information on any legislative or statutory provisions adopted under the provisions of the new Constitution when in force, in relation to the expression of views, freedom of association and assembly, and political activities. Referring in this context to the restrictions on the establishment of political parties, the Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee asks the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties which would involve an obligation to work.

The Committee further notes that under the State Security (Detention of Persons) (Amendment) Decree of 25 January 1990 sent by the Government with its report, the successive periods of detention of six months have been substituted by periods of six weeks and a Detention of Persons Review Panel has been established. The Committee hopes again that the Government will provide a copy of any Act or regulation governing the conditions of detention of persons detained under Decree No. 2 of 1984 as amended.

Article 1(c) and (d). 2. In previous comments, the Committee noted that under section 81(1)(b) and (c) of the Labour Decree, 1974, a court may direct 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 had noted the Government's indication that committal to prison in such circumstances does not usually involve an obligation to perform work, but that efforts would, however, be made to submit section 81(1)(b) and (c) of the Labour Decree, 1974 to the National Advisory Council for necessary amendments.

The Committee notes the Government's statement in its report that the sections in question have been submitted to the National Advisory Council for necessary review and amendments. The Committee hopes that the Government will soon be in a position to report on measures adopted to ensure that no sanctions which may involve an obligation to perform work are provided for breaches of labour discipline or for taking part in a strike.

3. In previous comments, the Committee referred to section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons. The Committee hopes that in this regard too, the necessary measures will be taken to ensure the observance of the Convention, and that the Government will soon be able to indicate the amendments adopted.

Article 1(d). 4. The Committee previously noted that under section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, participation in strikes may be punished with imprisonment involving an obligation to work in the following cases: (a) where the mediation and reporting procedure imposed by sections 3 and 4 of the Decree for all industrial disputes has not been complied with; (b) where arbitration procedures under sections 7 to 9 of the Decree, which shall be initiated by the Federal Commissioner whenever conciliation attempts have failed, have led to an award by the arbitration tribunal and that award has become binding; (c) when the Federal Commissioner has referred the dispute to the National Industrial Court; (d) when the National Industrial Court has issued an award on the reference.

The Committee noted the Government's statement that section 13 merely imposes on an employer or worker an obligation to observe and exhaust prescribed procedures before engaging in a strike or lock-out. In this connection, the Committee referred to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it explained that the imposition of a temporary restriction on the right to strike until all facilities for negotiation and conciliation have been exhausted and while voluntary arbitration procedures are in progress, are to be distinguished from compulsory arbitration systems which result in binding awards allowing practically all strikes to be prohibited or rapidly stopped. When such systems provide for sanctions involving compulsory labour, they should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is, to essential services in the strict sense of the term (i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee further noted that the list of essential services included in Schedule 1 to Decree No. 7 of 1976 and in section 8 of the Trade Disputes (Essential Services) Decree No. 23 of 1976 is wider and covers for example the Central Bank and banking business. Noting the Government's indication in its report that the provisions of section 13(1) and (2) of the Trade Disputes Decree No. 7 of 1976 have been submitted to the National Labour Advisory Council for necessary review and amendment, the Committee expresses the hope that necessary action will soon be taken to ensure the observance of the Convention in this regard and that the Government will indicate the measures taken or contemplated to amend the legislative provisions referred to.

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The Committee notes that no report has been received from the Government. 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 following matters:

With reference to its observation under the Convention, the Committee requests again that the Government provide a copy of the Public Order (Amendment) Decree 1985 and the Public Order Act (No. 5 of 1979) and of any other recent enactments relating to public order. The Committee also requests the Government to indicate whether the Public Order Act No. 33 of 1966 has been repealed and if so, to provide a copy of the legislative provision adopted to this effect. The Committee further requests the Government to provide a copy of the most recent legislation applicable to the publication and circulation of newspapers.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

In comments made for a certain number of years, the Committee has referred to various statutory instruments calling for action and information on the measures taken to ensure the observance of Article 1(a), (c) and (d) of the Convention. The Committee notes with regret that in its latest report the Government merely indicates that the comments have been noted, that the situation on the application of the Convention has not changed and that consideration will be given to the matter in due course. The Government also states that forced or compulsory labour does not exist in Nigeria. The Committee therefore must repeat its observation on the following matters.

Article 1(a) of the Convention. 1. In its previous comments the Committee observed that by virtue of the Constitution (Suspension and Modification) Decree 1984 and the Constitution (Suspension and Modification) (Amendment) Decree 1985 certain provisions of the 1979 Constitution, including provisions on fundamental rights relating to detention and the right of peaceful assembly and association were suspended or modified. The Committee noted in particular that political parties are prohibited and that under the State Security (Detention of Persons) Decree No. 2 of 1984 (as amended) persons may be detained for successive periods of three months, subject to a review every three months, and that the guarantees of the Constitution in this matter are suspended. The Committee requested the Government to provide information on any sanctions provided for in case of non-compliance with the provisions suspending fundamental rights and on the conditions of detention of persons detained under the above-mentioned Decree.

The Committee has noted the information provided by the Government in reply in 1987 that all decrees were promulgated under military regimes which could be regarded as periods of emergencies and that democratic rule would be restored in 1992 when it was hoped that all the decrees would be reviewed and the ban on political activities and freedom of association and assembly be lifted. The Committee has also noted that a timetable for the political transition has been adopted and a constitutional review committee been established.

Referring to paragraphs 66 and 134 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that under the Convention the nature and duration of measures taken under an emergency, such as the suppression of fundamental rights and freedoms enforced by sanctions involving compulsory labour should be limited to what is strictly required in order to cope with circumstances endangering the life, personal safety or health of the whole or part of the population. The Committee expresses the hope that in the preparation of the new Constitution and of other enactments due regard will be given to the provisions of the Convention so that no penalties involving an obligation to work be imposed as a means of political coercion or education or as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, in particular with regard to expression of views through the press, political activities, freedom of association and of assembly.

Pending the restoration of democratic rule referred to by the Government the Committee again requests the Government to provide full information on any sanctions provided for in case of non-compliance with the provisions suspending or modifying fundamental rights and on any provisions adopted under the Constitution (as amended) and falling within the scope of the Convention - in particular with regard to the expression of views, political activities, freedom of association and assembly and on any measures taken or contemplated to ensure the observance of the Convention in this respect. It again requests the Government to provide copies of any Act or regulation concerning the conditions of detention of persons detained under Decree No. 2 of 1984.

Article 1(c) and (d). 2. In previous comments, the Committee noted that under section 81(1)(b) and (c) of the Labour Decree, 1974, a court may direct 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 had noted the Government's indication that committal to prison in such circumstances does not usually involve an obligation to perform work. The Committee notes the Government's statement communicated in June 1987 that the situation has not yet changed but that however efforts would be made to submit section 81(1)(b) and (c) of the Labour Decree, 1974 to the National Advisory Council for necessary amendments. The Committee hopes that the necessary measures will soon be adopted with regard to section 81(1)(b) and (c) of the Labour Decree, 1974, to ensure that no sanctions which may involve an obligation to perform work are provided for breaches of labour discipline or for taking part in a strike and that the Government will indicate the action taken to this end.

3. In previous comments, the Committee referred to section 117(b), (c) and (e) of the Merchant Shipping Act, under which seamen are liable to imprisonment involving an obligation to work for breaches of labour discipline even in the absence of a danger to the safety of the ship or of persons. The Committee hopes that in this regard too, the necessary measures will be taken to ensure the observance of the Convention, and that the Government will soon be able to indicate the amendments adopted.

Article 1(d). 4. The Committee previously noted that under section 13(1) and (2) of the Trade Disputes Decree, No. 7 of 1976, participation in strikes may be punished with imprisonment involving an obligation to work in the following cases: (a) where the mediation and reporting procedure imposed by sections 3 and 4 of the Decree for all industrial disputes has not been complied with; (b) where arbitration procedures under sections 7 to 9 of the Decree, which shall be initiated by the Federal Commissioner whenever conciliation attempts have failed, have led to an award by the arbitration tribunal and that award has become binding; (c) when the Federal Commissioner has referred the dispute to the National Industrial Court; (d) when the National Industrial Court has issued an award on the reference.

The Committee noted the Government's statement that section 13 merely imposes on an employer or worker an obligation to observe and exhaust prescribed procedures before engaging in a strike or lock-out. In this connection, the Committee referred to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it explained that the imposition of a temporary restriction on the right to strike until all facilities for negotiation and conciliation have been exhausted and while voluntary arbitration procedures are in progress, are to be distinguished from compulsory arbitration systems which result in binding awards allowing practically all strikes to be prohibited or rapidly stopped. When such systems provide for sanctions involving compulsory labour, they should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is, to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee further noted that the list of essential services included in Schedule 1 to Decree No. 7 of 1976 and in section 8 of the Trade Disputes (Essential Services) Decree No. 23 of 1976 is wider and covers for example the Central Bank and banking business. The Committee once again expresses the hope that the necessary action will soon be taken to ensure the observance of the Convention in this regard and that the Government will indicate the measures taken or contemplated to amend the legislative provisions referred to.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.