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Repetition Application of the Convention in practice. The Committee notes the statistical information provided by the Government that since 2011 there have not been industrial accidents involving foreign employees registered under the Employees Compensation Act (ECA) of 2010. The Committee asks the Government to provide information on the reasons explaining such a low level of occurrence of industrial accidents, indicating whether measures have been taken with a view to raise awareness among foreign workers of their rights under the ECA and to facilitate their access to the relevant authorities to claim their rights under the Act.
Repetition For many years, the Committee has been drawing the Government’s attention to section 2(2)(b) of Workmen’s Compensation Decree No. 17 of 12 June 1987 (Cap. 470). By virtue of this provision, any workman employed in the public service of the federation, who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen, is excluded from the scope of the Decree. In this regard, Article 1 of the Convention provides for equality of treatment in respect of accident compensation for nationals of any other Member which has ratified the Convention, or their dependants, without any condition as to residence. Furthermore, the Convention does not authorize derogations for employees in the public sector.The Committee hopes that the ongoing reform will be an opportunity for the Government to clarify the situation concerning workers employed in the public service who have first been engaged in a place outside Nigeria and who are not Nigerian nationals, in respect of compensation for any occupational accidents that they may fall victim to. The Committee trusts that, in its next report, the Government will be able to inform it of the progress made in this matter with a view to bringing national legislation into line with the Convention and that it will communicate copies of any new normative texts governing the situation of this category of public service worker. The Committee also asks the Government, once again, to indicate how many workers of this type there are and which occupational accident compensation scheme is applicable to them.
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 matters raised in its previous direct request, which read as follows:
For many years, the Committee has been drawing the Government’s attention to section 2(2)(b) of Workmen’s Compensation Decree No. 17 of 12 June 1987 (Cap. 470). By virtue of this provision, any workman employed in the public service of the federation, who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen, is excluded from the scope of the Decree. In this regard, Article 1 of the Convention provides for equality of treatment in respect of accident compensation for nationals of any other Member which has ratified the Convention, or their dependants, without any condition as to residence. Furthermore, the Convention does not authorize derogations for employees in the public sector.
The Committee hopes that the ongoing reform will be an opportunity for the Government to clarify the situation concerning workers employed in the public service who have first been engaged in a place outside Nigeria and who are not Nigerian nationals, in respect of compensation for any occupational accidents that they may fall victim to. The Committee trusts that, in its next report, the Government will be able to inform it of the progress made in this matter with a view to bringing national legislation into line with the Convention and that it will communicate copies of any new normative texts governing the situation of this category of public service worker. The Committee also asks the Government, once again, to indicate how many workers of this type there are and which occupational accident compensation scheme is applicable to them.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
In its last report, the Government merely indicates that a draft law concerning non-Nigerian workers is currently being examined by the national assembly and that the situation of these workers does not cause any problems in respect of compensation for occupational accidents.
The Committee takes due note of this information. It hopes that the ongoing reform will be an opportunity for the Government to clarify the situation concerning workers employed in the public service who have first been engaged in a place outside Nigeria and who are not Nigerian nationals, in respect of compensation for any occupational accidents that they may fall victim to. The Committee trusts that, in its next report, the Government will be able to inform it of the progress made in this matter with a view to bringing national legislation into line with the Convention and that it will communicate copies of any new normative texts governing the situation of this category of public service worker. The Committee also asks the Government, once again, to indicate how many workers of this type there are and which occupational accident compensation scheme is applicable to them.
[The Government is asked to reply in detail to the present comments in 2008.]
For many years, the Committee has been drawing the Government’s attention to section 2(2)(b) of the Workman’s Compensation Decree No. 17 of 12 June 1987 (Cap. 470). By virtue of this provision, any workman employed in the public service of the Federation, who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen, is excluded from the scope of the above Decree. In this regard, Article 1 of the Convention provides for equality of treatment in respect of accident compensation for the nationals of any other Member which has ratified the Convention, or their dependants, without any condition as to residence. Furthermore, the Convention does not authorize derogations for employees in the public sector.
In its last report, the Government states that the provisions of section 2(2)(b) of the above Decree will be one of the areas to be considered for amendment on the occasion of the forthcoming review of the labour legislation. However, it adds that in practice this provision is not applied to non-Nigerians. While noting this latter information, the Committee considers that it is necessary to clarify the situation of workers employed in the public service of the Federation who have first been engaged outside Nigeria and who are not nationals of Nigeria with regard to compensation for any employment accidents that they may suffer. It trusts that, on the occasion of the review of the labour legislation, the Government will not fail to take the necessary measures in this respect. The Committee also requests the Government to indicate the number of workers concerned and the employment accident compensation scheme which is applicable to them.
The Committee notes with regret that the Government’s report does not contain the information requested in its previous comments. It therefore again wishes to point out that section 2(2)(b) of the Workman’s Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen. In this connection, the Committee recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other State Member which has ratified the Convention, and to their dependants; this Article does not permit exceptions in regard to public sector employees. The Committee therefore trusts that the Government will not fail to take all necessary measures to give full effect to the Convention on this point. In addition, the Committee notes that the Government does not possess statistical information on the number of foreign workers employed in Nigeria. In this regard, the Committee would suggest to the Government the possibility of recourse to ILO technical assistance. It hopes that the Government will soon be able to supply the statistical information, in particular on the number of foreign workers employed in the public service and excluded from the scope of Decree No. 17 of 1987 cited above.
The Committee notes with regret that the Government’s report does not contain the information requested in its previous comments. It therefore again wishes to point out that section 2(2)(b) of the Workman’s Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen. In this connection, the Committee recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other State Member which has ratified the Convention, and to their dependants; this Article does not permit exceptions in regard to public sector employees. The Committee therefore trusts that the Government will not fail to take all necessary measures to give full effect to the Convention on this point.
In addition, the Committee notes that the Government does not possess statistical information on the number of foreign workers employed in Nigeria. In this regard, the Committee would suggest to the Government the possibility of recourse to ILO technical assistance. It hopes that the Government will soon be able to supply the statistical information, in particular on the number of foreign workers employed in the public service and excluded from the scope of Decree No. 17 of 1987 cited above.
The Committee notes with regret that the Government's report does not contain the information requested in its previous comments. It therefore again wishes to point out that section 2(2)(b) of the Workman's Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen. In this connection, the Committee recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other State Member which has ratified the Convention, and to their dependants; this Article does not permit exceptions in regard to public sector employees. The Committee therefore trusts that the Government will not fail to take all necessary measures to give full effect to the Convention on this point.
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 matters raised in its previous direct request, which read as follows:
Further to its previous comments, the Committee notes that the Government's report does not contain the information requested. The Committee again points out that section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and who is not a Nigerian citizen. It recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other Member which has ratified the Convention, and to their dependants, and does not permit exceptions in public sector employment. It expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention in this respect. In the meantime, the Committee again requests the Government to supply information concerning the number of foreign workers engaged under these conditions, and to specify under which industrial accidents compensation scheme these workers are covered. The Committee regrets that this information has not been supplied by the Government despite requests made by the Committee in that respect.
The Committee would also appreciate receiving a copy of Cap. 470 of the Laws of the Federation of Nigeria, 1990, mentioned in the Government's report.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
[The Government is asked to report in detail in 1997.]
The Committee notes that the report of the Government does not contain information requested in its previous direct request. It therefore once again asks the Government to specify the scope, in practice, of section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 which excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and is not a Nigerian citizen; please also indicate the number of workers engaged under these conditions. It also again requests the Government to indicate under which industrial accidents compensation scheme these workers are covered.
The Committee notes the information supplied by the Government in its report. It also notes with interest the adoption of the Workmen's Compensation Decree No. 17 of 12 June 1987.
The Committee notes that section 2(2)(b) of the above Decree excludes from its scope any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and is not a Nigerian citizen. It requests the Government to specify the scope, in practice, of the above provision of the Decree and to indicate the number of workers engaged under these conditions. It also requests the Government to indicate the industrial accidents compensation scheme under which these workers are covered.