Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.