Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

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.