Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Nigéria (Ratification: 1960)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Public Order Act. In its earlier comments, the Committee referred to the Public Order Act, Cap. 382, Laws of the Federation of Nigeria (LFN) 1990, which contains provisions imposing certain restrictions on the organization of public assemblies, meetings and processions (sections 1–4), with such offences being punishable with imprisonment (sections 3 and 4(5)), which involves compulsory prison labour. The Committee noted the Government’s indication that the Public Order Act, Cap. 382, 1990 should now be cited as the Public Order Act, Cap. P42, LFN 2004. It also noted a ruling of the Appeal Court delivered in 2007 which declared the provisions of the Public Order Act illegal and unconstitutional (Suit No. CA/A/193/M/05). The Committee requested the Government to provide a copy of the Public Order Act. Cap. P42, LFN 2004 and the relevant court decisions.

The Committee notes the copy of the Public Order Act, Cap. P42, LFN 2004 and the court decision of Suit No. CA/A/193/M/95 attached to the Government’s report. The court decision states that sections 1(2)–(6), 2, 3, and 4 of the Public Order Act are inconsistent with the fundamental rights provisions of the 1999 Constitution and thus void.

2. Legislation relating to the press and media. In its earlier comments, the Committee referred to the Nigerian Press Council (Amendment) Act, 2002, which imposes certain restrictions on journalists’ activities enforceable with penalties of imprisonment (section 19(1) and (5)(a)), which involves compulsory prison labour. The Government indicated that the Nigerian Press Council (Amendment) Act, 2002 was no longer in force, as the Federal High Court in Suit No. FHC/CS/1324/99 on 25 February 2010 stated that some sections of the Nigeria Press Council Decree No. 85 of 1992 as amended by the Nigeria Press Council (Amendment) Decree No. 60 of 1999 constituted a gross violation of the rights guaranteed under Chapter IV of the 1999 Constitution. The related sections were thus declared null and void. The Committee took due note of this information and requested the Government to indicate whether any new legislation relating to the press and media had been recently adopted.

The Committee notes the Government’s information that the federal Government appealed to the Court of Appeal against the judgment handed down by the Federal High Court in Suit No. FHC/CS/1324/99. On 4 December 2015, the Court of Appeal delivered a judgment in favour of the Government, holding that the Law that sought to be amended is not in gross violation of Chapter VI of the 1999 Constitution. The case is currently pending before the Supreme Court. The Government also indicates that no new legislation has been enacted in this regard. However, a new Bill entitled “Nigerian Press Council Act 1992 (Repeal and Re-enactment Bill 2018)” has been proposed, which went through a public hearing on 23 July 2018. The Committee therefore requests the Government to continue providing information on any court decision handed down in this regard, and on any progress made regarding the adoption of the Nigerian Press Council Act 1992 (Repeal and Re-enactment Bill 2018).

Article 1(c). Punishment for breaches of labour discipline. 1. Labour Act. The Committee previously noted that, pursuant to section 81(1)(b) and (c) of the Labour Act, 1974, a court may direct the fulfilment of a contract of employment and posting of security for the due performance of so much of the contract as remains unperformed, and a person failing to comply with such direction may be committed to prison. The Government indicated that it had undertaken the revision of the Labour Act, 1974, now cited as the Labour Act, Cap L1, LFN 2004, and it was awaiting passage by the National Assembly.

The Committee notes the Government’s information that the Labour Act, Cap. L1, LFN 2004 was enacted and expunges provisions for penalties of imprisonment involving compulsory labour for breaches of labour discipline. However, the Committee observes that section 82(1)(b) and (c) of the Labour Act, Cap. L1, LFN 2004 seems to retain the provisions of section 81(1)(b) and (c) of the Labour Act, 1974, providing that the person who fails to find a security for the due performance of the contract as remains unperformed may be committed to prison by the court. The Committee therefore requests the Government to clarify whether the person confined in prison under section 82(1) (b) and (c) of the Labour Act, Cap L1, LFN 2004 is obliged to perform labour as a convicted offender, and to provide information on the application in practice of the above-mentioned section, including the number of persons committed to prison in this regard.

2. Merchant Shipping Act. In its previous comments, the Committee noted that section 196(2) of the Merchant Shipping Act of 2007 provides for penalties of imprisonment for various breaches of labour discipline (in the absence of a danger to the safety of the ship or of persons), including wilfully disobeying any lawful command (section 196(2)(b)) or continuing to wilfully disobey such commands or neglecting duties (section 196(b)(c)). The Government indicated that it would address any anomalies in the seafarers’ terms and conditions of work following the ratification of the Maritime Labour Convention, 2006 (MLC, 2006).

The Committee notes the Government’s information that the Merchant Shipping Act of 2007 is currently under review. Moreover, the Government has developed the Maritime Labour Regulations on Seafarers of 2014 in collaboration with the ILO, in order to bring relevant laws and regulations in the maritime sector in line with the provisions of the MLC, 2006. The Committee requests the Government to provide information on any progress made regarding the adoption of the Maritime Labour Regulations on Seafarers of 2014 and to provide a copy once adopted.

Article 1(d). Punishment involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that the Trade Unions (Amendment) Act of 2005, amending the Trade Unions Act of 1990, included additional penalties of imprisonment for participation in strikes. The Government stated that the Collective Labour Relations Bill should be addressing this issue and that all efforts were being deployed to ensure the final adoption of the Act.

The Committee notes the Government’s information that section 62 of the draft Collective Labour Relations Bill of 2018 prohibits the imposition of penalties of imprisonment for peaceful participation in a strike in conformity with the Convention. The Government also indicates that there is always a “no victimisation” (or no anti-union discrimination) clause in collective agreements concluded between employers and workers. The Committee once again expresses the firm hope that the Collective Labour Relations Bill will be enacted in the near future, and requests the Government to provide a copy once adopted. Pending its adoption, the Committee requests the Government to provide information on the measures taken to ensure that no penalties of imprisonment are imposed for the peaceful participation in a strike.