ILO Faults Nigeria's Labour Laws, Seeks Review
NLC writes Wabara, Masari on new bill
By Chris Nwachuku in Lagos and Juliana Taiwo in Abuja
The International Labour Organisation (ILO) has faulted certain sections of Nigeria labour law and requested the Federal Govern-ment to forward to it additional information on the laws.
But the Nigeria Labour Congress (NLC) yesterday took its campaign for support against the Labour Bill to the National Assembly when it wrote a passionate letter to the legislature leadership on the undesirability of the provisions contained in the bill.
The 92nd session of the ILO which met in Geneva recently flayed the Public Order Decree which seeks to restrict public assemblies, meetings and processions in public places. The trade disputes act under which strikes may be punished with imprisonment, Nigeria Press Council (amendment) Decree No 60 of 1999 that imposed restrictions on journalists activities among others also received knocks from the United Nations specialised agency on labour.
ILO reminded government of its earlier promises that the affected laws 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 had reiterated in its latest report to ILO that the National Labour Advisory Council Subcommittee on the Review of Labour Laws was still compiling the proposed areas of amendments.
However, ILO expressed 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"
The annual conference of the body supervises the application of conventions and recommendations at the national level. It also examines the reports which the governments of all member States are required to submit, detailing their compliance with obligations arising out of ratified conventions, and their law and practice in respect of Conventions and Recommendations (ratified or not) on which reports have been requested by the Governing Body of the ILO.
The ILO position followed the face off between the NLC and the Federal Government over the latter's decision to ignore on-going efforts by the Labour Advisory Committee with technical assisistance from ILO to update labour laws. The government came up with a bill now being opposed by organised labour and other interest groups.
In a report prepared by ILO committee of Experts on the Application of Conventions and Recommendations, the organisation referred to the earlier response by the Nigerian government to the public order decree as unsatisfactory. The decree demands previous authorisation before rallies are held, failure of which will attract offences punishable with imprisonment.
The ILO in its report stated that: "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."
ILO also 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, however, appreciated government's 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 and the amendment made under the Nigerian Press Council (Amendment) Act, 2002.
ILO said "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"
On the Promotion and Protection of Human Rights in Nigeria, 2002. ILO appeals to government to supply it with report of Human Rights Violations Investigation Panel otherwise known as Oputa Panel, established in 1999 and the white paper as soon as it is issued.
Other areas in which ILO showed concern are
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 directive 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.
Meanwhile, the NLC in the 11-page letters signed by its President, Comrade Adams Oshiomhole, to Senate President Adolphus Wabara and Speaker Aminu Bello Masari, stated that the Labour Bill contains other provisions that seek to infringe on critical rights of workers and unions.
The NLC President said the real threats the bill poses to democracy and the national interest has necessitated labour to seek the co-operation of the National Assembly to stop its passage.
Oshiomhole stated in the letter titled: 'Position of the Nigeria Labour Congress on the Bill for an Act to Amend the Trade Unions Act', that notwithstanding comments credited to Wabara calling for NLC's sacrifice in order to obtain debt relief, the Congress believes he was misquoted given the incongruity between the bill and the quest for debt relief.
He said Nigerian workers were counting on the appreciation of the public good and respect for the Nigerian Constitution, which both leadership in the National Assembly have enunciated as hallmark of their leadership.
The NLC under 13 different sub-titles adduced reasons why the bill is unconstitutional and against the ILO requirements as it concerns workers' interests. The Congress said the bill was clearly aimed at terminating the existence of the NLC as evident in the provision mandating the Registrar of Trade Unions to 'remove from the register the Nigeria Labour Congress."
"To this extent, the Bill is patently unconstitutional as it seeks to interfere with the right of workers to associate and organise themselves as unions at all the levels required to pursue their interests both as workers and as citizens.
"The Constitution of the Federal Republic of Nigeria is very unambiguous in guaranteeing that "every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests," the NLC stated.
On the power given to the Minister of Labour and Productivity to determine which centre a union may affiliate to, the NLC said even under the military era such absolute discretion never existed as the military appreciated that the existence of any federation of unions is the exclusive prerogative of workers and their unions.
The NLC described the proposed ban on strike as a retreat to the era of authoritarianism and an unfair advantage for employers of labour at the expense of workers. It said it was instructive to note that while the right to strike is being legislated against, the Bill does not tamper with the prerogative to lock out workers, which employers of labour have always exercised during disputes or in pursuit of grievances.
"To this extent, the Bill is clearly class biased and decidedly calculated to strengthen employers at the expense of workers," the NLC said.
On the issue of NLC's monopoly, the Congress said it was an attempt to turn the movement into a motley aggregate of weak organisations under the guise of removing a monopoly.
"This is patently discriminatory, smacks of class-bias and aims at weakening the capacity of workers to defend their rights and interests in the world of work and in relation to policy and governance," it said.
The NLC said the removal of automatic check-off dues was equally discriminatory. "By the Legal Practitioners Act (Cap 207 of the Laws of the Federation), lawyers are obliged to pay their practicing fees/membership dues to the Nigeria Bar Association (NBA) while the Medical and Dental Practitioners Act (Cap 221) also provides for compulsory periodic registration fees. If other professionals are required by law to pay subscriptions for the sustenance of their organisations, the National Assembly should not allow workers' organisations to be subjected to bottlenecks that will cripple their main source of viability," the union said.
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