Govt woos global community over Labour bill
- Police arrest Labour leaders
From John-Abba Ogbodo, Alifa Daniel and
Pascal Nwigwe, Abuja
MOVES to decentralise the Nigeria Labour Congress (NLC) may have shifted to the global arena as the Federal Government has written to the international community, pleading understanding and support over the proposed Labour Bill.
In another vein, two NLC leaders, a parliamentary Liaison Officer, Benson Upah and another staffer, Mr. Moses Umaru, were yesterday arrested by officials of the State Security Services (SSS) at the premises of the National Assembly.
The letter entitled: "Appeal for the government to work with the International Labour Organisation (ILO) on new legislation in Nigeria," dated July 19, 2004, was addressed to ILO through the General Secretary, the African Regional Organisation of the International Confederation of Free Trade Unions, Mr. Andrew Kaileint. In it, President Olusegun Obasanjo explained that the NLC was set up in 1978 by a military decree making it the sole central labour organisation in Nigeria.
Obasanjo further explained that while 43 trade unions were deemed to be affiliated with the NLC upon establishment, a total of 36 senior staff associations were excluded, stressing that the arrangement was meant to remove Labour in Nigeria from the cold war politics between the East and the West.
"You may wish to note that NLC was established in 1978 by a military decree which made it the only central labour organisation in Nigeria. Upon the establishment of the NLC, 43 trade unions were deemed to be affiliated with it under the decree while a total of 36 senior staff associations were specifically prohibited by the decree from affiliating with the NLC. This arrangement was deliberately made by then military government principally to insulate the country's Labour from the politics of the East and West divide during the cold war," he said.
The President pointed out that since May 1999, Nigeria became a democratic nation governed under a constitution.
He added that like democracies all over the world, the Nigerian constitution guarantees fundamental rights to citizens, including the right to association.
He argued that a situation where the NLC still remains the only central labour organisation registered in the country whereas some other associations are excluded negates democratic tenets and therefore unsustainable.
"As you are aware, since May 29, 1999, Nigeria has become a democratic nation governed under a constitution by a democratically-elected civilian government. Like in all democracies world-wide, the Nigerian constitution guarantees certain fundamental rights to all citizens. Such rights include, among others, the right to peaceful assembly and association. By this right, every person is entitled to assemble freely and associate with other persons and in particular, may form or belong to any political party, trade union or any other association for the protection of his interests," he noted.
The President continued: "Against this background, you will agree with me that a situation whereby the NLC remains the only registered central labour organisation in Nigeria with some associations specifically prohibited by law from affiliating with it, is to say the least, undemocratic. Indeed, it is a serious violation of the Nigerian constitution and international conventions.
"While such arrangement was possible under a military dispensation in 1978, it is clearly unsustainable under the present democratic dispensation. The subsisting arrangement deprives workers of their fundamental right to freedom of choice as well as the right to organise freely, form and join trade unions, federations and confederations of their own choosing."
The President further posited that the provisions of Convention No 87 allow each member of ILO to ensure that workers and employers without discrimination, have the right to set up and form with regard to the rules of the ILO, an organisation of their own choosing.
"Moreso, it is instructive to note that under the existing Trade Union Law, only trade unions whose members are employed in the same trade, occupation or industry or in substantially similar trades, occupations or industries are allowed to form a federation of trade unions. This is clearly inconsistent with the provisions of Convention No. 87 concerning freedom of association and protection of the right to organise. You are aware that under this convention, to which Nigeria is a signatory, each member of the International Labour Organisation (ILO) is under obligation to ensure that workers and employers, without distinction whatsoever, shall have the right to establish and subject only to rules of the organisation concerned, to join organisations of their own choosing without previous authorisation," he added.
Meanwhile, the two Labour leaders were arrested while distributing a handbill titled: "Message to Nigerians", which appealed to the federal lawmakers to reject the Labour Bill.
Also yesterday, the NLC Assistant Secretary General, Mr. Owei Lakemfa, in a statement described the arrest of its officials by the SSS in the lobby of the National Assembly as an attempt "to intimidate lawmakers, the NLC and Nigerians in general over this ill-conceived and anti-people bill."
The statement reads: "The State Security Services (SSS) today (yesterday) arrested two officials of the NLC inside the premises of the National Assembly in Abuja. They were arrested for distributing copies of the "NLC's response to the bill to the lawmakers."
"The NLC officials were arrested at about 1:30 p.m. and detained on the ground floor of the National Assembly before being taken to the SSS Headquarters in Abuja. The team that detained the NLC officials was led by the SSS officer-in-charge of the National Assembly," the statement added.
It added that "the arrest of the NLC officials is a deliberate attempt by the President Olusegun Obasanjo administration to intimidate the National Assembly, the NLC and Nigerians in general over his ill-conceived and anti-people bill."
Moreover, the NLC has faulted the Labour Bill, saying that such provision that trade unionism should be 'voluntary' is an after thought. It also picked holes in other provisions of the bill.