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Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Nigeria (RATIFICATION: 1960)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been asking the Government to clarify whether the administrative instruction No. 57/1946 concerning a fair wages clause, which was last mentioned in the Government’s report submitted in 1970 and which gave effect to the requirements of the Convention, remained in force or whether it had been amended or replaced by new texts. In its previous comment, the Committee also noted the adoption of the Public Procurement Act, 2007, which nevertheless does not contain any reference to the working conditions of workers engaged in the execution of public contracts nor does it provide for labour clauses of the type prescribed by the Convention. Furthermore, the Committee understands that the Government is currently considering a proposed amendment to the Public Procurement Act with a view to enhancing transparency and facilitating timely projects execution.

The Committee wishes to draw the Government’s attention once again to the basic purpose of the Convention which is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract the best standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. Recalling that the inclusion of appropriate labour clauses in all the public contracts covered by the Convention does not necessarily require the enactment of new legislation but can be also realized by administrative instructions or circulars, the Committee hopes that the Government will take all necessary measures without further delay in order to bring the national legislation into conformity with the provisions of the Convention.