Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Nigeria (Ratification: 1960)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

For many years, the Committee has been drawing the Government’s attention to section 2(2)(b) of Workmen’s Compensation Decree No. 17 of 12 June 1987 (Cap. 470). By virtue of this provision, any workman employed in the public service of the federation, who has first been engaged in a place outside Nigeria and who is not a Nigerian citizen, is excluded from the scope of the Decree. In this regard, Article 1 of the Convention provides for equality of treatment in respect of accident compensation for nationals of any other Member which has ratified the Convention, or their dependants, without any condition as to residence. Furthermore, the Convention does not authorize derogations for employees in the public sector.

The Committee hopes that the ongoing reform will be an opportunity for the Government to clarify the situation concerning workers employed in the public service who have first been engaged in a place outside Nigeria and who are not Nigerian nationals, in respect of compensation for any occupational accidents that they may fall victim to. The Committee trusts that, in its next report, the Government will be able to inform it of the progress made in this matter with a view to bringing national legislation into line with the Convention and that it will communicate copies of any new normative texts governing the situation of this category of public service worker. The Committee also asks the Government, once again, to indicate how many workers of this type there are and which occupational accident compensation scheme is applicable to them.