Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Dock Work Convention, 1973 (No. 137) - Nigeria (Ratification: 2004)

The Committee notes 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 2009 direct request, which read as follows:

Repetition

The Committee notes the Government’s first report on the application of the Convention received in October 2008.

1. Article 1(2) of the Convention. Definition of “dockworkers” and “dock work”. The Committee notes that section 27, paragraph 3 of the Nigerian Maritime Administration and Safety Agency (NIMASA) Act states that “a person who is not a registered dockworker” and “engages in the performance of dock work in any port” was committing an offence. Furthermore, section 64 of the NIMASA Act defines “employers of dock labour” and “employers of maritime labour” and encompasses dockworkers under the term “maritime labour”. According to section 51, paragraph 1, subparagraph (c), of the NIMASA Act, NIMASA prescribes dockworkers’ conditions of service. The Committee further notes that the Government planned to convene a tripartite meeting in which “dockworkers” and “dock work” would be redefined in light of new methods of cargo handling and their effect on the various dock work occupations. The Committee requests the Government to provide information on the outcome of the tripartite meeting and how the terms “dockworkers” and “dock work” are defined by national law or practice.

2. Articles 2 and 4(2). Encouragement to provide permanent or regular employment, minimum periods of employment and minimisation of detrimental effects. The Committee notes that NIMASA encourages the private port operators to employ dockworkers on a permanent basis. It further notes that NIMASA maintained a reserve list and a system of rotation for all dockworkers in its pool. The Committee requests the Government to provide information on how NIMASA’s reserve list and its system of rotation practically assure minimum periods of employment or a minimum income, in a manner and to an extent that depends on the economic and social situation of Nigeria. It further invites the Government to describe the procedures laid down and how they practically prevent or minimize detrimental effects on dockworkers when a reduction in the strength of a register becomes necessary.

3. Article 6. Safety, health, welfare and training provisions. The Committee notes section 27, paragraph 1, subparagraphs (b)–(d), of the NIMASA Act, according to which NIMASA provides training, conducts examinations and regulates the conditions of service of dockworkers and ensures that employers of dockworkers comply with existing regulations and standards in relation to crewing, wages, safety, welfare and training and that disputes relating to the employment of dockworkers are investigated. It further notes the Government’s report that dockworkers may work three shifts maximum per day. The Committee wishes to draw the Government’s attention to Paragraphs 32 and 33 of the Dock Work Recommendation, 1973 (No. 145), which require having specific protection mechanisms in place for dockworkers working in shifts. These include not placing the same worker on consecutive shifts (Paragraph 33(a) of Recommendation No. 145). The Committee invites the Government to provide particulars of the safety, health, welfare and vocational training provisions applying to dockworkers – especially on measures taken or envisaged ensuring that the same worker is not placed on consecutive shifts. It further invites the Government to provide in its next report an extract from the annual NIMASA report or any other reports from the Federal Ministry of Labour or the Federal Ministry of Transport related to the practical application of the Convention (Part V of the report form).