Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nigeria (Ratification: 1960)

Article 1(c) of the Convention. Punishment for breaches of labour discipline.Merchant Shipping Act. For a number of years, the Committee has been requesting the Government to amend section 196(2) of the Merchant Shipping Act of 2007, which provides for penalties of imprisonment, involving compulsory prison labour, for various breaches of labour discipline (including wilfully disobeying any lawful command (section 196(2)(b)) or continuing to wilfully disobey such commands or neglecting duties (section 196(b)(c)). The Committee notes the Government’s information that the Merchant Shipping Act of 2007 and its regulations are still under review and amendments will be adopted in due course. The Committee expresses the firm hope that the necessary measures will be taken to amend section 196(2) of the Merchant Shipping Act of 2007 so as to ensure that no penalties involving compulsory labour may be imposed for breaches of labour discipline that do not endanger the ship or the life or health of persons.

Article 1(d). Penalties involving compulsory labour for participation in strikes. In its previous comments, the Committee noted the Government’s information that section 62 of the draft Collective Labour Relations Bill prohibits the imposition of penalties of imprisonment for peaceful participation in a strike, in conformity with the Convention.

The Committee notes the Government’s indication that the Collective Labour Relations Bill is still being revised. The Committee recalls in this regard that both the Trade Disputes Act, Cap. 432, of 1990 (section 17(2)(a)) and the Trade Unions Act as amended by the Trade Unions Amendment Act, 2005 (section 30) provide for the possibility of imposing penalties of imprisonment for the participation in strikes and that it has been requesting the Government to bring these provisions into conformity with Article 1(d) of the Convention for a number of years. The Committee therefore requests the Government to take the necessary measures to ensure that the Collective Labour Relations Bill will be adopted shortly and that as part of the ongoing legislative process the above-mentioned provisions of the Trade Disputes Act and the Trade Unions Act will be amended. In the meantime, the Committee requests the Government to ensure that, in accordance with Article 1(d) of the Convention, no penalties involving compulsory labour are imposed for the peaceful participation in a strike. The Committee also refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee is raising other matters in a request addressed directly to the Government.