Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nigeria (Ratification: 1994)

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

Article 1 of the Convention. Consultations with representative organizations. In its previous comments, the Committee expressed the firm hope that the pending legislative reforms, particularly the National Labour Institutions Bill still pending before the National Assembly, would be finalized without further delay. It reiterated its request that the Government report on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. In this context, since 2004, the Committee has also consistently reminded the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee also requested the Government to indicate the outcome of the meetings held with the stakeholders in April 2018 in relation to the reforms, and to provide a copy of the relevant legislation once adopted. The Committee notes the Government’s reference in its report to the inauguration of the National Labour Advisory Council (NLAC) for 2021–25. According to information available on the Federal Ministry of Information and Culture website, during the inauguration, the Government indicated that, from 2nd to 4th March 2020, the Ministry of Labour had collaborated with the Nigeria Labour Congress (NLC), the Trade Union Congress (TUC) and the Nigeria Employers’ Consultative Association (NECA) in reviewing the Draft National Labour Bills, which were withdrawn from the National Assembly for review and resubmission. At that time, the Government further indicated that the adoption of the pending legislative reforms would expand the scope and functions of the NLAC. The Committee therefore expresses once again the firm hope that the pending legislative reforms will be finalized and adopted without further delay.It also reiterates its request that the Government provide detailed information on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under the present Convention. The Committee further requests the Government to indicate the content and outcome of the meetings held with the stakeholders in March 2020 in relation to the reforms, and to provide a copy of the relevant legislation once it is adopted.

Article 5(1). Tripartite consultations required by the Convention. In reply to the Committee’s previous comments, the Government reports that the social partners are consulted on issues related to international labour standards, particularly regarding the possibility of ratifying ILO Conventions, as well as in relation to reports on ratified Conventions submitted to the ILO pursuant to article 22 of the ILO Constitution. In addition, Conference preparatory meetings are held with the social partners to harmonize the country’s position. The Committee notes with interest that, with the support of the ILO Office in Abuja, tripartite consultations were held within the NLAC in a two-day session from 23 to 24 March 2021. The Committee notes from the website of the Federal Ministry of Information and Culture, that the March 2021 session was the first session of the NLAC held since 2014. In addition, the Committee notes the ILO press release of 24 March 2021, according to which, during the March 2021 consultations, the tripartite constituents discussed the possible ratification of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Private Employment Agencies Convention, 1997 (No. 181); the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); and the Violence and Harassment Convention, 2019 (No. 190). The Committee notes that, according to the press release, all four Conventions discussed are to be ratified. Moreover, it was agreed during the March 2021 consultations that the regularity of NLAC meetings would be ensured in conformity with this Convention. Finally, the Committee notes that the ILO is currently supporting the development of the first National Industrial Relations Policy and the Decent Work Country Programme (DWCP) III for Nigeria. The Committee requests the Government to continue to provide updated, detailed information on thecontent, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to: questionnaires on Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals concerning the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 6. Operation of the consultative procedures. The Committee notes that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the content and outcome of these consultations.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Consultations with representative organizations. Since 2012, the Committee has repeatedly requested the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. In this context, the Committee has also consistently reminded the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. In its response, the Government refers to the National Labour Advisory Council (NLAC), as the institutionalized tripartite body established in compliance with the provisions and requirements of the Convention. It adds that consultations with the social partners are ongoing, with the aim of advancing the revision of the national labour legislation. In this regard, the Committee notes the Government’s indication that a stakeholder meeting was held on 18 April 2018 under the auspices of the ILO Office in Abuja. The Government adds that the stakeholders also participated in a public hearing before the National Assembly on 23 April 2018. The Committee expresses the firm hope that the pending legislative reforms will be finalized without further delay. It reiterates its request that the Government report on the results of the reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention. It also requests the Government to indicate the outcome of the meetings held with the stakeholders in April 2018 in relation to the reforms, and to provide a copy of the relevant legislation once it is adopted.

Article 5(1). Tripartite consultations required by the Convention. The Government indicates that tripartite consultations are used to respond to the questionnaires relating to items on the agenda of the International Labour Conference (ILC).The Committee notes that an interactive session for Nigeria’s tripartite delegation to the 107th session of the ILC was held on 14 and 15 May 2018, to discuss the items on the ILC agenda. The Government adds that a practical tripartite workshop on reporting was held on 26 and 27 June 2018, to assist with meeting Nigeria’s reporting obligations under article 22 of the ILO Constitution. The Government indicates that effective tripartite consultations will continue to be held on proposals made to the National Assembly. The Committee notes the Government’s indication that the representative organizations were consulted with regard to the Special Maritime Session of the NLAC for the ratification of the MLC, 2006 held in February 2013, which led to its ratification in June 2013. In addition, a tripartite technical committee of maritime stakeholders on seafarers held a meeting on 26 February 2014 to discuss a joint proposal on the amendment of the Code relating to Resolutions 2.5 and 4.2 of the MLC 2006. The resolutions at this meeting led the Government to convene a meeting of technical experts of the NLAC on the amendment of the Code of the MLC 2006 to articulate Nigeria’s tripartite position in support of the amendment. The Committee welcomes the information provided and requests the Government to provide full and detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including consultations relating to the questionnaires: on Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals concerning the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 6. Operation of the consultative procedures. The Government indicates that the representative organizations have been consulted in accordance with Article 6. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

Repetition

Consultations with representative organizations. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee hopes that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Consultations with representative organizations. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee hopes that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Consultations with representative organizations. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee hopes that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Consultations with representative organizations. In reply to the comments formulated in 2006, the Committee notes the Government’s brief report received in November 2012, in which it indicates that the National Labour Institutions Bill is still before the National Assembly. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee recalls that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to the observation formulated again this year on the constitutional obligations under article 19 of the ILO Constitution and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2012 observation which read as follows:

Repetition

Consultations with representative organizations. In reply to the comments formulated in 2006, the Committee notes the Government’s brief report received in November 2012, in which it indicates that the National Labour Institutions Bill is still before the National Assembly. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee recalls that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified the Convention, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to the observation formulated again this year on the constitutional obligations under article 19 of the ILO Constitution and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Consultations with representative organizations. In reply to the comments formulated in 2006, the Committee notes the Government’s brief report received in November 2012, in which it indicates that the National Labour Institutions Bill is still before the National Assembly. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee recalls that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to the observation formulated again this year on the constitutional obligations under article 19 of the ILO Constitution and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last replies in August 2004. The Committee trusts that the Government will be able to provide a report including information in reply to the points raised in the previous observations, which set forth the following matters:

Repetition

Consultations with representative organizations. The Committee noted that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicated that the National Labour Institutions Bill, which makes provision for the NLAC, was before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. It asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization.

Prior tripartite consultation on proposals made to the National Assembly. The Committee recalls that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee hopes that the Government will make every effort to take the necessary actions in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last replies in August 2004. The Committee trusts that the Government will be able to provide a report including information in reply to the points raised in the previous observations, which set forth the following matters:

Consultations with representative organizations. The Committee noted that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicated that the National Labour Institutions Bill, which makes provision for the NLAC, was before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. It asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

(a)   the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference; and

(b)   questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization.

Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last replies in relation to the Committee’s 2004 direct request. The Committee trusts that the Government will be able to provide a report including information in reply to the points raised in the Committee’s 2008 observation, which sets forth the following matters.

Consultations with representative organizations. The Committee noted that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicated that the National Labour Institutions Bill, which makes provision for the NLAC, was before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. It asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

(a)   the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference; and

(b)   questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization.

Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2006 observation, which read as follows:

1. Consultations with representative organizations. The Committee notes the Government’s succinct replies in relation to its 2004 direct request. It notes that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicates that the National Labour Institutions Bill, which makes provision for the National Labour Advisory Council, is before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation (General Survey of 2000 on tripartite consultation, paragraphs 39 and 40). It asks the Government to keep the Committee updated as to the results of the ongoing legislative reform and its impact on the improvement of consultations with “representative organizations” which enjoy freedom of association, as required under this priority Convention (Articles 1 and 3 of the Convention).

2. Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5, paragraph 1, of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

(a)   the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference (subparagraph (a));

(b)    questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization (subparagraph (d)).

3. Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further states that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). Governments have complete freedom as to the nature of the proposals to be made when submitting the instruments, but even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision (please refer to paragraph 89 of the Committee of Experts’ General Report of 2004, as well as Part VII of the 2005 Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding “effective consultations” on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

4. Operation of the consultative procedures. Finally, the Committee recalls its previous comments and once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Consultations with representative organizations. The Committee notes the Government’s succinct replies in relation to its 2004 direct request. It notes that the Nigeria Employers Consultative Association (NECA) and the Nigeria Labour Congress (NLC) are consulted at the National Labour Advisory Council (NLAC) level with regard to some matters covered by the Convention. The Government further indicates that the National Labour Institutions Bill, which makes provision for the National Labour Advisory Council, is before the National Assembly. The Committee reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation (paragraphs 39 and 40 of the General Survey of 2000 on tripartite consultation). It asks the Government to keep the Committee updated as to the results of the ongoing legislative reform and its impact on the improvement of consultations with “representative organizations” which enjoy freedom of association, as required under this priority Convention (Articles 1 and 3 of the Convention).

2. Tripartite consultations required by the Convention. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5, paragraph 1, of the Convention. The Committee therefore requests the Government to provide full and detailed information on the tripartite consultations dealing with:

(a)   the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference and the Government’s comments on proposed texts to be discussed by the Conference (subparagraph (a));

(b)   questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the Organization (subparagraph (d)).

3. Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government further states that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified Convention No. 144, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). Governments have complete freedom as to the nature of the proposals to be made when submitting the instruments, but even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision (please refer to paragraph 89 of the Committee of Experts’ General Report of 2004, as well as Part VII of the 2005 Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding “effective consultations” on the proposals made to the National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

4. Operation of the consultative procedures. Finally, the Committee recalls its previous comments and once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Tripartite consultations required by the Convention. The Committee notes the Government’s brief report received in August 2004. It notes in particular the Government’s statement concerning the consultations held regularly since 2001 in the National Labour Advisory Council, which resulted in the ratification of Conventions Nos. 111, 137, 138, 178, 179, 182 and 185. It requests the Government to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report.

2. Consultations with representative organizations. The Committee notes the Government’s undertaking to provide a copy of the new statutes of the National Labour Advisory Council following their adoption. It reminds the Government that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation (paragraphs 39 and 40 of the General Survey of 2000 on tripartite consultation). It trusts that the Government will provide information in its next report on the procedures established to ensure the holding of the consultations envisaged by this priority Convention with "representative organizations" which enjoy freedom of association (Article 1 of the Convention).

3. Operation of the consultative procedures. Finally, the Committee recalls its previous direct request and once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted on the issue of the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief report containing the information that the National Labour Advisory Council resumed its activities in 2001 and holds the consultations provided for in the Convention. The Government also states that it will keep the Committee informed of the Council’s work.

The Committee hopes that in its next report the Government will supply detailed information on the consultations held both in the National Labour Advisory Council and by other procedures (such as written communication), with the representative organizations on each of the items listed in Article 5, paragraph 1, of the Convention, and that it will specify the nature of all reports or recommendations produced by these consultations. Please also send the text regulating the operation of the National Labour Advisory Council.

The Government is asked to state whether, in accordance with Article 6 of the Convention, the representative organizations have been consulted on the drafting of an annual report on the consultation procedures provided for in the Convention. If so, please provide information on the results.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 previous direct request, which read as follows:

The Committee takes note of the Government’s first report on the application of the Convention. It also notes the comments of the Nigeria Employers’ Consultative Association (NECA) sent with the report according to which in practice effect is given to the provisions of the Convention in a satisfactory manner. As regards the consultations to be held pursuant to the Convention, the Committee notes the information that they are carried out in particular in the National Labour Advisory Council. However, the Committee notes that the Council was not able to meet during the period covered by the report. It hopes that this Council will be able to resume its activities in the near future and asks the Government to provide a copy of the regulations governing its operation. The Government is also asked to provide in its future reports more detailed information on consultations carried out both in the National Labour Advisory Council and through direct contacts with representative organizations on each of the matters raised in Article 5, paragraph 1, of the Convention and to specify the nature of any resulting reports or recommendations. Lastly, the Government is asked to indicate whether, in accordance with Article 6, the representative organizations are consulted on the publication of an annual report on the working of the procedures provided for in the Convention. Please also specify the outcome, if any.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s first report on the application of the Convention. It also notes the comments of the Nigeria Employers’ Consultative Association (NECA) sent with the report according to which in practice effect is given to the provisions of the Convention in a satisfactory manner. As regards the consultations to be held pursuant to the Convention, the Committee notes the information that they are carried out in particular in the National Labour Advisory Council. However, the Committee notes that the Council was not able to meet during the period covered by the report. It hopes that this Council will be able to resume its activities in the near future and asks the Government to provide a copy of the regulations governing its operation. The Government is also asked to provide in its future reports more detailed information on consultations carried out both in the National Labour Advisory Council and through direct contacts with representative organizations on each of the matters raised in Article 5, paragraph 1, of the Convention and to specify the nature of any resulting reports or recommendations. Lastly, the Government is asked to indicate whether, in accordance with Article 6, the representative organizations are consulted on the publication of an annual report on the working of the procedures provided for in the Convention. Please also specify the outcome, if any.