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

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

Application of the Convention in practice.(i) Measures to raise awareness. The Committee notes the Government’s reply to its previous request for information on the measures taken to raise foreign workers’ awareness of their rights under the Employees’ Compensation Act, 2010 (ECA) and to facilitate their access to the relevant authorities to claim their rights under the ECA. It notes, in particular, the indication by the Government, that workers are provided with copies of the company handbook at their workplace, which include the provisions of the ECA in the event of industrial accidents. The Committee invites the Government to consider implementing additional measures to facilitate foreign workers’ understanding of their rights to compensation and to enable them to assert such rights, such as the provision of handbooks or assistance in other languages. The Committee also requests the Government to indicate if support is given to victims of work accidents to ensure the due reporting of accidents to labour inspectors.

(ii) Statistical data collection. The Committee notes a lack of statistical information relating to the application of the Convention in the Government’s report, which does not reply either in a specific manner to the Committee’s request for information on the reasons for the lack of work accidents involving foreign workers reported in the last years. The Committee recalls the importance of statistical information for its evaluation of the application of the Convention in practice, requiring equality of treatment between workers who are nationals of one ratifying Member state and those who are nationals of other ratifying States in case of work accidents. The Committee requests the Government to provide, if available, up-to-date statistical information concerning: (i) the number of foreign workers in the national territory, their nationality, and their occupational distribution; (ii) the number of accidents at work reported in the case of foreign workers, in conformity with the report form on the application of the Convention; and (iii) the compensation provided to workers and/or their dependents. If the above information is not available, the Committee requests the Government to provide estimates. The Committee further requests the Government to indicate measures envisaged to address possible gaps concerning the collection of statistical information on work accidents involving foreign workers.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes 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.

Repetition

Application of the Convention in practice. The Committee notes the statistical information provided by the Government that since 2011 there have not been industrial accidents involving foreign employees registered under the Employees Compensation Act (ECA) of 2010. The Committee asks the Government to provide information on the reasons explaining such a low level of occurrence of industrial accidents, indicating whether measures have been taken with a view to raise awareness among foreign workers of their rights under the ECA and to facilitate their access to the relevant authorities to claim their rights under the Act.

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

Application of the Convention in practice. The Committee notes the statistical information provided by the Government that since 2011 there have not been industrial accidents involving foreign employees registered under the Employees Compensation Act (ECA) of 2010. The Committee asks the Government to provide information on the reasons explaining such a low level of occurrence of industrial accidents, indicating whether measures have been taken with a view to raise awareness among foreign workers of their rights under the ECA and to facilitate their access to the relevant authorities to claim their rights under the Act.

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

Referring to its previous comments, the Committee notes the adoption in 2010 of the Employees Compensation Act No. 13, section 2 of which provides that the new act applies to all employers and employees in the public and private sectors in the Federal Republic of Nigeria. The Government indicates in its report that the new legislation has taken care of the issues raised previously in respect of how equality of treatment is ensured in the public service under the Workmen’s Compensation Decree No. 17 of 12 June 1987 (Cap. 470). The Committee understands that the 2010 legislation has had the effect of repealing the 1987 Decree and would like the Government to confirm in its next report whether such is indeed the case and to provide information regarding any new implementing regulations adopted following the entry into force of the Employees Compensation Act, 2010, No. 13.

Part V of the report form. The Committee would be grateful if the Government would provide the information requested under the above part of the report form as regards the manner in which the Convention is applied in practice, including the approximate number of foreign workers, their nationality and occupational distribution, and the number and nature of accidents reported for these workers.

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

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:

Repetition

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.

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

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.

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

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.

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

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:

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.

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

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.

In its last report, the Government merely indicates that a draft law concerning non-Nigerian workers is currently being examined by the national assembly and that the situation of these workers does not cause any problems in respect of compensation for occupational accidents.

The Committee takes due note of this information. It 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.

[The Government is asked to reply in detail to the present comments in 2008.]

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

For many years, the Committee has been drawing the Government’s attention to section 2(2)(b) of the Workman’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 above Decree. In this regard, Article 1 of the Convention provides for equality of treatment in respect of accident compensation for the 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.

In its last report, the Government states that the provisions of section 2(2)(b) of the above Decree will be one of the areas to be considered for amendment on the occasion of the forthcoming review of the labour legislation. However, it adds that in practice this provision is not applied to non-Nigerians. While noting this latter information, the Committee considers that it is necessary to clarify the situation of workers employed in the public service of the Federation who have first been engaged outside Nigeria and who are not nationals of Nigeria with regard to compensation for any employment accidents that they may suffer. It trusts that, on the occasion of the review of the labour legislation, the Government will not fail to take the necessary measures in this respect. The Committee also requests the Government to indicate the number of workers concerned and the employment accident compensation scheme which is applicable to them.

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 notes with regret that the Government’s report does not contain the information requested in its previous comments. It therefore again wishes to point out that section 2(2)(b) of the Workman’s Compensation Decree No. 17 of 12 June 1987 excludes 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. In this connection, the Committee recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other State Member which has ratified the Convention, and to their dependants; this Article does not permit exceptions in regard to public sector employees. The Committee therefore trusts that the Government will not fail to take all necessary measures to give full effect to the Convention on this point.

In addition, the Committee notes that the Government does not possess statistical information on the number of foreign workers employed in Nigeria. In this regard, the Committee would suggest to the Government the possibility of recourse to ILO technical assistance. It hopes that the Government will soon be able to supply the statistical information, in particular on the number of foreign workers employed in the public service and excluded from the scope of Decree No. 17 of 1987 cited above.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report does not contain the information requested in its previous comments. It therefore again wishes to point out that section 2(2)(b) of the Workman's Compensation Decree No. 17 of 12 June 1987 excludes 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. In this connection, the Committee recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other State Member which has ratified the Convention, and to their dependants; this Article does not permit exceptions in regard to public sector employees. The Committee therefore trusts that the Government will not fail to take all necessary measures to give full effect to the Convention on this point.

In addition, the Committee notes that the Government does not possess statistical information on the number of foreign workers employed in Nigeria. In this regard, the Committee would suggest to the Government the possibility of recourse to ILO technical assistance. It hopes that the Government will soon be able to supply the statistical information, in particular on the number of foreign workers employed in the public service and excluded from the scope of Decree No. 17 of 1987 cited above.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

Further to its previous comments, the Committee notes that the Government's report does not contain the information requested. The Committee again points out that section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and who is not a Nigerian citizen. It recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other Member which has ratified the Convention, and to their dependants, and does not permit exceptions in public sector employment. It expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention in this respect. In the meantime, the Committee again requests the Government to supply information concerning the number of foreign workers engaged under these conditions, and to specify under which industrial accidents compensation scheme these workers are covered. The Committee regrets that this information has not been supplied by the Government despite requests made by the Committee in that respect.

The Committee would also appreciate receiving a copy of Cap. 470 of the Laws of the Federation of Nigeria, 1990, mentioned in the Government's report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

Further to its previous comments, the Committee notes that the Government's report does not contain the information requested. The Committee again points out that section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and who is not a Nigerian citizen. It recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other Member which has ratified the Convention, and to their dependants, and does not permit exceptions in public sector employment. It expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention in this respect. In the meantime, the Committee again requests the Government to supply information concerning the number of foreign workers engaged under these conditions, and to specify under which industrial accidents compensation scheme these workers are covered. The Committee regrets that this information has not been supplied by the Government despite requests made by the Committee in that respect.

The Committee would also appreciate receiving a copy of Cap. 470 of the Laws of the Federation of Nigeria, 1990, mentioned in the Government's report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Committee notes that the Government's report does not contain the information requested. The Committee again points out that section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and who is not a Nigerian citizen. It recalls that Article 1 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed, without any condition as to residence, to the nationals of any other Member which has ratified the Convention, and to their dependants, and does not permit exceptions in public sector employment. It expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention in this respect. In the meantime, the Committee again requests the Government to supply information concerning the number of foreign workers engaged under these conditions, and to specify under which industrial accidents compensation scheme these workers are covered. The Committee regrets that this information has not been supplied by the Government despite requests made by the Committee in that respect.

The Committee would also appreciate receiving a copy of Cap. 470 of the Laws of the Federation of Nigeria, 1990, mentioned in the Government's report.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the report of the Government does not contain information requested in its previous direct request. It therefore once again asks the Government to specify the scope, in practice, of section 2(2)(b) of the Workmen's Compensation Decree No. 17 of 12 June 1987 which excludes any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and is not a Nigerian citizen; please also indicate the number of workers engaged under these conditions. It also again requests the Government to indicate under which industrial accidents compensation scheme these workers are covered.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report. It also notes with interest the adoption of the Workmen's Compensation Decree No. 17 of 12 June 1987.

The Committee notes that section 2(2)(b) of the above Decree excludes from its scope any workman employed in the public service of the Federation who has been first engaged in a place outside Nigeria and is not a Nigerian citizen. It requests the Government to specify the scope, in practice, of the above provision of the Decree and to indicate the number of workers engaged under these conditions. It also requests the Government to indicate the industrial accidents compensation scheme under which these workers are covered.