GENEVA (ILO News) The Governing Body of the ILO today established a Commission of Inquiry to examine long-standing allegations of abuses of trade union rights in Nigeria. The procedures, under Article 26 of the ILO Constitution, are invoked in the event of persistent and serious violations of international labour standards and repeated refusal of a member State to align its labour practices with the recommendations of the ILO's supervisory mechanisms.
Nigeria has been repeatedly called upon by the ILO's Committee on Freedom of Association to release imprisoned trade unionists, end harassment of trade unions and take measures to guarantee respect for the civil liberties essential to trade union rights. In recent findings, the Committe underscored the persistent deterioration of trade union rights and denounced the non-respect of civil liberties in Nigeria.
In its current session, the Committee expressed its "outrage" at the manner in which the Nigerian Government has ignored repeated requests to modify its labour regime and allow a special mission into the country to examine the state of trade union rights and visit imprisoned trade unionists.
The Committee said that the Government of Nigeria has repeatedly ignored calls for a mission to examine trade union rights in the country and to visit trade unionists detained without trial, at least one of whom has been detained for over three years." It said that in light of the Government's persistent lack of cooperation that "other types of action should be taken in order to enable some progress in the very serious matters raised in this case," which led to the decision to conduct an inquiry under Article 26.
The procedures under Article 26 involve the naming of an independent, tripartite commission of investigators who will hold hearings and, if possible, conduct an on-the-spot investigation in Nigeria before reporting its results to the Director-General of the ILO.
The labour practices of Nigeria were cited in special paragraphs by delegates to the International Labour Conference in both 1996 and 1997.
The Commission of Inquiry is a final recourse in the ILO supervisory system. The decisions of the Commission are not subject to appeal by any ILO body. In the event of an unfavourable finding on its labour practices, Nigeria's only recourse would be to the International Court of Justice.
One other country is currently under scrutiny by a Commission of Inquiry - Myanmar, which has repeatedly been cited for use of forced labour.
The Committee on Freedom of Association, established in 1951, oversees compliance with the fundamental principles of freedom of association, which guarantee, inter alia, the right of workers to organize and to engage in collective bargaining. It meets three times annually and consists of 3 government representatives, 3 employer representatives and 3 worker representatives.
Report of the Committee
The latest Report of the Committee on Freedom of Association adopted at the same session of the Governing Body drew special attention to the grave and urgent situations prevailing in Colombia and Sudan, where the exercise of trade union activity is frequently subject to violations of human rights, including the imprisonment, torture death and disappearance of trade unionists.
In response to widespread allegations of murders and other acts of violence against trade union officials, members and their families in Colombia, the Committee deplored the extent of violence, threats and intimidation directed against Colombian trade unionists and the impunity of the perpetrators. The Committee noted that a large number of violent incidents have occurred in the agricultural and oil sectors, although evidence of violence and intimidation affects workers and unionists in all sectors of activity, including the banking sector. The Committee deplored the impunity that prevails for the perpetrators of these violent acts and noted that since this case was last examined in 1996, "the Government has not provided information on a single case of detention, trial and judgement of those responsible for these acts."
An annexe to the report lists 40 trade unionists who were killed or have disappeared since 1996 on which the Government has not communicated its observations. The annexe also cites attempted murders, death threats, detentions, raids on homes and targeting of union premises.
The Committee noted that people in the armed forces and police commit illegal and arbitrary acts in the course of their military and policy activities and that thousands of Colombians are terrorized by paramilitary groups. It called upon the Government of Colombia to take measures to guarantee the correct comportment of its security forces and ensure respect for human rights.
In response to allegations made by the (legitimate) Federation of Worker's Trade Unions of Sudan of government interference in trade union activity in Sudan, including anti-union reprisals, the arrest of trade unionists and acts of violence against them, the Committee urged the Government to open an inquiry into the arrests and torture of a number of trade unionists and the deaths of two others and to take legal proceedings against those responsible.
The Committee deeply regretted the lack of response of the Sudanese Government to the allegations, despite the fact that it has been invited on several occasions to provide more information. The Committee pointed out that massive dismissals of workers in the light of Sudan's privatization policy continued in 1997 and underlined the many and serious incompatibilities between Sudan's 1992 Trade Union Act and the principles of freedom of association.
Progress in the Republic of Korea
The ILO's Committee on Freedom of Association noted the progress made on freedom of association in the Republic of Korea. It expressed its pleasure that the new President of Korea, Kim Dae-Jung, ordered an amnesty concerning in particular trade unionists detained as a result of their trade union activities. It said that a Ministry of Justice plan to deal fairly, rapidly and leniently with 152 unionists who are the subject of investigation was "welcome news."
In addition, the Committee requested the Government of Korea to speed up the process of legalizing trade union pluralism at the enterprise level, to extend the right of association to teachers, public servants and other categories of public workers subject to restrictions and to register the Korean Confederation of Trade Unions as a trade union organization as soon as possible. The positive assessment and recommendations on the Republic of Korea were done on the basis of a tripartite mission of the Committee on Freedom of Association, the first of its kind, which visited the country in early February.
Improved situation in Djibouti
On the basis of a direct contact mission to Djibouti, the Committee on Freedom of Association also examined the trade union situation in Djibouti. It noted that there are currently no people held in detention for activities relating to the exercise of freedom of association. It was also pleased to note that the keys to the premises of one of the central trade union organizations, which had been closed by the police, were returned to the union leadership, and that many workers dismissed for the participation in strikes and demonstrations have been reinstated in their jobs. The Committee asked, however, that the Government exercise the greatest vigilance in continuing to promote and defend freedom of association in Djibouti.