Guardian

Defends existence of Public Order Act

THERE are strong indications that the Federal Government may soon grant its employees in the Police Force, Customs Service and other para-military agencies permission to organise themselves into trade unions.

The Guardian learnt on Monday at the on-going 102nd International Labour Conference in Geneva, Switzerland, that both the government and the two labour unions in the country – Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) – might have agreed to resolve the issue in the pending Collective Labour Relations Bill.

According to a petition submitted by the unions to the Application of International Labour Standard (ILS), which was obtained by The Guardian yesterday, the unions alleged that the Nigerian government has been foot-dragging on the matter.

Specifically, under a sub-theme tagged “Organising in various government departments and services”, quoting its previous submissions to the committee since 2011, the unions had requested for amendment to Section 11 of the Trade Unions Act, which denies the right to organise to employees in the Central Bank of Nigeria (CBN), Customs and Excise Department, Immigration Department, the Prison Services, the Nigerian Security and Minting Company Limited and Nigeria telecommunications companies.

In its defence, the government shifted the blame to the doorstep of the National Assembly, saying “the Collective Labour Relations Bill pending before the Lower Chamber of the Parliament would address this issue when passed.”

The committee, which charged the government to ensure the bill is passed in the near future, also frowned at the continued existence of ‘Public Order Act’ which the courts have ruled that it violates the Nigerian Constitution but has consistently been cited by the Police for restricting the right to go on strike.

In its reaction, the government, in a memo, said it “notes the concern expressed by the committee in this regard and reiterates that the Police Order Act, Cap 382, 1990 now cited as Public Order Act, Cap P42, Laws of the Federation of Nigeria (LFN) 2004, does not, by its provisions, impose restrictions on the organisation of public assemblies by workers for trade union activities and there has been no conviction for any such violation.

“We further reiterate that Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), respectively at Sections 39, 40 and 41 guarantees the right to freedom of expression and the press, right to peaceful assembly and association, and the right to freedom of movement. These are considered as fundamental rights under the democratic dispensations of the Federal Government.

“The Public Order Act, however, in Section 1(2) provides that any person intending to organise a public assembly or meeting shall apply to and obtain licence from the state governor not less than 48 hours before the assembly.

The power to grant the licence could be delegated to a superior police officer. The Act further provides the right of appeal in the event of refusal to grant the licence. Punishment for violations is either payment of a fine and/or imprisonment but does not entail compulsory prison labour.”

The government then informed the committee that while awaiting the passage of the pending bills before the National Assembly, the Federal Ministry of Labour and Productivity, in collaboration with the Regional Office of the International Labour Organisation, shall be holding two fora on labour administration in July 2013 to enable the social partners and relevant stakeholders address some challenges in the practice of industrial relations and trade unionism with the aim of reaching a consensus on a constructive way forward to promote and sustain decent work.

Reacting to the submission, the Treasurer of the NLC, Wabba Ayuba, described the argument of government as futile.

His words: “There is no way government is going to defend the existence of Police Order Act, which is a colonial law and has been outlawed by a competent court of law.”

He also said that both the TUC and NLC will not only continue to report government to the ILO if it declined to allow unionism in CBN and other government agencies, but may consider other options that include general strike in the nearest future.