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The Nigerian Labour Congress has called on the National Assembly to retain Labour and the National Minimum Wage on the Exclusive Legislative List as currently listed under the Second Schedule Part 1 (34) of the 1999 Constitution of the Federal Republic Nigeria.
The Kogi State Chairman of the Nigerian Labour Congress, Kogi State Chapter, Comr. Onuh Edoka made the demand while presenting a 72 page memorandum on behalf of the Nigerian Labour Congress at a two day review/Public hearing on the constitutional amendment by the committee on constitution review Public hearing, North Central Public hearing holding in Lokoja.
Comr. Edoka also said that the Nigerian workers want a retention of the general administration of pension as currently captured in Section 175 of the 1999 Constitution and as listed under Second Schedule Part | (34) of the 1999 Constitution of the Federal Republic of Nigeria.
Other demands as listed in the submission of the Kogi State NLC Chairman on behalf of Nigerian workers include:
That the National Assembly should favourably consider the demands for the full realization of local government autonomy, legislative autonomy, autonomy for the judiciary arm of government.
The Kogi State NLC Chairman wants the National Assembly to consider the workers submissions on strengthening
and promoting socio-economic and cultural rights of Nigerians especially as captured under Chapter Two of the 1999 Constitution under review.
Below is the full Presentation of the Summary of the Memorandum by the Nigeria Labour Congress at the Zonal Public Hearing for the Review of the 1999 Constitution of the Federa Republic of Nigeria as presented by Comr. Onuh Edoka.
Protocol
The Nigeria Labour Congress (NLC) is a pan Nigerian organization with a history that transcends Nigeria’s independence. As a pan Nigerian and pro-people organization, the views and Positions of Organized Labour in Nigeria are divorced from partisan, ethnic, religious or any other sectional consideration. The Nigeria Labour Congress, as part of its contribution as a social partner in nation building has been involved in all the constitution review processes in Nigeria including the last National Constitutional Conference in 2014. The submissions of the NLC at the different constitution review engagements are anchored on promoting inclusive socio-economic development, decent work, génder equality, respect for labour standards, good governance and strengthening of institutions.
We have categorized our presentation into two broad areas: Core Labour Issues and Socio-economic, Culcural and Political Issues. For the core labour issues, we have advanced our arguments on the following concerns: th: federal structure and devolution ont dus idlby Ngch-Feguldts Fe retaining Labour and the National Minimum Wage on the Exclusive Legislative List. Also, on che Core Labour issues are matters of Pension and Industrial Relations.
On the devolution of powers and socio-economic, cultural and political issues, we have also advanced our arguments on other matters of national importance. These issues include Local Government Autonomy, Legislative Autonomy, and judicial Autonomy, comprehensive judicial reform, electoral reform, gender equality, pusniic revenue allocation, strengthening independence of oversight institutions, residency and indigene provisions, the immunity clause and state creation.
Retention of Labour on the Exclusive Le: islative List
Globally, labour matters are governed by international standards as prescribed by the International Labour Organization (ILO). These international labour standards are adopted by the ILO as Conventions, Recommendations, Protocols and Declarations. Once the ILO adopts any international jabour standard especially its Conventions and Protocols, it is demanded of ILO member states through their National Parliaments to ratify and dormesticate such standards in their National laws not sub-national or state laws.
The rationale for this global approach to labour issues is to achieve uniformity of labour laws all over the world, The overarching reason for this derives from the lessons from the First and Second World Wars and efforts by world leaders to foster harmonious industrial standards and operations for sustainability of industria, production, inclusive socio-economic development, social justice, and world peace,
Nigeria has been a member of the International Labour Organization since October 17, 1960. So far, Nigeria has ratified and domesticated through the Nationa| Assembly twenty-six ILO Conventions including all eight ILO fundamenta| Conventions. The eight fundamenta| ILO Conventions include:
|. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No 87)
2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
3. Forced Labour Convention, 1930 (No. 29)
4. Abolition of Forced Lakour Convention, 1957 (No 105)
5. Minimum Age Convention, 1973 (No. 138)
6. Worst Forms of Child Labour Convention, 1999 (No. 182)
7. Equal Remuneration Convention, 1951 (No. 100)
8. Discrimination (Employmensand Occupation) Convention, 1958 (No. 111)
The eight core conventions of the International Labour Organization regulate pension, industrial relation and labour generally.
It would, therefore, be anomalous, incongruous and contemptible of global standards and order to even contemplate removing labour from the Exclusive Legislative List. That would be tantamount to renouncing Nigeria’s ratification of extant ILO Conventions and repudiating Nigeria’s membership of the ILO. We are sure such is not the agenda of this noble engagement.
The National Minimum Wage.
In line with our argument on regaining labour on the Exclusive Legislative List, it also follows that any contemplation to remove tne National Minimum Wage from the Exclusive Legislative List to the Concurrent Legislative List would only expose Nigeria to international ridicule and opprobrium. Just as we had argued in the foregoing, the reasons are very clear and compelling. We wish to restate these reasons as follows:
1. The National Minimum Wage is a matterof Global Standards
The National Minimum Wage js:darivad from ILO International Labour Standard, especially che LO Minimum Wage Fixing Machinery Convention 026 of 1928 which is reinforced by the ILO Minimum Wage Fixing Convention 131 of 1979, Distinguished members of this Committes, Nigerla through the National Parliament ratified Convention 026 since June 1961 and has domesticated Its provisions in our national constitution and extant labour laws.
Pursuant to this ratification and domestication, the National Assembly apart from listing the National Minimum Wage in the Exclusive Logislative List also captured provisions of Convention 026 in Chapter 2 of Nigeria’s 1999 Constitution under the Fundamental Objectives and Directive Principles of State Policy which expressly demands that the Nigerian State shall direct Its policy towards ensuring the provision of reasonable national minimum living wage and pensions,
Currently, more than 90 per cent of ILO Countries have the National Minimum Wage in their national laws. The issue of true federalism is out of the question. Twenty-six countries of the “old democracy bloc” that retain the National Minimum Wage in their national laws Including the United States of America and Germany practise “true federalism”. Some of these countries have practised federalism for more than two hundred yoars.
Distinguished lawmakers, from the events Gf the recent past few weeks especially the struggle of Nigerian workers in a number of states, it is clear even to the blind that the attempt to remove labour and the national minimum wage from the Exclusive to the Concurrent Legislative List is borne out of the desire by a few state Governors to trample on the rights of workers and pay them slave wages.
2. The National Minimum Wags as a Binding International Law Upon the ratification of ILO Convention 026, Nigeria transmitted the ratification to the Director General of the ILO in line with Article 20 of the ILO Constitution. The ILO Director General also in tandem with the provisions of Article 102 of the United Nations Charter transmitted Nigeria’s ratification of the Convention 026 to the Secretary General of the United Nations.
This makes the National Minimum Wage a binding international law ratified and domesticated by the action of the National Assembly and which sanctity can only be preserved by its retention in the Exclusive Legislative List. Therefore, it is mandatory for Nigeria to meet and comply with its Public International Law Obligations under the International Labour Organizations (ILO).
Our views on pension. devolution of powers and socio-economic and cultural rights are informed by our traditional values of patriotism, equity, fairness and inclusive national development. It is our persuasion that the consideration of our Positions will advance the cause of the downtrodden, workers and the generality of Nigerians and engender a more stable polity for the actualization of the Nigeria of our dreams
Our Prayers:
1. That the National Assembly should retain Labour, the National Minimum Wage on the Exclusive Legislative List as currently listed under the Second Schedule Part 1 (34) of the 1999 Constitution of the Federal Republic Nigeria and also retain the general administration of pension as currently captured in Section 173 of the 1999 Constitution and as listed under Second Schedule Part | (34) of the 1999 Constitution of the Federal Republic of Nigeria;
2. That the National Assembly should favourably consider our demands for the full realization of local government autonomy, legislative autonomy, autonomy for the judiciary arm of government; and
3. The National Assembly should consider our submissions on strengthening
and promoting socio-economic and cultural rights of Nigerians especially as captured under Chapter Two of the 1999 Constitution under review.
With your kind permission, may proceed to lay before this august committee of
the National Assembly this 72-page memorandum of the Nigeria Labour Congress on behalf of all the working people of Nigeria.
May God bless the Federal Republic of Nigeria.
Aluta continua… Victoria Ascerta !!!
