Though Nigeria has ratified the ILO Convention No. 190 (C190), which recognises the right of everyone to a world of work free from violence and harassment as well as ILO C87, which grants the protection and rights of workers, the conventions have failed to protect unionists in the country and elsewhere as they continued to suffer persecution and physical assaults.
It will be exactly one week tomorrow, Wednesday, since the President of the Nigeria Labour Congress (NLC), Joe Ajaero was abducted, harassed and brutalised by thugs allegedly sponsored by the Imo State government.
Coincidentally, tomorrow, Nov 8, the ILO Convention No. 190 (C190), the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, which Nigeria already ratified will enter into force.
This means that the international treaty, upon ratification by a member state, becomes an obligation that they are transposed into national legislation.
This ultimately requires companies’ operations to respect the national law to advance labour principles. Stakeholders believe that police brutality is a serious issue that could affect anyone, regardless of the office or occupation.
However, they argued that it was important to address and work towards preventing such incidents to ensure a fair and just treatment of all individuals.
However, the NLC and the Trade Union Congress of Nigeria (TUC) had over the weekend, threatened to withdraw their services from tomorrow without any further notice should the government fail to meet their demands over the attack on Ajaero.
Recall that suspected agents of the state and security operatives had descended on Ajaero alongside other labour leaders, smashing their vehicles, inflicting injuries on them, and dispossessing them of their handsets, money, ATM cards among others. The labour leaders and others had gathered at the NLC state secretariat to begin a scheduled protest over pending labour issues.
The NLC President, other national leaders of NLC, and their TUC counterpart were at the state’s secretariat in Owerri to protest among other grievances, backlog of unpaid salaries and allowances, pensions, gratuities and non-compliance with National Minimum Wage Act.
The attack, brutalisation and battering of Ajaero elicited outrage and condemnation across the country. Leaders of NLC and TUC are billed to meet today to decide on an appropriate response to the attack.
The incident has since drawn the attention of the international labour communities and other centres in solidarity, even as the labour unions and their affiliates have been placed on red alert over the attack.
A top official of the NLC, who does not want his name in print, said that the matter had been reported to the Committee of Experts on the Application of Conventions and Recommendations (CEACR), which provides an impartial and technical evaluation of the application of international labour standards in ILO member states, on the violence against C190, Nigeria has already ratified.
He said the case would be part of the complaints, already slated for discussions that the Nigerian government would defend in next year’s International Labour Conference (ILC).
“This is an international convention, although ratified by Nigeria and is expected to come into force from Nov 8. The fact is that violence is violence; there are common laws in Nigeria that protects Nigerians from such acts of violence. It is an international instrument and ratified by Nigeria, which would be treated as a criminal offence because it was an attempted assassination,” he said.
On the implications for Nigeria, being a member and chair of the ILO governing body, the official said Nigeria should not be seen as the country violating ILO standards, vis-à-vis protection of the rights of workers (C87) and C98, on Rights for Collective Bargaining.
He said the Imo State government violated these, “which led the leadership of the NLC to visit the state to fight for their rights after many years of fruitless dialogue with the governor. Rather than calling for social dialogue, they used violence, which is against the spirit of the provisions of the ILO.”
He said the Federal Government, which had kept mum on the matter, was supposed to be the constituted authority in industrial relations in Nigeria. He alleged that it was the duty of the government to enforce the extant labour laws and also reins the government of Imo, “if not, they have failed in their responsibilities.
“The matter was brought up at the just-concluded National Labour Advisory Council (NLAC) meeting, a tripartite body, held in Uyo, where there was a resolution that the Imo State matter would be taken up but nothing has been heard of it. We have not heard from the government. We will withdraw services without any notice if our demands are not met,” he said.
In his reaction, the Director-General of the Nigeria Employers’ Consultative Association (NECA), Adewale-Smatt Oyerinde, who is currently at the ongoing 349th session of the ILO governing body, in Geneva, kicked against the act if what happened was based on violation of ILO C87.
He said he has also discussed the issue with the elected chairperson of the ILO governing body, Abiodun Adejola, on positions that would be taken if what transpired were based strictly on industrial relations.
Emphasising that there is a thin line between industrial relations practice and politics, he said the global body, which is yet to react, would do so based on the report by the CEACR.
In solidarity with some of the international labour communities that criticised the act meted on Ajaero, the Coalition of Black Trade Unionists, in a statement, said: “This is an act of a fascist, anti-democratic state. It is the deed done by totalitarian regimes to quiet the voices of their working citizens. It is the action of an oppressive government in direct conflict with the people they are supposed to represent.
“When the rights of workers are threatened, the rights of a nation are suspended. Workers make nations run and when they are under attack the nation is seized from internal terrorism. Nigeria has fought too hard and for too long to revert to its totalitarian past. Too many people suffered and sacrificed to have a democratic nation, for the ruling government to throw that all away. President Ajaero needs to be released immediately or all other democratic nations must impose sanctions on Nigeria until otherwise. If there is no justice, there can be no peace.
Other countries, including Ghana and Sierra Leone Labour Congresses, also condemned the act, stating that they would act in solidarity with their Nigerian counterparts and would not spare any action to counter these repressive attacks if not swiftly halted.
Head, National Coordinating Secretariat, United Action Front of Civil Society of Nigeria, Olawale Okunniyi, demanded that President Bola Tinubu, should tender an unreserved public apology to Nigerian workers and the President, Joe Ajaero or risk unprecedented mass actions capable of shutting down state business indefinitely.
This is just as the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Food Beverage and Tobacco Employees (NUFBTE), have directed their members nationwide to prepare for a possible strike over last Wednesday’s attack and brutalisation of Ajaero, and other labour leaders in Imo State.
PENGASSAN in a statement by its President and General Secretary, Festus Osifo and Lumumba Okugbawa, respectively, while condemning the attack, directed members to prepare for industrial action over the unpardonable incident.
According to the association, “It is a blatant violation of human rights and an assault on the principles of democracy, freedom of expression and association.
“Comrade Ajaero has been actively involved in promoting fair labour practices, advocating for better working conditions, and ensuring that workers’ rights are protected and his tireless efforts have contributed significantly to the improvement of workers’ lives and the advancement of social justice in our country.
“Violence against union leaders or any individuals fighting for the rights of workers is not only an attack on them but also undermines the fundamentals of social dialogue and activism. These acts of violence seek to silence the voices of those who speak up for the vulnerable and marginalised, and they must be vehemently condemned by society as a whole.
“PENGASSAN demands that the authorities conduct a thorough investigation into this cowardly attack and bring the perpetrators to justice. We call on law enforcement agencies to ensure the safety and security of all workers, activists and union leaders, providing them with the necessary protection to carry out their essential duties without fear of reprisal.
“We also urge civil society organisations, trade unions, and citizens to stand in solidarity with NLC and Comrade Joe Ajaero and to denounce this act of violence. It is crucial that we collectively reject any attempts to suppress voices that advocate for the rights and well-being of workers and fight for a more equitable society.
“Our noble association stands in solidarity with our ally in the struggle, Comrade Joe Ajaero, and expresses deep concern for his well-being and recovery. We will continue to work tirelessly to support the rights of workers, advocate for social justice, and combat any form of violence or repression that seeks to curtail the progress we have made thus far.
“All PENGASSAN members are hereby put on red alert as the days ahead will be stormy and tumultuous. We urge all trade unions and the two labour centres to respond to this ugly act in a very drastic way because injury to one is truly an injury to all.’
Similarly, the Food Union in a statement by its President, and General Secretary, Garba Ibrahim and Mike Olarenwaju, respectively said: “This attack is condemnable judging from the fact the Congress President was in Imo State on a scheduled official labour assignment.
“It is barbaric, inhuman and degrading that the state government and the security forces would descend to this level of beastly indulgence in handling labour and Industrial Relations matters.”
NUFBTE said the “congress president deserves some modicum of decency, recognition and respect for his rights and his inalienable rights to freedom of association speech and human rights as enshrined in both the international chatter for human rights and the Nigerian Constitution.
“He deserves a much better treatment. We are certain that the goal is already dead on arrival if the motive of this conspiracy and attack was to intimidate and diminish his avowed would to protect the rights of Nigerians and in this instance, Imo State workers.
“While wishing him quick recovery, the food workers hereby enjoin the congress leadership and the entire labour movement to brace up for total industrial actions to redress this brazen act of undesirable impunity and checkmate any further reoccurrence by State actors and non progressive elements.”
The International Lawyers Assisting Workers (ILAW) Network also condemned the ‘brutal’ attack on the Ajaero. The ILAW Network, which comprises over 1,100 workers’ rights lawyers and scholars in over 90 countries, including Nigeria, reacted to the incident through a letter signed by chairman, Jeffrey Vogt and addressed to the NLC.
“We note that Nigeria has ratified Conventions 87 and 98 of the International Labour Organisation, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights.
“All of these instruments protect the fundamental right to freedom of association and peaceful assembly and require states to guarantee their free exercise.
“Further, none of the very specific and limited instances where authorities may use force apply here. The violent dispersal of peacefully demonstrating workers and the assault and detention of President Ajaero are in direct violation of Nigeria’s international legal obligations (and its laws).”
ILAW stated that the violent and illegal detention of Ajaero was in direct contravention of Nigeria’s obligations. Also, the Labour Writers Association of Nigeria (LAWAN) said the brutalisation and attempt by alleged sponsored agents to kill Ajaero in Imo State, was very shameful.
In a release by LAWAN through its Chairman and Secretary, Toba Agboola and Adenike Ajiboye respectively, LAWAN described it as a shameful act and barbarism that should not be accepted by the workers and Nigerians.
The statement read: “If such treatment can be meted to somebody like Comrade Joe Ajaero who has paid his dues and is on a legitimate NLC assignment, shows that an average Nigeria is not safe. It shows that there is no rule of law. It is a slap to Nigerian workers, a slap to our democracy and the citizens of Imo State. It is a big shame.”
The Guardian
