TEXT OF A JOINT PRESS CONFERENCE BY THE NIGERIA
LABOUR CONGRESS AND TRADE UNION CONGRESS ON CONSTITUTIONAL AMENDMENTS
ON MINIMUM WAGE BY THE SENATE HELD ON THURSDAY JULY 18, 2013 AT LABOUR HOUSE, ABUJA
ON MINIMUM WAGE BY THE SENATE HELD ON THURSDAY JULY 18, 2013 AT LABOUR HOUSE, ABUJA
Gentlemen of the Press,
We welcome you to this Press Conference, which is to
address the recent vote on Constitutional amendments carried out by the Senate
of the Federal Republic of Nigeria, with particular focus on the attempt to
remove the National Minimum Wage from the Exclusive legislative list.
At the Senate gallery a few days ago, we were all
witnesses to the opening statement of the Senate President, Mr. David Mark
before the ill-fated voting on amendments to the Constitution. Said he: “I urge
all Senators to vote according to their conscience" and at the end of the
exercise, he declared:” Today is a historic day in the history of Nigeria....we
have voted for those issues that we think will make democracy to go on and make
democracy to mature".
What an irony! In one breathe, the Senators proposed decentralisation of minimum wage against the people of Nigeria eroding the earning power of vulnerable workers, and at the same time gleefully and overwhelmingly voted for life pension for the leadership of the Senate!
Thus, our Senate has become self-serving and anti-people. Never in the history of this country, not even in the military era, have we witnessed such a charade and travesty on the popular wish of the people as was displayed at the Senate. For the avoidance of doubt, the propose amendment as passed by the Senate, reads as follows:
What an irony! In one breathe, the Senators proposed decentralisation of minimum wage against the people of Nigeria eroding the earning power of vulnerable workers, and at the same time gleefully and overwhelmingly voted for life pension for the leadership of the Senate!
Thus, our Senate has become self-serving and anti-people. Never in the history of this country, not even in the military era, have we witnessed such a charade and travesty on the popular wish of the people as was displayed at the Senate. For the avoidance of doubt, the propose amendment as passed by the Senate, reads as follows:
1. The National Assembly may make laws for the
federation or any part thereof with respect to:
I. prescribing a national minimum wage for federal government employees including minimum wage for all categories of workers in federal establishments and agencies.
I. prescribing a national minimum wage for federal government employees including minimum wage for all categories of workers in federal establishments and agencies.
II. Establishment of a body for the regulation,
supervision and enforcement of compliance with minimum wage for the federal
government.
2. The House of Assembly may subject to paragraph 1
hereto make laws relating to making laws on issues relating to payment of wages
and other emoluments for staff of the civil service of the state, institutions,
bodies and agencies established and managed by the Government of the state
including local government councils and local government service commissions.
Our Understanding is that:
1. The Federal Government creates minimum wage for
federal workers (civil servants) and agencies
2. Section II ostensibly establishes a body for the
purpose of section 1 only.
3. The second section gives power to state
governments to legislate for the same matter for the states subject to section
1 only. Thus, two regimes of minimum wage will now exist in Nigeria (federal
and state). Government as an employer may have done a duty. What about
government as a sovereign authority, socially contracted to all its citizens?
Here, we think the Senate has failed the nation. Also,
a vital segment of the society private sector - has been completely been left
out. Are we saying that the private sector can now do as they like in terms of
remuneration to its workers?
Gentlemen of the Press,
You will recall that the outcome of a nationwide
constituency consultation carried out by the House of Representatives before
debates commenced on the amendments, the Nigerian people had overwhelmingly
said a capital NO! to the removal of the National Minimum Wage from the
Exclusive to Concurrent List in the Constitution. It is rather scandalous for
the Senate, who are representatives of the people to beat their chest and
declare that their act which goes against the grain of the people's interest is
"making history" and "maturing democracy".
At this juncture, it is pertinent to further expose
the lack of understanding of our Senators on the concept of a National Minimum
Wage. Without recourse to history and basic appreciation of global practices,
the Distinguished members of the Upper Chambers assumed that a minimum wage is
a wage review normally carried out by the Federal and State governments,
oblivious of the historical and global concept of minimum wage being a
benchmark to ensure that vulnerable workers, particularly the unorganised and
the unskilled are not unduly exploited by ravenous, selfish and greedy
employers and money bags.
By their misguided actions, the Senators have not
only inadvertently excluded private sector workers from the minimum wage, but
grossly violated ILO Convention 131, which the country is signatory to. The
arguments of the now embattled Governors Forum flaunted during negotiations on
the National Minimum Wage, which the Senators have now accepted hook line and
sinker was that the setting of minimum wage by the Federal Government violated
the principle of true federalism. To all intent and purposes, this is
ill-informed and at best infantile. They have not only confused themselves with the need as representatives of the people to protect the most susceptible and defenseless workers, but naively politicised the minimum wage with fiscal federalism. If fiscal or financial autonomy were the issue, private firms would not be brought under minimum wage laws anywhere in the world. For example, the Senate needed to be educated that of 194 countries responding on the issue as at 2011, 173 have minimum wage regimes in line with global standards.
ill-informed and at best infantile. They have not only confused themselves with the need as representatives of the people to protect the most susceptible and defenseless workers, but naively politicised the minimum wage with fiscal federalism. If fiscal or financial autonomy were the issue, private firms would not be brought under minimum wage laws anywhere in the world. For example, the Senate needed to be educated that of 194 countries responding on the issue as at 2011, 173 have minimum wage regimes in line with global standards.
It is apparent that the Senate had given in to
pressures from selfish and self-serving state governors, of whom remnants of
them could be found taking refuge in the Senate after looting state coffers and
exploiting poor workers. While we are disappointed at the action of Senators to
encourage continued exploitation of workers and the Nigerian people, we are not
surprised at the outcome of this ignoble exercise, as the process unlike that
of the House of Representatives was shrouded in secrecy, exclusivity and
conspiracy. Even as the Senate ostensibly held a one- day public hearing on the
issue, neither the labour movement nor critical stakeholders were officially
invited.
It may interest the distinguished members of the
Senate to know that views expressed in the Constituency Consultations
painstakingly carried out by their counterparts in the House that rejected
removal of the minimum wage from the Exclusive to Concurrent List, was later
collated with the labour movement and all stakeholders present and the outcome
transparently seen by all. That the Senate could go against the popular wish of
the people speaks volumes of the electoral process that brought some of them to
office. Rather than serve the people who elected them, our Senators have become
arrogant, and self-serving in the interest of capital and money bags.
To us, as is the practice globally, Constitution
amendment should be made a process-led approach and a bottom up exercise.
Short-changing the will of the people through "voting" that deprive
workers and working families their hard won and collective patrimony,
obliterates the very essence of legislature as the mouth piece of the people.
This attempt to alter the jurisdiction of minimum wage legislation, is an aberration to our quest for democratic governance to reflect people’s aspiration, as it has turned a supposed people’s institution as the Senate into iron law of oligarchy. As a working class movement, we deplore this attempt by the Senate to tinker with the minimum wage, as it will further segment the labour market in Nigeria and create further confusion in the industrial relations regime, and the entire social dialogue mechanism.
This attempt to alter the jurisdiction of minimum wage legislation, is an aberration to our quest for democratic governance to reflect people’s aspiration, as it has turned a supposed people’s institution as the Senate into iron law of oligarchy. As a working class movement, we deplore this attempt by the Senate to tinker with the minimum wage, as it will further segment the labour market in Nigeria and create further confusion in the industrial relations regime, and the entire social dialogue mechanism.
It is pertinent to reiterate that minimum wage
fixing has nothing to do with fiscal federalism as taunted by some dubious politicians;
rather, it serves as a benchmark upon which other layers of government and the
private sector could set standards for their employees. While we have
consistently advocated for the practice of true federalism, politicising the
minimum wage issue into the federalism debate merely confuses issues. The
concept of a national minimum wage evolved in most countries from the genuine
concerns over growing incidences of the working poor and the need to protect the
most vulnerable in society.
We believe that as a nation, we need to stay with
this tradition. The issue of minimum wage is correctly located in the 1999
Constitution, which ironically is a product of military rule, and should remain
that way as there is need to strengthen not weaken the protection to the most vulnerable
groups in our nation. We also need to avoid the consequences of developing a
segmented labour market that will encourage sporadic and wild cat industrial
crisis. We call on the House of Representatives as the last bastion of our
representative governance to side with the people, as they have always done, to
ensure that the minimum wage remains in the Exclusive List to protect poor
working families against the vagaries of thoughtless and rabid neo-liberal
economic policies.
As a response to the challenge posed by the Senate to further exploit and pauperise working families, we call on state councils and the leadership of industrial unions to remain calm and remain focused as we get prepared to address this incipient, but growing impunity in our nation by the political class.
As a response to the challenge posed by the Senate to further exploit and pauperise working families, we call on state councils and the leadership of industrial unions to remain calm and remain focused as we get prepared to address this incipient, but growing impunity in our nation by the political class.
Abdulwahed I. Omar
President, NLC
Bobboi B. Kaigam,
President, TUC