Core Conventions of the International Labour Organisation (ILO): Implications for Nigerian Labour Laws

Abstract

This paper examines core conventions of the International Labour Organization with possible effects on Nigerian Labour Law. The paper highlights the reasons why the ILO was established, one of which the author states as dealing with social welfare policies on employment of children, among others. The author adopts a theoretical approach, the structural functionalist theory by Talcott Parson to explain the dynamics of the international labour organization. The paper further identifies some of the ILO core Conventions to include, forced labour convention No.29 of 1930, Freedom of Association and protection of the right to organize convention No. 87 of 1948, Right to organize a Collective Bargaining Convention No. 98 of 1949, Occupational Safety and Health No. 155 of 1981 and so on. The paper associates the origin of the Nigerian Labour Law with some of the ILO ratified Legislation which took the form of recommendations. ILO expects member nations that have ratified its conventions to be bound by them. But in international law, it is not an easy thing. In a country like Nigeria with a dualist system any international treaty or law or legislation must be domesticated by the National Assembly before it can be enforced in Nigeria. Backing this up the paper cites section 12 of the constitution of the Federal Republic of Nigeria, 1999, which is a ground norm. Therefore, an ILO Convention that has not been passed into Law in Nigeria cannot be legally enforced. The paper maintains that this explains why some treaties, legislation or laws that have not been domesticated have failed to be enforced in Nigeria.  The author finally concludes that in spite of all these that ILO is a dynamic organization that plays diversified roles in international labour matters. That it’s operation at global level should be supported and encouraged to better the life of numerous workers across the member nations

In Pursuit of the Employees’ Welfare in the Workplace: Issues in Perspectives

“…Most of the received English Labour Laws have been domesticated in Nigeria by Acts of the National Assembly (Mbah and Ikemefuna, 2011).…”

ILO and the International Labour Standards Setting: A Case of Nigeria Labour Acts

“…As mentioned earlier that the constitution of Federal Republic of Nigeria is one of the hindrances that prevent vivid implementation of the ILS. Nigeria is a dualist system 10 , therefore any international treaties or laws must be domesticated by the National Assembly before it can be enforced (Mbah and Ikemefuna, 2011).…”

“…Section 12 of the Constitution of the Federal Republic of Nigeria, 1999 provides unambiguously that "no treaty between the federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly". In spite of the fact that an undomesticated but ratified ILO conventions cannot be legally enforced in Nigeria, the conventions are nevertheless useful as indicating best practice on a given labour or social issues (Mbah & Ikemefuna, 2011).…”

“…However, Nigeria labour laws was based on the need to bring the existing labour laws in line with ratified conventions which had not been passed into law by the National Assembly 10 . This becomes pertinent because ILO plays an important role in providing government with the necessary information and acts as a platform on which labour policies and laws are formulated at the national levels.…”

“…It was adopted on the 9th of July, 1948. Nigeria was a signatory to the convention on 17th October, 1960 (Mbah & Ikemefuna, 2011). It provides that workers and employers have the rights to establish or join organisations of their own choice without previous authorisation 8 (Article 2).…”