According Tarja Halonen, the former President of Finland, noted that the establishment of International Labour Organization in 1919 stemmed from the political desire to create common international rules for reducing unhealthy competition between Countries on working conditions and terms.
International Labour Standards otherwise known as International Labour Instrument for the purposes of this discourse, refers to conventions agreed upon by international actors resulting from series of value judgments, set forth to protect basic workers’ right, enhance workers’ job security and improve their terms of employment on a global scale. Thus, the intent of such standard is to establish a worldwide minimum level of production from inhuman labour practices through the adoption and implementation of said measure.
The International Labour Organisation has noted that millions of women and men around the world are denied access to jobs and training, receive low wages, or are restricted to certain occupations simply on the basis of their sex, skin colour, ethnicity or beliefs, without regard to their capabilities and skills. The ILO has further noted that in some developed countries, women workers earn up to 25 percent less than their male colleagues performing equal work. Hence, it is important to note that in any organization, freedom from discrimination is a fundamental human right and it is very essential for both workers to choose their employment freely, to develop their potential to the full and reap economic rewards on the basis of merit.
It is important to note that employers who practice equality have access to larger and more diverse workforce. And more also, tend to enjoy greater access to training, often receive higher wages and improve the overall quality of workforce.
Premised on the above, we shall be highlighting few International Conventions which guarantees the equality of opportunity and treatment of worker’s at their place of work. The conventions are listed hereunder:
1. Equal Remuneration Convention, 1951 (No. 100)
This convention requires countries to ensure the application to all workers of the principle of equal remuneration for men and women for work of equal value.
2. Discrimination (Employment and Occupation) Convention 1958 (No. 111)
This fundamental convention defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. It is premised on the need for ratifying state to declare and pursue a national policy designed to promote, by methods appropriate to national condition and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in these fields. These includes discrimination in relation to access to vocational training, access to employment and particular occupations, and terms and condition of employment. It is important to note that this beautiful convention has been ratified in Nigeria.
3. Workers with family Responsibilities Convention 1981 (No. 156)
This convention sets a standard on the need to create effective equality of opportunity and treatment for men and women workers. The convention further requires that, ratifying states should make it a goal of national policy to enable persons with family responsibilities who are engaged or wish to engage or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. This particular convention also requires governments to take account of the needs of workers with family responsibilities in community planning and to develop or promote community services, public or private, such as childcare and family services and facilities.
Whether or not the Nigeria State has complied with International Labour Standards with respect to equality of opportunity and treatment?
Nigeria ratified Convention No. 100 on Equal Remuneration in 1974 and Convention No. 111 on Discrimination (Employment and Occupation) in 2002. Convention No. 156 on Workers with family responsibilities is yet to be ratified in Nigeria. As a means of observing international convention, the Federal Republic of Nigeria 1999 Constitution provided for equal pay for equal work without discrimination on account of sex, or any other ground whatsoever. However, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2011, has challenged the government to give full expression to the Convention’s Provisions which provide for equal remuneration for men and women for work of equal value.
Also according to the US State Department Human Rights Report, it was noted that there are no laws in Nigeria that criminalizes gender-based violence, and it further noted that some federal laws condone such violence.
It is pertinent to note further that there are no specific law prohibiting sexual harassment at the workplace, except that it may be niche under violent harassments and may be punished under other provisions of the law. Yet, It is also disheartening to note that the Nigerian Minimum Wage Act excludes many workers, in particular those in companies with less than 50 employees, part-time workers, workers paid on Commission or on a piece rate basis and season agriculture workers in Agriculture. And to say the least, women are disproportionately represented among these groups of workers.
It is important to note that Sec 13 of HIV and Aids(Anti-Discrimination) Act which was passed into law in 2014 prohibit situations whereby a person is denied employment on the basis of his/her HIV/AIDs status and also set standard that real or perceived status shall not be used as a cause for terminator of employment. Yet so many organization still discriminates on the HIV status of an individual as a ground of denial of employment opportunities and more also as a premise for terminating employment.
It is important to point out that in the year 2014, the Human Right Risk Atlas Report prepared by Maplecroft, upon evaluating 197 countries on various human rights violations classified 34 countries as having extreme human right risk in 2014. It is disheartening to note that Nigeria was listed as the 10th Worst offender of Human Rights in the World.
Based on the above, the Nigeria state is yet to comply fully with international best practices in terms of equality of opportunity and treatment of workers. Eventhough the principle of equality of workers was enshrined in the 1999 Constitution, the issue of substantial compliance has been a mirage over the years.
Thus, there is the need for the worker’s to use their democratic tool to advance towards a better working environment and see that discrimination in the work place is totally curbed through the medium of championing proactive legislations to remedy the defects and through suitable platform towards calling out the government for a meaningful dialogue towards substantial compliance.
Rufus Adeoluwa Olodude, Esq.
Legal Practitioner & International Labour Law Consultant
Thanks alot for your feedback. I really appreciate.
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