The Fundamental Principles and Rights a Work: Content and Scope of the ILO Conventions (original) (raw)
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International Labour Standards and the Ilo Declaration of Fundamental Principles and Rights
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In 2020, for the first time in the history of the International Labour Organization (ILO), we sighted the universal ratification of a Convention, that is, the ratification by all 187 Member States of the Organization. The C182—Convention of Worst Forms of Child Labour (1999) is identified as a fundamental Convention because it refers to one of the fundamental labour rights identified at ILO Declaration on Fundamental Principles and Rights at Work (1998). This Declaration, despite having been immersed in intense debates on the regulatory option adopted by the ILO (soft law), spelled out a list of fundamental rights and principles at work, approaching to the grammar of human rights. In this sense, it is possible to understand that Convention No. 182, since it is fundamental, already had a prominent role. However, universal ratification presents itself as opportune and strategic, especially when it formalizes the commitment of States to the observance of the parameters presented in the...
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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.