THE APPRISIAL OF RELEVANT INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS ON OCCUPATIONAL SAFETY AND HEALTH IN NIGERIA

Abstract

Section 17 (3)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that the health, safety, and welfare of all persons in employment are safeguarded and not endangered or abused. Workplace safety is a paramount concern, particularly in hazardous industries. Hazardous industries, such as mining, construction, and manufacturing, pose significant risks to workers' health and safety. The International Labour Organization (ILO) has developed several Conventions, Protocols, and Recommendations to guide Member States in ensuring workplace safety in these industries, and all places of work. This seminar paper examines the application of the ILO Convention on Occupational Safety and Health in Nigeria, as international best practices in labour and industrial relations. The National Industrial Court has been saddled with the jurisdiction to handle all labour-related matters including those relating to international best practices as stated in section 254C of the Constitution of the Federal Republic of Nigeria (Third Alteration), 2010. However, section 12 Constitution, 1999 (as amended) stipulates that until any international treaty is ratified and domesticated, such treaty does not have the force of law in Nigeria. Consequently, these two provisions have birthed many debates, creating two schools of thought concerning the application of undomesticated international treaties and best practices. This work aims to examine the key provisions of the Conventions relating to occupational safety and health and their application in Nigeria. Its objective is to reconcile the thought in line with international best practices. The doctrinal methodology was used, and the researcher also made use of primary and secondary sources including Internet sources in this study. The work findings highlight the need for the application of international best practices as a way to promote the non-justiciable provisions in Chapter II of our Constitution.