NIGERIAN CONSTITUTION AND LABOUR MATTERS

Like many other countries, the fundamental law in Nigeria, the 1999 Constitution of the Federal Republic contains a substantial reflection of the 1948 Universal Declaration of Human Rights. Its second chapter is titled 'Fundamental Objectives and Directive Principles of State Policy'.

Section 17 thereunder provides for a State Social Order that is founded on ideals of Freedom, Equality and Justice. In fostering such a social order, it provides clearly that every citizen shall have equality of rights, obligations and opportunities before the law. It goes further to provide that the sanctity of the Human Person shall be recognized and human dignity shall be maintained and enhanced.

The above is a sufficient expression of solidarity and agreement with the stance of the 1948 declaration on labour matters and the dignity of the human person. We see this clearly when we look a little further down the provisions of subsection 3 of that section. There it states without equivocation that the state shall direct its policy towards ensuring that all citizens without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment. Buttressing this position is the further provision that the state shall ensure that conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life

Employers who normally take their employees' rights for granted, as well as the greater percentage of employees would be amazed to know that the constitution further provides that the state shall ensure that the health, safety and welfare of all persons in employment are safeguarded AND NOT ENDANGERED OR ABUSED. A judge who hears a matter relating to employee welfare disputes/matters would therefore be compelled by these objectives. Additional to the above is the the obligation to ensure that there are adequate medical and health facilities for all persons, and that there is equal pay for equal work without discrimination on account of sex or any ground whatsoever.

This stance of the Nigerian constitution alongside the African Charter on Human and Peoples Rights are an avenue through which the dignity of human labour, and that of the human person can, and will get further reinforcement and protection, and that is the trend across the international community, standards that will not be lightly derogated from for whatever reason, not excluding the financial meltdown.

THE DIGNITY OF HUMAN LABOUR: UNIVERSAL DECLARATION OF HUMAN RIGHTS, G.A. res 217A, 1948

Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.