EXAMINING THE HUMAN RIGHTS STANDARDS IN A WORK ENVIRONMENT
IN NIGERIA: A LEGAL ANALYSIS
1.1 INTRODUCTION
The workplace serves as a microcosm of society, reflecting its societal norms, values, and
legal structures. In Nigeria, as in many developing nations, the workplace environment has been
a subject of increasing scrutiny concerning its alignment with human rights standards. This essay
explores the legal framework governing human rights in the Nigerian workplace, highlighting its
strengths and weaknesses. Nigeria's workplace environment has long been plagued by
concerning human rights issues, with numerous reports of employee exploitation, discrimination,
and lack of adequate worker protections. Under the Nigerian Constitution, all citizens are
guaranteed fundamental human rights, including the right to dignity, freedom of association, and
freedom from forced labor. However, the enforcement and implementation of these
constitutional safeguards have often fallen short, particularly within the private sector. Weak
labor laws, ineffective regulatory oversight, and a culture of impunity have enabled unscrupulous
employers to routinely violate the rights of their workers with little consequence. Across the
globe, the observance and protection of human rights in the workplace has become a critical
issue demanding attention. In Nigeria, a country with a rich history and diverse workforce,
ensuring the fundamental rights of employees is paramount. The importance of addressing
workplace rights in this West African nation cannot be overstated, as the well-being and
productivity of the labor force directly impact the nation's economic and social development.
This essay will provide an overview of the current state of human rights in the Nigerian
workplace, highlighting both the progress made and the challenges that remain.
Nigeria has a longstanding history of labor regulations dating back to the colonial era. During
British rule, initial workplace laws were introduced to govern aspects like working hours,
minimum wage, and worker protections. After gaining independence in 1960, Nigeria has
continued to build upon this legal framework, passing additional legislation to safeguard
employee rights and promote fair labor practices across various industries. Today, Nigeria's
constitution and labor codes outline key standards that employers must adhere to, covering areas
such as workplace safety, compensation, and anti-discrimination policies. Yet despite these
established regulations, concerns persist around the effective enforcement and implementation of
these laws, particularly in sectors with high levels of informality or limited government
oversight.
International human rights legal standards that bind the Government of Nigeria are
categorized into “hard law” and “soft law” and the foundational document of modern human
rights law is the Universal Declaration of Human Rights (UDHR), a soft law declaration adopted
by the U.N. General Assembly in 1948, which has been accepted by all U.N. Member States of
which Nigeria is inclusive. Peculiar to this research are the following treaties flowing from the
UDHR which address human rights in a work environment: the International Covenant for Civil
and Political Rights (ICCPR), acceded to in 1991; International Covenant on Economic, Social
and Cultural Rights (ICESCR), ratified in 1993 etc.
1.2 RESEARCH QUESTIONS
1) Does the Nigerian legislative framework create extensive provisions that protect the
fundamental human rights of employees in a work environment?
2) Do the policies of the work environment and employment agreement between an
employer and the employees override the fundamental human rights of employees?
2.1 CONSTITUTIONAL AND STATUTORY FRAMEWORK: WORKPLACE
STANDARDS AND LABOR LAWS AND WORKPLACE RIGHTS AND
REGULATIONS IN NIGERIA.
Nigeria has a longstanding history of labor regulations dating back to the colonial era. During
British rule, initial workplace laws were introduced to govern aspects like working hours,
minimum wage, and worker protections. After gaining independence in 1960, Nigeria has
continued to build upon this legal framework, passing additional legislation to safeguard
employee rights and promote fair labor practices across various industries. Today, Nigeria's
constitution and labor codes outline key standards that employers must adhere to, covering areas
such as workplace safety, compensation, and anti-discrimination policies. Yet despite these
established regulations, concerns persist around the effective enforcement and implementation of
these laws, particularly in sectors with high levels of informality or limited government
oversight.
The Nigerian Constitution is the bedrock of human rights protection within the country. It
provides a clear framework for workplace rights and protections, establishing fundamental
human rights that apply to all citizens, including employees. Section 17(3e) of the 1999
Constitution under Chapter 2 which provides for the Fundamental Objectives and Directive
Principles of State Policy, guarantees “equal pay for equal work and prohibits discrimination in
employment based on sex or any other ground whatsoever”. Section 17(3c) stipulates that state
policies shall safeguard the health, safety and welfare of all persons in employment and protect
them from endangerment and abuse. Additionally, Section 40 guarantees the right to freedom of
association, essential for workers to form trade unions and collectively bargain and for the
protection of their interests. Specific labor laws further delineate workplace rights. The Labor
Act 2004, for instance, provides for minimum wages, working hours, maternity leave, and
termination procedures. However, the effectiveness of these laws is often challenged by poor
enforcement and loopholes.
Nigeria has a longstanding history of labor regulations dating back to the colonial era. During
British rule, initial workplace laws were introduced to govern aspects like working hours,
minimum wage, and worker protections. After gaining independence in 1960, Nigeria has
continued to build upon this legal framework, passing additional legislation to safeguard
employee rights and promote fair labor practices across various industries. Today, Nigeria's
constitution and labour codes outline key standards that employers must adhere to with various
labour laws applying to different categories of labourers and covering areas such as workplace
safety as is peculiar to different sectors i.e. the Factories Act 2004, the Nigerian Mineral and
Mining Act, the Nigerian Nuclear Safety and Radiation Act etc.; compensation as is provided for
under the Employee Compensation Act, and anti-discrimination policies. Yet despite these
established regulations, concerns persist around the effective enforcement and implementation of
these laws, particularly in sectors with high levels of informality or limited government
oversight.
Some of the human right issues prevalent in work environments within the Nigerian system
as a result of work environment policies or constraints imposed by law include:
1) Freedom of Association and Collective Bargaining: Within the sphere of labour
relations, freedom of association takes on added significance, encompassing the
right of workers to form, join or participate in trade unions and engage in collective
bargaining. This allows employees associate for union purposes and partake in
union activities without unwarranted employer interference as was the position of
the court in Non-Academic Staff Union of Educational and Associated Institutions
(NASU) v. Vice-Chancellor University of Agriculture Abeokuta, a fundamental
tenet upheld also by international law. The right to freedom of association is a
fundamental human right that is essential for ensuring workers' ability to collectively
bargain and advocate for improved working conditions. In Nigeria, the law protects
the right of employees to form and join labor unions of their choosing, as enshrined
in the Trade Union Act. This legislation grants workers the freedom to collectively
negotiate with employers through their union representatives, shielding them from
any form of discrimination or retaliation for exercising this right. However, the law
also places certain restrictions on union activities, such as limitations on strikes and
picketing, which can hinder workers' ability to effectively advocate for their
interests. Nonetheless, the framework for freedom of association in Nigeria's labor
landscape provides a crucial safeguard for employees to voice their concerns and
work collaboratively with management towards enhancing workplace standards and
protections. While the right to form unions is enshrined in the constitution,
challenges such as anti-union practices and intimidation hinder the effective
functioning of trade unions. Also the fundamental basis of freedom of association
enshrined in Section 40 is strictly followed by a limitation clause and derogations
under section 45. Section 9(6) of the Labour Act 2004 provides that “No contract
shall make it a condition of employment that a worker shall or shall not join a trade
union or shall or shall not relinquish membership of a trade union; or (b) cause the
dismissal of, or otherwise prejudice, a worker (i) by reason of trade union
membership; or (ii) because of trade union activities outside working hours or, with
the consent of the employer, within working hours; or (iii) by reason of the fact that
he has lost or been deprived of membership of a trade union or has refused or been
unable to become, or for any other reason is not, a member of a trade union.
2) Freedom from Discrimination in the Workplace on Any Basis: Despite
constitutional provisions, discrimination based on gender, ethnicity, religion, and
disability persists in the Nigerian workplace. Wage disparities, limited career
advancement opportunities, and sexual harassment are prevalent challenges.
Workplace discrimination remains a pervasive issue, with far-reaching
consequences for both employees and employers. This troubling phenomenon can
manifest in various forms, including gender-based discrimination, where women
may face barriers to advancement or unequal pay despite equal qualifications. Racial
and ethnic discrimination also persist, with individuals from minority backgrounds
often encountering unfair treatment and limited opportunities. Furthermore, people
with disabilities frequently encounter accessibility challenges and stigma in the
workplace, hindering their ability to contribute and thrive. Section 17 of the
constitution guarantees equality of rights and opportunities for means of livelihood
and securing suitable employment without discrimination on any basis whatsoever.
Article 23 of the UDHR guarantees everyone, without any discrimination, has the
right to equal pay for equal work. Despite constitutional provisions, discrimination
based on gender, ethnicity, religion, and disability persists in the Nigerian
workplace. Wage disparities, limited career advancement opportunities, and sexual
harassment are prevalent challenges.
3) The Right to a Safe Workplace: While Section 17 of the constitution of the
constitution provides that work conditions are to be just and humane and that the
health, safety and welfare of persons in employment are to be safeguarded and
protected against abuse and endangerment, many workplaces within the Nigerian
system, particularly in the informal sector, lack basic safety measures, exposing
workers to hazardous environments. This is especially pronounced in sectors like
construction, mining, and agriculture. The Factories Act 2004 under Part II
addresses issues such as cleanliness, overcrowding, ventilation, lighting, drainage,
sanitary conveniences and the duty of inspectors as to sanitary defects; Part III
comprises of general safety provisions for workers working with machines and other
equipment; Part V deals with special provisions and regulations on health, safety
and welfare. This right is also reiterated for under Article 7 of the International
Covenant on Economic, Social and Cultural Rights (ICESCR).
4) The Right to be Free from Forced or Coerced Labour: Section 73 of the Labour
Act 2004 in tandem with section 34 (c) of the constitution expressly prohibits
forced, coerced or compulsory labour and any person found so doing shall be guilty
of an offence and liable to a fine or term of imprisonment. This is a right guaranteed
under the International Covenant for Civil and Political Rights (ICCPR) as well. The
phrase “any person” used in both legislations is encompassing of every Nigerian
citizen inclusive of employees within a work environment.
2.2 THE LEGAL FRAMEWORK: A DOUBLE-EDGED SWORD
Nigeria's legal framework offers a strong foundation for human rights protection in the
workplace. The 1999 Constitution guarantees fundamental rights as can be gleaned from those
cited above. Additionally, the Labor Act provides specific provisions for minimum wages,
working hours, maternity leave, and termination procedures. However, the effectiveness of these
laws is often hindered by several factors. Nigeria's legal framework for human rights is a
complex tapestry woven from various sources, including the Nigerian Constitution and
international conventions ratified by the country. The 1999 Constitution, as amended, serves as
the supreme law of the land, enshrining fundamental human rights in Chapter IV. Additionally,
Nigeria is a signatory to numerous international human rights treaties, such as the Universal
Declaration of Human Rights and the African Charter on Human and Peoples' Rights, which
further bolster the nation's commitment to protecting individual liberties. Enforcement
mechanisms, including the National Human Rights Commission and the court system, are in
place to uphold these rights. However, the practical implementation of these protections often
fall short, revealing significant gaps and limitations in the system. Factors such as corruption,
inadequate funding, and a lack of political will frequently hamper the effective enforcement of
human rights laws, leaving many Nigerians vulnerable to violations despite the seemingly robust
legal framework.
3.1 ENFORCEMENT CHALLENGES
The Nigerian workplace, like many others, faces significant challenges in ensuring the protection
and enforcement of human rights, labor laws and protection of workers' rights. This study will
delve into these challenges, examining the interplay between Nigerian labor laws and their
practical application. Despite the existence of labour laws designed to protect workers, the reality
on the ground often paints a stark contrast to the ideals enshrined in legislation. Employers
frequently flout regulations with impunity, while workers find themselves caught in a web of
exploitation, unable to assert their rights effectively. The reasons for this enforcement gap are
multifaceted, ranging from inadequate government oversight to a lack of awareness among
workers about their legal entitlements. Moreover, the fear of job loss in a country grappling with
high unemployment rates often silences those who might otherwise speak out against violations.
This complex interplay of factors creates an environment where human rights in the workplace
remain more aspiration than reality for many Nigerian workers.
The enforcement of labor laws in Nigeria is a complex task, hampered by several factors:
1. Weak and Ambiguous Regulatory Framework: The existing legal framework, though
progressive in some areas, lacks comprehensive provisions for certain workplace issues,
such as psychological harassment and workplace bullying. One significant challenge is
the lack of clarity and specificity in certain provisions, leading to ambiguity and
difficulties in enforcement. For instance, while the Constitution prohibits discrimination,
it does not explicitly define what constitutes discrimination in the workplace, leaving
room for interpretation. Also most of the rights providing for the protection of worker
interests under chapter 2 the constitution are non-justiciable and as such unenforceable.
Under section 37 of the constitution, the privacy of citizens, their homes,
correspondences, telephone conversations, and telegraphic communications is guaranteed
which is also inclusive of employees in a work environment. However, this is subject to
some limitations within the work environment as employers are privy to information
stored or located on company computers or devices or on the company’s email server, or
information transmitted by using the company’s internet to the employee’s own private
Gmail account in circumstances necessitating disclosure of said information. Thomas J.
in the case of Beloff v. Pressdram outlined certain instances where the duty of strict
confidentiality may be waived even by employers and employees which include but are
not limited to in as in response to a court order or when reporting illegal activities. None
of the existent laws provides any contemporary privacy regime for employment
relationships including the Nigerian Labour Act. There is no consistent practice around
the collection, storage, and usage of employee private information.
2. Limited Enforcement Capacity: Understaffed and underfunded labor inspectorates
struggle to effectively enforce labor laws, leading to widespread non-compliance.
Understaffed and underfunded labor inspectorates struggle to effectively monitor
workplaces, investigate complaints, and enforce labor standards. Underfunding poses
another significant challenge handicapping the ability of labor inspectorates to conduct
thorough investigations, collect evidence, and take necessary enforcement actions.
Geographic challenges due to Nigeria's large size and diverse geography makes it
difficult for labor inspectors to reach remote areas and monitor workplaces in rural
regions.
3. Informal Economy: The large informal sector, characterized by unregulated
employment, poses challenges for enforcing labor standards. Many businesses in the
informal sector operate without registering with the government, making them difficult to
regulate and monitor. Informal workers often do not have written formal and enforceable
contracts bearing the specifics of terms of employment, making it challenging to prove
employment relationships and enforce labor rights. Workers in the informal sector are
particularly vulnerable to exploitation due to their lack of legal protection and bargaining
power; a benefit provided by trade unions and associations. However, within the Nigerian
legal system, the Trade Union Association’s requirement poses a significant constraint
particularly for smaller work environments, startups and geographically dispersed
workforces. This is so because these groups are effectively disenfranchised, as their
ability to form a union and engage in collective bargaining is hindered by an arbitrary
number of a 50 person membership. This requirement places undue emphasis on quantity
rather than the substantive reasons for the formation of trade union such as protection of
worker rights and interests. These stringent requirements pose a significant challenge to
the realization of the right to freedom of association in Nigeria.
4. Cultural and Social Norms: Deep-rooted patriarchal and hierarchical structures can
hinder the advancement of women and other marginalized groups in the workplace.
Traditional patriarchal norms can limit women's access to employment opportunities,
perpetuate gender-based discrimination, and create barriers to advancement. Hierarchical
Structures: The hierarchical nature of Nigerian society can lead to a power imbalance
between employers and employees, making it difficult for workers to challenge unfair
treatment. Social Pressure: Cultural norms and societal expectations can influence
workers' willingness to report violations of their rights, particularly when it involves
challenging authority figures or facing potential retaliation.
5. Corruption: Corruption such as bribery and extortion within government agencies and
labor unions can undermine the enforcement of labor laws and create barriers for workers
seeking justice. Corruption undermines the accountability of government officials and
labor union leaders, making it difficult to hold them responsible for their actions thereby
perpetuating inequality, reinforcing existing power imbalances and propagating social
and economic inequality.
4.1 RECOMMENDATIONS AND STRATEGIES FOR IMPROVEMENT
1. Strengthening the Legal Framework: The government should review and amend
relevant laws applicable for the protection of employee’s interest within the work
environment in order to address gaps and ambiguities, ensuring that they provide clear
and comprehensive protection for workers. There should be periodic reviews of labor
laws to ensure they remain relevant and aligned with evolving international standards.
There is for instance, no human rights violation if an employer carries out an intrusive
medical examination as a requirement for hiring or proceeds to access, keep and use such
private medical information as a hiring pre-condition however irrelevant to the job and
although section 8(1) of the employment act provides that “Every recruited worker shall
be medically examined under section 8 of this Act”, a careful read of section 8, reveals
a law very lacking in clear details as to the real purpose of this medical examination or
how the information arising from such medical examination should be managed. In other
words, the employment law itself is a clear enabler or the obvious discriminatory practice
by employers. A further look at Section 25-27 of the Act on recruiting bears no mention
of any privacy standard or safeguards. As such, laws should be drafted with a clear and
unambiguous language and intent to minimize the potential for misinterpretation and
abuse. There ought to exist harmonization between all relevant legislations surrounding
the protection of employee interest to avoid inconsistencies and contradictions. To
achieve this, representatives from labor unions, employers, and civil society
organizations ought to be involved in the drafting and amendment processes of labor laws
to ensure they reflect the needs and concerns of all parties.
2. Improving Enforcement Capacity: The labor inspectorates should be adequately
funded and staffed to enable them to effectively monitor workplaces and enforce labor
standards. Allocation of sufficient resources to labor inspectorates will enable them to
hire qualified staff, conduct regular inspections, and investigate complaints effectively
and provide training and capacity building to enhance their knowledge of labor laws,
investigation techniques, and dispute resolution skills. By fostering collaboration between
labor inspectorates and other relevant government agencies, such as the police and the
judiciary, enforcement efforts will be better strengthened.
3. Empowering Trade Unions: Trade unions should be supported and encouraged to play a
more active role in advocating for workers' rights and negotiating better working
conditions. By simplifying the process for registering trade unions and ensure that they
have the necessary legal protection to operate freely this will encourage collective
bargaining between employers and trade unions to negotiate fair wages, working
conditions and benefits, and safeguard the rights of trade union leaders and members to
organize, bargain collectively, and participate in union activities without fear of
retaliation.
4.2 CONCLUSION
The way forward in addressing the challenges of enforcing human rights in Nigeria's work
environment requires a multi-faceted approach. Strengthening enforcement mechanisms is
paramount, necessitating the allocation of more resources to labour inspection bodies and the
empowerment of workers to report violations without fear of reprisal. Equally crucial is the
promotion of awareness and training, not only for employees to understand their rights but also
for employers to comprehend their obligations under the law. This educational push must be
coupled with a concerted effort to address the pervasive issue of corruption, which often
undermines the efficacy of existing legal frameworks. Improving transparency in both the public
and private sectors can serve as a powerful deterrent against human rights violations, fostering an
environment where accountability is the norm rather than the exception. By implementing these
strategies in tandem, Nigeria can begin to bridge the gap between the promise of its labour laws
and the reality faced by its workforce.
In conclusion, the state of human rights in Nigeria's workplace environment remains a pressing
concern. While some labor laws and regulations are in place, their enforcement and
implementation often fall short. Key issues include inadequate worker protections, hazardous
working conditions, child labor, and restricted freedom of association. To improve these
systemic problems, the Nigerian government must take concerted action to strengthen workplace
standards, increase monitoring and accountability, and empower workers to advocate for their
rights. With continued vigilance and reform efforts from policymakers, businesses, and civil
society, Nigeria can strive to fulfill its international human rights obligations and ensure
dignified, safe, and equitable conditions for all workers. Upholding human rights in the
workplace is not only a moral imperative, but also vital for the country's long-term social and
economic development.
