President Muhammadu Buhari
President Muhammadu Buhari
Buhari’s Government Dragged UN over Failure to End ASUU
strike
Socio-Economic Rights and Accountability Project has sent an
urgent appeal to two UN special rapporteurs urging them to “prevail
upon the government of President Muhammadu Buhari and the
leadership of Academic Staff Union of Universities (ASUU) to reach
an agreement to end the ongoing strike action by ASUU, which
continues to have real and dire consequences on the right to higher
education, specifically university education, as guaranteed by the
International Covenant on Economic, Social and Cultural Rights, to
which Nigeria is a state party.”
In the urgent appeal dated 28 December 2018 and signed by SERAP
senior legal adviser Bamisope Adeyanju, the organization said: “By
failing to prevent and end the ongoing strike action by ASUU, the
Nigerian government has defied and breached the explicit
requirements of the right to equal access to higher education by
Nigerian children and young people, under article 13(2)(c) of the
International Covenant on Economic, Social and Cultural
Rights.”
The urgent appeal sent to Ms. Koumbou Boly Barry, Special
Rapporteur on the right to education and Professor Philip Alston,
Special Rapporteur on extreme poverty and human rights argues that:
“The failure by the Nigerian government to reach an agreement with
ASUU has also implicitly made access to higher education a
privilege of the rich and well-to-do rather than a right of every
Nigerian child and young person, as students in private schools
continue to attend classes while those in public universities stay
at home.
According to SERAP, “The failure to end the ongoing strike
action by ASUU is also a fundamental breach of the right to higher
education without discrimination or exclusion, as strike actions
continue to penalise economically disadvantaged parents who have no
means or lack the capacity to pay to send their children to private
schools.
The urgent appeal read in part: “The obligations of the Nigerian
government to create the conditions necessary for the enjoyment of
the right to education include to take preventive measures to
address the root causes of strike action by ASUU and to take steps
to end any strike action in a timely manner when it occurs.”
“It is the responsibility of the government to preserve and
strengthen education as a public good and a matter of public
interest. Without the urgent intervention of the Special
Rapporteurs, the ongoing strike action by ASUU would continue and
this would continue to impede access to university education for
the poor and marginalized.”
“SERAP is concerned that Nigerian students in public
universities have suffered many years of academic disruption as a
result of the failure of successive Nigerian governments to address
the root causes of strike action by ASUU and to timely reach
agreement to end strike action and its devastating consequences on
the right to equal and quality higher education.”
“Persistent strike actions in the education sector have
continued to cause disruption of classes and undermine both the
quality and duration of students’ education.”
“We note that the right to strike is one of the fundamental
means available to workers to promote their interests. However, we
are seriously concerned that the failure by both the Nigerian
government and ASUU to make substantial progress in negotiations
and reach amicable settlement to end the unduly prolonged strike
action has undermined the right of Nigerian children and young
people to higher education.”
“The ongoing strike action by ASUU in Nigeria if not urgently
addressed would continue to have grave consequences for the youth
of our country as well as the country’s development and progress as
a whole.”
“Universal access is an essential prerequisite for the exercise
of the right to education. But the failure by the Nigerian
government to end the strike action by ASUU has contributed to
denying students from disadvantaged backgrounds equal access to
university education, as these students are unable or lack the
capacity to pay to access private schools.”
“This situation has aggravated existing disparities in access to
university education in the country, further marginalizing
economically disadvantaged parents and students.”
“SERAP believes that providing Nigerian children and young
people equal access to higher education should be the core public
service functions of the Nigerian government. Providing public
schools ranks at the very apex of the function of a State.”
“SERAP believes that equal access of Nigerian children and young
people to quality and uninterrupted education including at the
university level would contribute to producing citizens who are
fundamentally equal and people who actively participate in society.
It would enable people to enjoy the rights as well as fulfil
obligations that are associated with citizenship.”
“According to our information, members of ASUU suspended their
academic responsibilities in the first week of November 2018, and
weeks of negotiations with the Nigerian government since then have
yielded no amicable settlement or agreement. ASUU is alleging
failure by the Nigerian authorities to implement 2009 agreement and
the 2013 Memorandum of Understanding.”
“SERAP notes that article 13(2)(c) of the International Covenant
on Economic, Social and Cultural Rights explicitly guarantees the
right to higher education, which includes university education.
According to the Committee on Economic, Social and Cultural Rights,
states parties are required to make higher education including
university education available on equal basis, and to ensure the
progressive introduction of free education at all levels of
education.”
“States parties including Nigeria have obligations to ensure
that the liberty of providing education set out in article 13(4) of
the International Covenant on Economic, Social and Cultural Rights
does not lead to extreme disparities of educational opportunity for
some groups in society.”
“The rights and values enshrined in the Constitution of Nigeria
1999 (as amended) all point to the right to the provision of equal
access to quality education including at the university level.
These rights include human rights, such as the right to equality
and the right to human dignity as well as numerous other civil and
political rights, such as access to information, which cannot be
properly understood or exercised if one is inadequately trained and
uneducated.”
SERAP therefore urged the Special Rapporteurs to put pressure on
the Nigerian government to:
Take immediate action to end the deadlock in negotiations with
ASUU and reach amicable settlement that would ensure that the
universities are reopened without further delay and that students
return to school;
Increase funding and improve investments in infrastructure and
innovation for public universities;
Invest the most in those whose access to education is the most
hampered;
Declare education as an essential service in Nigeria to minimise
the negative impact of strike action on the right to higher
education, including university education
Ms Bamisope Adeyanju
SERAP Senior Legal Adviser