FEATURE ARTICLE

Femi AborisadeWednesday, July 29, 2009
[email protected]
Ibadan, Nigeria

ANNOUNCE THIS ARTICLE
TO YOUR FRIENDS

THE SIGNIFICANCE OF THE 2009 ASUU STRIKE

cademic activities in all 48 Nigerian public universities, comprising 18 Federal Government owned and 30 State Governments owned universities have been paralyzed by the strike action called by the Academic Staff Union of Universities (ASUU) since 22 June 2009, over five weeks ago. Earlier, there was a 2-week warning strike which lasted between 18 May and 1 June 2009. In many cases, the non-academic junior and senior staff unions in the individual universities are also on strike.


advertisement

Since the ASUU strike started, many other unions in other sectors of the economy have taken up the strike baton on a state, regional or nationwide basis. They include National Association of Nurses and Midwives, the Radio, Television & Theatre Arts Workers Union are all on nationwide strike actions over non-payment of monetization allowances. In Oyo State-owned tertiary institutions, in The Polytechnic, Ibadan and the College of Education, Oyo, all academic and non-academic staff unions are also on strike over unprecedented and unequalled tax regime of about18.02 per cent on gross pay, which the unions term 'killer tax'. Several other unions have embarked on strikes. It has been indeed, a season of strikes, a nation practically on strike. Thus, the Nigerian economy has been comprehensively paralyzed by workers actions.

Though the Federal Government has attempted to trivialize the ASUU strike as nothing more than a struggle for the belly, i.e. strike for more pay, the ASUU strike is significant, not just for improved terms and conditions of work for academics, which is legitimate, but also for the defense of the right of workers to collective bargain as against unilateral determination of terms and conditions of work by the employer.

ASUU has explained, in several press statements, that the current strike can be rooted in several agreements signed between the Federal Government of Nigeria (FGN) and ASUU in 1981/82, 1992, 1999, 2001, 2005 and 2006, which were not faithfully implemented by the Federal Government.

The 1981/82 Agreement contained, among others, the establishment and acceptance of the principle of collective bargaining as the main mode by which terms and conditions of work of academics would be determined, among other things. The 1992 Agreement focused on the need for university autonomy and academic freedom. The 1999 Agreement was devoted mainly to academic allowances and other terms and conditions of work, aimed at addressing the twin problem of the rot in the Nigerian education system and brain drain. The 2001 Agreement was based mainly on three items, namely, Salaries and conditions of work, funding, and university autonomy and academic freedom. It contained an understanding that the terms and conditions of work of academics would not be subsumed within the framework of the conditions of service in the civil service. It also contained a clause that the Agreement would be reviewed every three years. This meant that it was due for review in 2004. Despite many reminders and pressures by ASUU to get government to review the 2001 Agreement in 2004, government refused to provide an avenue for re-negotiation. The 2005 Agreement consisted mainly in the undertaking given by Government to constitute its Negotiating Team by 3 May 2005 to review the main agreement of 2001. It was not until 2006 that Government was able to constitute its so called Negotiating Team.

After protracted foot-dragging, the Federal Government Negotiating Team, eventually came up with a Salary Consolidation proposal by which the salaries of university academics would be increased by 15%. ASUU was to either take the consolidation proposal or leave it. This, among others, led to the 2007 strike action by ASUU.

The strike action compelled President Umaru Musa Yar' Adua to give ASUU leadership a private audience on 21 June 2007. At the private audience, the President was reported to have admitted that the rot in the Nigerian education system was worse than a sinking ship, going by his experience when he became Governor of Katsina State in 1999. It was reported that he narrated how secondary school teachers in Katsina state were not conducting laboratory practicals because the teachers did not conduct any during their own training as students. He was also said to have expressed surprise how Nigerian universities could be awarding first and second degrees, and even PhDs with near non-existing facilities, particularly in the sciences. He therefore expressed commitment to ASUU demands. As a first step, he directed ASUU demands to a Presidential Adhoc Committee. The Adhoc Committee met ASUU on 25 June 2007, four days later, after the ASUU-President meeting. According to a letter dated 25 June 2007 and signed by the Permanent Secretary, Federal Ministry of Education, Dr. Aboki Zhawa, President Umaru Musa Yar' Adua had directed, following the briefing by the Presidential Adhoc Committee, to accept ASUU demands in broad terms, details of which were to be negotiated and concluded later. In particular, according to Dr. Aboki Zhawa, President Umaru Musa Yar' Adua directed that the Unilorin 49 lecturers who were sacked in 2001 following a strike action should be reinstated with all their benefits and entitlements paid. But up till date, the age-long ASUU demands, including the reinstatement of UNILORIN 49 have not been addressed. Only five of the 49 who were union officials have recently enjoyed judicial victory, in terms of the Supreme Court judgment, which reinstated them unconditionally.

The Federal Government appears hell-bent on destroying the practice of collective bargaining as the modern mode for determining terms and conditions of work. It represents an attempt to gradually drag society back to the age when individual contracts of employment, as opposed to collective agreements, were predominant. This is the only interpretation that can be given to the public declarations by the Minister of Labour, Minister of Eductaion and the leader of the Federal Government Negotiating team, Deacon Gamaliel Onosode. In separate public announcements, these government officials have simply stated that the Federal Government has increased salaries of university academics by 40%; the demand for retirement at 70 years granted and the other issues of university autonomy and academic freedom shall be discussed with individual Governing Councils. According to Onosode, the 40% salary increase is all that is 'affordable and sustainable' as far as the Federal Government is concerned. He went further:

'�In the light of government's current position on university autonomy and academic freedom as set out in the University Miscellaneous Provisions Amendment Act 2003 as gazetted on January 12, 2007, the proposed salaries and other matters covered by the Provisional Draft Agreement which was initiated by both team leaders, for identification purpose, are now to be concluded by individual university councils with their appropriate staff unions� I should also mention at this point that definitive action has already been taken by government on the issue of funding with a view to improving university infrastructural and institutional facilities and staff development through the Education Trust Fund (ETF). The relevant Amendment Bill is currently before the National Assembly' (The Nation, 11 July 2009: 7-8).

However, the current demonstration by the Federal Government of Nigeria for preference for unilateral determination of terms and conditions of work is not a new development. The 340th Report of the International Labour Organisation (ILO) Committee on Freedom of Association (March 2006: 34 - 36) had earlier condemned Nigeria, stating that the

'�acts of the Government indicate that it was planning to take away the right of university workers to collective bargaining. The NUC which was a participant in the 3 March 2005 Agreement organized a workshop between 31 May and 2 June 2005 for newly appointed chairpersons and members of the governing councils of Federal universities, where each council was directed to negotiate the conditions of service with individual chapters of the ASUU in each Federal university. This decision was aimed, according to the complainant, at undermining and invalidating the renegotiation of the 2001 Agreement which was negotiated centrally on behalf of all the branches of the union. On 18 June 2005, at the convocation of the University of Abuja, the Federal Minister of Education announced that university workers should negotiate with their individual councils, ignoring the existence of the collective agreement of June 2001. At the same time, the Federal Government sent a Bill to the National Assembly, the substance of which was to decentralize negotiations with university unions. According to the complainants, this Bill, if passed into law, would not only violate the right of freedom of association, but also outlaw the right of university workers to collective bargaining' (The 340th Report of the International Labour Organisation (ILO) Committee on Freedom of Association (March 2006: 34 - 36)

The Federal Government's preference for unilateral determination of terms and conditions of work is a reflection of conservative ideology by a conservative and backward ruling class. It reflects an attempt to enslave society by denying the workforce a right to make inputs in the determination of terms and conditions of work. The ASUU strike therefore deserves to be supported by students and the general public, not just for the legitimate aspiration of its members for enhanced salaries and conditions of work, but also for the symptomatic importance it represents for the defense of the right to collective bargaining, the advancement of the right to strike action and the prevention of the education system from the continued rot. Budgetary allocation has been declining from 12% (1999 budget) to 5% (under President Obasanjo's era) and to 2% (in the 2009 Budget). The perennial neglect of the education sector has resulted in poor rating of Nigerian universities. The best rated university in Nigeria, the Obafemi Awolowo University, is rated well above 4000th among all universities in the world whicle it is rated 85th in Africa.

The attitudes of officials and organs of the Federal Government to the current ASUU strike stand condemnable. The Chairman of the Senate Committee on Education demonstrated unacceptable dictatorial tendencies at the meeting convened by the Committee. She reportedly stated '�this meeting has ended', declaring the meeting closed unilaterally, after describing ASUU leadership unpatriotic. The Education Minister, Dr. Sam Egwu, on his part has been making a lot of noise about the estimated additional N20.6bn, which the 40% and 20% salary increases granted university academic staff and the non-academic staff respectively would cost, with a view to creating an impression that ASUU's demands are excessive. But no attempt has been made to compare what ASUU demands with what national legislators earn and the unprecedented looting of national resources. In a fraudulent manner, the Ministry of education also obtained, on 16th July 2009, a purported order of the Industrial Arbitration Panel (IAP), asking ASUU to call off its strike. Meanwhile, according to ASUU National President, Prof. Ukachukwu Awuzie, neither was ASUU aware of the case instituted at the IAP nor did it make any appearance at the Court. By that singular dishonest approach to blackmailing ASUU as lawless, it should be appreciated that the Minister of Education is perpetrating and teaching students and the younger generation, a negative culture, a culture of dishonesty.

Femi Aborisade is a Research Consultant, Centre for Labour Studies, and Lecturer, Dept of Business Administration and Management Studies, The Polytechnic, Ibadan

advertisement
IMAGES IN THE NEWS