SERAP reports FG, ASUU to UN over strike

Socio-Economic Rights and Accountability Project(SERAP) 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.

SERAP said the strike 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 fulfill 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.”