Buhari
An appeal has been sent 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 Socio-Economic Rights and Accountability Project, 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; and 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
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