Paying ASUU members half salaries unlawful, SERAP tells Buhari
SERAP is also urging him to “direct Mr
Ngige and Mr. Okolieaboh to pay ASUU members full salaries for the duration of
their strike action.”
The Federal Government recently allegedly
paid half-salaries to members of ASUU for the month of October, 2022. Some
professors reportedly received salaries ranging from N71,000 to N121,000 for
October.
In the open letter dated November 5, 2022, by SERAP deputy director Kolawole Oluwadare, the organisation said:
“Paying half salaries to ASUU members solely for exercising their human rights
is patently unlawful and incompatible with the Nigerian Constitution 1999 [as
amended] and international standards.”
SERAP said, “The alleged deductions from
the salaries of ASUU members also amount to punishing them for exercising their
right to strike.”
The letter, read in part: “The deductions
are illegal and disproportionate. The deductions may also be construed as a
deliberate attempt to take away the right to strike, and to make ASUU a lame
duck.
“The right to strike implies the right of
workers not to be punished for striking. ASUU members do not therefore forfeit
their salaries because they exercise their right to strike.
“We would be grateful if the recommended
measures are taken within seven days of the receipt and/or publication of this
letter. If we have not heard from you by then, SERAP shall take all appropriate
legal actions to compel your government to comply with our requests in the
public interest.
“Illegal deductions from the salaries of
ASUU members may also violate the right to work, and to respect of the dignity
inherent in a human being.
“The deductions are also incompatible with
the prohibition of all forms of exploitation and degradation of man
particularly cruel, inhuman or degrading punishment and treatment.
“The deductions also implicitly violate the
right of members of ASUU to an adequate standard of living for themselves and
their families, including to the continuous improvement of living conditions.
“Strikes are an essential means available
to workers and their organizations to protect their interests.
“The right to strike is an intrinsic
element of the right of association recognized under the Nigerian Constitution,
ILO conventions, and human rights treaties to which the country is a state
party.
“Indeed, the right to strike and that of
entitlement to full pay for days of strike are essential elements of trade
union rights.
“Paying ASUU members or any workers half
salaries solely for lawfully and peacefully exercising their right to strike
constitutes an impermissible restriction on the right to freedom of association
including the right to strike, which is an essential element in the principle
of collective bargaining.
“The application of any purported ‘no work,
no pay’ rule to deduct from the salaries of ASUU members would be clearly inconsistent
and incompatible with the Nigerian Constitution and international standards.
“The right to strike is a keystone of
modern industrial society. No society which lacks that right can be democratic.
Any society which seeks to become democratic must secure that right.
“The ILO Committee on Freedom of
Association has stated that the imposition of sanctions for strike action is
not conducive to harmonious labour relations.
“According to the Resolution concerning the
Abolition of Anti-Trade Union Legislation in the States Members of the
International Labour Organisation, member states including Nigeria must ‘ensure
the effective and unrestricted exercise of trade union rights, including the
right to strike by workers.’
“Another ILO resolution, titled,
‘Resolution Concerning Trade Union Rights and their Relation to Civil
Liberties’ called for action in a number of ways ‘with a view to ensuring full
and universal respect for trade union rights including the right to strike in
their broadest sense.’
“Protecting fundamental human rights
including the right to strike is not simply about States fulfilling their legal
obligations. It is also about them creating democratic and equitable societies
that are sustainable in the long run.
“Without protecting a right to strike,
freedom of association, in particular the right to organize activities for the
purpose of promoting and protecting workers’ interests, cannot be fully
realized.
“Our requests are brought in the public
interest, and in keeping with the requirements of the Nigerian Constitution;
and the country’s international obligations including under the International
Labour Organization [ILO] Conventions, the African Charter on Human and
Peoples’ Rights, and the International Covenant on Economic, Social and
Cultural Rights to which Nigeria is a state party.
“SERAP notes that ASUU recently suspended
its eight months industrial action following interventions from the Court of
Appeal, which upheld an earlier decision from the National Industrial Court
NIC.”
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