THE NIGERIAN university sector has long been troubled by labour disputes centred around funding, staff welfare, and industrial relations. A primary issue is the federal government’s failure to honour collective agreements it freely entered into with the Academic Staff Union of Universities (ASUU), the Senior Staff Association of Nigerian Universities (SSANU), and the Non-Academic Staff Union of Educational and Associated Institutions (NASU). These agreements are not only unfulfilled but also not renegotiated when due, despite clear provisions for such in them.
To comply with ILO conventions and foster a fair, equitable, and non-discriminatory workplace, the Nigerian government must ensure that all university staff, regardless of their roles, receive equal treatment and remuneration for work of equal value. This is essential for creating a positive and productive academic environment conducive to teaching, research, and learning.
In 2022, the three prominent unions in the sector, ASUU, SSANU and NASU embarked on a prolonged strike action to protest against lack of adequate funding of universities, refusal to renegotiate agreements that have become due and poor working conditions.
The government’s response was to invoke the “no work, no pay” clause in the Nigerian labour law, thereby withholding salaries of members of the three unions during the strike period.
In a controversial move, the government decided to pay academic staff part of their withheld salaries while refusing to pay the non-academic staff. This discriminatory decision has exacerbated existing tensions and highlighted a glaring disparity in the treatment of different staff categories within the university system.
The development has highlighted significantly some sort of apartheid practices by the government, favouring academic staff over non-academic staff. SSANU and NASU represent all non-academic staff in the sector. This apartheid policy has led to considerable unrest and raising critical questions about fairness and equality in the sector.
The Nigerian university system is supported by both academic and non-academic staff, each playing crucial roles in the functioning and success of the institutions. Academic staff are responsible for teaching and research. In contrast, non-academic staff, encompassing administrative, technical, and support roles, ensure the smooth operation of university services, including the fluid operation of the academic staff.
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The non-payment of the withheld salaries to non-academic staff has several severe implications:
Non-academic staff, who often earn less than their academic counterparts, do not engage in extra-curricular activities either within or outside their universities of employment that will attract for them other streams of incomes. As a result, they are more vulnerable to financial instability. The partial payments exacerbate their financial struggles, leading to increased hardship.
This discriminatory practice demoralises non-academic staff, impacting their motivation, productivity and morale. It sends a message that their contributions are less valued, despite their critical roles in the operation of universities.
Favouring one group over the other has strained industrial relations within the university sector. It has fostered resentment and division among staff, undermining the spirit of cooperation necessary for a healthy academic environment.
The non-academic staff believe that the discrimination stems from the fact that government advisers in the sector are chosen from the academia, which they view as unduly discriminatory in favour of their colleagues.
It should be evident that a positive, congenial, safe, and healthy working environment is crucial for the effective functioning of universities. Such an environment is essential for fostering teaching, research, and learning. However, achieving and maintaining this environment cannot be accomplished by academic staff alone. Non-academic staff play a vital role in ensuring the smooth operation of the university through their contributions in administrative, technical, and support roles. Their involvement is crucial in creating a balanced and harmonious workplace.
There are, clearly, legal and ethical consequences of these apartheid practices that perpetually favour academic staff over non-academic staff. One, this discriminatory practice has led to violations of labour laws and conventions, particularly those relating to equal treatment and non-discrimination in the workplace. This can result in legal actions against the government by affected employees or their unions.
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Two, the International Labour Organisation (ILO) has established several conventions that address equal treatment and non-discrimination in the workplace. Key among these are: ILO Convention No. 100 on Equal Remuneration (1951). This convention calls for equal pay for men and women for work of equal value. It mandates member states to ensure the application of the principle of equal remuneration for male and female workers for work of equal value through national laws, regulations, or collective agreements.
ILO Convention No. 111 on Discrimination (Employment and Occupation) (1958): This convention seeks to eliminate discrimination in employment and occupation. It defines discrimination as any distinction, exclusion, or preference made on the basis of race, colour, sex, religion, political opinion, national extraction, or social origin, which nullifies or impairs equality of opportunity or treatment in employment or occupation.
Key Provisions of Convention No. 111: Promotion of Equality of Opportunity and Treatment: According to this provision, governments must declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the policy should aim to eliminate any discrimination in respect of employment and occupation.
Relevance to Non-Academic Staff in Nigerian Universities: The discriminatory practices against non-academic staff in Nigerian universities contravene these ILO conventions. By providing unequal treatment in terms of salary and benefits, the Nigerian Government is not upholding the principles of equal remuneration for work of equal value (Convention No. 100) and is engaging in discrimination based on the nature of the job (academic vs. non-academic), which is against the spirit of Convention No. 111.
Legal and Ethical Implications:
Legal: Violating these conventions could lead to legal actions from affected employees or their unions. These actions might be supported by national and international labour organisations.
Ethical: Discriminatory practices violate the ethical principles of fairness, equity, and justice. They erode trust and morale among non-academic staff, leading to a toxic work environment that hampers overall productivity and cooperation within the university system.
To comply with ILO conventions and foster a fair, equitable, and non-discriminatory workplace, the Nigerian government must ensure that all university staff, regardless of their roles, receive equal treatment and remuneration for work of equal value. This is essential for creating a positive and productive academic environment conducive to teaching, research, and learning.
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Discrimination in the workplace violates fundamental human rights, by denying individuals equal treatment in the instant case based on work role. Ensuring non-discrimination is essential for upholding human dignity and fostering a positive, productive workplace.
Ignoring the importance of non-academic staff and subjecting them to discriminatory policies jeopardises the overall health of the academic institution. It leads to a fragmented workforce where cooperation and mutual respect are diminished. For universities to thrive and fulfil their educational missions, the contributions of both academic and non-academic staff must be equally recognised and valued. Only then can a truly positive and effective environment for teaching, research, and learning be achieved.
The practice has, unfortunately, eroded trust between non-academic staff and the government. When non-academic staff feel unfairly treated, their trust in the government’s ability to manage the sector equitably is compromised, leading to lower morale and productivity.
Favouritism towards academic staff creates a divided and unequal workplace. This can foster resentment, reduce collaboration, and lead to a toxic work environment, negatively impacting overall efficiency and effectiveness.
Perceived acts of nepotism and favouritism can significantly diminish the morale of non-academic staff. Low morale often translates to reduced job satisfaction as well as increased absenteeism, which can be detrimental to the functioning of the university sector.
These actions have significant legal and ethical consequences. Legally, they have led to violations of labour laws, ILO Conventions and human rights infringements. Ethically, they erode trust, create workplace inequality, decrease employee morale, cause reputational damage, and undermine meritocracy.
It lacks fairness, equity, good conscience, and natural justice. It has created an environment where non-academic staff feel undervalued and marginalised.
It should be evident that a positive, congenial, safe, and healthy working environment is crucial for the effective functioning of universities. Such an environment is essential for fostering teaching, research, and learning. However, achieving and maintaining this environment cannot be accomplished by academic staff alone. Non-academic staff play a vital role in ensuring the smooth operation of the university through their contributions in administrative, technical, and support roles. Their involvement is crucial in creating a balanced and harmonious workplace.
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Ignoring the importance of non-academic staff and subjecting them to discriminatory policies jeopardises the overall health of the academic institution. It leads to a fragmented workforce where cooperation and mutual respect are diminished. For universities to thrive and fulfil their educational missions, the contributions of both academic and non-academic staff must be equally recognised and valued. Only then can a truly positive and effective environment for teaching, research, and learning be achieved.
To foster a fair and productive university sector, it is crucial for the government to address these issues and ensure equitable treatment for all staff members.
Comrade Takor was a two-term President of NASU, a two-term National Treasurer of NLC and an inaugural member of the Board of PenCom. Comrade Takor retired as a Director in federal service and is now a Lagos-based legal practitioner. He is an alumnus of the National Institute of Policy and Strategic Studies (NIPSS), Kuru-Jos, Plateau State.
