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The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government - Education - Nairaland

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The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government by drered(m): 4:19pm On Oct 12, 2013
Came across this on facebook and its quiet revealing if true.

via facebook:

THE PURPORTED FG-ASUU AGREEMENT!!!
The reader is warned that this piece contains the
implied opinion of the writer. The reader is also free to draw conclusions. Thanks to Qawiy Temitope for this excellent piece, I am much indebted.

ASUU Part Quatre: We Have An Agreement
Before you complain that Peter Jackson’s Lord of
The Rings only had 3 parts, I have 2 words for you – The Hobbit. First of all, shout out to the good man who dug up this agreement, scanned
it and emailed it to me. As we say here in Blighty;
you Sir, are the dog’s bollocks. Thank you.
I think the first thing that struck me about this
agreement is how strong ASUU are as a union. I wonder how other unions will feel if they see the
kind of stuff ASUU managed to extract from
government. Part of the reason for this, in my opinion, is immediately obvious when you look at the list of the people who negotiated for both sides. While the ASUU delegation was led by its President and senior members, the government side was led by Gamaliel Onosode and some other Professors and ex Pro-Chancellors. The
highest ranking members of the negotiating team from the government side appear to be some civil servants who acted as observers’.

This is not to invalidate the agreement of course – the government clearly signed it so they should honour it. But when you look at the composition of people purportedly negotiating on behalf of the government, ASUU were already 1 nil up even before anything was signed. Does anyone know why things were done this way? Was it that relations between government and ASUU had broken down to the point where they couldn’t sit round a table and trash out the issues? Not even a minister? To the agreement proper – there were 4 main issues to be negotiated
namely
1) Conditions of service [salaries]
2) Funding
3) University autonomy and freedom
4) ‘Other matters’.

Here are the highlights of the agreement as I saw them
1. ASUU asked for and got a special salary structure for themselves called Consolidated University Academic Salary Structure II(CONUASS).
This CONUASS was further made up of 3 components –

1) CONUASS I [the previous one from 2007]
2) Consolidated Peculiar University Academic
Allowances [CONPUAA]
3) Rent.
The CONPUAA was apparently to capture all the other allowances that they wanted but not captured in the CONUASS. Stay with me. The reason why they were allowed this was because the committee agreed that ‘Nigerian academics represent the critical mass of scholars in the society’ and as a result of this they ‘deserved unique conditions that will motivate them [...]
to attain greater efficiency’.

2. In exchange for this new pay, ASUU agreed to be of good behaviour and not do anything that disrupts the academic calendar to get whatever it wants i.e. no striking.

3. Next thing they did was to look at the countries where Nigerian academics frequently migrated to e.g Botswana, Ghana and other developed countries. Based on this they came up with a salary structure that would prevent this kind of brain drain. They called this Table 1. The highest salary anyone could earn based on this table was N7.5m per annum. But ASUU then seemingly looked at the government’s condition and took pity on them because the government didn’t have a lot of money and then gave them some sort of ‘discount’. This gave birth to Table 2 in which the highest possible salary was N6m. The cynic in me thinks this was simply a clever negotiating tactic but I wasn’t there.

4. As far as I am aware from all of ASUU’s statements since the strike began, the government has complied with this CONUASS
salary structure. Indeed it will be difficult for the government to not pay them the salary they agreed to. It is the next bit that seems to have caused all the problems and it’s easy to see why.
Something called Earned Academic Allowances was also agreed to by both parties. In essence, this was supposed to be a kind of piece-rate payment where ASUU members as academic staff were paid a fixed amount for each
unit of work they did. So for supervising postgraduate students, a Professor was to be paid N25,000 per student while a Lecturer 1 and Senior Lecturer were to be paid N15,000 and N20,000 per student respectively.

For Teaching Practice/Industrial Supervision/Field Trips, a Professor was entitled to N100,000 per annum. Further, if a Professor did more than one field trip in a year, he would be paid separately for each one. Even though
this money was for field trips, such an academic
staff would be entitled to mileage and overnight allowance in line with government regulations. It’s unclear why, after being paid N100,000 for a field trip, the same person will then be entitled to mileage and overnight allowance. What is the definition of ‘field trip’ I wonder?

There was also Honoraria for helping to conduct exams internally or externally ranging from N45,000 for Master’s to N105,000 for Doctorate. For moderating external undergraduate or postgraduate exams, there was a separate honoraria ranging from N60,000 for 50 undergraduate students to N80,000 for more than 10 postgraduate students. To encourage young academics to ‘further’, postgraduate study grants were to be given – N350,000 per session (up to a maximum of 2 sessions) for a science based masters and N500,000 per session (up to a maximum of 4
sessions) for a science based doctorate. The figures were N250,000 and N350,000 respectively for non science studies. I am not too familiar with the intricacies of academia but another N200,000 was to be paid to external assessors for the position of Reader and
Professor. Call duty and clinical hazard allowances were to be paid to those who qualified to them per existing government regulations.
It is unclear what a Responsibility Allowance is (at least to me) but a Vice Chancellor and Librarian were entitled to N750,000 per annum for this allowance while ‘all other officers’ were entitled to N150,000. Excess Workload Allowance was to be paid per hour to teaching staff ranging
from N2,000 per hour for a Graduate Assistant to N3,500 per hour for a Professor.

You can see the problem with these allowances – there is no way for the government to know how much they will cost in advance. They could cost N10bn or they could cost N100bn. Lecturers would simply submit the bills and the government would have to cough up the
money. You can also see that ASUU played a clever hand by giving the government a ‘discount’ on the base salaries while loading up with all sorts of allowances elsewhere.
For a lecturer earning say N3m per annum, it wonttake much for he/she to earn an extra say 50% of that salary through all these allowances.
The government isn’t there on the campus so it will simply get the bill to pay. And I have not even mentioned corruption.

5. There were other non-salary benefits in the
agreement as well. Each academic staff was entitled to a car loan equivalent to his/her annual salary charged at 2% for administrative cost (stop laughing). They were also
entitled to a car refurbishment loan for those who wanted to refurbish their old cars, again charged at 2%. At least with a car loan you get to see the new car if you want to, but refurbishment? That’s just money in the bush.
For housing loans, each academic was entitled to 8 times his/her annual salary to buy a house. After 6 years service, an academic would be entitled to a sabbatical leave. If this sabbatical was abroad, the university would pay
the ‘transport’ costs for the academic, a spouse and up to 4 children. If hospitalised, an academic would be entitled to 6 months paid sick leave which could be extended for another 6 months.

Retirement age was increased from 65 to 70 and
any one who retired as a Professor would be entitled to a pension equivalent to his/her final salary.
Indeed even if the Professor retired before the
retirement age of 70, he would still be entitled to the final salary pension provided he had served as a Professor for 15 years in a university.
University staff and their spouses as well as up to 4 children under the age of 18 were entitled to health insurance. There are various other benefits in the agreement but these are mainly standard stuff like maternity and 26
days leave. What I find interesting is that while the section on pay was quite specific in what university staff were entitled to, as soon as you get to the other sections, everything turns to a ‘recommendation’. So for example it was
recommended that the government spend N472bn on the universities in 2009, N498bn in 2010 and N549bn in 2011.

Somehow, the Federal Government was also supposed to fund the State Universities (at least
recommended to) on a per student basis i.e. N3.7m per student in total from 2009 to 2011.
Another recommendation was for the state and
federal governments to spend a minimum of 26% of their budgets on education. Of this amount, at least 50% was to be allocated to universities. Bear in mind that this was a
negotiation between ASUU and the FG – the primary and secondary school
interests were not represented there but ASUU was effectively making a recommendation on how much they should get from the budget. In all this, there are 1.2m students in our universities while we need to find a way to get 10.5m children into school.

It was also recommended that the Education Tax
Fund be changed to a Higher Education Fund i.e. solely for the universities, polytechnics and
colleges of education. This would be hilarious if it wasn’t so scandalous – after taking 50% of the budget, the universities were to take 100% of the ETF as well. You couldn’t make it up but then, when you start negotiations from the premise that there is a critical mass of nation transforming scholars in our universities, this is not a surprise. I wonder if the mumu NUT who are threatening to go on strike in solidarity with ASUU know that ASUU don’t really give a toss about them.

Universities were also to access the Petroleum
Technology Development Fund (PTDF) for the training and development of their staff i.e. more money for ASUU and government was to grant universities duty-free importation rights
for educational materials. Given that even our
churches have been known to terribly abuse such waivers in the past, this is amusing to say the least. Where the agreement descends into outright farce is when it reaches the section on autonomy. Having demanded and obtained all the above things from the government, ASUU then proceeded to add insult to injury by asking
that university autonomy and academic freedom should be ‘enhanced and protected’. Note that this agreement wasn’t exactly
reached with smiles and good-natured banter – it came after a strike that eventually forced the
government to the negotiating table. So ASUU were not only asking the government to give them as much money as they could demand with a straight face, they were asking to be left alone to spend it and run their affairs as they wish ranging from changing the laws impeding university independence to allowing them admit students as they saw fit. You want the government to look after you and your family by paying everything you want and you want the same government to grant you freedom and
autonomy. Eh?

As I’ve said several times before – this dispute is all about pay and nothing else. The thing with recommendations is that they are just that; recommendations. You cant take someone to court for not following a recommendation. So it was up to the government to follow those parts of the agreement or not. But ASUU weren’t messing about with the parts that concerned them. The numbers were clearly specified which is why today they can say the government is owing them N92bn in earned allowances or
whatever the figure is. It is also the same reason
why the government feels it can throw N30bn at them and ask them to ‘manage’ it. Afterall its ASUU’s word against the government’s.

You hardly come across the word ‘student’ in the agreement at all. And there is nothing specific about infrastructure in there other than the large sums of money the government was supposed to give the universities. There are many people today making ignorant noises about government ‘honouring the agreement’ and even coming up with things that are not in said agreement as ‘ASUU’s demands’. There really isn't anything for anyone in here other than ASUU so personally I’d say, leave them to fight it out with government.

Who in Nigeria wont like free medical insurance for their family? This is why i get confused when the whole debate about education comes down to pay. Even if we had the best universities in the world, there will still be a case for paying our lecturers more. 99.9% of humans beings, when asked if they wanted more pay, will respond ‘Yes’. So why exactly is this the pillar on which the arguement always rests? You can also see the sinister side of ASUU in the draft amendment bill with the way they were eager to tightly regulate the private universities via the
NUC to protect themselves… going as far as
recommending up to 5 year jail terms with no option of fine for anyone who so much as uses his property for the operation of an unapproved university.

Be that as it may, I think the government should
honour this agreement. It should pay every last penny. That is the only way it might learn a lesson for the future. How you can send a team of ex- academics to negotiate with a team of academics on your behalf is beyond me. But hey, I don’t know what went down in those days. Once this strike is over, prepare for the next one
because as sure as night follows day, it will come.
Ultimately this document shows the impossibility of reaching an ‘agreement’
after one party has forced a negotiation via hostage taking. There is absolutely no way in this life or the next we are going to have anything
approaching education reform until we break out of this death spiral of strikes and pay deals. The conversation we need to have has not even
begun at all. My suggestion will be that the government should just pay ASUU whatever it is it wants right now and then begin talks on university reform i.e. the lecturers need to be in class when negotiations start. That
way, we can know what everyone really wants. [
Re: The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government by drered(m): 9:27am On Oct 13, 2013
.
Re: The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government by fabby26(m): 2:41pm On Oct 13, 2013
Hmmmmm.......Short of Words!
This report is full of substance o. Only God will help us in this country called naija, who else can one turn to.
Re: The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government by mcdokwe(m): 5:15pm On Oct 13, 2013
I actually came to this board to ask if anyone knew the content of the agreement having heard that ASUU also wanted the retrenchment of up to 40% of non-teaching staffs. Now these are bunches of ala-adinma them that need be sacked for their greed
Re: The 2009 Agreement: The Cause Of The Face Off Between ASUU And The Government by drered(m): 6:31pm On Oct 13, 2013
fabby26: Hmmmmm.......Short of Words!
This report is full of substance o. Only God will help us in this country called naija, who else can one turn to.

That should have been NANS but hey its Nigeria.

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