Editorial
Criminalising Casualisation, Job Outsourcing
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The fact about the alarming data released by the organised private sector unions indicating that over 70 per cent of Nigeria’s workforce in the private sector is casualised is no longer news. Casualisation is the practice of employing temporary staff for short periods rather than make them permanent staff. Unfortunately, this phenomenon, aimed at saving costs, is gradually creeping into the public sector.
Under the arrangement, the worker is not entitled to any perks such as transportation, leave, medical allowances or special benefits package. Besides, the worker’s take-home pay is so miserable that it can hardly take him/her home. To make matters worse, the typical casual worker gets a miserable N500 per day.
But then, casualisation is thriving because of the high rate of unemployment, even though it contravenes Section 7 (1) of the Labour Act, Cap 198, Laws of the Federal Republic of Nigeria, 1990. The Act provides that, “Not later than three months after the beginning of a worker\’s period of employment with an employer, the employer shall give to the worker a written statement specifying the terms and conditions of employment, which include the nature of the employment and if the contract is for a fixed term, the date when the contract expires.”
As if to boost the Labour Act, Section 17(a) of the 1999 Constitution condemns casualisation because it is at variance with its provisions, which guarantees equal pay for equal work. Furthermore, Convention 153 of the International Labour Organisation (ILO), which Nigeria is a signatory, does not support any form of discrimination in the workplace.
In fact, the section holds that casualisation is out of tune with 21st Century best practices. Hence, the discrimination in pay between permanent and casual employees should not exist. Besides, the section frowns against discrimination on account of sex or any grounds whatsoever.
But casualisation is growing at a worrisome rate as available statistics show that preponderance of casual workers is in the telecommunications, oil and gas, banking, insurance, mining and steel sectors. To put it in proper perspective, available statistics shows that about 70 per cent of workers in most of these companies are on casual fringes. Sadly, outsourcing is also used interchangeably with casualisation in all these sectors as a ploy to avoid regularising their employment.
More disturbing is that expatriate companies, mainly those owned by Chinese and Indians, are the worst culprits. Nigeria is a haven for their illicit and inhuman ventures. But can they succeed without connivance with unpatriotic, highly-placed Nigerians? The answer is no.
There is no gain emphasising the fact that Nigerian workers, through the Nigeria Labour Congress (NLC), have been battling unrelentingly to eradicate casualisation, but the desired result is yet to be achieved. Therefore, a legislation to end casualisation becomes necessary and urgent.
It is against this backdrop that The Tide welcomes the recent move by the House of Representatives to criminalise employing workers on casual contracts beyond six months and the prohibition of outsourcing of jobs to third parties, while any casual workers sacked by an employer after six months will be entitled to the benefits of full-time workers for six months, being proposed in the Labour Act (Amendment) Bill 2019 awaiting second reading by the House.
According to the proposals, the amendment to Section 8 of the Principal Act would now read, “(1) Every worker in Nigeria engaged or employed by and has remained in such employment for a period of not less than six months shall have his employment or engagement regularised by the employer as a full and permanent worker of such employer with all its accompanying entitlements.”
The new Section 9 of the principal Act will now read, “(1) Notwithstanding Section 25 of this Act, an employer, who has obtained the Minister’s licence, employment outsourcing by such employers within its core aims and objectives of operation is hereby prohibited. It is an offence for an employer to pay another person, whether corporate or natural person, for services rendered to it by its worker.”
Recently, the Campaign for Democratic and Workers’ Rights in Nigeria, a non-governmental organisation, heightened fears that the situation would worsen as employers prefer to outsource staff.
We, therefore, see the proposed law which states that failure by any employer to comply with Subsections 1 and 2 will constitute an offence, which will attract a two-year sentence, N2 million fine or both as concrete efforts towards protecting workers in the country.
Although the rapid increase in both the casualisation and outsourcing trends is attributed to the global economic and employment crises that have continued to threaten the future of developing economies such as Nigeria, its continuing practice remains a serious challenge to the nation.
We are not oblivious of the characteristics of casualisation in concrete terms; the act forbids the employment of workers beyond three months without employment letter detailing the conditions of service, among other provisions of the act. But in all sectors of the Nigerian economy, this law is only obeyed in the breach by employers with impunity and without qualms. In both public and private sectors, what is known as precarious or casual worker is the trend.
While we also appreciate move by the Senate to stem the tide, we believe that the situation requires a more desperate intervention. Casualisation is a modern-day slavery. To associate our economy with it will continue to diminish high profile rating that Nigeria expects among the comity of nations. Therefore, nothing less than speedy passage of the amendment bill is expected.
Editorial
New Federal Varsity In Ogoni
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President Bola Ahmed Tinubu has made history by signing into law a bill that establishes the Federal Univer-
sity of Environment and Technology in Ogoni, Rivers State. This significant occasion marks a bold step forward not only for the Ogoni people but also for the Niger Delta region and Nigeria as a whole. It signifies a commitment to education, environmental sustainability, and technological advancement.
For the Ogonis, who have long been impacted by environmental challenges, the university represents a beacon of hope. It is more than just bricks and mortar; it is a symbol of empowerment and a pathway to a brighter future. This development is akin to a seed, planted with the promise of a flourishing harvest of skilled professionals.
The university’s emphasis on environmental technology is extremely important, especially given Nigeria’s climate crisis. Education plays a crucial role in developing sustainable solutions. The institution will provide students with the necessary skills and knowledge to address the environmental challenges affecting the Niger Delta region and beyond. This will have a momentous impact.
Signing the bill, the President praised the Ogoni people’s resilience and unity. He stressed that the institution would mark a “significant milestone in our national journey towards environment justice, education and sustainable development”. Tinubu said the university is a reaffirmation of his administration’s “unwavering commitment to the people of Ogoni, the Niger Delta and the nation as a whole. For decades, the Ogoni people have been at the forefront of fight for environmental restoration and sustainable development, shaping both national and global conversation of these critical issues.
“By signing this bill into law, we are taking a decisive step towards addressing historical grievances and creating new opportunities for learning, growth and prosperity. The university will serve as a centre of excellence, equipping young Nigerians with the knowledge and skill to tackle present environmental challenges, drive clean energy solutions and contribute to our national sustainable economic development.”
We commend President Tinubu for his visionary decision to establish the much-needed institution aimed at fostering development and progress. This initiative is a testament to his commitment to addressing critical social and economic knots and creating opportunities that will benefit the people. The President has laid a solid foundation for sustainable growth while demonstrating a genuine desire to empower and advance the nation’s collective interests.
In addition to his commendable action, we applaud Tinubu for initiating peace talks to bring stability and reconciliation to the troubled area. The decision to engage in constructive dialogue demonstrates a deep understanding of the relevance of inclusive governance and the role of peace in fostering meaningful development. For decades, Ogoni has endured turmoil and neglect, impeding its potential and the return of oil exploration activities.
By opening the door to peaceful negotiations, the President has made a bold and necessary move towards healing fractured relationships and fostering trust among stakeholders. This initiative holds the promise of ensuring that the voices and needs of the Ogonis are heard and respected. We urge all parties involved to seize this golden opportunity for lasting peace and progress. It is only through unity and mutual respect that the full potential of Ogoni, and by extension the nation, can be realised.
As steps are taken to acknowledge and remediate the damage caused by years of oil exploration and production, the Ogonis must reciprocate Mr. President’s gesture by fostering a climate of equanimity and stability. This will ultimately pave the way for the resumption of oil exploration and production. This is not a call to forget the past, but a pragmatic recognition that meaningful change and sustainable development require a collaborative approach.
The Federal Government has a responsibility to ensure that all academic disciplines offered by the new university are fully accredited to maintain the integrity and quality of the school. Without proper accreditation, the institution risks producing graduates who are ill-equipped to compete in the global workforce or contribute substantially to national development. Accreditation serves as a benchmark that ensures programmes meet academic standards and adhere to best practices across various fields of study.
Staff recruitment should be conducted carefully, as the individuals brought into a team can greatly influence an organisation’s performance, culture, and long-term success. The primary focus of recruitment efforts at the university should be on attracting the best candidates who possess the necessary skills, qualifications, experience, and values. Merit should be the guiding principle in decision-making throughout the hiring process, rather than favouritism or personal bias.
For a nation to thrive in the 21st century, a strong higher education system is not only desirable, but essential. Universities serve as the catalysts for innovation, the breeding grounds for future leaders, and the foundations of a knowledge-based economy. The Federal Government must acknowledge this vital role and take intentional actions to properly fund the university in Ogoni and develop infrastructure to ensure it meets international standards. Neglecting this responsibility would put its future prosperity and global competitiveness at risk.
This institution must not suffer the same fate as other federally-owned universities that have been left to decay. That will be a disservice to its purpose and potential. Many government-owned universities in the country have struggled with dilapidated infrastructure, underfunding, insufficient staffing, and interruptions caused by industrial actions due to unpaid wages or poor working conditions. These challenges have led to declining standards in education, putting both students and staff at a disadvantage. The Ogoni University must not be another victim of this worrying trend.
Editorial
HIV, Transiting From Donor Dependence
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The initial announcement by United States President, Donald Trump, to cut funding for international
HIV/AIDS initiatives sent shockwaves through the global health community. In Nigeria, a country facing a significant HIV/AIDS burden, the potential consequences were dire. However, the subsequent waiver granted by the administration has provided a lifeline for the millions of Nigerians who rely on the President’s Emergency Plan for AIDS Relief (PEPFAR) for their treatment and support.
PEPFAR has been an important partner in Nigeria’s fight against HIV/AIDS. Since its inception in 2003, PEPFAR has committed more than $7.8 billion to the country, catering to approximately 90 per cent of HIV treatment requirements. With this funding, Nigeria has been able to enhance its HIV prevention, treatment and support services and has witnessed a reduction in HIV/AIDS deaths.
The waiver granted by the Trump administration guarantees that PEPFAR’s life-saving medicines and medical services will continue to reach the needy. Antiretrovirals (ARVs) are the most common type of medicine used to treat HIV and reduce the virus’ spread. Through the provision of ARVs, PEPFAR helps prevent the spread of HIV and enhances the quality of life of those with the condition.
Although Nigeria was recently exempted from the requirement, the signs are evident: the country has to graduate from dependence on donor funds for its HIV/AIDS control programmes. Over the years, partners including the U.S. government have been central to the provision of treatment to people living with the virus. However, it is time for Nigeria to own its national response to HIV/AIDS.
Nigeria’s HIV/AIDS burden remains critical, accounting for 10 per cent of the global total. In 2023 alone, there were 75,000 new infections and 45,000 HIV-related deaths. The battle against Mother-to-Child Transmission remains challenging, with only 35 per cent of the target 75 per cent being met. Nearly 1.7 million Nigerian children have been orphaned due to HIV. Vulnerable populations, especially women and children, continue to disproportionately suffer.
To transition away from donor dependence, a multifaceted approach is necessary. Firstly, the country must increase its domestic financing for HIV/AIDS programmes. This can be accomplished through innovative funding mechanisms, such as leveraging public-private partnerships and exploring local revenue sources. Secondly, the government needs to strengthen its healthcare system to ensure equitable access to testing, treatment, and care. This involves expanding access to antiretroviral drugs, investing in community-based models, and addressing the stigma associated with HIV.
Thirdly, Nigeria must prioritise prevention efforts. This entails promoting condom use, providing comprehensive sexual education, and increasing awareness about the risks and modes of transmission. By focusing on prevention, the country can decrease the incidence of HIV infections and ultimately lessen the burden on its healthcare system.
Finally, Nigeria should develop a sustainable human resource strategy for its HIV/AIDS response. This involves training and equipping healthcare workers, engaging community volunteers, and empowering people living with HIV to advocate for their rights. A well-trained workforce is essential for delivering high-quality services and ensuring the long-term success of the response.
The transition beyond donor dependence is a complex but necessary journey for the country. By increasing domestic financing, strengthening healthcare systems, prioritising prevention, and investing in its human resources, the country can create a sustainable and effective response to HIV/AIDS. Also, the government should consider alternative funding mechanisms, such as increased domestic funding, public-private partnerships, and philanthropic initiatives. The time to act is now, for the well-being of present and future generations.
Nigeria’s National Agency for the Control of AIDS (NACA) has made momentous strides in combating HIV/AIDS, including expanding access to testing, treatment, and education. However, challenges persist, hindering the effectiveness of these efforts.
One major obstacle is limited access to healthcare facilities, particularly in rural areas. This impedes timely diagnosis and treatment, reducing the likelihood of optimal outcomes for those living with HIV. Additionally, stigma surrounding the disease remains a formidable barrier, preventing individuals from seeking testing and care. Inadequate awareness campaigns further contribute to low testing rates and delayed diagnosis.
Addressing these challenges requires concerted action by the government and stakeholders. Allocation of adequate funding is crucial to expand healthcare infrastructure and ensure the availability of essential services. Moreover, targeted interventions to reduce stigma and promote awareness are vital for increasing testing and early detection.
Collaboration between civil society organisations and grassroots movements is also essential for advocating for protection of HIV funding. Advocacy campaigns can mobilise public support and pressure lawmakers to prioritise the fight against HIV/AIDS. By addressing these challenges and ensuring sustainable funding, Nigeria can depend less on donor countries, drastically reduce HIV transmission, and provide the necessary care to those affected by the disease.
Editorial
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