ODA for basic education

1. ODA for basic education

2. What is the Global Campaign for Education? • A ‘coalition of coalitions’ from over 100 countries worldwide • A unique alliance-INGOs, teachers’ unions and education rights activists advocating for the right to Education For • Most authoritative united CS voice on education – highly regarded by a range of global stakeholders • One of the biggest single mobilisations – Global Action Week – is taking place this April!

3. The Right to education; What is it • 1948; The Universal Declaration of Human Rights: Article 26 • Everyone has the right to education. • Education shall be free, at least in the elementary and fundamental stages. • Elementary education shall be compulsory. • Technical and professional education shall be made generally available • Higher education shall be equally accessible to all on the basis of merit. • Education shall be directed to the full development of the human personality • Parents have a prior right to choose the kind of education that shall be given to their children.

4. The Right to Education-What is it? • 1959/1989: The UN Convention on the right of the Child: Article 28 1. States Parties recognize the right of the child to education. With a view to achieving this right progressively, they shall, in particular: (a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational information and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

5. International Conventions • The Universal declaration of human rights adopted by the UN GA in 1948 • Declaration on the Rights of the Child, adopted by the UN GA in 1959 • Convention against Discrimination in Education, adopted by UN GA in 1960 • International convention against elimination of all forms of racial discrimination, adopted by UN GA in 1965 • International Convention on Economic, Social and Cultural rights adopted by The UN GA in 1966-Articles 13 and 14 • Recommendation on education for international understanding and cooperation and peace and education relating to human rights and fundamental freedoms, adopted in 1974 • International charter of physical education and sport, adopted in 1978

6. International Conventions • Convention on elimination of all forms of discrimination against women (CEDAW), adopted by UN GA in 1979 • Convention on technical and vocational education, adopted in 1989, • Convention on the rights of the child, adopted by UN GA in 1989 • World Declaration on education for all, adopted by the World Conference on Education for All, in Jomtien, Thailand, 5-9 March 1990 • The Hamburg Declaration on Adult learning, adopted by the International Conference of adult Education in 1997 • The Dakar Framework of Action: Education For All: Meeting our collective commitments, adopted by the world education forum, Dakar Senegal, 26-28 April 2000 • Revised recommendations concerning technical and vocational education, adopted in 2001

7. The Right to Education-and How to use it • Available • Accessible to all-non discriminatory • Acceptable-relevant content, good quality, safe • Adaptable-evolves with the changing needs of society

8. Rights Based Approach (RBA)-What is it? • RBA involves using the International law to push for the enforcement of human rights at all levels. • RBA is concerned with advocacy for economic, social, cultural and political rights • RBA has advanced over the last decade policy-makers open to the rights language, • Advocacy for socio economic rights challenging for 2 main reasons • The elusive legal and budgetary challenges of enforcement • The ideological differences about who is responsible for addressing poverty and inequality

9. Advantages of Rights Based Approach • Legally binding instruments: International conventions are legally binding on state parties that adhere to it as soon as it has been ratified, accepted or acceded to in sufficient numbers to enable it come into force. • Domestically enforceable. Available legal means to secure compliance can be sought locally to enforce the state legal obligations • Core content of a right : Individuals’ entitlements are well defined • State obligation: Obligations of the state are clear- to respect, protect, and fulfill the entitlements under these rights; • RBA uses is based on international standard of accountability. Governments and the international community can be held to account • Obligation of conduct: That both the state (duty bearer) and the individual (rights holder) have the obligation to take specific steps in respect to acts or omissions • Obligation of result/impact: The state is accountable to international community for particular outcomes.

10. Advantages of a Rights Based Approach • Universality: Rights are held equally by all people everywhere in the world irrespective of where they live or whatever circumstances they may be: equality, non discrimination and inclusion-collective responsibility of the international community-obligation to protect • Indivisible and interdependent: They relate to a whole range of human experience. They cover civil, political, social, cultural and environmental rights • Rights are interdependent-denying certain rights weakens other rights • Rights are inalienable: Your rights cannot be taken away or given up. We are born and we live with all our rights

11. International Conventions-How can they be used? A: Understand the provisions of international law/conventions on the right to education

12. International Conventions-How can they be used? B: Name the right, identify violations being meted Questions to consider: • How many school age children are not enrolled? • How many drop out before completing primary education? • How many adults are illiterate? • Is basic education free or not?

13. International Conventions-How can they be used? C: Incorporate violations into domestic laws: Questions to consider • At what age do children go to school, employed, married? • What does domestic law look like? • Is there a constitutional provision or other legislations that guarantee the right to education? Examples: • In at least 25 countries of the world there is no specified age for compulsory education • at least 33 States have no minimum age of employment and in 44, girls can be married earlier than boys. • In at least 125 countries children may be taken to court and risk imprisonment for criminal acts at an age between 7 and 15, often the age range for compulsory education. • In the same countries, children are legally obliged to go to school until they are 14 or 15 years old but a different law allows them to work at an earlier age or to be married at the age of 12 or to be criminally responsible from the age of 7.

14. International Conventions-How can they be used? C: Is it fee or no fee schools? • Free and compulsory education is a fundamental human right • The global human rights minimum standards mandate that education be free so that it can be compulsory until the minimum age of employment If it is fee, what types of charges are being levied? • However, economic exclusion from education is evidenced in no less than 22 different types of charges which are levied in open defiance of its requirements Who are the major financing stakeholders? • Only 2% of educational funds come from international aid, • while governments finance 63% of its cost • 35% is privately funded • In comparison, only 8% of compulsory education is privately funded in the OECD

15. International Conventions-How can they be used? D: Analyze the national plan, budgets and education financing issues at local, national and international level • The International Covenant On Economic, Social and Cultural Rights: • Article 2 states: ‘Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation,  especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights’ • Article 14 states that; ‘Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all’.

16. International Conventions-How can they be used? • In addition to this, there are two other reference points to consider in financing education • UNESCO 1996 report, Learning: The Treasure Within; Delors et al, which suggested that governments should invest at least six per cent of GNP in education • The FTI, which recommends 20 per cent of national budgets to be spent on education. • Use this legislation and recommendations to campaign for appropriate resourcing to education • If such legislation exists already at national level, it is important to draw on this in any of your budget analysis work.

17. International Conventions-How can they be used? Example: • ‘the constitutions  of Brazil, Costa Rica and the Philippines, for example, have been used to challenge budgetary allocations for education, in the courts through public interest litigation and on the streets through direct action to demand compliance  with constitutional  obligations’.

18. International Conventions-How can they be used? E: Address the violations: • Use the laws in different ways; • Key questions: • Does the country’s laws allow for ratified international conventions to be invoked in domestic courts? • If yes, possible options are: • Provide evidence in existing cases; be ‘friends of the courts’; • Work with human rights groups; • Empower local public interest lawyers; link up with lawyers’ associations or networks; • If no, there is very little domestically enforceable legal obligation for that government • Conduct advocacy for legislative/praxis change with the law in hand; push for judicial review etc.

19. International Conventions-How can they be used? E: Address the violations: • litigation can be viewed as a campaigning tool: to raise awareness; put pressure on government; to test the system; to create precedent (common law). • Secondly, it is important to involve others: using media, awareness raise local community; challenge/assist local government; work with local schools; challenge prejudice in society vis-à-vis excluded groups. • Decision to use litigation, should consider the following 5 steps: • understanding the legislation; • collecting evidence; • framing the case; • choosing the court; • and mobilising for support and coverage.