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Development and the Right to Education in Africa

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Abstract

This book is about the right to basic education and its impact on development in Africa. It focuses on the elusive subject of litigating the right to education by examining jurisprudence from select African countries and India. The project further analyses the various challenges that impede access to education, with the attendant lack of political will to curb corruption, and calls for the building of strong institutions and the involvement of both state and non-state actors in driving development via education. It also covers the scope for legal practitioners and policy makers, and supports institutional framework in realizing the right to basic education. Azubike C Onuora-Oguno is Senior Lecturer in Jurisprudence and International Law at the University of Ilorin, Nigeria, and Researcher with the Centre for Human Rights, University of Pretoria, South Africa. He is also Solicitor and Advocate for the Nigerian Supreme Court. Dr. Onuora-Oguno has written widely on rights to basic education, children's rights, and other areas of law.
... The right to education is one of the fundamental human rights that every individual is entitled regardless of their nationality, gender, race, colour or a social status (UN, 2015). It is an important device with which many other rights can be realised (Oguno, 2019). The denial of the right to education leads to compounded denials of other human rights, and continuation of poverty and underdevelopment (Kishore, 2012;Oguno, 2019). ...
... It is an important device with which many other rights can be realised (Oguno, 2019). The denial of the right to education leads to compounded denials of other human rights, and continuation of poverty and underdevelopment (Kishore, 2012;Oguno, 2019). Although economic opportunities like jobs are indispensable means for expanding the level of freedoms enjoyed by people, access to education and health care as well as political and civil rights are essential determinants (Sen, 1999). ...
... In his book on `the nexus between development and the right to education`, Oguno (2019) made a comparative analysis of the challenges surrounding the right to education in some African states. In his findings, he argues that lack of political will, corruption, culture and religion are the main factors responsible for the poor state of access to basic education in Africa (Oguno, 2019). ...
... 44 In his recent book on Development and the Right to Education in Africa, Onuora-Oguno underlines the 'inextricable link' between the right to education and the right to development. 45 Article 1(1) of the U.N.'s Declaration on the Right to Development of 1986 defines the right to development as the 'human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised'. 46 The right to development is the right to 'a process of development' centred around the concept of equity and justice progressively leading to improved levels of realisation of human rightsin other words, it covers both achieving the objectives of development and the way they are achieved. ...
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Changed circumstances since the adoption of the primary international human rights treaties, a multitude of scattered education rights norms, and distinct new challenges require a ‘reframing’ of the right to education in international law. Challenges which have led to a global crisis in education include privatisation; the ignored extraterritoriality of states’ international human rights obligations; poverty and a(n) (ostensible) lack of resources; non-acceptance of ‘otherness’, inequality, and exclusion; and unsustainable development. All these ‘phenomena’ have their ultimate basis in neoliberal ideology. Critiquing neoliberalism, this article proposes that, while in some instances it may be necessary to create new or amend existing international hard law, generally a ‘softer law’ type of document – a (revised) General Comment by, for example, the U.N. Committee on Economic, Social and Cultural Rights or an international expert document – should consolidate and further develop international law on the right to education. While the analysis draws the contours of an overall reform agenda, a special focus will be on the issue of privatisation, demonstrating that even the recent adoption of the expert Abidjan Principles cannot be seen as having completed (part of) the codification process.
... Onuora-Oguno (2019) stresses "the need to drive development in Africa by relying on the place of an enhanced access to quality education" (p. 2).54 ...
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This is a short version of: Beiter, K.D. (2020). Not the African Copyright Pirate is Perverse, but the Situation in which (S)He Lives: Textbooks for Education, Extraterritorial Human Rights Obligations, and Constitutionalization “From Below” in IP Law. Buffalo Human Rights Law Review, 26, 1–79. ––– The latter version expands on individual ETOs and adds a discussion on the exact interrelation between international copyright law and international human rights law. ––– Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in local languages. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute elements of the right to education under international human rights law (IHRL). Extraterritorial state obligations (ETOs) under IHRL—obligations of states, in appropriate circumstances, to observe the human rights of those beyond their borders—could assume a key function in “civilizing” intellectual property (IP) law. This Article demonstrates the significance of ETOs for IP law by focusing on the issue of how ETOs under the right to education of IHRL prescribe requirements that international copyright law must comply with to facilitate access to textbooks in schools and universities. Drawing on the expert Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights of 2011, and applying the well‐known typology of state obligations to respect, protect, and fulfill human rights, the ETOs concept is introduced and 20 typical ETOs relevant in this context are identified. The discussion relates to the situation in developing countries more generally, focuses, however, on Africa.
Chapter
The increase in the desire to see the enhancement of the fundamental rights of individuals has necessitated a need to ensure quality education. The emerging concept of experiential education has been on the increase as it is seen as a sure means of driving the realisation of rights. In this chapter, the perspective of education in Nigeria is explored from an inclusive paradigm. It is argued that to prioritise the rights of the child towards an inclusive education, there is a need for a paradigm shift from the much-established curriculum and norm of imparting knowledge, thereby providing the child with varied viewpoints that prepare them for the diverse environment. In addition, it discusses the need to improve teacher welfare, quality space and a conducive environment, among other challenges that affect education in Nigeria. It further discusses the impact of an inclusive approach in driving capacity building. It concludes that the path of ensuring well-grounded education can only be achieved by consistency and exposure to an inclusive approach.
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The right to education is identified as a crucial and classical right. This classification is premised on the fact that it provides the basis on which an individual has the potential to transform their status and build their desired personality. Additionally, it is the basis on which society is projected to be transformed and set on a better pedestal, with individuals playing positive roles. The recognition of the right, though emanating from the Universal Declaration of Human Rights (UDHR) received only tacit recognition through other treaties. The Maputo Protocol recognises the right to education, as it flows from the African Charter on Human and Peoples’ Rights. This commentary, therefore, examines the right to education as enshrined in the Maputo Protocol with the aim of restating the grounds covered in the protection of female children and women and exposing lost opportunities. Finally, it makes recommendations on how the lost ground can be covered and give better content and scope to the right to education.
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In the century following the seminal works of Kilpatrick (1918) and Freinet (1976), pedagogical actions in dialogue with the concepts of 'project work' and 'school newspaper' remain fundamental. From this perspective, this paper presents the results of a research based on the following question: What opinions do 2nd cycle of basic education students have about the experience of creating a school newspaper? An experience that involved two classes of 5th grade and one of 6th grade, in the school year 2020/21, in a private Portuguese school. As main results we highlight, on the one hand, the consensual recognition of 'project-based teaching' as a relevant practice for students' learning and, also, for the development of social interaction skills; and, on the other hand, the justified acknowledgment of the potential of such curricular option in the promotion of children and young people's autonomy and self-determination.
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Despite the fast-growing body of literature on education and empowerment, young people’s perception of their own educational setting has not received adequate attention in advancing our understanding of the empowering but also disempowering elements of education. This is especially the case for the sub-Saharan African context. Addressing this gap, this study lets 497 Ugandan youth speak for themselves in the scope of a questionnaire. The diversity of young people’s responses shows that experiences of empowerment through formal education differ significantly among individuals. By drawing on the work of Stromquist, this paper broadly relates young people’s responses to cognitive (e.g.: critical understanding of one’s reality), psychological (e.g.: feeling of self-esteem), political (e.g.: awareness of power inequalities and the ability to organize and mobilize) and the economic (e.g.: capacity to generate independent income) dimensions of empowerment through education. While the majority of youth indicated that they feel psychologically empowered through formal education, perceptions differed significantly in regard to economic empowerment. Besides, political or cognitive aspects of empowerment appear to happen outside and not in schools. A notable majority (75 %) feels disempowered by the many political, economic and social barriers they are facing outside their education, suggesting that education alone is not the magic bullet for systemic change at large.
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Despite the fast-growing body of literature on education and empowerment, young people’s perception of their own educational setting has not received adequate attention in advancing our understanding of the empowering but also disempowering elements of education. This is especially the case for the sub-Saharan African context. Addressing this gap, this study lets 497 Ugandan youth speak for themselves in the scope of a questionnaire. The diversity of young people’s responses shows that experiences of empowerment through formal education differ significantly among individuals. By drawing on the work of Stromquist, this paper broadly relates young people’s responses to cognitive (e.g.: critical understanding of one’s reality), psychological (e.g.: feeling of self-esteem), political (e.g.: awareness of power inequalities and the ability to organize and mobilize) and the economic (e.g.: capacity to generate independent income) dimensions of empowerment through education. While the majority of youth indicated that they feel psychologically empowered through formal education, perceptions differed significantly in regard to economic empowerment. Besides, political or cognitive aspects of empowerment appear to happen outside and not in schools. A notable majority (75 %) feels disempowered by the many political, economic and social barriers they are facing outside their education, suggesting that education alone is not the magic bullet for systemic change at large.
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A educação e formação de adultos não se restringe, hoje, a práticas educativas que se definem por relação a um qualquer sistema escolar (ou profissional). Ainda assim, e sendo a aprendizagem transversal às várias dimensões da vida humana e passível de acontecer em distintos contextos sociais, é legítimo que se questionem, por via de um inquérito, 32 adultos analfabetos ou com baixos índices de literacia sobre a perspectiva que perfilham quanto à organização escolar. Porque alguns deles experienciaram essa realidade e precocemente a abandonaram, porque outros têm familiares mais novos a frequentarem a escola, porque todos vivem num espaço/tempo onde tal instituição detém um papel de realce para cada um e para a comunidade. Além disso, com recurso à associação de palavras ou a respostas relativamente breves a partir de questões específicas, torna-se possível ler as representações construídas face ao assunto em discussão –o significado e importância da escola–, por indivíduos com idades compreendidas entre os 28 e os 69 anos, assumindo que as suas dificuldades de literacia serão mais um problema social do que uma deficiência individual.
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This article investigates the theories of a deliberative approach to human rights protection and the struggle theory as propounded by Dembour in the first instance and also by Heyns. It contends that the protection of women against violence in Nigeria is experiencing a wave of challenges, especially in an effort to dismantle the strangleholds of culture and religion in its perception and interpretation. The article further examines the role an enhanced human rights education can play in achieving this aspiration. It notes that the Education for Justice initiative (E4J) of the United Nations Office on Crimes and Drugs represents a clear example of the role that both the deliberative and the struggle approaches can play in realising human rights towards creating lawfulness through education at all levels. Relying on a qualitative methodical approach, the authors have identified gaps and have made suggestions about bringing about the desired change.
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There is no doubt that Nigeria as a nation had witnessed a series of Educational Systems since its birth in 1914. Immediately after independence in Nigeria, there were a lot of ills and shortcomings in Nigerian educational system as it was based on the British educational system which did not pave way for yearning needs, interests and aspirations of Nigerian society. This gave birth to 1969 curriculum conference that focused on Nigerian children in Nigerian society with
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This book looks at the protection of children’s rights in Africa through an examination of the provisions of the African Charter on the Rights and Welfare of the Child. It investigates the specific question whether the African Children’s Charter provides a culturally appropriate framework for the protection and promotion of children’s rights in Africa. In examining this question, the book argues that the effective protection of the rights of the child in Africa will not be achieved unless the substantive protections are perceived as culturally legitimate by local communities and unless the implementation procedures are aimed at enhancing such legitimacy as opposed to merely ensuring adherence to form.
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The research is an assessment of representative democracy as an administrative system in Nigeria, by highlighting the failure of the state. It looks at some components of direct democracy. Therefore, the paper focuses on direct democracy, using secondary sources of data. In conclusion, the research offers direct democracy as a solution to the failure of the Nigerian administrative system especially as it affects participation, developmental programmes and institutionalized corruption. DOI: 10.5901/mjss.2013.v4n15p145
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Literacy is perhaps the most fundamental skill required for effective participation in education (formal and non-formal) for national development. At the same time, the choice of language for literacy is a complex issue in multilingual societies like Nigeria. This paper examines the issues involved, namely language policy, language and teacher development, and the role of distance education and information and communication technologies (ICTs), in making literacy accessible in as many languages as possible. Two distance learning literacy projects are presented as case studies and the lessons learned are discussed. The findings of this study suggest that although there is evidence of growing accessibility to ICTs like mobile phones, their use and success to increase access to literacy in the users' languages are yet to be attained and maximised. The implication of the lessons learned should be relevant to other multilingual nations that seek the goal of increasing access to learning and promoting development so as to harvest economic benefits.
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In Nigeria, the introduction of Universal Basic Education is meant to reduce the problem of illiteracy, ignorance and poverty to the barest level; a goal it shares with the goals of the World Conference on Education For All. It is meant to aid rapid national economic and political development. Its implementation has become a major challenge; hence its success has been marginal across the country. Among the factors identified as hindering its success are lack of political will on the part of government, absence of strategic planning, inaccurate data, politicisation of the programme and improper funding. Back in 1955, the then Prime Minister in Western Nigeria1 Obafemi Awolowo introduced a similar programme, Universal Primary Education with strong commitment and determination. The same commitment, determination and political will that helped Awolowo meet the objectives of his programme are what the government can apply to sustain and advance the current Universal Basic Education programme.
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This paper attempts a trend analysis of educational policy formulation in Nigeria and also examines the implication of Nigeria's experience on both educational planning and policy making in the country. It traces the formulation of educational policies right from 1914 (when Lord Lugard amalgamated the Lagos colony, Southern and Northern protectorates, and his wife named the region Nigeria) up to 2004: the current moment. The British colonial administrators introduced an indirect rule policy in her colonies in West Africa. Indirect rule was an administrative system, which Lord Lugard introduced into Nigeria. It was a system of administration, which the tutelary power recognized the existing traditional, structure and used such for the administration of the Lagos colony and Southern and Northern protectorates. The policy restricted the spread of both Christianity and Western education to the Northern protectorate. This accounts for the gap in the level of educational development between the North and the South. This has implications for both planning and policy formulation in education. The colonial administrators adopted British form of education in Nigeria. The colonial educational policy did not address adequately the aspiration of Nigerians. Hence, the 6-3-3-4 educational policy was introduced. The policy sought to introduce a functional technology – based education, which could sustain the economy. The Nigerian experience has a lot of implications for planners, who should be conscious of our local peculiarities, particularly the heterogeneous nature of the Nigerian society and the gap in level of educational development amongst the different segments of the society. It is essential for policy formulators to begin to initiate policies that will promote unity, equity and even development of education in the country.
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Global Journal of Arts, Humanities and Social Sciences
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This paper is premised on the fact that education is an instrument for social change. It is the only known weapon that can combat poverty. In this regard, this paper examined the concepts of education and teaching, the importance and the usefulness of teachers. It also provided strategies for making teachers more relevant in teacher education and teaching profession. These strategies include: reviewing the existing teacher education programmes to emphasize how to teach, which can be achieved by replacing the already existing six weeks teaching practice exercise with internship of one-year duration. The paper further recommended the establishment of licensure and credentialing board and the need to propose a bill before the National Assembly to regulate the practice of teaching. In addition, the paper recommended the revision of the curricula of teacher education programmes in Nigerian Universities or Colleges of Education, to align them with the mission and vision of the primary and secondary schools
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The paper focuses on Nigeria, which has over the years invested substantially to improve the educational attainment of the labor force and to raise productivity but yet still faces declining real output and slow economic growth. The study observes that this puzzle is attributable to labor market distortions, redundancy of the workforce, benefit captured syndrome, industrial dispute and job discontinuities as well as leakages in the Nigerian society such as brain drain, among others. The paper further suggests the improvement of the education system, appropriate pricing of teachers labor and prevention of industrial disputes in order to upgrade and internalize the contributions of educational capital to economic growth in Nigeria.
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This paper attempts to give a general overview of the Universal Basic Education (UBE) Scheme in Nigeria. It ranges from the purpose of its establishment, its objective, the framework for its operation, its implementation so far and the challenges the scheme is currently facing. The paper suggests the way forward for the Universal Basic Education Scheme in Nigeria. This was followed lastly by critiquing based on personal conviction of the writer as to the UBE scheme in Nigeria.
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The African Commission on Human and Peoples'Rights (the Commission), established by the African Charter on Human and Peoples' Rights (African Charter), is a quasi-judicial regional body charged with the functions of promoting and protecting human rights in Africa, including economic, social and cultural (ESC) rights. The Commission was the third regional human rights body after the European and American regional bodies. It is empowered to 'interpret' Africa's key regional human rights treaty, the African Charter adopted in 1981. Although the African Charter protects ESC rights alongside other rights, the African Commission noted in its Resolution on ESC Rights in Africa, ACHPR/Res.73 (XXXVI) 04 (2004), that 'despite the consensus on the indivisibility of human rights, economic, social and cultural rights remain marginalised in their implementation' in Africa. The Commission observed that there is inadequate recognition by African States of this category of rights that results in the continued marginalisation of these rights, which 'excludes the majority of Africans from the full enjoyment of human rights'. Not surprisingly, the Commission has found several States in violations of ESC rights. One contributory cause for the continued marginalisation of this category of rights in Africa can be attributed to the lack of awareness of the Commission's jurisprudence on these rights. This article reviews selected key aspects in the Commission's jurisprudence on ESC rights since the Commission was inaugurated in 1987 focusing on the normative content; State obligations and obligations of non-State Actors; remedies and limitations to and derogations from ESC rights.
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In the framework of a recent EU funded research project (EUROSEISRISK Seismic hazard assessment, site effects s soil-structure interaction studies in an instrumented basin), a bridge pier model was constructed, instrumented and tested in the EUROSEISTEST experimental site (http://euroseis.civil.auth.gr), located close to Thessaloniki in Greece. The prior aim is the experimental investigation of the dynamic characteristics of the model, the study of the soil-structure-interaction effects, and in particular the wave fields emanating from the oscillating structure to the surrounding ground; to accomplish this task a well-designed set of free-vibration tests were conducted. Experimental results were compared with careful 3D numerical simulations of the soil-foundation structure system, in the frequency and time domain. Several fundamental aspects of SSI are discussed and the available analytical impedance expressions are compared with the experimental and numerical results of the present study. The study of the dynamic behavior of a simple SDOF system consisting of a model bridge pier with surface foundation in real soft soil conditions and the numerical FE modeling of the experiments, enable us to enhance our knowledge on various soil-structure interaction aspects.
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After Brown v. Board of Education was decided, Professor Herbert Wechsler questioned whether the Supreme Court's decision could be justified on the basis of "neutral" principles. To him Brown arbitrarily traded the rights of whites not to associate with blacks in favor of the rights of blacks to associate with whites. In this Comment, Prof. Derrick Bell suggests that no conflict of interest actually existed; for a brief period, the interests of the races converged to make the Brown decision inevitable. More recent Supreme Court decisions, however, suggest to Professor Bell a growing divergence of interests that makes integration less feasible. He suggests the interest of blacks in quality education might now be better served by concentration on improving the quality of existing schools, whether desegregated or all-black.
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Both domestic and international political sociologists based on empiricalinvestigations argue that the greatest obstacle to democratic consolidation inNigeria is electoral violence. This is as a result of the rascal politics that thepolitical elites engage in. Sometimes, the violence is intra-party, and most ofthe time, it is inter-party. Apart from that the fact that this phenomenonaffects the credibility of the electoral system, the democratic system and therule of law, the nature, extent and magnitude of violence and riggingassociated with elections in Nigeria had assumed alarming proportions thatnecessitates intellectual excursion to the realm of possible solutions.Education has been discovered to be a major strategy and weapon to curbingthis democratic impediment. To this end, this paper examines the imperativeof political education in curbing this ugly trend if the nation is to enthroneenduring and sustainable democratic order that would be a delight to behold.
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In 1955, the government of Western Region of Nigeria introduced a free primary education programme. That scheme, which featured prominently up till 1966, suffered a major blow, following the military take-over of government in that year. Despite this, the scheme has left an indelible imprint in the annals of education in Western Nigeria and the whole country. Using both primary and secondary documents, this paper analyses the circumstances surrounding the introduction of this revolutionary scheme, as well as its historical development. The paper concludes with an examination of some of the impacts of the programme.
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Domestic violence is an issue of global concern. Historically, in many cultures domestic violence has been an accepted fact of life. In recent years, however, it has begun to be viewed as a criminal problem. However, in many societies such as the Nigerian society it is still culturally acceptable. This paper discusses the reported incidence of domestic violence in Nigeria, the different forms of abuse which may occur in the home and the devastating consequences on the individuals involved and the society at large. Some of the predisposing factors of domestic violence are discussed and counselling – preventive and remedial is proffered as a panacea for the ugly phenomenon. Key words: Domestic, violence, abuse, Nigeria, Counselling.
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