ministry of primary and secondary education · exploitative labour practices create serious...

MINISTRY OF PRIMARY AND SECONDARY EDUCATION

DISCUSSION PAPER ON THE REVIEW OF THE EDUCATION ACT

[CHAPTER 25:04]

Prepared By:

INTER-MINISTERIAL TASK-FORCE ON THE ALIGNMENT OF LEGISLATION

TO THE CONSTITUTION (IMT) TECHNICAL COMMITTEE

http://www.pindula.co.zw/Government_Ministries_of_Zimbabwe#Ministry_of_Welfare_Services_for_War_Veterans.2C_War_Collaborators.2C_Former_Political_Detainees_and_Restrictees

2 |Discussion Paper on the review of the Education Act [Chapter 25:04]

Education then, beyond all other devices of human origin, is the great equalizer of the

conditions of men, the balance-wheel of the social machinery.


CONTENTS

DISCUSSION PAPER ON THE REVIEW OF THE EDUCATION ACT [CHAPTER 25:04] .... 5

PART 1: ................................................................................................................................................. 6

1.1 INTRODUCTION ....................................................................................................................... 6

1.2 Establishment of a New Constitutional Order ......................................................................... 8

PART 2: ................................................................................................................................................. 8

REGIONAL AND INTERNATIONAL LEGAL FRAMEWORK .................................................. 8

2.1 The Conventions .................................................................................................................... 8

a. The UNESCO Convention against Discrimination in Education (CADE) ...................... 9

b. The International Covenant on Economic, Social and Cultural Rights......................... 10

c. The Convention on the Rights of the Child (CRC) .......................................................... 13

d. The African Charter on the Rights and Welfare of the Child ........................................ 14

e. Other International Law Instruments .............................................................................. 14

PART 3: ............................................................................................................................................... 16

CONSTITUTIONAL AND LEGISLATIVE FRAMEWORK ....................................................... 16

a. Founding Values and Principles ........................................................................................ 16

b. National Objectives and the Right to Education .............................................................. 16

i. Free and Compulsory Basic Education ........................................................................... 16

ii. Gender balance .................................................................................................................... 17

iii. Children ........................................................................................................................... 17

iv. Youths .............................................................................................................................. 17

v. Persons with disabilities ...................................................................................................... 17

c. The Declaration of Rights .................................................................................................. 18

i. Right to Education .............................................................................................................. 18

ii. Right to equality and non-discrimination ......................................................................... 18

iii. Right to Freedom from torture or cruel, inhuman or degrading treatment or

punishment .................................................................................................................................. 19

iv. Right to Freedom of conscience ..................................................................................... 19


v. Language and Culture Rights ............................................................................................ 20

vi. Labour Rights child labour and the link to right to education ................................... 20

Elaboration of Certain Rights ........................................................................................................ 21

vii. Rights of Children ........................................................................................................... 21

viii. Rights of persons with disabilities ................................................................................. 21

PART 4: ............................................................................................................................................... 22

GAP ANALYSIS ................................................................................................................................. 22

Obligation to progressively realise the right to education not set out ........................................ 22

Recommendations ........................................................................................................................... 23

Basic State Funded Education Not Provided For....................................................................... 23

Exclusion for Non Payment of Fees Potentially Unconstitutional ............................................ 26

Prescribing of fees at Government schools ................................................................................. 27

Right to Further Education ......................................................................................................... 29

Adult Education ........................................................................................................................... 31

i. Curriculum Review .............................................................................................................. 31

Recommendations ....................................................................................................................... 31

Treasury allocation for Education .............................................................................................. 32

Recommendation ......................................................................................................................... 32

Broadening of Ministerial Functions. ......................................................................................... 32

Recommendation ......................................................................................................................... 32

Role of teachers ............................................................................................................................ 32

Recommendation ......................................................................................................................... 34

Educational Freedom .................................................................................................................. 34

Duties of local authorities ............................................................................................................ 35

Establishment of Private Schools ................................................................................................ 35

Language Policy ........................................................................................................................... 35


PART 5: ............................................................................................................................................... 36

OTHER MATTERS NOT PROVIDED FOR IN CURRENT ACT .............................................. 36


Best Interests of the Child ............................................................................................................ 36

School Discipline .......................................................................................................................... 37


Learning Environment ................................................................................................................ 41

Women, Orphans and Vulnerable Children ............................................................................... 41

CONCLUSION ............................................................................................................................... 42

REFERENCES ................................................................................................................................ 44


PART 1:

1.1 INTRODUCTION

Education is a fundamental human right, indispensable for the exercise of all other human

rights. Its recognition as a human right is derived from the indispensability of education to

the preservation and enhancement of the inherent dignity of the human person.1 Education is

both an end and a means in itself, and is an empowering right, providing the avenue to realise

other rights.2 It operates as a multiplier, enhancing the enjoyment of all individual rights and

freedoms where the right to education is effectively guaranteed, while depriving people of the

enjoyment of many rights and freedoms where the right to education is denied or violated.3

Education is also seen as an important method of protecting children from exploitative labour

practices through use of child labour. Not all forms of work done by children fall within the

meaning of the term ‘child labour.’ Child labour is broadly understood to refer to that kind of

work that deprives children of their childhood, their potential and their dignity, and that is

harmful to their physical and mental development. Various studies have shown that

exploitative labour practices create serious obstacles in the path of children's development

and the sustainable development of society. If a child spends most of his most important stage

of life striving merely to survive through offering labour services the chances of such a child

failing to develop to their full potential are increased. Conversely a child given an

opportunity to discover and learn to one's fullest potential during childhood will most likely

attain life goals consistent with the child’s potential and application. A fully educated society

is assured of breaking the cycle of poverty. Education also acts as an empowering tool for

gender equality and equity and there is a direct correlation between, for example, primary

school enrolment levels for girls and major reductions in child marriages.4The importance of

the right to education for any society can therefore not be overstated.

Despite its central importance in the improvement of the human condition, at

independence Zimbabwe inherited an educational system based on inequality of opportunity

along racial lines. Although Europeans represented less than 1 % of the country's total

1 Manoj Kumar Sinha, Right to Education: Indian and International Practices, pg 1 2 Manoj Kumar Sinha, Right to Education: Indian and International Practices, pg 1 http://rwi.lu.se/app/uploads/2012/04/Right-to-Education-Indian-and-International-Practices-Manoj.pdf 3 Right to Education, A Primer http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/Tomasevski_Primer%203.pdf accessed 15 February 2016 4 General Comment No. 11

http://rwi.lu.se/app/uploads/2012/04/Right-to-Education-Indian-and-International-Practices-Manoj.pdf

http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/Tomasevski_Primer%203.pdf



population the annual budget for European education in Rhodesia was at least 10 times more

than that spent on Africans who represented 99% of the school population.5 In 1980, the new

Government adopted a policy which aimed at widening access to schooling for all children.

School fees were phased out and non-white children began to attend former white fee-paying

schools in urban areas. More primary and secondary schools were built in rural areas. Adult

literacy groups were formed and those adults who could not attend schools during the day

because they were employed, began to attend night schools.6

Thus, Zimbabwe achieved gender parity at primary and secondary school levels with

respect to enrolment, attendance and completion rates, as well as gender parity in literacy

rates. By 2000, the country’s primary school Net Enrolment Ratio (NER) which reflects the

share of children of official primary school age that are enrolled in primary school had risen

to 95%. In 2005, it was 96.9% and in 2009, at the onset of economic recovery, it rose slightly

to 97.7%. However, by 2011, the primary school NER had fallen down to 81.4%. Primary

school NER was higher in rural areas (84.1%) than in urban areas (73.4%). However NER

declined to 91% in 2009 from a peak of 99% in 2000, although compared to the African

aggregate of 87 % in 2010 (MDR 2013), this is still a relatively high figure.7

There however remains a growing concern that the number of children who remain in

primary school until grade 7 is now much lower than in the past. For instance, there was a

decline between 1996 (82.6%) and 2006 (68.2%).8 Funding for education has also decreased

and in the 2016 Budget statement, the Ministry of Primary and Secondary Education received

US$810 million, while the Ministry of Higher and Tertiary education was allocated US$307

million.9 The Basic Education Assistance Module (BEAM) targeted at payment of school

fees, levies and examination fees for vulnerable children is similarly not as well financed as it

should be and a report by Parliamentary Portfolio Committee on Public Service, Labour and

Social Welfare noted that in 2014, despite an allocation of US%15 million, only US$ 4.5

million was received from the Treasury and US$ 1 million from the National AIDS

Council.10

5 Dorsey, et al, 1991 6 Mutumbuka, 1989 7 http://www.zw.undp.org/content/zimbabwe/en/home/presscenter/articles/2013/07/01/lessons-from-the-accelerated-plan-for-mdg2.html accessed 14 March 2016 8 ibid 9 http://www.techzim.co.zw/2015/11/the-zimbabwe-2016-national-budget-statement-download/ accessed 14 March 2016 10 http://insiderzim.com/how-broke-the-zimbabwe-government-is/ accessed 14 March 2016

http://www.zw.undp.org/content/zimbabwe/en/home/presscenter/articles/2013/07/01/lessons-from-the-accelerated-plan-for-mdg2.html

http://www.zw.undp.org/content/zimbabwe/en/home/presscenter/articles/2013/07/01/lessons-from-the-accelerated-plan-for-mdg2.html

http://www.techzim.co.zw/2015/11/the-zimbabwe-2016-national-budget-statement-download/

http://insiderzim.com/how-broke-the-zimbabwe-government-is/


1.2 Establishment of a New Constitutional Order

Against this backdrop of decreased financing for education, on 17 March 2013, the majority

of Zimbabweans voted for the overhaul of the 1979 Constitution and the establishment of a

new constitutional order. The ‘new’ constitution establishes a state based on respect for

fundamental human rights, as enshrined in Chapter 4 of the Constitution. In section 75, the

framers of the 2013 Constitution, elevated the right to education to a fundamental right which

is justiciable. This conception of the right to education resonates with the various regional

and international instruments to which Zimbabwe is a state party, including the International

Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights

of the Child (CRC) and the African Charter on the Rights and Welfare of the Child

(ACRWC).

In its current iteration, the Education Act [Chapter 25:04] provides for inter alia the

declaration of the fundamental rights to, and objectives of, education in Zimbabwe, as well as

for the establishment, maintenance and regulation of government schools, teachers colleges

and other Government educational facilities.11 This discussion paper will make

recommendations for the full alignment of the Education Act with the Constitution and

international law instruments to which Zimbabwe is a State Party. In this paper, education

refers to formal institutional instruction as generally, international instruments use the term in

this sense and the right to education, as protected by international human rights instruments,

refers to education in this narrow sense.

PART 2:

REGIONAL AND INTERNATIONAL LEGAL FRAMEWORK

2.1 The Conventions

The right to education is asserted in numerous international treaties and texts and has become

a well-developed norm. These standard-setting instruments provide a normative framework

for the right to education, and different quasi-judicial international and regional institutions

have also interpreted the scope of the right to education in numerous cases and have made

various recommendations in this respect. International human rights instruments which set

out a normative framework providing for the right to education include:

11 Preamble to the Education Act


a. The UNESCO Convention against Discrimination in Education (CADE)

The UNESCO Convention against Discrimination in Education (1960) is the first legally

binding instrument prohibiting all discrimination based on race, colour, sex, language,

religion, political or other opinion, national or social origins, economic condition, or birth in

the area of education.12 Its emphasis is on the fundamental principle of equality of

educational opportunities. Thus, under Article 4 of this Convention States Parties undertake

…

(a) To make primary education free and compulsory; make secondary education in its

different forms generally available and accessible to all; make higher education

equally accessible to all on the basis of individual capacity; assure compliance by all

with the obligation to attend school prescribed by law;

(b) To ensure that the standards of education are equivalent in all public educational

institutions of the same level, and that the conditions relating to the quality of the

education provided are also equivalent;

(c) To encourage and intensify by appropriate methods the education of persons who

have not received any primary education […];

These provisions provide a normative basis for free and compulsory primary education,

continuing education and learning, and the right to basic education for youth and adults. The

Convention also provides for the parental choice of education and freedom in education. It

also enshrines the obligation to respect the liberty of parents and, where applicable, of legal

guardians to choose institutions other than those maintained by the public authorities for their

children. Such education should, however, conform to minimum educational standards as

may be laid down or approved by the competent authorities.13

The significance of the Convention is indicated by the fact that it has been restated in

the other instruments concerning the right to education, and thus has become the cornerstone

of the interventions on the right to education.14

12 http://portal.unesco.org/en/ev.php-URL_ID=12949&URL_DO=DO_TOPIC&URL_SECTION=201.html#TERRITORIAL accessed 24 February 2016 13 ibid 14 http://unesdoc.unesco.org/images/0014/001412/141286e.pdf accessed 24 February 2016

http://portal.unesco.org/en/ev.php-URL_ID=12949&URL_DO=DO_TOPIC&URL_SECTION=201.html#TERRITORIAL

http://portal.unesco.org/en/ev.php-URL_ID=12949&URL_DO=DO_TOPIC&URL_SECTION=201.html#TERRITORIAL

http://unesdoc.unesco.org/images/0014/001412/141286e.pdf


b. The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is part of

the International Bill of Human Rights, along with the Universal Declaration of Human

Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).15 It

seeks to ensure the protection of economic, social and cultural rights including the right to

education. Articles 13 and 14 of the ICESCR comprehensively set out the content and scope

of this right.

Article 13 of the ICESCR, the longest provision in the Covenant, is the most wide-

ranging and comprehensive article on the right to education in international human rights law

and outlines the state obligations relating to primary, secondary and tertiary education as well

as the content of education, that is, the social aspect of the right to education.16 It also deals

with the right of parents to choose the education of their children according to their religious

and moral convictions and the right to establish private schools – the freedom aspect of the

right to education17 and provides for the progressive realisation of the right acknowledging

the constraints due to the limits of available resources.

The ICESCR however imposes various obligations which are of immediate effect,

such as the obligation “to take steps” towards the full realization of the right to education.

Article 14 also provides for the obligation to set up a plan of action, where the right to free

and compulsory education is not achieved within two years after the ratification of the

ICESCR. Further, the Committee on Economic, Social and Cultural Rights (CESCR), a body

of independent experts that monitors implementation of the ICESCR by its States parties has

issued two general comments - General Comment No 13 on the right to education (Article 13

of the ICESCR)18 and General Comment No 11 on Plans Of Action For Primary Education

(Article 14 of the ICESCR). In General Comment 13, the CESCR, outlined the nature of the

15 "Fact Sheet No.2 (Rev.1), The International Bill of Human Rights, https://web.archive.org/web/20080313093428/http://www.unhchr.ch/html/menu6/2/fs2.htm accessed 24 February 2016 16 http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/RTE_RTE_indicators_Concept_Paper_De%20Beco_2010.pdf accessed 24 February 2016 17 ibid 18 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 13: The Right

to Education (Art. 13 of the Covenant), 8 December 1999, E/C.12/1999/10, available at:

http://www.refworld.org/docid/4538838c22.html [accessed 24 February 2016]

https://web.archive.org/web/20080313093428/http:/www.unhchr.ch/html/menu6/2/fs2.htm

http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/RTE_RTE_indicators_Concept_Paper_De%20Beco_2010.pdf

http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/RTE_RTE_indicators_Concept_Paper_De%20Beco_2010.pdf


obligations on States to respect, protect and fulfil the right to education. It noted that, ‘the

obligation to respect requires States to avoid measures that hinder or prevent the enjoyment

of the right to education, and to take measures that prevent third parties from interfering with

the enjoyment of the right to education’. The obligation to fulfil incorporates both an

obligation to provide and to facilitate and requires States to take positive measures to enable

and assist individuals and communities to enjoy the right to education. 19 The General

Comment enounces four essential elements of the right to education: availability,

accessibility, acceptability and adaptability, – commonly referred to as the “4-As”

AVAILABILITY: This aspect of the right to education embodies two different

governmental obligations, being the granting of permission to non-state actors to

establish educational institutions, as well as the establishment of schools by the state

itself.20 Functioning educational institutions and programmes have to be available in

sufficient quantity within the jurisdiction of each State party to the ICESCR.21

Further, educational institutions and programs must be available in sufficient numbers

and free of charge, including the availability of trained teachers, adequate

infrastructure including buildings and sanitation.

ACCESSIBILITY: Educational institutions and programmes have to be accessible

to everyone, without discrimination. The government is obliged to secure access to

education for all children, without discrimination on any grounds. The State is obliged

to work towards the elimination of legal and administrative barriers, and ensure

physical, economic and social accessibility with no direct or indirect costs; positive

measures must be taken to guarantee equitable and equal access for all. Accessibility

has three overlapping dimensions: 22

o Non-discrimination - education must be accessible in law and fact to all,

especially the most vulnerable groups,

o Physical accessibility - education has to be within safe physical reach, either

by attendance at some reasonably convenient geographic location, such as a

19 ibid 20Beyond 2015, http://www.beyond2015.org/sites/default/files/Beyond%202015-Education.pdf accessed 20 February 2016 21 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 13: The Right

to Education (Art. 13 of the Covenant), 8 December 1999, E/C.12/1999/10, available at: http://www.refworld.org/docid/4538838c22.html [accessed 24 February 2016] 22 ibid

http://www.beyond2015.org/sites/default/files/Beyond%202015-Education.pdf


neighbourhood school, or via modern technology such as access to a "distance

learning" programme.

o Economic accessibility - education has to be affordable to all. This dimension

of accessibility is subject to the differential wording of Article 13 (2) in

relation to primary, secondary and higher education: whereas primary

education shall be available "free to all", States parties are required to

progressively introduce free secondary and higher education;

ACCEPTABILITY: The form and substance of education, including curricula and

teaching methods, has to be relevant, culturally appropriate, of good quality and in

accordance with the best interests of every child; this includes a safe and healthy

school environment and professional, trained and supported teachers.23

ADAPTABILITY: Education has to be flexible, so that it can adapt to the needs of

changing societies and communities, and respond to the needs of different learners

within their specific social and cultural context, including the evolving capacities of

the child.24

General Comment 11 of 1999 also authoritatively interprets the scope of Article 14 of the

ICESCR, which requires States which have not been able to secure compulsory primary

education, free of charge, to work out and adopt a detailed plan of action for the progressive

implementation of the principle of compulsory primary education free of charge for all.25 It

also elaborates on some elements of Article 14 stating that, compulsory primary education

means that neither parents, guardians, nor the State are entitled to treat as optional the

decision as to whether the child should have access to primary education. The education

offered must be adequate in quality, relevant to the child and must promote the realization of

the child's other rights. General Comment 11 also interprets the obligation to make primary

23 ibid 24 Coomans, F., Ph.D. (2007, June). Identifying the key elements of the right to education: A focus on

its core content. CRC Day of General Discussion. Geneva, Switzerland.

http://www.crin.org/docs/CoomansCoreContent-Right%20to%20EducationCRC.pdf. See also UN

Committee on Economic, Social and Cultural Rights, General Comment. See Right to Education

Project, www.right-to-education.org 25 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 11:

Plans of Action for Primary Education (Art. 14 of the Covenant), 10 May 1999, E/1992/23, available

at: http://www.refworld.org/docid/4538838c0.html [accessed 24 February 2016]


education free of charge as being unequivocal, as it is expressly formulated so as to ensure

the availability of primary education without charge to the child, parents or guardians. Fees

constitute disincentives to the enjoyment of the right and may jeopardize its realization.

Indirect costs, such as compulsory levies on parents, or the obligation to wear a relatively

expensive school uniform, can also fall into the same category.26

c. The Convention on the Rights of the Child (CRC)

The CRC, which is the most widely ratified international human rights treaty, affirms the

right to education and dedicates 2 articles (Articles 28& 29) to education. Article 28 affirms

the right of the child to education and the State’s duty to ensure primary education is free and

compulsory. As stated above, the obligations of States Parties in relation to primary,

secondary, and fundamental education are not identical. States are obliged to “make primary

education compulsory and available free to all”, to “encourage the development of different

forms of secondary education, including general and vocational education, to make them

available and accessible to every child, and to take appropriate measures such as the

introduction of free education and offering financial assistance in case of need”, and to “make

higher education accessible to all on the basis of capacity by every appropriate means.

Article 29 of the CRC stipulates that the education of the child shall be directed

towards the development of the child’s personality, talents, and mental and physical abilities

to their fullest potential. Thus, it adds a qualitative dimension which reflects the rights and

inherent dignity of the child to the right to education recognized in Article 28. It also insists

upon the need for education to be child-centred, child-friendly, and empowering. The

education to which every child has a right is designed to provide the child with life skills, to

strengthen the child’s capacity to enjoy the full range of human rights. The goal is to

empower the child by developing his or her skills, learning and other capacities, human

dignity, self-esteem and self-confidence.27

The CRC further strengthens and broadens the concept of the right to education, in particular

through the obligation to consider in its implementation the Convention’s four core

principles: non-discrimination; the best interests of the child; the right to life, survival and

26 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 11:

Plans of Action for Primary Education (Art. 14 of the Covenant), 10 May 1999, E/1992/23, available

at: http://www.refworld.org/docid/4538838c0.html [accessed 24 February 2016] 27 https://www.mruni.eu/upload/iblock/6bf/8praneviciene,%20puraite.pdf accessed 22 February 2016

https://www.mruni.eu/upload/iblock/6bf/8praneviciene,%20puraite.pdf


development of the child to the maximum extent possible; and the right of children to express

their views in all matters affecting them and for their views to be given due weight in

accordance with their age and maturity.28 These underlying principles make clear a strong

commitment to ensuring that children are recognized as active agents in their own learning

and that education is designed to promote and respect their rights and needs. 29

d. The African Charter on the Rights and Welfare of the Child

The ACRWC (1990) also provides for the right to education and during the drafting process

particular consideration was given regarding the situation of most African children who as a

result of their socio-economic, cultural, traditional and developmental circumstances are in

need of special safeguards and care.30 Article 11 of the ACRWC provides that every child

shall have the right to an education. It incorporates aspects of Articles 28 and 29 of the

Convention on the Rights of the Child (discussed above). The ACRWC also prescribes

measures that states must take as part of their efforts to achieve the full realization of this

right.31 In addition to the principles enshrined in the CRC above, the ACRWC also places an

obligation on States to ensure that children who become pregnant before completing their

education shall have an opportunity to continue their education on the basis of their

individual ability.

e. Other International Law Instruments

Other international and regional instruments also incorporate the right to education. These

include the International Covenant on Civil and Political Rights (ICCPR) which includes

the right to education within the broader context of freedom of thought, conscience and

religion. Under Article 10 of the Convention on the Elimination of All Forms of

Discrimination against Women, State Parties are called upon to “eliminate discrimination

against women in order to ensure to them equal rights with men in the field of education.”

28 http://www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Education_for_All.pdf accessed 24 February 2016 29 ibid 30 Preamble to the Charter 31 ibid

http://www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Education_for_All.pdf


The CEDAW Committee has noted that: Article 10, in providing the right to education for

women and girls, is based on five core principles:32

a. Elimination of all forms of discrimination to ensure that women and girls

receive equal opportunity with men and boys to the same quality and

type of education and have the same potential to benefit from such

education;

b. Education is not limited to primary and secondary education. An

expansive framework is adopted to include all levels of education

from pre-school through to the tertiary level in academic and

technical-vocational fields as well as sports and physical education

and continuing education;

c. Education must be available, accessible, acceptable, and adaptable to

women and girls in urban as well as in rural areas and to all

disadvantaged groups;

d. Primary measures, including the elimination of stereotypical concepts of

the roles of men and women in society, must be supported with a

number of related, complementary measures that are designed to

enhance the right of women and girls to education and to make free

choices in fields of study and careers to be pursued;

e. Promoting the right of women and girls to education facilitates enjoyment

of rights in their personal and family life as well as in their political

and public life.

In addition to the international instruments outlined above, internationally agreed education

goals are set out in the Education for All (EFA) Goals, which aimed to meet the learning

needs of all children, youth and adults by 2015. The Sustainable Development Goals

(SDGs), which include an education-related goal (goal 6) which aims to ensure inclusive and

quality education for all and promote lifelong learning.33 The instruments discussed above lay

down the international legal obligation for the right to education and serve the same end: the

32 The Committee on Economic, Social and Cultural Rights reaffirmed the international commitment to this principle in its General Comment No. 11, underscoring the importance of a quality education in promoting the realization of women and girls' other rights (1999). 33 http://www.un.org/sustainabledevelopment/education/ accessed 24 February 2016

http://www.un.org/sustainabledevelopment/education/


promotion and development of the right of every person to education, without discrimination

or exclusion.

PART 3:

CONSTITUTIONAL AND LEGISLATIVE FRAMEWORK

The Constitution of Zimbabwe (Amendment Act 20) of 2013 is the supreme law of the land34

and it overrides any other laws, practices and customs or conduct inconsistent with its

provisions.35 Any laws, practices and customs must be consistent with the guarantees found

within the Constitution. The right to education is enshrined in section 75, however, it is not

the only provision relating to the right to education and should be read with similar

provisions in the National Objectives and the Founding Principles and Values of the

Constitution.

a. Founding Values and Principles

Section 3 states that: Zimbabwe is founded on respect for ‘… fundamental human rights and

freedoms, recognition of the inherent dignity and worth of each human being and gender

equality;’

b. National Objectives and the Right to Education

National objectives as set out in the Constitution are enacted to ‘guide the State and all

institutions and agencies of government at every level in formulating and implementing laws

and policy decisions that will lead to the establishment, enhancement and promotion of a

sustainable, just, free and democratic society in which people enjoy prosperous, happy and

fulfilling lives.’36The national objectives relevant to the right to education are:

i. Free and Compulsory Basic Education

The State is obliged to take all practical measures to promote f r e e and compulsory basic

education for children; and higher and tertiary education. The State must also take measures

to ensure that girls are afforded the same opportunities as boys to obtain education at all

levels.

34 Chapter 1, Section 2 of the Constitution of Zimbabwe. 35 Chapter 1, Section 2 of the Constitution of Zimbabwe. 36 Section 8 of the Constitution of Zimbabwe.


ii. Gender balance

The State must also promote full gender balance in Zimbabwean society, and in particular

must promote the full participation of women in all spheres of Zimbabwean society on the

basis of equality with men;37

iii. Children

Under this national objective, the state is required to adopt reasonable policies and measures,

within the limits of the resources available to it, to ensure that children have access to

appropriate education and training.38

iv. Youths

The State and all institutions and agencies of government at every level must take

reasonable measures, including affirmative action programmes, to ensure that youths, that is

to say people between the ages of fifteen and thirty-five years have access to appropriate

education and training;39

v. Persons with disabilities

The State and all institutions and agencies of government at every level must recognise the

rights of persons with physical or mental disabilities, in particular their right to be treated

with respect and dignity, and must assist persons with physical or mental disabilities to

achieve their full potential and to minimise the disadvantages suffered by them. In

particular, the State and all institutions and agencies of government at every level

must—

(a) Develop programmes for the welfare of persons with physical or mental

disabilities, especially work programmes consistent with their capabilities and

acceptable to them or their legal representatives;

(b) Consider the specific requirements of persons with all forms of disability as one

of the priorities in development plans;

(c) Encourage the use and development of forms of communication suitable for

persons with physical or mental disabilities; and

(d) Foster social organisations aimed at improving the quality of life of persons

37 Section 17 of the Constitution of Zimbabwe 38 Section of the Constitution of Zimbabwe 39 Section 20 (a) of the Constitution of Zimbabwe


with all forms of disability.

c. The Declaration of Rights

The Declaration of Rights sets out the fundamental human rights and freedoms to which all

citizens are entitled. The State and every person, including juristic persons, every institution

and agency of the government at every level is obligated to respect, protect, promote and

fulfil the rights and freedoms set out in the Declaration of Rights.40 When interpreting the

Declaration of Rights, a court, tribunal, forum or bodymust promote the values and principles

that underlie a democratic society based on openness, justice, human dignity, equality and

freedom, and in particular, must take into account international law and all treaties and

conventions to which Zimbabwe is a party and must pay due regard to all the provisions

of this Constitution, in particular the principles and national objectives.41

i. Right to Education

Every citizen and permanent resident of Zimbabwe has a right to—

(a) A basic State-funded education, including adult basic education; and

(b) Further education, which the State, through reasonable legislative and other

measures, must make progressively available and accessible.

Further, every person has the right to establish and maintain, at their own expense,

independent educational institutions of reasonable standards, provided they do not

discriminate on any ground prohibited by the Constitution. A law may provide for the

registration of such educational institutions and for the closing of any such institutions that

do not meet reasonable standards prescribed for registration. The State must take reasonable

legislative and other measures, within the limits of the resources available to it, to achieve

the progressive realisation of the right to education. 42

ii. Right to equality and non-discrimination

All persons are equal before the law and have the right to equal protection and benefit of the

law. Women and men have the right to equal treatment, including the right to equal

opportunities in political, economic, cultural and social spheres. Every person has the right

not to be treated in an unfairly discriminatory manner on grounds such as their nationality,

40 Sections 44 & 45 of the Constitution of Zimbabwe. 41 Section 46 of the Constitution of Zimbabwe. 42 Section 75 of the Constitution of Zimbabwe


race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief,

political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy,

disability or economic or social status, or whether they were born in or out of wedlock. A

person is treated in a discriminatory manner if—

(a) They are subjected directly or indirectly to a condition, restriction or disability to

which other people are not subjected; or

(b) Other people are accorded directly or indirectly a privilege or advantage which

they are not accorded.

Discrimination on any of the grounds listed above is unfair unless it is established

that the discrimination is fair, reasonable and justifiable in a democratic society based

on openness, justice, human dignity, equality and freedom. The State must take

reasonable legislative and other measures to promote the achievement of equality

and to protect or advance people or classes of people who have been disadvantaged by

unfair discrimination, and such measures must be taken to redress circumstances of genuine

need and no such measure is to be regarded as unfair 43

iii. Right to Freedom from torture or cruel, inhuman or degrading treatment or

punishment

No person may be subjected to physical or psychological torture or to cruel, inhuman or

degrading treatment or punishment.44 This is an absolute and non- derogable right, which

cannot be limited even in a public emergency. 45This right is especially important when

considering discipline in schools as will be discussed below.

iv. Right to Freedom of conscience

The Constitution also enshrines the right to freedom of conscience, which includes—

(a) Freedom of thought, opinion, religion or belief; and

(b) Freedom to practise and propagate and give expression to their thought,

opinion, religion or belief, whether in public or in private and whether alone or

together with others.

43 Section 56 of the Constitution of Zimbabwe 44 Section 53 of the Constitution of Zimbabwe 45 Section 86(3) of the Constitution of Zimbabwe


In this vein, parents and guardians of minor children have the right to determine, in

accordance with their beliefs, the moral and religious upbringing of their children, provided

they do not prejudice the rights to which their children are entitled under the Constitution,

including their rights to education, health, safety and welfare. Further, any religious

community may establish institutions where religious instruction may be given, even if the

institution receives a subsidy or other financial assistance from the State.46

v. Language and Culture Rights

Under section 63 of the Constitution, every person has the right to use the language of their

choice; and to participate in the cultural life of their choice, provided that these rights are not

exercised in a manner is inconsistent with the Declaration of Rights.

vi. Labour Rights, child labour and the link to right to education

Except for members of the security services, every person has the right to form and join

trade unions and employee or employers’ organisations of their choice, and to participate in

the lawful activities of those unions and organisations, as well as to participate in collective

job action, including the right to strike, sit in, withdraw their labour and to take other

similar concerted action. Every employee is also entitled to just, equitable and satisfactory

conditions of work, and women and men have a right to equal remuneration for similar

work.47

A key issue that requires specific attention relates to the relationship between the right to

education and labour rights. An incidental but important point is that education is often

cited as the key to eliminating child labour. Commenting on the equation between child

labour and access to universal education, a director48 of the International Labour

Organisation observed that, “We will not eliminate child labour without universal

education. Conversely, we will not ensure every child is in school unless we bring to an end

to child labour, so that they do not depend on the children going out to work.” The

protection and promotion of the right to receive basic, meaningful education is therefore

intricately linked to freeing of children from economic exploitation through child labour.

The exploitation of children through their engagement in child labour damages the child’s

mental, physical, spiritual, moral and social wellbeing. And more importantly the time

46 Section 60 of the Constitution of Zimbabwe 47 Section 65 of the Constitution of Zimbabwe 48 Constance Thomas, Director of the ILO’s International Programme on the Elimination of Child Labour (IPEC)


spent doing manual work is the same time that could be utilised for the child’s development

through education. The relationship between eradication of child labour and the realisation

of the right to education for all children cannot be overstated.

Elaboration of Certain Rights

Section 79 of the Constitution elaborates certain rights and freedoms to ensure greater

certainty as to the application of those rights and freedoms to particular classes of people.

The rights which potentially implicate the Education Act include;

vii. Rights of Children

Every child, that is to say every boy and girl under the age of eighteen years, has the right to

equal treatment before the law, including the right to be heard, and to education, health care

services, nutrition and shelter.49

viii. Rights of persons with disabilities

The State must take appropriate measures, within the limits of the resources available to it,

to ensure that persons with disabilities realise their full mental and physical potential,

including measures—

(a) To enable them to become self-reliant;

(b) To enable them to live with their families and participate in social;

creative or recreational activities;

(c) To protect them from all forms of exploitation and abuse;

(d) To give them access to medical, psychological and functional treatment;

(e) To provide special facilities for their education; and

(f) To provide State-funded education and training where they need it.

The firm grounding of the right to education in international and domestic human rights law

provides for the clarity and specificity of human rights standards needed for addressing the

gaps in the current legislation as will be discussed below.

49 Section 81 of the Constitution of Zimbabwe


PART 4:

GAP ANALYSIS

This section identifies the shortcomings of the Education Act and proposes to align the Act with the

State’s constitutional and international law obligations as outlined above.

Obligation to progressively realise the right to education not set out

Section 75(4) of the Constitution of Zimbabwe as well as the international instruments cited

above provide for the progressive realization of the right to education, and acknowledge

constraints arising due to the limits of available resources. This is not to say that the State has

no obligations where funds are not readily available. Progressive realisation means that a

state party is obliged to have an overall developmental strategy for its school system.50 The

strategy must encompass schooling at all levels, but the state ought to prioritise basic

education. “Actively pursued” suggests that the overall strategy should attract a degree of

governmental priority and, in any event, must be implemented with vigour. Thus, as the

CESCR has noted the obligation “to take steps” towards the full realization of the right to

education is an obligation which is of immediate effect, and under Article 14 each state party

which has not been able to secure compulsory primary education free of charge should adopt

a detailed plan of action for the progressive implementation within two years.51

This obligation is a continuing one, and the plan must cover all of the actions which

are necessary in order to secure each of the requisite component parts of the right, and must

be sufficiently detailed so as to ensure the comprehensive realisation of the right .52 Plans of

action are especially important as the lack of educational opportunities for children often

reinforces their subjection to various other human rights violations. 53 The plan must cover all

of the actions which are necessary in order to secure each of the requisite component parts of

the right and must be sufficiently detailed so as to ensure the comprehensive realization of the

right. Participation of all sections of civil society in the drawing up of the plan is vital and

some means of periodically reviewing progress and ensuring accountability are essential. 54

50 Manoj Kumar Sinha, Right to Education: Indian and International Practices, pg 8. 51 General Comment No. 11, supra note 28, para. 1 52 ibid 53 General Comment 11 54 ibid


Recommendations

The Act should expressly set out the measures the State will undertake to

progressively realise the right to education, and to this end empower the Minister to

draft National Plans of Action.

Basic State Funded Education Not Provided For

Section 75 provides for a right to a ‘basic State funded education, including adult basic

education. This term is not defined in the Constitution, and as is the case in South Africa,

there is no clarity on whether the term refers to the learner’s right to merely attend school for

a specified schooling period or the learner’s right to receive a particular quality of education

during a certain schooling period.55 The 2011 decision by the Constitutional Court (CC) in

Governing Body of the Juma Musjid Primary School and others v Essay NO and others56,

dealt with the right to basic education in the context of an application for the authorisation of

the effective eviction of a public school conducted on private property. Justice Nkabinde

provided pointers to assist with understanding the scope and content of the right to basic

education guaranteed in section 29(1) (a) of the Bill of Rights, affirming that the right -

unlike some of the other socio-economic rights - was immediately realisable. The CC

confirmed that because there was no internal limitation under section 29 (1) (a) requiring

“access” to the right, that the right be “progressively realised” within “available resources”

subject to “reasonable legislative measures”, the right to a basic education in section 29 (1)

(a) could be limited only in terms of a law of general application which is “reasonable and

justifiable in an open and democratic society based on human dignity, equality and freedom”.

Indeed, while all socio-economic rights in the Constitution provide for negative and positive

obligations, the right to education is unique in that it includes the right to basic education,

which unlike the right to housing and the right to water has no internal qualifiers.

The effect of this decision may be summarised as follows;

The right to basic education “is not subject to progressive realisation”. The CC stated that

progressive realisation is an expeditious and effective movement towards the realisation of a

goal. The elimination of a progressive realisation qualifier in section 29 (1) (a) ought to mean

that basic education is not subject to provision over time but to immediate provision when

55 Woolman S and Bishop M “Education” in Woolman S et al Constitutional Law of South Africa (2009) at 15-16 56 2011 (8) BCLR 761 (CC)


needed, and the government cannot exonerate itself from its obligations because it is simply

moving towards attaining the goal. The contrast between section 29 (1) (a) and section (29)

(1) (b) which states that further education should be progressively available was emphasised

in the Juma Musjid case to further clarify the Constitution’s intention regarding the provision

of basic education. Indeed, the distinction ought to justify the argument that basic education

is an unqualified human right that should be provided immediately.

However, the right to basic education can be construed in its social and historical

context. In the Universal Declaration on Human Rights, the term “elementary education” is

used. In later legal documents such as the ICESCR, it became “primary” and in the African

Charter “basic.”57 Despite this congruence, basic education is not synonymous with primary

education, although there is a close correspondence between the two. As formulated in

Article 13(2) (a) of the ICESCR, primary education has two distinctive features, in that it is

“compulsory” and “available free to all”. The element of compulsion serves to highlight the

fact that neither parents, nor guardians, nor the state are entitled to treat as optional the

decision as to whether the child should have access to primary education.58 The nature of this

requirement is unequivocal. The right is expressly formulated so as to ensure the availability

of primary education without charge to the child, parents or guardians.

Further guidance on the content and scope of the right to basic education can be found

in the World Declaration on Education for All,59 (the World Declaration). Under this soft law

instrument, countries have committed to making basic education universally accessible. The

World Declaration states that the acquisition of a basic education is synonymous to the

acquisition of basic learning needs. This means that the term basic education refers to basic

learning needs. Describing the basic learning needs, the World Declaration states that:

These needs comprise both essential learning tools (such as literacy, oral expression,

numeracy, and problem solving) and the basic learning content (such as knowledge,

skills, values, and attitudes) required by human beings to be able to survive, to

develop their full capacities, to live and work in dignity, to participate fully in

development, to improve the quality of their lives, to make informed decisions, and to

continue learning.

57 http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/Tomasevski_Primer%202.pdf accessed 16 March 2016 58 Gen Comment No. 11, Plans of action for Primary Education (art.14), E/C.12/1999/4, 10 May 1999, para. 6 59 http://unesdoc.unesco.org/images/0012/001275/127583e.pdf accessed 29 February 2016



http://unesdoc.unesco.org/images/0012/001275/127583e.pdf


Thus, there is no internationally agreed definition of basic education, and its scope varies

with individual countries and cultures, and inevitably, changes with the passage of time.”60

With the expansion of mass education since the 1950s, and the increasing

understanding of education as an imperative to human and national development, great

emphasis was placed on Universal Primary Education (UPE). However, the concept of basic

education has come to the fore following the adoption of the World Declaration on Education

for All in 1990. As s75 of the Constitution enshrines, the right to a basic State-funded

education it has become necessary to delineate the scope of this term, as this will determine

the scope of the obligations imposed.

In its preamble, the World Declaration on Education for All stresses the importance of

meeting ‘basic learning needs’ which is consider as the ‘ultimate goal’. An ‘expanded vision’

of ‘basic education’ is proposed to enable everybody, children, youth, and adults, to meet

these needs. ‘Basic education’ is defined as ‘action designed to meet ‘basic learning needs’.

The Framework of Action of the World Conference on Education for All is a text rather

general in nature in the sense that it identifies educational issues that need to be addressed but

leaves it up to each country to decide the way to address these issues according to the

national context. It goes on to add that ‘basic education’ ‘must correspond to actual needs,

interests, and problems of the participants in the learning process.

Case of Nigeria on ‘Basic Education’

Nigeria is one country where the right to education has been consistently protected through

State legislation and policy. The definition of ‘Basic education’ has been expansively

interpreted in Nigeria. Section 3 of The National Policy on Education, 2004 defines basic

education as a type of education comprising 6 years of primary education and 3 years of

junior secondary school. This education is free and compulsory. The policy covers adult and

non-formal educational programmes at primary and junior secondary school levels for both

adults and out-of school youths. The three main components envisaged by the Policy are;

universal, basic and education. It is understood that basic education is the type of education

that every individual must have. It should not be a privilege but a right and it should be the

sum total of an individual’s experience.61

60 The World Declaration on Education for All, 1990 61S.O. Labo-Popoola, A.A. Bello and F.A. Atanda, Universal Basic Education in Nigeria: Challenges and Way Forward, Medwell Journals, Nigeria, 2009


For Zimbabwe, the Education Act itself provides some guidance as to the meaning of

what ‘basic education’ ought to be. In its current iteration it provides for compulsory primary

education for every child of school-going age and places the onus on the parents of any such

child to ensure that such child attends primary school.62 It is arguable then, that the

constitutional right to a basic State- funded education goes beyond primary education, as the

framers of the Constitution could simply have maintained the wording in the Education Act

had they wished to restrict the right to only primary education. Further, given the country’s

already high literacy rates, basic education should go beyond primary education, as solely a

primary education will not enable an individual to live in dignity, participate fully in

development, or improve the quality of their lives as required under the World Declaration.

Thus it is recommended that section 5 of the Act should be amended to state:

Every child in Zimbabwe as a right to a basic State-funded education which should

include secondary education

The right to a basic State- funded education is from the level of the first grade to the

level of the sixth form, and includes adult education, special education and any

education declared by the minister to be basic education.’

Exclusion for Non Payment of Fees Potentially Unconstitutional

The exclusion of learners on the basis of failure or inability to pay school fees and/or non-

payment of school fees may potentially amount to discrimination proscribed under s56 of the

Constitution. Section 12 of the Act, titled- ‘Exclusion for non-payment of General Purpose

Funds’ provides that The Head of a Government school may, subject to the directions of the

Secretary, refuse to admit to that school any pupil in respect of whom fees payable at

government schools have not been paid.63 An element of availability and accessibility is

affordability as discussed above. Basic education must be affordable to all, and the exclusion

of learners for non-payment of fees is thus contrary to the 1960 UNESCO Convention against

Discrimination in Education (CADE), States also have an obligation to assure compliance by

all with the obligation to attend school as prescribed by law. Thus it is recommended that:

62 S5 of the Education Act 63 Section 12(4) of the Education Act


Section 12(4) be removed, and the exclusion of learners for non-payment of fees be

expressly outlawed.

Prescribing of fees at Government schools

The progressive realisation of the right to education means that while states must prioritise

the provision of free primary education, they also have an obligation to take concrete steps

towards achieving free secondary and higher education.64 Secondary education “shall be

made generally available and accessible to all by every appropriate means, and in particular

by the progressive introduction of free education”. The phrase “generally available” signifies,

firstly, that secondary education is not dependent on a student’s apparent capacity or ability

and, secondly, that secondary education will be transmitted throughout the state in such a way

that it is available on the same basis to all.65

Thus, the Act ought to be amended to reflect the state obligation to provide primary

school education which ought to be provided without charge to the child, parents or

guardians. Fees imposed by the government, the local authorities or the school, and other

direct costs, constitute disincentives to the enjoyment of the right and may jeopardise its

realisation. Payment of fees potentially reinforces the selling of education according to the

purchasing power of buyers, and creates the risk of depleting education from remaining a

public good.66

Comparative case studies on provisions of universal, free primary education

Most countries in the world now guarantee the provision of universal, free primary education

with more than half in Africa, having passed legislation to ensure the availability of free

education at primary level. Some countries like Uganda, Nigeria and South Africa make

provision for free education up to secondary level. From the study carried out, is quite

apparent that most countries, and in particular in Africa, recognise the value and role that

access to education for all plays in the fight for eradication of poverty and upliftment of

64 General Comment No. 13 para 13. 65 Ibid., para. 14 66 http://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/Tomasevski_Primer%203.pdf accessed 15 February 2016




socio-economic standards of people. Consequently the trend by many states has been to move

away from any type of fees for basic education.67

South Africa- A case study on School fees Exemption policy

South Africa has implemented the ‘the so-called’ School Fees Exemption policy in

accordance with Section 29 (1) (a) of its constitution that provides that, “Everyone has the

right to a basic

Education, including adult basic education”. A number of policy and legislative instruments

have been passed to give effect to the right guaranteed in the constitution. These include, the

South African Schools Act 84 of 1996 (SASA), Regulations relating to the exemption of

parents from payment of school fees in public schools and the National Educational Policy

Act 27 of 1996, together with related regulations and notices, and other provincial legislation.

The net effect of the Constitution and the subsidiary legislation and the various polices has

been to guarantee free basic education for all students regardless of the availability of

resources. The main feature of the no-fee policy approach is the vesting of power in the

minister of education to exempt certain schools from charging fees, based on poverty levels

of the area they serve. The government determines which schools qualify to be no-fee schools

using data from the Poverty Index supplied by Statistics South Africa.

The South African model68 has universal free education up to matric level, which is the

equivalent of secondary school in Zimbabwe, in an intricately layered way as shown below:

Schools that qualify to be no-fee schools using data from the Poverty Index charge no

fees.

There is automatic exemption from fees for a number of categories of persons that

include persons with the responsibility of a child placed in foster home; a youth care

centre; place of safety; or an orphanage; a person who is a kinship caregiver of an

orphan or of a child who has been abandoned by his or her parents; and is without any

visible means of support; a person who receives a social grant on behalf of a child; or

a child who heads a household;

67 For a wider discussion on the trends on abolition of fees and the lessons learnt and challenges faces, see for example: Raja Bentaquet Kattan, Implementation of free basic education Policy, World Bank (2006), UNICEF, Abolishing School Fees in Africa, Lessons from Ethiopia, Ghana, Kenya, Malawi and Mozambique, 2009 68 See generally, South African Schools Act 84 of 1996 (SASA), Regulations relating to the exemption of parents from payment of school fees in public schools


Partial exemption: This applies to a parent who, owing to personal circumstances

beyond his or her control, cannot pay the full amount owing and is entitled to a

reduced amount;

Full Exemption: This applies to a parent who, owing to personal circumstances

beyond his or her control, cannot pay even the reduced amount; or does not qualify

for exemption but supplies information indicating his or her inability to pay school

fees owing to personal circumstances beyond his or her control.

Thus it is recommended that:

Section 13 expressly provide for universal, free primary education. This has been

adopted legislatively in a number of jurisdictions on the continent and abroad. See for

example section 8 and 9 of the Indian Right to Free and Compulsory education Act,

2009

The ministry may also consider and adopt a number of model approaches, in light of

the case study from South Africa that takes into cognizance the diverse socio-

economic status of its people and proffers a model that ensures that no child fails to

attend to school due to non-payment of fees

Whilst the South African Model provides for free education all the way to matric

level, locally this may be done at primary level, with a view to progressively realise

free education up to secondary level in due course

The ministry may also consider rolling out pilot projects in specific areas for free

universal education with a view to expand nationally. A number of African countries

such as Nigeria, Ghana and Mozambique have adopted this approach

Right to Further Education

Section 75(1) (b) further provides for the right to further education which the State, through

reasonable legislative and other measures, must make progressively available and accessible.

Further education includes technical and vocational education (TVE), which is an

integral part of both the right to education and the right to work. TVE consists of “all forms

and levels of the educational process involving, in addition to general knowledge, the study

of technologies and related sciences and the acquisition of practical skills, know-how,


attitudes and understanding relating to occupations in the various sectors of economic and

social life”.69

International Labour Organization (ILO) conventions to which Zimbabwe is a party also

underscore the importance of vocational training.70

The right to TVE includes the following aspects:

(a) it enables students to acquire knowledge and skills which contribute to their personal

development, self-reliance and employability and enhances the productivity of their

families and communities, including the state party’s economic and social

development;

(b) it takes account of the educational, cultural and social background of the population

concerned; the skills, knowledge and levels of qualification needed in the various

sectors of the economy; and occupational health, safety and welfare;

(c) it provides retraining for adults whose current knowledge and skills have become

obsolete owing to technological, economic, employment, social or other changes;

(d) it consists of programmes, which give students, especially those from developing

countries, the opportunity to receive TVE in other States, with a view to the

appropriate transfer and adaptation of technology;

(e) It consists, in the context of the Covenant’s non-discrimination and equality

provisions, of programmes which promote the TVE of women, girls, out-of-school

youth, unemployed youth, the children of migrant workers, refugees, persons with

disabilities and other disadvantaged groups.

Thus, it is recommended that

a. The Education Act should address how the State will ensure that all Zimbabweans are

able to progressively attain tertiary education.

b. Technical and Vocational education should be integrated across the school

curriculum.

c. The Acts establishing the various State Universities should also be aligned to reflect

the new constitutional order.

69 General Comment No. 13, supra note 1, para. 15; K. Singh, ‘Right to Education and International Law: UNESCO’s Normative Action’, 44 Indian Journal of International Law (2004) pp. 488–520. 70 A view also reflected in the Human Resources Development Convention 1975 (Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962 (Convention No. 117) of the International Labour Organization


Adult Education

Section 75 also envisages the realisation of the right to education for adults. Under Article

13(2)(d), of the ICESCR individuals “who have not received or completed the whole period

of their primary education” have a right to fundamental education, or basic education as

defined in the World Declaration on Education For All.71 Thus, it is recommended that:

Curricula and delivery systems must be devised which are suitable for older students.

i. Curriculum Review

The quality and relevance of the education is also a factor to be taken into account as the right

to education has both qualitative and quantitative aspects. Part 2 of Article 26 of the ICESCR

indicates requirements to the quality of education, stating, that “Education shall be directed to

the full development of the human personality and to the strengthening of respect for human

rights and fundamental freedoms.” While, not expressly defined in any of the conventions

above, there have been various efforts to define “quality education”, including the 2011

report of the UN Special Rapporteur on the Right To Education, the 2005 Education For All

Global Monitoring Report, the UNICEF report on Defining Quality in Education (2000), the

Global Campaign for Education’s World Assembly resolutions (2004, 2008, 2011) and

Quality Resource Pack (2008) and the definition provided by the Inter-Agency Network on

Education in Emergencies (INEE).

The consensus emerging across these definitions is that quality education is one which

provides individuals and their societies with the ability to develop and thrive personally,

socially, politically and culturally; that develops the learner’s personality, talents and mental

and physical abilities to their fullest; and is geared towards the strengthening of citizenship,

human dignity and a culture of peace, as proclaimed in Article 26 of the 1948 Universal

Declaration of Human Rights. This means it must result in the acquisition of knowledge

(including in areas such as gender, health, and nutrition), values (including non-

discrimination, cooperation and dialogue, peaceful resolution of conflicts), skills (including

but not limited to literacy, numeracy and life skills), capabilities, and active.

Recommendations

The Act should provide for continuous assessment of the educational curriculum so

that it remains relevant and meaningful.

71 General Comment No. 13 para 18.


Curriculum should be reflective of the national character, and should not be non-

discriminatory.

The Act should set out the minimum outcomes or standards of basic education

The Act should set out the framework for learners to be taught in their mother tongues

Treasury allocation for Education

Governments should allocate sufficient finance for education particularly basic education.

The recognised international target is a minimum of 20% of the national budgets or 6% of

GDP to education. 72 Where Treasury allocates funds to education, the money should be well

spent. Investment should be in the priority areas of addressing the trained teacher gap,

ensuring sufficient and high-quality schools, and reaching the out-of-school including by

addressing structural inequality in the education system. There is also need for transparent

and accountable systems to be put in place to ensure oversight of spending to avoid leakages,

misdirection, and under-spending. 73

Recommendation

The Education Act should reflect the obligation to adequately fund the education

sector.

Broadening of Ministerial Functions.

Section 7 of the Act provides that the Minister shall promote and enhance the education of

the people of Zimbabwe and the progressive development of institutions devoted to that

purpose and the Minister shall secure the provision of a varied, comprehensive and constantly

developing educational service throughout Zimbabwe.

Recommendation

The provision should be broadened to include the state obligation to develop a

national plan of action for the progressive realisation of the right to education.

Role of teachers

Teachers are at the heart of quality education. The role of teachers in educating

children in terms was laid down by the Supreme Court of India in Andhra Kesari

72 5 UNESCO, 1996, Jacques DELORS, Learning: The Treasure Within, France: UNESCO, Report to UNESCO

of the International Commission 73 http://www.beyond2015.org/sites/default/files/Beyond%202015-Education.pdf accessed 20 February 2016

http://www.beyond2015.org/sites/default/files/Beyond%202015-Education.pdf


Education Society V. Director Of School Education & Others, AIR 1989 SC P.183, wherein

the Indian Supreme Court restated that teachers are the engine of the educational system.

Thus, schools should have a sufficient number of trained teachers, receiving good quality pre-

service and in-service training with built-in components on gender sensitivity, non-

discrimination, and human rights. General Comment 13 also provides that all teachers should

be paid domestically competitive salaries. There is overwhelming consensus that the most

important factor in ensuring a quality education and strong learning outcomes is the presence

of adequate numbers of skilled, valued, well-trained, knowledgeable and well-supported

teachers.74 Low status and low pay for teachers, contributes to poor teaching, teacher

absence, attrition, failures in child protection, and poor learning environments.75 Ii is

important for the States to attract and retain the best possible candidates in teaching, by

treating it as a respected profession, with clear professional standards, good quality training

and adequate compensation. Training must include appropriate pre-service training as well as

routine in-service training, linked to professional development, so that teachers are up-to-date

on the most recent curriculum content and pedagogy, have an understanding of child rights,

non-violence and inclusion, and understand a professional code of conduct.76

The UNESCO-ILO Recommendation concerning the Status of Teachers provides a

comprehensive normative framework on teachers’ status, including their responsibilities,

career advancement opportunities, security of tenure and conditions of service. Further,

Article 13.2.e, of the ICESCR provides that the material/physical? conditions of teaching

staff shall be continuously improved.

Morale and motivation in the teaching profession remain urgent challenges, despite

some real progress in improving teacher incomes. From 2009, following the collapse of the

national currency, the government was able to pay a flat rate of US$100 per month to all civil

servants including teachers. This has been gradually increased and a more graduated scale

and allowances have been reinstated, so that as of July 2011 a diploma-qualified teacher

would start at a monthly income of US$363 (US$232 basic salary, US$66 transport

allowance and US$65 housing allowance). The Poverty Datum Line (PDL) in July 2011 was

74 See e.g. the review of evidence in GCE & EI (2012). Closing the Trained Teacher Gap. Johannesburg: GCE. http://www.campaignforeducation.org/docs/reports/ECNAT%20Report_RGB.pdf 75 See generally, Closing the Trained Teacher Gap (2012) Global Campaign for Education and Education International 76 ibid


US$540, indicating that the starting salary for a qualified teacher remains substantially below

the minimum amount required to sustain a small household.

Recommendation

The Education Act should expressly state the importance of teachers in the education

system and the governmental obligation to ensure their welfare.

Educational Freedom

Section 60(4) of the Constitution provides for the right of religious communities to establish

institutions where religious instruction may be given, even if the institution receives a subsidy

or other financial assistance from the State. Section 60(3) further recognises the right of

parents and guardians of minor children to determine the moral and religious upbringing of

their children, provided they do not prejudice the rights to which their children are entitled

under the Constitution, including their rights to education, health, safety and welfare.

This is in accordance with part 3 of Article 13 of the ICESCR which requires states to

respect the liberty of parents to choose schools for their children. As noted by Tomasevski,

one element of this freedom is that States undertake to respect the liberty of parents and

guardians to ensure the religious and moral education of their children in conformity with

their own convictions.77 The second element of this part of Article 13 is the liberty of parents

and guardians to choose options other than public schools for their children, provided the

schools conform to “such minimum educational standards as may be laid down or approved

by the State”. This has to be read with the complementary provision, of Part 4 Article 13,

which affirms “the liberty of individuals and bodies to establish and direct educational

institutions”, provided the institutions conform to the educational objectives set out in Part 1

Article 13 and certain minimum standards. 78

The Education Act to some extent already recognises this right. However, as evidenced

from litigation in cases such as Dzvova v. Minister of Education, Sports and Culture &

Others SC 91/06 Madziwa v. Minister of Education, Sports and Culture and Others HC

1839/14 v. Makani & Others v. Arundel School & Others CCZ 17/15, school heads

sometimes violate the religious rights of learners under the guise of uniformity and fostering

collegiality. Thus it is recommended that:

77 https://www.mruni.eu/upload/iblock/6bf/8praneviciene,%20puraite.pdf accessed 21 February 2016 78 ibid

https://www.mruni.eu/upload/iblock/6bf/8praneviciene,%20puraite.pdf


The Act should expressly restate learners’ freedom of conscience and religion and

outlaw practices which infringe on this right.

Within the learning environment the Act must provide for neutrality from religious

influences

Duties of local authorities

Section 8 of the Act enjoins every local authority to establish and maintain such primary

schools as may be necessary for all children in the area under its jurisdiction.

Recommendation

In line with the principle of devolution set out in Chapter 14 of the Constitution, this

provision should be broadened to include provincial and metropolitan councils.

Establishment of Private Schools

The Constitution enshrines the freedom to establish schools. Article 13(3) of the ICESCR,

has two elements, one of which is that states parties undertake to respect the liberty of parents

and guardians to ensure the religious and moral education of their children in conformity with

their own convictions. Article 13(3) permits public school instruction in subjects such as the

general history of religions and ethics if it is given in an unbiased and objective way,

respectful of the freedoms of opinion, conscience and expression. Given the principles of

non-discrimination, equal opportunity and effective participation in society for all, the State

has an obligation to ensure that the liberty set out in Article 13(4) does not lead to extreme

disparities of educational opportunity for some groups in society.79 Thus, the Act should:

Strengthen the regulatory role of the Minister in private schools

Language Policy

Section 3(2) (h) of the Constitution states that the principles of good governance, which

bind the State and all institutions and agencies of government at every level, include the

fostering of national unity, peace and stability, with due regard to diversity of languages,

customary practices and traditions. Thus, the following languages, namely Chewa,

Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, sign

language, Sotho, Tonga, Tswana, Venda and Xhosa, are the officially recognised languages

79 General Comment No. 13, supra note 1, para. 29


of Zimbabwe.80 Further, every person has the right to use the language of their choice.81

Research has shown that when children’s first language is used as the optimal language for

literacy and learning throughout primary schoolthey are more likely to enrol and succeed in

school. The learning needs of children must be satisfied, taking into account the culture,

needs and opportunities of the community.(Kosonen, 2005); parents are more likely to

communicate with teachers and participate in their children’s learning (Benson, 2002); girls

and rural children with less exposure to a dominant language stay in school longer and repeat

grades less often (Hovens, 2002; UNESCO Bangkok, 2005); and children in multilingual

education tend to develop better thinking skills compared to their monolingual peers (e.g.,

Bialystok, 2001; Cummins, 2000; King & Mackey, 2007). This aspect of the right to

education is violated when the State fails to provide educationally adequate means for

members of linguistic minorities to learn.

Recommendations

There should be no discrimination in respect of official languages that are offered as

subject options.

Learners should be taught in their mother tongue.

Accordingly s62 of the current Act should be amended to reflect the plurality of

Zimbabwe’s official languages.

PART 5:

OTHER MATTERS NOT PROVIDED FOR IN CURRENT ACT

Best Interests of the Child

This principle is paramount and should be reflected throughout the Act. Best interests or best

interests of the child is a child rights principle, which derives from Article 3 of the UN

Convention on the Rights of the Child, which says that “in all actions concerning children,

whether undertaken by public or private social welfare institutions, courts of law,

administrative authorities or legislative bodies, the best interests of the child shall be a

primary consideration”. Assessing the best interests of a child means to evaluate and balance

80 Section 6 of the Constitution of Zimbabwe 81 Section 63 of the Constitution of Zimbabwe


all the elements necessary to make a decision in a specific situation for a specific individual

child or group of children.

Recommendation

Accordingly, it is recommended that the Preamble to the Act enjoin stakeholders to

assess the implications for the child before a decision can be made.

School Discipline

The current Act is silent on the aspect of school discipline, defined here as ‘the system of

rules, punishments, and behavioural strategies appropriate to the regulation of children or

adolescents and the maintenance of order in schools. Its aim is to control the students' actions

and behaviour’.82 This aspect is currently governed by various Regulations and statutory

instruments, including the Education (Disciplinary Powers) Regulations, 1998 (SI

362/1998).This leaves the system prone to abuse as there is no monitoring of schools for

compliance with the regulations.

Further the Regulations are possibly ultra vires the Constitution as corporal

punishment has been determined as amounting to torture, or cruel, inhuman or degrading

treatment or punishment proscribed by section 53 of the Constitution. In S v C, Muremba J

noted that:

…this elaboration of the children’s rights in conformity with the regional and

international conventions that Zimbabwe has ratified demonstrates that the new

Constitution does not allow for the imposition of corporal punishment anymore…s53

of the Constitution of the new Constitution seems to outlaw the infliction of corporal

punishment on children by their parents, guardians or by persons in loco parentis.

Under the old Constitution parents, guardians and persons in loco parentis were

allowed to inflict moderate corporal punishment on children. It appears that that

position has since changed.’

Thus, authorities should ensure that disciplinary measures do not infringe upon the rights of

the children, and that school heads do not administer corporal punishment. Child centred

learning is at the core of the realisation of the right to education. To this end, Ethiopia,

82 Cotton (December 1990). "Schoolwide and Classroom Discipline". School Improvement Research Series (Northwest Regional Educational Laboratory,< http://web.archive.org/web/20080212033545/http://www.nwrel.org/scpd/sirs/5/cu9.html > accessed 29 February 2016


Kenya, Swaziland and South Africa and Uganda have all outlawed the use of corporal

punishment in schools, and it is proposed that Zimbabwe should do the same. Before

proposing alternatives, it is necessary to define what is meant by corporal punishment. The

following definition, by the Committee on the Rights of the Child, is the most widely

accepted understanding of what is meant by corporal punishment viz;

Any punishment in which physical force is used and intended to cause some degree of

pain or discomfort, however light. Most involves hitting (smacking, slapping, spanking)

children with the hand or with an implement—whip, stick, belt, shoe, wooden spoon, etc. But

it can also involve, for example, kicking, shaking or throwing children, scratching, pinching,

burning, scalding, or forced ingestion (for example, washing children’s mouths out with soap

or forcing them to swallow hot spices). In addition, there are other non-physical forms of

punishment which are also cruel and degrading and thus incompatible with the Convention.

These include, for example, punishment which belittles, humiliates, denigrates, scapegoats,

threatens, scares or ridicules the child.83

A survey conducted by the Zimbabwe National Statistics Agency (ZIMSTAT) in

2015 found that 63% of children age 1-14 years experienced “violent punishment”

(psychological aggression and/or physical punishment) during the month preceding the

survey: 53% experienced psychological aggression, 36% physical punishment and 5% severe

physical punishment (hit/slapped on the face, head or ears and/or beat up, hit over and over as

hard as one could). Harare had the highest percentage of severe physical punishment (8%),

Matabeleland South Province the lowest (2%). Children aged 3-9 years were more likely to

be subjected to violent discipline than any other age group and children in urban areas (68%)

were subjected to some form of violent discipline more than their counterparts in rural areas

(61%). On average, 38% of respondents believed that physical punishment is needed to bring

up, raise, or educate a child properly. In contrast, 24% of children experienced only non-

violent discipline.84 A 2012 survey similarly found that most of the victims of corporal

punishment were girls, and that all of the perpetrators were male and accused of beating the

child with a stick. It also found that some of the perpetrators were discharged from the

83 See UN Committee on the Rights of the Child (CRC), General comment No. 8 (2006): The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (Arts. 19; 28, Para. 2; and 37, inter alia), 2 March 2007, CRC/C/GC/8, available at: http://www.refworld.org/docid/460bc7772.html [accessed 26 September 2016] 84 Zimbabwe Multiple Indicator Cluster Survey 2014: Final Report, Harare, Zimbabwe: Zimbabwe National Statistics Agency


teaching service and others were found not guilty of the offences, highlighting an

inconsistency in approach.85

Alternatives to corporal punishment thus include:

Positive discipline –This entails guiding children’s behaviour by paying attention to

their emotional and psychological needs. It focuses on the positive points of

behaviour, based on the idea that there are no bad children, just good and bad

behaviours. When necessary, positive discipline includes nonviolent consequences for

poor behaviour.86 It uses consequences that replace the experience of humiliation with

some of the following;

Considering the effects of one’s behaviour

Identifying alternative and preferred behaviours

Demonstrating understanding of why a preferred behaviour is important

Making amends for harm done to others or the environment

Positive discipline does not reward children for poor behaviour. It provides children with an

opportunity to grow as individuals by understanding their mistakes and appreciating how

appropriate behaviour can bring them positive experiences and opportunities.87

Positive discipline could include:

i. Reflection - For minor infractions, such as coming late to school or being disruptive

in class, a teacher could ask children to think about their misbehaviour by using one

of the following techniques:

i. Imposing a time-out. This would involve asking children to either

leave the class or sit in a quiet place to think about their behaviour. To

be released they have to articulate what they did wrong and how they

will avoid repeating the mistake.

85 Shumba A. et al (2012), “An Exploratory Study of Corporal Punishment by Teachers in Zimbabwean Schools: Issues and Challenges” International Journal of Educational Science, 4(3), 279-287 86 Madison Metropolitan School District Student Conduct and Discipline Plan" https://board.madison.k12.wi.us/files/boe/Full%20Code%20of%20Conduct%20Draft%201_1.8.14.pdf accessed 26 September 2016. 87 Alternative for Corporal Punishment Handbook, http://www.unicef.org/uganda/Alternatives_for_Corporal_Punishment_Handbook_final_2008.pdf, accessed 26 September 2016

http://www.unicef.org/uganda/Alternatives_for_Corporal_Punishment_Handbook_final_2008.pdf


ii. Letter/ Essay writing. This could involve asking children to write a

letter or an essay on why they behaved in a certain way and what they

will do to avoid repeating the mistake. The writing should include an

apology.

iii. Oral apology. This involves asking children to apologise to the

wronged person and to ask for forgiveness.

ii. Penalty - For offences that are persistent and detrimental a teacher could impose an

appropriate penalty. Penalties within a positive discipline approach include the

following:

i. Withdrawal of privileges, such as children not being allowed to go

out during recess or to play games during school.

ii. Additional time at school (detention), - children remaining after

school to reflect on what they did wrong

iii. Reparation - For offences that cause damage to a third party, such as hitting other

students, bullying younger children, damaging property, or fighting and causing

general disorder in school, a teacher could insist that a child undertake public

reparations including:

i. The child makes a public apology such as during assembly.

ii. If feasible, the child contributes toward replacing or repairing the

damage, based on the capacity of the child and the damage made.

iii. The child receives a notation on his disciplinary record.

iv. The school involves parents in preventing a repeat of the behaviour

iv. Measures of last resort - For persistent and serious offences, the following

interventions may be necessary

i. Summon and discuss the problem with the child’s parents

ii. Implement a time-bound suspension with a written warning and

referral to a counsellor where possible.

iii. As a very last resort, refer the case to the appropriate authority with a

recommendation for expulsion from the school, and an action plan for

next steps which may help the child.

Recommendations

Learners should not be subjected to corporal punishment of any form


Alternative forms of discipline such as detention should be pursued as articulated

above.

Learning Environment

Quality education also entails the provision of a well-qualified and well-supported teaching

material. Textbooks, including large-print books and Braille books, as well as sign language,

must be provided for children with disabilities. There are also concerns on whether those

children who are in school are actually learning, and if so what they are learning and what

values underpin their education. The current reality is that far too often schooling is not

resulting in the acquisition of even basic knowledge, skills, and aptitudes, let alone more

complex analytical, critical or creative thinking, or values of collaboration, dialogue and

peaceful resolution of conflict. The chronic lack of funding may undermine quality, curricula

and pedagogical approaches are failing children, as they often learn through rote learning. It

is recommended that the Act reflect the need to:

i. Create an enabling learning environment which is also embedded with values of

inclusiveness, dialogue and collaboration, peaceful resolution of conflict and an

ethic of care.

ii. Acknowledge that crucial learning takes place outside the classroom, where play and

conviviality are recognized as key.

Women, Orphans and Vulnerable Children

Education has a vital role in empowering women, safeguarding children from exploitative

and hazardous labour and sexual exploitation, and controlling population growth.88 Special

measures in line with CEDAW, CRC….. Children living with HIV face problems of school

enrolment, attendance and performance. ICESCR itself recognises that special measures are

required to protect the rights of children and young people, and mothers for a reasonable

period before and after childbirth by particular groups or individuals who need special

assistance to overcome structural disadvantages in order to enjoy equality.89 The ICESCR

itself recognises that special measures are required to protect the rights of children and young

people, and mothers for a reasonable period before and after childbirth. The prohibition

against discrimination enshrined in Article 2(2) ICESCR applies fully and immediately to all

88 Manoj Kumar Sinha, Right to Education: Indian and International Practices, 89 Article 10(1) of the ICESCR.


aspects of education and encompasses all internationally prohibited grounds of

discrimination. Such special measures are to be withdrawn once their objectives are achieved,

but they provide an indispensable mechanism for addressing deeply embedded structural

inequalities. 90

Special mention must also be made for the girl-child who may be vulnerable after

falling pregnant while at school. International law and jurisprudence from similar

jurisdictions seem to favour their protection from expulsion. In a recent case91 from South

African it was held that policies that allowed for expulsion of pregnant children were a

unconstitutional for a number of reasons: Such policies were discriminatory as they

differentiated between students on the basis of pregnancy, which is disallowed under section

9(3) of the Constitution. The policies also limited pregnant students’ fundamental right to

education, as protected by section 29 of the South African Constitution, by requiring students

to repeat up to a year of schooling. Further, it was held that the inflexible nature of the

policies, which require the automatic exclusion of pregnant students, violated section 28(2) of

the Constitution, which provides that a child’s best interests are of paramount importance in

every matter concerning a child. Similar conclusions may be reached in Zimbabwe

considering the similarities in provisions of both constitutions.

Thus it is recommended that the Act provides for:

Affirmative action measures for marginalised groups;

Non exclusion of learners on account of pregnancy

CONCLUSION

That the right to education is at the core of the social and economic development of any

society is indisputable. The right is essential to human kind and has a direct bearing on, and is

vital for, the economic, social and cultural development of all societies. It is in this sense that

beyond being a right itself, education is deemed to be an “enabling” right, that is, it enables

people to develop those necessary skills, as well as the capacity and confidence to secure

other human rights. Education is thus a fundamental right, and is the primary vehicle by

90 http://rwi.lu.se/app/uploads/2012/04/Right-to-Education-Indian-and-International-Practices-Manoj.pdf accessed 11 February 2016 91 Head of Department, Department of Education, Free State Province v Welkom High School and Another Case (CCT 103/12) [2013] ZACC 25 (10 July 2013)



which economically and socially marginalised adults and children can lift themselves out of

poverty and obtain the means to participate fully in their communities.92

The need for the availability of the right to education is emphasised through the

entrenchment of the right within the supreme law of Zimbabwe, the Constitution. It is

therefore critical that the spirit and letter of the Constitution and the relevant international

normative standards ascribed to by Zimbabwe be reflected in subsidiary legislation. In this

respect such legislative provisions should be primarily entrenched in the Education Act,

hence the proposals given above to amend this particular act. These amendments are

desirable to the extent they reflect the new constitutional dispensation and are consistent with

the international human rights framework that Zimbabwe ascribes to. More critically a strong

rights-based legislative framework gives the learners an opportunity to achieve their full

potential in respect of their social, cultural and economic development goals.

92 ibid


REFERENCES

1. Right to Education: Indian and International Practices Manoj Kumar Sinha available

at http://rwi.lu.se/app/uploads/2012/04/Right-to-Education-Indian-and-International-

Practices-Manoj.pdf

2. Right to Education, A Primer available at http://www.right-to-

education.org/sites/right-to-education.org/files/resource-

attachments/Tomasevski_Primer%203.pdf

3. Woolman S and Bishop M “Education” in Woolman S et al Constitutional Law of

South Africa (2009)

4. UNESCO, 1996, Jacques DELORS, Learning: The Treasure Within, France:

UNESCO, Report to UNESCO of the International Commission

5. International Law: UNESCO’s Normative Action Indian Journal of International Law

(2004) Human Resources Development Convention 1975 (Convention No. 142)

6. Social Policy (Basic Aims and Standards) Convention 1962 (Convention No. 117) of

the International Labour Organization

7. Review of evidence in GCE & EI (2012).

8. Closing the Trained Teacher Gap. Johannesburg: GCE.

http://www.campaignforeducation.org/docs/reports/ECNAT%20Report_RGB.pdf

9. Closing the Trained Teacher Gap (2012) Global Campaign for Education and

Education International

10. Cotton (December 1990). "Schoolwide and Classroom Discipline". School

Improvement Research Series (Northwest Regional Educational Laboratory,<

http://web.archive.org/web/20080212033545/http://www.nwrel.org/scpd/sirs/5/cu9.ht

ml > accessed 29 February 2016

11. Dorsey, et al, 1991

12. Mutumbuka, 1989

13. International Covenant on Economic Social and Cultural Rights (ICESCR) General

Comment No. 11

14. Gen Comment No. 11, Plans of action for Primary Education (art.14), E/C.12/1999/4,

10 May 1999,

15. World Declaration on Education for All, 1990

16. UNESCO Convention against Discrimination in Education (1960)

17. Universal Declaration of Human Rights (UDHR) and the International Covenant on

Civil and Political Rights (ICCPR






http://www.campaignforeducation.org/docs/reports/ECNAT%20Report_RGB.pdf


18. International Covenant on Economic, Social and Cultural Rights (ICESCR)

19. Convention on the Rights of the Child (CRC)

20. The African Charter on the Rights and Welfare of the Child

21. International Covenant on Civil and Political Rights (ICCPR)

22. Convention on the Elimination of All Forms of Discrimination against Women

23. Constitution of Zimbabwe (Amendment No 20) Act 2013

24. Education Act [Chapter 25:04]

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