Seminar & Policy Discussion on Right To Education (RTE

Report
“Seminar & Policy Discussion on Right
To Education (RTE): Perspectives from
South Asia"
Islamabad
January 17, 2014
Key Objectives:
1. Taking stock of the RTE regimes and status at the
regional level in the context of EFA goals and MDGs.
2. To highlight the challenges and progress of South
Asia particularly the participant countries on
quality/learning and teacher challenges with
reference to Post 2015 Development conversations.
3. To share information on practices and possibilities
towards quality/learning, partnerships and private
sector in implementation of RTE in each context.
4. To provide recommendations on the way forward
for RTE and the Post 2015 Development Agenda
“Seminar & Policy Discussion on Right
To Education (RTE): Perspectives from
South Asia"
Session 1: National RTE Perspectives
Session 2: Status and Implementation in
other
countries
–
challenges
of
Quality(teachers - learning)
Session 3: RTE: Partnerships and Private
Sector- scope & on whose terms
Session 4: A Panel Discussion on RTE: New
Directions for South Asia – informing the
Post 2015 Development Goals
Session I: National RTE Perspectives
• Updates on 25 A from each province and ICT
• Provinces present their position on Right to
Education or Article 25 A
• Any legislation has taken place?
• If Legislation has taken place are the rules
in place or being made?
• Is 25 A reflected in the Education Sector
Plan of the province /Area?
• Has any costing been done of what sort of
funds/resources are needed
Right to Free and Compulsory Education Act
2012 – Islamabad Capital Territory (ICT)
Bill passed on July 09, 2012
Main Clauses of the Act:
 The Act consists of 29 Articles
Under the act, every child, regardless of sex, nationality or race, shall have a
fundamental right to free and compulsory education in a neighborhood school. Provision
for Special Education in Schools
After the commencement of this act all schools shall register with the government
whether public or private or otherwise be fined. It is the duty of the government to
establish schools and share other financial responsibilities
Parents who would refuse to send their children to schools would be fined with penalty
of 25,000 rupees and three month imprisonment
Provision of pre-school facilities and obligation on private schools to provide free
education
This act particularly speaks about the norms and standards of schools and
establishment of a “School Management Committee "with reference to Article 15 &16
For the service of teachers, this act lays downs the terms and conditions of service of
teachers (Article 17) along with the duties of teacher (Article 18)
The Act incorporates the monitoring of the medical and dental inspection of a child
overseen by the “Education Advisory Council”
The Act also defines miscellaneous clauses such as “Awards (Article 23)”, “Inspections
and directions (Article 25)”, “Prosecution of offenses (Article 26)” and concluding with
Article 27,28 & 29 defining authority of the government in special circumstances
THE SINDH RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION BILL, 2013
The Bill was signed on March 6th, 2013 by the Governor of Sindh
This Act consists of 30 Articles divided into 8 Chapters
This Law is in enforcement over the entire province of Sindh, pending rules of
implementation
Main features of the bill:
Right of free and compulsory education to all children
Refers to special provisions for education in case of enrollment and right of transfer
Duty of government or local authorities to establish a school as per financial
obligations, school attendance, provision of “pre-school education” and structure
Responsibility of private schools to provide free and compulsory education extending
towards finances (school registration and fee structure), admission of children and
norms and standards of functioning
Functioning and structure of public and private schools; establish “School
Management System”, duties of teachers (qualification & services) and other matters
related
Formulation of curriculum and evaluation procedure
Implementation and monitoring of child’s right to education to include an “Education
Advisory Council” overlooking the welfare and development of the child and the system
of awards
Miscellaneous procedures of registration, inspection and direction, prosecution of
offences, over-riding effects and power to make rules by the Government of Sindh
Countries report on Right to Education Initiatives
Pakistan
Province
Status of Legislation
Nature of Legislation
ICT/Islamabad)
Passed in the Parliament on Right to Free and Compulsory
December 19th, 2012
Education Act, 2012
Sindh
Passed in Province on March 6th, Right of Children to Free and
2013
Compulsory Education Act, 2013
Baluchistan
Passed in Province on March Baluchistan Compulsory and Free
15th, 2013
Ordinance, 2013
Khyber
Pakhtunkua (KPK)
Working on Draft legislation
Punjab
First draft legislation prepared Not available
by PML-Q in 2012
Draft Bill
Azad Jammu and Not available
Kashmir (AJK)
Not available
Gilgit
(GB)
Not available
Baltistan Not available
THE CONSTITUTION OF THE ISLAMIC REPUBLIC
OF PAKISTAN
RTE Provision
Chapter 1 - Fundamental rights (Chapter 1-Fundamental Rights)
Art. 25 (a) The State shall provide free and compulsory education to all children of
the age of five to sixteen years in such manner as may be determined by law.
Article 22:
(1) No person attending any educational institution shall be required to receive
religious instruction, or take part in any religious ceremony, or attend religious
worship, if such instruction, ceremony or worship relates to a religion other than
his own.
(2) In respect of any religious institution, there shall be no discrimination against
any community in the granting of exemption or concession in relation to taxation.
(3) Subject to Law,
(a) No religious community or denomination shall be prevented from providing
religious instruction for pupils of that community or denomination in any
educational institution maintained wholly by that community or denomination;
and
(b) No citizen shall be denied admission to any educational institution receiving
aid from public revenues on the ground only of race, religion, caste or place of
birth.
(4) Nothing in this article shall prevent any public authority from making provision
for the advancement of any socially or educationally backward class of citizens.
THE CONSTITUTION OF INDIA
Article 21-A: Right to Education: (Part III-Fundamental Rights)
The State shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law, determine. (EIGHTY-SIXTH
AMENDMENT ACT, 2002)
Art. 41. Right to work, to education and to public assistance in certain cases.
Art. 45. Provision for free and compulsory education for children.
Art. 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections.
Art. 51A (k) who is a parent or guardian to provide opportunities for education to his child or,
as the case may be, ward between the age of six and fourteen years. (EIGHTY-SIXTH
AMENDMENT ACT, 2002)
Status of Implementation:
Through Eighty Sixth Amendment, Article 21A was inserted in the Indian Constitution on 13th
December 2002.
The Right of Children to Free And Compulsory Education Act or RTE Act, 2009 was passed on
27th August 2009
RTE Act came into effect on 1 April 2010
All state and union territory governments have issued the RTE Rules, or adopted the Central
RTE Rules, except for Goa and Karnataka, which are yet to notify the state RTE rules.
CONSTITUTION OF THE PEOPLE’S REPUBLIC OF
BANGLADESH
Article 17 Free and compulsory education (Part 2-Fundamental Principles )
The State shall adopt effective measures for the purpose of –
a) establishing a uniform, mass-oriented and universal system of education and
extending free and compulsory education to all children to such stage as may be
determined by law; b) relating education to the needs of society and producing
properly trained and motivated citizens to serve those needs; removing illiteracy
within such time as may be determined by law.
Article 15: Provision of basic necessities
It shall be a fundamental responsibility of the State to attain, through planned
economic growth, a constant increase of productive forces and a steady
improvement in the material and cultural standard of living of the people, with a
view to securing to its citizensa) The provision of the basic necessities of life, including food, clothing, shelter,
education and medical care;
http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf
INTERIM CONSTITUTION OF NEPAL
(Part 3-Fundamental Right)
Article 17: Education and Cultural Right:
17 (1) Each community shall have the right to receive basic
education in their mother tongue as provided for in the law.
(2) Every citizen shall have the right to receive free
education from the State up to secondary level as provided
for in the law
(3) Each community residing in Nepal has the right to
preserve and promote its language, script, culture, cultural
civilization and heritage.
18 (3) Each community shall have the right to operate
schools up to the primary level in its own mother tongue for
imparting education to its children.
http://www.worldstatesmen.org/Nepal_Interim_Constitutio
n2007.pdf
ISLAMIC REPUBLIC OF AFGHANISTAN- THE
CONSTITUTION OF AFGHANISTAN
Chapter Two: Fundamental Rights and Duties of Citizens:
Article 43
Education is the right of all citizens of Afghanistan, which shall be offered up to the B.A. level in the state educational
institutes free of charge by the state. To expand balanced education as well as to provide mandatory intermediate
education throughout Afghanistan, the state shall design and implement effective programs and prepare the ground for
teaching mother tongues in areas where they are spoken.
Article 44
The state shall devise and implement effective programs to create and foster balanced education for women, improve
education of nomads as well as eliminate illiteracy in the country.
Article 45
The state shall devise and implement a unified educational curriculum based on the tenets of the sacred religion of Islam,
national culture as well as academic principles, and develop religious subjects’ curricula for schools on the basis of existing
Islamic sects in Afghanistan.
Article 46
Establishing and administering higher, general and specialized educational institutions shall be the duty of the state. The
citizens of Afghanistan shall establish higher, general and specialized educational as well as literacy institutions with
permission of the state. The state shall permit foreign individuals to establish higher, general and specialized institutions in
accordance with the provisions of the law. Admission terms to higher educational institutes of the state and other related
matters shall be regulated by law.
Article 47
The state shall devise effective programs for fostering knowledge, culture, literature and arts. The state shall guarantee
the copyrights of authors, inventors and discoverers, and, shall encourage and protect scientific research in all fields,
publicizing their results for effective use in accordance with the provisions of the law.
Chapter One: State
Article 17
The state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and
improve the condition of mosques, religious schools as well as religious centers.
http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
Session III
Focus on Quality - teachers
Focus on Private Sector engagement with RTE
– role and on whose terms
Financing of RTE ..
Session IV
RTE and Post 2015 Development Agenda
RTE scope
Post 2015 scope and conversations

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