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Constitutional Review: Group advocates free, compulsory education

Mrs Theresa Biniyat making presentation. (NAN)
Mrs Theresa Biniyat making presentation. (NAN)
 The group says the right to education is a major component of socio-economic rights.
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A coalition of international and local organisations has called for review of the 1999 Constitution to make the right to basic and senior secondary school education compulsory and enforceable.

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The group, made up of 29 organisations, made the appeal in a submission it presented on Wednesday at the ongoing Two-day Constitutional Review Zonal Hearing in Kaduna.

The group was being led by Malala Fund, PLAN International, UNICEF, Policy and Legal Advocacy Centre, Save the Children, Youth Hub Africa, and Civil Society Action Coalition on Education for All (SCACEFA).

SCACEFA Coordinator in Kaduna State, Mrs Theresa Biniyat, who made the presentation, explained that one of the key issues for the public hearing was socio-economic rights.

According to her, the right to education is a major component of socio-economic rights, adding sadly that gender equity in education remains a serious concern.

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A critical path to achieving gender equity is to make the fundamental right to free and compulsory primary, junior and senior secondary education for every Nigerian child in the constitution enforceable.

“The compulsory, free and universal basic primary and junior secondary education guaranteed by constitution is necessary to achieving gender equity and socio-economic rights in Nigeria.’’

Biniyat said the group had proposed that the constitution be amended to make the fundamental right to education enforceable by creating a new Section 39.

She said that the section should include the right to free and compulsory primary, junior and senior secondary education for every Nigerian child.

The new section 39 should read as follows, ‘One, every person shall be entitled to free, compulsory and universal primary, junior and senior secondary education.

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“And every government in Nigeria shall provide free, compulsory and universal basic education to every child from primary to senior secondary school.

“Two, every stakeholder in the education sector shall ensure that every parent or person who has the care and custody of a child sends his child or ward to primary, junior and senior secondary schools’.’’

She said that this had become necessary because there was no section under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 as amended which expressly provided for fundamental right to education in Nigeria.

According to her, the closest provision for right to education is Section 18 under Chapter II dealing with Fundamental Objectives and Directive Principles of State Policy.

Over 15 years after the enactment of the Universal Basic Education Act, Nigeria is still bedevilled with a large number of out of school children, a high per cent of who are girls.

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“This has recently been compounded by the COVID-19 pandemic and insecurity.

She explained that the coalition of the international and local organisations was supporting the process of making a legal framework for basic education more responsive to the current gaps in service delivery.

She said that the key results areas include quality, access and systems strengthening. 

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