In Malawi, and most probably in most African countries, it is a common sight to meet and see children going to school in the morning. Their colourful school uniforms reflect in the morning sun as they look forward to learning and playing. It is a journey that many primary school learners in Malawi eagerly anticipate, except for a few who find school time unappealing. Recognising the importance of education and the prospects that a good education promises to the children, their families and the country, the international community agreed to make education compulsory for all. The global, regional and domestic legal frameworks recognise education as a fundamental right that should be accessible to all.
“Education has also been linked to the development of a critical mind, which gives individuals the edge to claim their place in society.”
However, the promise of a free and accessible education, as outlined in international instruments, appears to be under threat. According to the National Education Sector Plan 2020-2030 (NESIP 2020-2030), long distances to school, poverty, inadequate learning and teaching infrastructure prevent children from attending school.[1] Additionally, hidden costs, including administration, security, and other user fees, appear to exert more significant pressure on primary school learners in Malawi, hindering their access to education. In this blog series, we explore the right to primary education in Malawi, the impact of user fees on educational accessibility, the role of various stakeholders in advocating for children’s right to education, and the call for constitutional compliance on the right to education from the perspectives of children.
Why the right to education?
The importance of education cannot be emphasised enough. Studies of all sizes and manner have attested to the correlation between education and national development, personal development and the prospects for a brighter future. Education has also been linked to the development of a critical mind, which gives individuals the edge to claim their place in society.[2] It is further claimed that the attainment, fulfilment, and enjoyment of other rights, such as the right to health, are contingent upon the right to education.
Education is also linked to the reduction of poverty. It is contended that education is an antidote to poverty because of its apparent prospects of a brighter future. Similarly, it is argued that through education, the poverty dynasty, which pushes children into child labour and all other forms of abuse, is broken.[3]
“In reflection of this, the Malawi Government recognises the right to education as a matter of national policy, as outlined in Section 13 of the Malawian Constitution.”
The school, which is the actual physical structure where most formal education takes place, serves as a safe haven for children to escape an exploitative environment. It is also a place where children develop character, form friendships, and explore their potential as they play and interact with their peers. It is therefore apparent that a threat to the right to education disrupts the overall development of the child and is most likely to be frowned upon by children, their parents and guardians and all that have vested interest in the lives of children.
Legal frameworks
Malawi is a party to the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Government has ratified these international instruments and is bound to ensure free and compulsory education, as well as protect children’s rights to education.[4] Specifically, the CRC obligates State Parties to the Convention to take appropriate measures, such as introducing free education and offering financial assistance in cases of need. Additionally, state parties are called upon to take measures to encourage regular attendance at schools and reduce drop-out rates.[5]
The Committee on the Rights of the Child stipulates that in fulfilling all the rights provided for in the CRC, the principle of non-discrimination must be observed.[6] This suggests that, in fulfilling the right to education, State Parties must ensure that proper administrative and legislative measures are in place to prevent children from being discriminated against, regardless of their status.
At the regional level, Malawi ratified the African Charter on Human and Peoples’ Rights (Banjul Charter) and the African Charter on the Rights and Welfare of the Child (ACRWC).
While the Banjul Charter accords every individual the right to education through Article 17, the ACRWC is more expansive and specific in its protection of the right to education for every child. The ACRWC obligates State Parties to take all appropriate measures to achieve the full realisation of this right. In more specific terms, State Parties are called upon to provide free and compulsory education and take measures to encourage regular attendance at schools and reduce the dropout rate.[7]
In fulfilling this right and all rights, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) calls upon states to ensure that all special measures are to diminish or eliminate conditions that cause discrimination, whether in the context of civil and political rights and in relation to the fulfilment of social, economic and cultural rights.[8]
Additionally, the ACERWC states that free education not only means the absence of tuition but also essentially means removing all financial barriers that children from poor families face in accessing education.[9] In other words, education should not come with hidden costs that could exclude low-income families. Such hidden costs most likely include donations requested from children and their families, paying for additional educational services, and levies that may cover school supplies, uniforms, and extracurricular activities.
By ratifying these international instruments, Malawi is obligated to fulfil all its responsibilities. In reflection of this, the Malawi Government recognises the right to education as a matter of national policy, as outlined in Section 13 of the Malawian Constitution. More specifically, the Constitution provides that the State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing education policies and legislation aimed at eliminating illiteracy in Malawi and making primary education compulsory and free to all citizens of Malawi.[10]
“In light of these obligations, which appear to be well-aligned with international standards, one wonders why and how the Malawi government is introducing a user fee for primary education.“
The Malawi government further enacted the Education Act 2013, which reflects the aspiration in the Constitution that primary education in Government schools shall be free of tuition to all and compulsory for every child below eighteen years of age.[11] In promoting education, the Act confers powers on the Minister to provide education for all people in Malawi, regardless of race, ethnicity, gender, religion, disability, or any other discriminatory characteristic. In the exercise of these duties, the Act requires the Minister to take into account the general principles of access, equality, and equity, among others.[12]
In light of these obligations, which appear to be well-aligned with international standards, one wonders why and how the Malawi government is introducing a user fee for primary education, which potentially restricts access to education. The impact of this shall be the focus of the next piece.
[1] National Education Sector Investment Plan 2020–2030 (Government of Malawi, 2020).
[2] Committee on the Rights of the Child, General Comment No 1: The Aims of Education (Article 29(1)) (17 April 2001) CRC/GC/2001/1.
[3] Kennedy Basu and Zafiris Tzannatos, ‘The global child labor problem: what do we know and what can we do?’ The World Bank Economic Review, 17(2), 147-173.
[4] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 art 13.
[5] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC) art 28(b).
[6] Committee on the Rights of the Child, General Comment No 1: The Aims of Education (Article 29(1)) (17 April 2001) CRC/GC/2001/1 para 10.
[7] African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999) CAB/LEG/24.9/49 (ACRWC) art 11 (3a, 3d).
[8] General Comment 5 on “State Party obligations under The African Charter on the Rights and Welfare of the Child (article 1) and Systems Strengthening for Child Protection, 10.
[9] General Comment 5 on “State Party obligations under The African Charter on the Rights and Welfare of the Child (article 1) and Systems Strengthening for Child Protection, 28.
[10] Constitution of the Republic of Malawi Sec 13(f).
[11] Education Act 2013 sec 23.
[12] Education Act 2013 sec 4(1-2).
