Chairperson
Commissioner for education and child rights, Ms Mokate
Commissioners present
Colleagues and all guests.
I’m thankful the South African Human Rights Commission (SAHRC), in pursuance of its mandate of monitoring the right to basic education, has convened this important consultative workshop on the framework for monitoring basic education.
A powerful message emerging from yesterday’s worldwide celebrations of International Nelson Mandela Day has been that we must continue to promote the ethos and values of a democratic society that Madiba deeply cherishes.
In 1999, Dr Mandela made a powerful statement in the National Assembly on the constitutional mandate of the legislature and institutions supporting constitutional democracy.
He said: “Because the people of South Africa finally chose a profoundly legal path to their revolution, those who frame and enact the Constitution and law are in the vanguard ofthe fight for change. It is in the legislatures that the instruments have been fashioned to create a better life for all.
“It is here that oversight of government has been exercised. It is here that our society with all its formations has had an opportunity to influence policy and its implementation.”
It is against this background that we feel it is paramount for us to share perspectives on children’s basic education rights and on the respective charter you have developed in this respect.
Accordingly, it is vital for us to also receive the views of the SAHRC which is one of Chapter 9 institutions charged with the task of assisting Parliament in the mammoth role of oversight.
Education is a powerful institution for inculcating and entrenching the philosophy of a values-driven society that has been espoused by Madiba and many peace-loving South Africans since the 1994 democratic breakthrough.
It is precisely for the pivotal role of education in transforming and developing society that the ruling party, the African National Congress (ANC), whose Centenary we celebrate this year, has elevated education to be the apex priority of the democratic government.
Democratic South Africa has made waves in respect of children-specific rights. Our Constitution, in particular the Bill of Rights, puts children first. Our education legislation provides the framework for implementing these rights.
We should embrace the initiative of the SAHRC on a Charter of Children’s Basic Education Rights. It should lay the foundation for a systematic, open and transparent way of assessing our constant commitment to the right of children to basic education.
The draft Charter has rightly underscored the inroads we have made into “those aspects of poverty that constitute a major barrier to learning, namely, fees, hunger and language.” It notes the strides we have made in expanding access through pro-poor policies of no-fee schools and school nutrition as well as language in education policy.
We’ve noted with appreciation the Commission’s systematic examination of international education rights-related instruments and obligations. Accordingly we congratulate the Commission for this effort and for a job well done.
We think some of your indicators of realisation and recommended actions may require further engagement.
The 1995 White Paper on Education and Training has pointed out the following:
“The issues of interpretation which relate to the provisions affecting education are complex and difficult, and most are novel in South African law and administrative practice.”
This observation still holds true. The proposed charter appears to be more than a technical monitoring tool. It implies a commitment by government, parents, Non-governmental organisations and broader society, to ensure and promote children’s right to basic education.
The charter would therefore command more influence with some involvement of major stakeholders in its development. This will give more credence to President Jacob Zuma’s call to all our people collectively to make education a societal issue.
While appreciating the right of the SAHRC to establish its own monitoring mechanisms we believe working together we can do more to ensure children are effectively accorded the right to basic education.
The Department of Basic Education has developed as a strategy for educational transformation and renewal, the Action Plan to 2014: Towards the Realisation of 2025. This was done in consultation with key stakeholders. This Action Plan lists specific goals, a set of indicators and targets to ensure delivery.
We have done a broad comparative analysis between the nineteen broad areas identified in the proposed Charter and the Department’s action plan and there is consistency.
Even though the SAHRC uses a different framework to arrive at its key formulations, the ultimate goals of access, equity and quality education are broadly the same in both documents. The Commission uses the 4As framework of “available”, “accessible”, “acceptable” and “adaptable”.
Among other things, both the Action Plan and the proposed Charter commit to: universalisation of Grade R; compulsory basic education; suitable class-size; provision of infrastructure in line with national norms and standards; high-quality in-service teacher development; provision of quality textbooks; improved time on task and curriculum coverage; improved access to education and its quality for children with disabilities and improved school safety.
It is in the detail though that greater and deeper engagement is required. For instance, the draft Charter proposes the need for providing learners who have completed Grade 9 with a General Certificate in Education (GCE). Some departmental policy documents also refer to this need. Concerns raised include the risk of high dropout levels among learners at the end of Grade 9 if they are to be provided with certificates.
Given the many challenges facing the schooling system, introducing a new policy initiative may not be advisable.
Another concern of a serious nature is that the department may not have the capacity and adequate resources to run another set of assessments along the lines of matric.
We have recently introduced Annual National Assessments to test, and improve, literacy and numeracy skills among learners at the primary school level. In 2011 alone, these tests involved 6 million learners way beyond the scale of matric exams.
For these reasons, we think greater debate is fundamental carefully to consider the pros and cons of a GCE certificate.
As I have said, our government is unflinchingly committed to the right to basic education. The scope and content of this right are articulated in some detail in the first White Paper on Education and Training, which I have alluded to. Although based on the 1993 Interim Constitution, it does reflect government’s interpretation of the Constitution’s clauses on the right to basic education. In Part 3 it states that:
“The right to basic education accorded in section 32(a) applies to all persons, that is to all children, youth and adults. Basic education is thus a legal entitlement to which every person has a claim.
“For children, the right would be satisfied by the availability of schooling facilities sufficient to enable every child to begin and complete a basic education programme of acceptable quality.”
Much still needs to be done to improve the quality of basic education as we have honestly conceded in the Delivery Agreement for Basic Education and in the Action Plan.
Interestingly, this 1995 White Paper also refers to an “action plan for human rights in education” and the need for the Ministry of Education to “seek the advice and support of the SA Human Rights Commission for its proposal, and explore with the Commission other ways in which the national education system might become associated with its work.”
Hence this current development must be celebrated as an opportunity for us to work together to meet our obligations on the right to basic education. Much has been said in this regard. We have similar goals and objectives. Our historical task is to implement, in the best interest of the child.
We’re grateful to the Commission for the work it has done since 1996 in ensuring the provision of basic education for all children in South Africa. It is through basic education that we can lay a solid foundation for the creation of a united, democratic, non-racial, non-sexist and prosperous society.
Thank you so much for involving us in this process!
