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1 Professor Peter Willetts,Output from the Research Project on Civil Society Networks in Global
Governance,What is a Non-Governmental Organization? City University, London
NGOs are considered part of the "third or middle sector," wedged between the
state/public and the market/private sectors. In this sense, NGOs are neither part of
the public nor private sector--even though they may receive resource or ideological
support from either or both4.
This view of NGOs contrasts sharply with that expressed by Norman Uphoff 5
(1996) who contends that "NGOs are best considered a sub-sector of the private
sector [as] this is implied by the synonym used for [northern] NGOs-Private
Voluntary Organizations (PVOs)."
arguing that Considered part of the civil arena in society which also includes trade
unions, people's associations and membership organizations, cooperatives and
religious-based charities.7
3 Anthony Bebbington and John Farrington "Governments, NGOs and Agricultural Development:
Perspectives on Changing Inter-Organizational Relationships," The Journal of Development Studies, 29:2,
January 1993, p. 201
4 Article by J Majona Makoba Journal of Third World Studies Non Governmental Organisations and Third
World Development:An Alternative Approach to Development
5Norman Uphoff, "Why NGOs are not a Third Sector: A Sectoral Analysis with Some Thoughts on
Accountability, Sustainability, and Evaluation," Chapter One, pp 23-27 in Michael Edwards and David Hume,
Beyond the Magic Bullet: NGO Performance and Accountability in the Post-Cold War World, p. 23
6 Ibid
The Law in Uganda does not distinguish between membership and nonmembership organizations. NGOs must register with the National Board of NGOs 8
The NGO Registration Act defines as covered organizations those providing
charitable services to the community or any part of it9. The Act, however, does not
define the term charitable services. Nor does the Trustees Incorporation Act
define charitable purpose as the term is used in the section on establishing a
trust.
Notably, however, the Income Tax Act restricts 10 "exempt organization" status to
organizations, institutions or irrevocable trusts that qualify as religious, charitable,
or educational institutions of a public character that have been issued a written
ruling by the Commissioner currently stating that it is an exempt organization.
1.1.2 Defining the Right to Education
7. Ibid 5 p.23-29,
9 Ibid 1
12 Education Rights. A guide for practitioners and activists (Action Aid for the Global Campaign for
Education, 2007)
13 A. Sen Capability And Wellbeing In M Nussbaum And A. Sen (eds) The Quality Of Life (Oxford
Clarendon Press) 1993 30-53
14 Convention on the Rights of the Child, Core principles: Articles 2, 3, 6, 12; relevant articles include 7, 1317, 19 and 28.2, 23, 24, 30, 31, 32, 24, 42.
15 UNICEF submission to the Committee on the Rights of the Child 2008 Day of General Discussion 19
September 2008)The right of the child to education in emergency situations (CRC articles 28 & 29)
16 Economic, Social and Cultural Rights in Practice: The Role of Judges in Implementing Economic, Social
and Cultural Rights Edited by Yash Ghai and Jill Cottrell pg 61-62
The December 1997 UN General Assembly Resolution 52/84 on Education for All
(EFA) recognized the inalienable right of every individual to education, and called
on the world community to further intensify their efforts to ensure the realization
of this right.
The goals formulated in the EFA Dakar Framework for Action (2000), the
Millennium Development Goals (MDGs) and the World Fit for Children outcome
document17, include universal primary completion by 2015, and the elimination of
gender disparities.
1.1.3Defining A Child
In the promotion and protection of the roght to education, in relation to children,
the issue of age limits of a child arise 18.Controversy determining age limits which
define the child in international law exists and a wider controversy is evidenced
concerning the history and concept of childhood, since it differs according to
historical times, geographical events, local culture and social economic
conditions.19 Today a more profound respect for children seems to be manifesting
itself20. However, for the purpose of the Uganda situation a child is defined
17 (A/RED/60/1, 2005)
20 E. Verhellen Changes in the Images of the Child in Freeman and Veerman (eds) (1992)
according to the Constitution21 and the Children Act 22as a person under the age of
18 years, this is binding and enforceable. However, for the purpose of social or
economic exploitation, or labour, a child is one under the age of 16 years23.
1.2 BACKGROUND
1.21 Non Governmental Organisations
The term Non-Governmental Organization or NGO was not in general currency
before the UN was formed. When 132 international NGOs decided to co-operate
with each other in 1910, they did so under the label, the Union of International
Associations. The League of Nations officially referred to its "liaison with private
organizations", while many of these bodies at that time called themselves
international institutes, international unions or simply international organizations.
The first draft of the UN Charter did not make any mention of maintaining cooperation with private bodies. A variety of groups, mainly but not solely from the
USA, lobbied to rectify this at the San Francisco conference, which established the
UN in 1945.
Not only did they succeed in introducing a provision for strengthening and
formalizing the relations with private organizations previously maintained by the
League, they also greatly enhanced the UN's role in economic and social issues
and upgraded the status of the Economic and Social Council (ECOSOC) to a
"principal organ" of the UN. To clarify matters, new terminology was introduced to
21 1995 Constitution of the Republic of Uganda
22 CAP 59
of God, a registered NGO, which is thought to have killed more than 700 of its
followers in the late 1990.s. Other, less dramatic accounts speak of crooks and
swindlers attracted to the sector by the prospect of securing grant money. Finally,
there is the issue of the cost of service delivery: many NGOs may be too small and
inexperienced to deliver services effectively26.
.
30 ILO, Economically Active Population, 1950 2010, Volume 11 Africa, 4th edition, ILO 1997.
31 Draft Report on Survey on: Children in Domestic Service, Kampala District; FIDA 1999
32 Ibid 19
33 supra 21
eleven country offices listed violence in schools as one of the top three priorities to
be addressed.35.In a study conducted in Uganda, more than 60% of the students
surveyed said they experienced violence regularly in schools and from the
available evidence, the situation is not particularly different in most other African
countries36. For its part, the Committee of the Rights of the Child expressed its
concern about children not being registered at birth in many rural areas and at
insufficient access to education; it emphasized "the low level of school enrolment
and high drop-out rates for girls due to, inter alia, early marriage, the lack of
learning and teaching facilities and materials, and the shortage of trained
teachers".37 ,the usual barriers to access to education are compounded in
emergencies by multiple factors that may include displacement, family separation,
deepening family poverty and vulnerability, deterioration of education systems and
services, lack of safety and security in schools and communities, and
administrative obstacles preventing children from registering in schools. Even
34 Burra N. (1990) Child Labour in India an Overview in J. Ross and V. Bergum (eds) Through the Looking
Glass:Children and Health Promotion, Canadian Public Health Association, Ottawa. Glauser B. (1990) Street
Children. Chapter 6 Deconstructing a Construct, in A. James and A. Prout (eds). Constructing and
Reconstructing Childhood: Contemporary Issues in the Sociological study of the Child. Falmer Press, London
Street children in Latin America and elsewhere are often not abandoned but contributing to a precarious family
economy either directly through their earnings or by fending for themselves for lengthy periods in order to
reduce costs for their parents.In India and elsewhere, poverty leads many children to work in crafts and
industries.
35 Violence Against Children: The Voices of Ugandan Children and Adults, D. Naker. Raising Voices 2005.
36 Assessment of Violence Against Children in the Eastern and Southern Africa region. F. Zuberi UNICEF
ESARO 2005
when children are attending school, the quality of education is often poor, at a time
when
children
require
an enriched
educational
environment,
including
39
education system; she noted that: the conceptual bridge to link education, gender
and human rights is yet to be built. The provision of early learning opportunities
for children below the age of six remains limited in Uganda in contrast to the UPE
where the nationwide intervention, UPE has been implemented by the government
since 1997 which makes provision for 7 years of free primary education for
38 Overseas development institute Universal primary education in Uganda (2006) www.odi.org.uk
/interregional_inequality/papers/Policy Brief 10-Uganda pdf.
39Economic, Social And Cultural Rights Report submitted by Ms. Katarina Tomasevski,Special Rapporteur
on the right to education Addendum Mission to Uganda 26 June - 2 July 1999 The Special Rapporteur was
concerned about the widespread perception of universal primary education as a gift and the absence of
legislative underpinning that would specify rights and duties, freedoms and obligations in education. This
requires addressing difficult and controversial issues such as schoolgirl pregnancy,. She noted that the
collective voice of teachers is not heard in many professional and public debates about education, and that the
trade union freedoms of primary schoolteachers remain constrained by the developments of the past decades.
The increased duties and responsibilities of teachers have not been matched with recognition of their trade
union freedoms. The vast growth of primary school enrolment and additional expectations upon teachers stem
from the explicit recognition of the need to adapt teaching to girls as well as boys, to learners with disabilities
as well as able-bodied children, and to the multilingual environment.
children between the ages 6 to 12, It is not compulsory and so is Free Universal
Secondary Education (USE)40. The current education system is vague, according to
Dipak Naker41 in his analysis of schools today points out that, due to universal
access policy, many students eagerly taking advantage of this new opportunity, are
disillusioned with what they find when they get to school: violence, lack of
infrastructure, constraints on creative thinking and limits on opportunities for self
expression among others. He argues that an analysis of schools today which also
applies to Uganda, is that they are based on ideas that were appropriate for a
different times with the thinking of schools as places where children learn to pass
examinations by memorizing what the teacher writes on the blackboard,
expectation of children obeying their teachers and remain quiet unless spoken to,
aim to instill fear of breaking rules and of the consequences. Schools operate by
intimidating and shaming children into complying with what is required of them,
measuring schools based on indicators such as students exam scores hence this
diminished vision of what a good school should be. This system of teaching is not
working. The approaches for achieving that aim are losing credibility. The reality
is that this system is not working. Many children are unable to stand the
psychological stress of fear and shame and therefore often become passive. This
experience leads them to withdraw and cease contributing their unique
perspectives to their communities. Obedient children/fearful children learn to
conform to an established way of being and thinking and therefore do not develop
the skills necessary to generate original solutions to new problems.
40 According To The Education For All Global Monitoring Report 2008 Summary, Early childhood care
and education programmes generally do not reach the poorest and most disadvantaged children, who stand to
gain the most from them in terms of health, nutrition and cognitive development.. National governments and
donors have favoured formal primary schooling over early childhood, literacy and skills programmes for youth
and adults despite the direct impact of these on achieving universal primary education and gender parity
Preventing children from discovering who they are denies them their fundamental
right to freedom and dignity guaranteed in the constitution of most African
countries and ratified by most African governments in international treaties .
1.4 HYPOTHESIS
The formulation and implementation of efficient programmes by NGOs, can bring
about effective realization of the right to education of children in Uganda. This is
based on the premise that they play a gap filling role because the Government of
Uganda is not effective in the realization of this right.
1.5 OBJECTIVES
1.5.1 General Objective.
The main objective of the study is to analyse the role of the NGOs in protecting
and promoting the right to education of children in Uganda since 1995, by
examining the importance of this role in regard to realization of the right to
education of children and scrutinizing mechanisms the NGOs have put in place to
the to fill in the gap left by the state to protect and promote this right.
1.5.2 Specific Objectives
i.
ii.
To analyze the role of the NGOs in promoting and protecting the right to
education.
iii.
iv.
children to education with respect to the 1995 constitution and related legal
framework.
The importance of this study emerges from the fact that it will investigate the role
of NGOs in promoting and protecting the rights of children amidst gross violations
of the same, by looking at the different performances of the NGOs in regard to
promoting and protecting the right to education, and how the NGOs can improve
on the same by suggesting recommendations where necessary. The information
will be used by policy and decision makers as regarding effective ways of
promoting and protecting the rights of children it will also will assist policy makers
and practitioners in their effort to foster the development of the NGO sector in
Uganda.
1.7 METHODOLOGY
Given state of the education system in Uganda, and the states failure to adequately
achieve it, NGOs come in handy in assisting the government to achieve this right.
This study has mainly relied on a review of the available literature as well as an
analysis of the relevant available reports of the NGOs since 1995 in addition to
Internet research for information relating to the different ways the NGOs have
promoted and protected the right to education and the challenges they face in doing
the same . Relevant newspaper reports during this period in question were also
referred to, and some interviews were carried out to find out the role of NGOs in to
promote and protect this right.
1.8 SCOPE OF THE STUDY
In terms of time this research is to cover the time since 1995 to date, and will
basically be done in Kampala district, basing on the fact that the 1995 Constitution
bore the right to education, explicitly43, and it gave a basis to NGOs to assist the
state in performing its duty adequately.
1.9 LITERATURE REVIEW
There is appreciable information about the right to education of children. The issue
on the role of NGOs in protecting and promoting this right in terms of what the
responsibilities of the NGOs are, and why their work is of utmost importance in
realization of this right is not highlighted in most cases expressly, and can be
inferred from some of the reviewed literature drawn from a number of sources.
In regard to the right to education, with main emphasis on children, and the role of
NGOs in protection and promotion of the same, the notion of childrens rights has
to be understood.
The Education For All, (EFA) Global Monitoring Report, 2008 points out that
In reality, the non-state sector has always been involved in education in a variety of
ways, including through the provision of education to under-served areas by notfor-profit NGOs, as well as for-profit private institutions catering for the elite.
More recently, two key trends in the role of the non-state sector in education
provision are evident. Firstly, international debates related to the changing role of
states and markets in education, particularly in the context of the World Trade
Organisation and World Bank moves towards a global education industry, have
focused attention on increased liberalization in the education sector, accompanied
by calls for a lighter touch in state regulation of the sector.
This potentially provides greater opportunities for increased non-state sector
involvement, with incentives for the growth of the for-profit private sector in
particular.
Secondly, the Education for All agenda has placed emphasis on the expansion of
basic education, often with implications for the quality of education provided by
the state sector, as well as putting pressure on other levels of the education system.
As a result, the non-state sector has mushroomed in some areas to fill the gap,
although institutions are often unregistered and, therefore, unregulated by the state.
According to the UNICEF Country Programme Action Plan 2006-2010,
Emphasis is placed on why children should be protected, which is also in relation
to their right to education. that children are vulnerable, hence their rights need to
be protected and promoted. It is put across that protection of vulnerable children is
a cross cutting theme that assumes importance in the Uganda context because of
the very large number of children who are at risk or vulnerable to poverty,
insecurity or HIV/AIDS. Violence, abuse neglect, exploitation and discrimination
are not only human rights violations, they are also the most under recognized and
under reported barriers to a childs survival and development throughout the life
cycle of the child in non-conflict districts as well as in conflict affected districts.
Child rights violations are often layered or multiple that is, they are often inflicted
in the context of previous violations. This in turn exacerbates the childs
vulnerability. In many cases a child is more likely to be discriminated against or
44 Childrens Rights Development Unit, Civil and Political Liberties Consultation Document (London, May
1993),3
45 E. Ressler, N. Boothby and D. Steinbook (Eds) Unaccompanied Children (New York 1978), 259.
46 Lansdown, G. 1999. "Children's Rights," in Children's Childhoods. Edited by B. Mayall, pp. 33-44.
Washington DC: Falmer Press.
48
it is suggested
47 Evans, R. Editor. 2001. Ten Years After: Celebrating Uganda's Success in Implementing Children's Rights.
Andover, UK: UNICEF, printed by Thruxton Press.
48 Education Rights. A Guide for Practitioners and Activists (Action Aid for the Global Campaign for
Education, 2007)
Bourdieu (1984)
50
education creates human capital for the society on a long-term perspective. Even
though parents lose immediate labour back home, they will gain from their
childrens formal knowledge. However, formal education can only be regarded as
building human capital if the society regards formal education as being important.
In Buganda, formal education is regarded as important, but an individuals
knowledge and skills in agriculture is regarded of utmost importance. For some
children, a hoe for digging may be the most important tool in life.
Also the UNICEF DAKAR Framework(1999) 51
children opens an infinity of possibilities for them that they would otherwise be
denied a better chance to lead healthy and productive lives, to build strong and
nurturing families, to participate fully in the civic affairs of their communities,
49 A couple of useful resources on rights-based approaches to education are available: The following 2
articles of the CRC affirm the right of the child to education, at all times and in all countries:Article 28:
obliges all state parties to establish educational systems and ensure equal and non-discriminatory access to
them. Especially primary education must be compulsory and free to all, but also secondary, vocational and
higher education must be made progressively available. Education must be provided in a way that respects the
dignity of the child at all times. Lastly, article 28 obliges States to encourage and promote international
cooperation, with particular account taken of the needs of developing countries.Article 29 defines the aims of
education, chief amongst these being that education shall be directed to the development of the childs
personality, talents and mental and physical abilities to their fullest potential. This echoes the over-riding
principle of the CRC, as stated in Art. 3, of the best interest of the child. requires that schools be child-friendly
in the fullest sense of the term and that they be consistent in all respects with the dignity of the child. Lastly,
that education must be for the preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and
religious groups and persons of indigenous origin.These 2 articles must be read together with almost all other
key articles in the Convention:Especially Article 2: on non-discrimination of any kind, irrespective of the
child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.But also Article 3 (best interest of the
child); Article 6 (right to life); Article 7 (birth registration); Article 9 (separation from parents); Article 12
(Respect for the views of the child); Article 13 (freedom of expression); Article 17 (access to appropriate
information); Article 19 (Childs right to protection from all forms of violence); Article 22 (Refugee
children); Article 23 (children with disabilities); Article 30 (minorities or indigenous children); Article 32
(child labour); Article 38 (protection during armed conflict); Article 40 (juvenile justice); and the 2 Optional
Protocols (On the Involvement of children in armed conflict, and On the sale of children, prostitution and
pornography.
50
moulding morals and values, creating culture and shaping history. It is further
articulated that, When a nation strives to educate its yours girls as well as boys,
the poor and the disadvantaged child as well as any other.
Then that nation lays a solid foundation for progress and sustainable development
catalyzing freedom and democracy within its borders and extending its reach as an
agent of international peace security. It is argued that, education plays a crucial role
in solving the most complex problems facing any country ,being Child labour,
HIV/AIDS, poverty and disparity, community violence and civil conflict and the
devaluing of girls and women. Ensuring children their right to education ensures
their other rights as well as including the right to survival development and
participation. By ensuring girls their right to education we take the critical first
step towards dismantling the gender discrimination that threatens all other rights.
Also, According to Global Campaign for Education by Action Aid (2007)52, in
realization of the right of education, the 4As are important. It is submitted that,
for education to be a meaningful right it must be available, accessible, acceptable
and adaptable. The concept of these 4As was developed by the former UN
(United Nations) Special Rapporteur on the Right to Education, Katarina
Tomasevski, and it is one of the best ways to assess and act upon the situation.
Despite the fact that she places emphasis on these 4As to be observed by the duty
bearers of the right to education, they are also key for other non state actors
including NGOs, in the realisation of the right to education of children though they
do not have a duty to respect, protect, and fulfil this right. They therefore can assist
the government, teachers and parents to do this, since, the 4 As are to be respected,
protected and fulfilled by the government, as the prime duty-bearer, but there are
51 The Draft Dakar Framework for Action, Preliminary Discussion Document (5 November 1999);
52 Ibid 58
also duties on other actors in the education process: the child as the privileged
subject of the right to education and the bearer of the duty to comply with
compulsory-education requirements, the childs parent who are the first
educators, and professional educators, namely teachers. Katrina points out that, by
using a participatory process this framework of the 4As can become a tool to
enable people to think through what the right to education means to them, and
compare their current reality to this ideal context. The 4As can be summarised a
follows.
Availabilitythat education is free and government-funded and that there is
adequate infrastructure and trained teachers able to support education delivery.
Accessibility that the system is non- discriminatory and accessible to all, and that
positive steps are taken to include the most marginalised.
Acceptability that the content of education is relevant, non-discriminatory and
culturally appropriate, and of quality, that the school itself is safe and teachers are
professional.
Adaptability that education can evolve with the changing needs of society and
contribute to challenging inequalities, such as gender discrimination, and that it
can be adapted locally to suit specific contexts.
However, Katarina53 points out an important aspect, that, it should be noted from
the outset that these 4As are not definitive. Whilst they are an extremely useful
way of explaining the right to education in terms of tangible factors, they are not
necessarily the standard used in every international treaty and as such should not
be treated as a generic, comprehensive guide to what the right to education means
under every law.
right to
education has been narrowed down to the 3Ps.They argue that in regard to
Childrens Rights as a whole-Essentially the 54 Articles of the convention boil
down t what one might call the 3 ps protection provision and participation.
Nyorovai Whande55, in his analysis on general issues relating to refugee children
points out that access to education does not necessarily mean participation. He
argues that, when a mother is overburdened by housework, the girl child is the first
one to be asked to drop out of school in order to assist. He completely ignores the
male child yet in many instances they are asked to drop out of school to engage in
heavy work being more physically capable than the girl child. He recommends
programmes to assist girls to stay in schools taking account of activities of the
mother and ideas to introduce appropriate technology to assist women in long
hours spent on food preparation stand to benefit the girls as well. Though this is
affirmative action, the boy child should not be ignored.
The International Labour Organisation Report (1997) 56 indicates that there is
a link between child labour, poverty and the realization of the childrens right to
education. However, it is stated that, Education For All even for indigenous
children is a solution to this problem, making it vitality of the protection and
promotion of the right to education of children. It is further argued that, one of
54 Justice For Children, Centre For Study Of The Child And Society University of Glasglow in collaboration
with UNICEF UK and SCF UK p. 19 Edited by Stewart Asquith and Malcolm Hill Martinus NIJHOFF
Publishers Dordrecht/Boston/London
55 Nyorovai Whande, contributor to the book Women and Children Officer, UNHCR Geneva Switzerland
p.87.
56ILO, Economically Active Population, 1950 2010, Volume 11 Africa, 4th edition, ILO 1997.
the most effective means for combating child labour is education. Educated people
do not need to send their children to work, and educated children have better
chances of avoiding exploitation. It is pointed out that, in many countries,
indigenous people are lagging behind the educational level of the general
population. The rates of enrolment and completion among indigenous children,
especially girls, remain low. One main reason for this is poverty. To survive, many
families have to send their children to work instead of school, and those lucky
enough to go to school often turn up hungry and tired. Another reason is the fact
that schools in indigenous areas often are under-funded, of low quality and poorly
equipped. They are served by the least-educated teachers, who do not speak the
language of the indigenous children, and often the curriculum is discriminatory
against expressions of indigenous culture. In order to combat child labour among
indigenous children, the development of better educational opportunities is crucial.
Education services of good quality and relevant to the particular linguistic and
cultural context of the indigenous children must be provided.
It states that,
experience shows that enactment of minimum age laws to protect children against
exploitation in employment or marriage are ineffective without providing adequate
infrastructure for aspects including compulsory education.
Michael Edwards and David Hume (1996)58, point out the rationale for the
phenomenal growth of NGOs at both international and national levels is due to the
changing attitude of donor agencies about development assistance and the
increased demand for NGO services in Third World countries.
According to J MAJONA MAKOBA(2002)59 the importance of NGOs in
protection and promotion of the right to education of children can be inferred from
the fact that, the prevalence of weak states and declining markets in the Third
World, which Uganda is part of, inevitably leave development-oriented NGOs as
the only alternative to promote grassroots development.
Hence development-oriented NGOs are not simply located somewhere between the
state and market in terms of institutional space, but are emerging as a critical "third
or middle sector" fostering the development of marginalized segments of the
population. As one observer, Goran Hyden, (1997) 60pointed out, developmental
NGOs are "needed to cater for those groups whose place at the state or market
table is not reserved." J MAJONA MAKOBA (2002)61 explains that failure of
economic development in the third world has led to NGO growth. He emphasises
58 Michael Edwards and David Hume, (eds.). Beyond the Magic Bullet: NGO Performance and
Accountability in the Post-Cold War World (Westford, CT: Kumarian Press, 1996), pp. 2-4.
59 Article by J Majona Makoba Journal of Third World Studies Non Governmental Organisations and Third
World Development:An Alternative Approach to Development, spring 2002
60 Goran Hyden,(1997) "Civil Society, Social Capital and Development: Dissection of a Complex
Discourse," in Studies in Comparative International Development, 32:7, Spring 1997, p. 27.
61 Ibid 69
that, the failure of both governments in Third World countries to deliver economic
development has led to an increasing reliance on the NGOs to fill the "void"
created. He Points out why growth of NGOs has been on the increase is also due to
the fact that donor agencies increasingly support NGOs in providing services to the
poor in Third World countries where markets are inaccessible and where
governments lack capacity or resources to reach the poor. The failure of both
markets and governments in Africa to deliver economic development has
contributed to the rapid growth and expansion of NGOs on the continent including
Uganda. J MAJONA 2002)62 also argues that, NGOs are seen as an alternative
approach to development in the third world. He argues that, the rapid growth and
expansion of NGOs worldwide attest to their growing critical role in the
development process. At the international level, NGOs are perceived as vehicles
for providing democratization and economic growth in Third World countries.
Within Third World countries, NGOs are increasingly considered good substitutes
for weak states and markets in the promotion of economic development and the
provision of basic services to most people.
E. A. Brett, (1990) 63 on the other hand points out characteristics of NGOs, saying
that, all NGOs share several characteristics including dependency on donor
funding; the need for self-financing, transparency or accountability to donors and
clients; and targeting the needy or marginalized segments of the population or
operating in various sectors of society depending on the needs to be met as well as
resources available in the local community.
62 Ibid
63 E. A. Brett, "Rebuilding Survival Structures for the Ugandan Poor: Organizational Options for
Reconstruction and Development in the '90s, Institute of Development Studies, Brighton, United Kingdom,
December, 1990, pp. 7-8.
Stephen N. Ndegwa (1996)64, also points out those NGOs have been on the
increase in Africa due to Underdevelopment. He argues that, evidence accumulated
over the past three decades shows "the inability of the African State to deliver on
its development promise." He further says that In fact, the African State is now
perceived as "the inhibitor of social, economic, and political development."The
demise of the African State has inevitably given rise to the ascendancy of NGOs to
fill up the "development vacuum" that has been created. The expansion of the
NGO sector in Africa is most clearly reflected at the country level. For example, in
Kenya there are about 500 NGOs and in Uganda there are more than 1,000
registered foreign and indigenous NGOs. Similarly, other African countries have a
large number of active NGOs. These countries include: "Zambia with 128,
Tanzania with 130, Zimbabwe with 300, and Namibia with over 55" He65, further
argues that, NGOs have increased in Uganda, due to the weakening financial
situation of Uganda like that of other African countries, brought about by: a
combination of huge external debts, corruption and the effects of structural
adjustment programs imposed by the International Monetary Fund (IMF). In
particular, the structural adjustment programs have "strained the ability of the
African states to provide services and has attracted more NGOs to cushion the
adverse short-term effects of adjustment programs, such as by providing affordable
healthcare services." Given the prevailing political and economic conditions in
Uganda and Kenya, as well as elsewhere in Africa, the role and contribution of
NGOs to the development process is expected to increase. Donor agencies
increasingly funnel development assistance through NGOs and other non-state
institutions because the states in Sub-Saharan Africa are considered both inefficient
and corrupt.
64 Stephen N. Ndegwa, The Two Faces of Civil Society: NGOs and Politics in Africa, (Westford, CT:
Kumarian Press, 1996), p. 15
65 Ibid 48 p.2
According to Karmokolias and van Lutsenburg Maas (1997) 66, they also argue
that NGOS play a gap filling role due to the ineffectiveness of the state. They point
out that: State involvement in education has commonly been justified on the
grounds that there would be underinvestment if left to the market. At the heart of
the debate about the private education sector is the notion of education as a public
good which considers that the benefits of educational investment not only accrue
to individuals through enhanced life opportunities but also have positive
contributions to society at large. More recently, the potential for the non-state
sector to meet the needs of the poor has been receiving increasing attention.
Some of the reasons put forward in support of non-state sector involvement in
education include: Responsiveness to excess demand enables the expansion of
educational opportunities, Accountability and cost-effectiveness, Supplementing
limited government capacity, better targeting of public subsidies, Encouragement
of innovation.
Dicklich, (1998a)67, points out that the growing role of NGOs in all sectors of
development is not a disadvantage, but it is an indication of the decreasing capacity
of the African state to undertake meaningful development. Besides increases in
NGO numbers, the amount of development resources they receive or handle for
development purposes has grown over the years. It is estimated that "official. In
Uganda, NGOs disburse an estimated 25 percent of all official aid to Uganda."
66Karmokoias, Y. and J. van Lutsenburg Maas (1997) The business of education: A look at Kenyas private
education sector. Washington DC: World Bank
67 Susan Dicklich, "Indigenous NGOs and Political Participation," in Holdger B. Hansen and Michael
Tweedle (eds.), Developing Uganda, (Oxford: James Curry, 1998) p. 148. The 25 percent in Uganda represents
the annual average expenditure by NGOs. During particular fiscal years, NGO expenditures may be higher.
For example, it is reported that during the 1992/93 fiscal year, the expenditure of foreign and indigenous
NGOs "was US$125 million, . . . almost equal to the expected World Bank contribution to the Rehabilitation
and Development Plan for the same year,"
Dicklich (1998b)68 further observes, the "failure of the African state to provide for
basic services, has led to many official donors to use NGOs rather than the local
state to provide services." In Uganda, according to Dicklich1 (1998b)69, succession
of inefficient, violent and corrupt regimes since 1971 has contributed to the
emergence of over 1,000 indigenous NGOs to provide self-help solutions to the
poor.
She contends that, most "ordinary Ugandans have had to fend for
themselves, relying on organizations outside of the state rather than on the state
itself to provide basic necessities."In general, most service-oriented NGOs have
generally "moved into service provision where the state has moved out." No doubt,
NGOs have been necessary in Uganda and other African countries to fill up the
"developmental gaps" caused by the weak post-independence state. She
emphasises that, In Uganda and other African countries, authoritarian regimes
"induced an 'exit' from the formal economy, as well as a general avoidance of state
institutions by a wide range of groups and occupations." Furthermore, economic
restructuring due to structural adjustment programs and privatization contributed to
the retreat of African states from their responsibilities of promoting economic
development and providing "basic social services such as health care, education,
sanitation and basic security.
Given the weak private sector and the state withdrawal from the provision of basic
economic necessities and social services, "many NGOs are being pressurized into
dealing with poverty alleviation, not eradication, and the provision of basic social
services . . ."thus70, NGOs increasingly fill in social and economic spaces created
by weak markets or retreating states. As a result, Nicolas Van de Walle71 argues
that"NGOs have been heralded as . . . new agents with the capacity and
68 Susan Dicklich, The Elusive Promise of NGOs in Africa: Lessons from Uganda, (New York: St. Martins's
Press, 1998b), p. 6.
69 Ibid
commitment to make up for the shortcomings of the state and market in reducing
poverty." Dicklich72also argues that, NGOs are seen by their proponents as a
catalyst for societal change because they are responsive to the needs and problems
of their clients, usually the poor, women and children. Because of targeting and
being responsive to marginalized groups in society, NGOs are being heralded as
"important
vehicles
for
empowerment,
democratization
and
economic
development." In fact, some NGOs are "driven by strong values and . . . interests . .
. , geared toward empowering communities that have been traditionally
disempowered." International donor agencies see NGOs as "having the capacity
and commitment to make up for the shortcomings of the state and market in
reducing poverty."73 Perhaps the greatest potential NGOs have is to generate selfhelp solutions to problems of poverty and powerlessness in society. This is based
on the view of NGOs as independent, "efficient, less bureaucratic, grassroots
oriented, participatory and contributing to sustainable development in grassroots
communities." In addition, Van de Walle74 says that, but for NGOs to remain
70 Ibid,p.3
71 Nicolas Van de Walle, "Aids Crisis of Legitimacy: Current Proposals and Future Prospects," p. 346
72 Ibid p.8
73 Ibid p.36
74 Van de Walle, "Aids Crisis of Legitimacy: Current Proposals and Future Prospects," p. 346
independent of donor or elite control and achieve their social and economic goals,
they have to work diligently toward capacity building and financial sustainability.
However, according to Nicolas Van de Walle75 the presence of NGOs is not a complete blessing. Some criti
NGO participation in economic development contend that such involvement provides legitimacy and suppo
governments that have failed to deliver economic development or provide basic social services to their citi
Other critics charge that NGOs save "donors money and allow them to avoid addressing implement
difficulties, while also allowing them [the donors] to retain ultimate control over activities."
According to Richard Ssewakiryanga, The Uganda National NGO Forum executive director, NGOs 7
formed for various reasons, some of which are selfish. These have been labelled briefcase, kavera or
disk NGOs. Ssewakiryanga says in a society where life is becoming increasingly difficult, partly because o
failure of the state or the private sector to provide adequate opportunity for citizens, such phenomena i
surprising. He is quoted,
As the National NGO Forum, while we acknowledge the existence of such entities but we are inspired
more by the positive things about NGOs. There are empirical studies which established that a grea
number of NGOs were formed and driven by altruistic reasons. They thus work day and night to see a
better future for humanity.
However, Elvis Bassude77 argues many Ugandans wallow in poverty when there are a number of NGOs fig
poverty. Some studies put poverty levels in Uganda at 35%. He further quotes Richard Ssewakiryanga sa
poverty is a condition perpetuated by several factors like ill health, illiteracy, disempowerment, conflict
75 ibid
76 Quoted in the New Vision Daily Newspaper, Article by Elvis Bassude; NGOS play an important role in
Development.
leadership and governance and NGOs have been the catalysts for global campaigns on debt relief and acce
essential medicines. It has been acknowledged that the achievement of MDGs will require involveme
NGOs (because) of their unique knowledge of local realities. NGOs provide a wide range of services wher
state and the market have been overwhelmed, failed or simply ignored the problem, partly because often the
party to the problem. Relief and rehabilitation in humanitarian emergencies; anti-corruption work; co
resolution and employment creation have been spear headed by NGOs. In Uganda, NGOs have traditionally
involved in education, health and agriculture. He is further quoted sayings most times; NGOs are portr
negatively, partly because society and the media are more attracted to the negative things in life. Accordi
Elvis Basudde NGOs play a crucial role in development.
He also gives a historical background of NGOs, explaining that they have grown in number, since 1986, sa
that NGOs have contributed to the education, health and agricultural development since 1986 when the
Forum was created Non Government Organisations are increasing by the day and their impact in comm
development cannot be ignored78.
Arthur Larok, the director of programmes at Uganda National NGO Forum is quoted opining on why it is
that NGOs activity in Uganda started in 1986. He pointed out that this sector grows rapidly in countries tha
recovering from war. When the NRM came to power, it inherited a collapsed economy and a government
no structures. They did not have the capacity and resources to offer services at the time. Consequently, N
were given the green light to supplement government efforts. NGOs played a major role in the recovery pro
of the country and the restoration of the rule of law and constitutionalism may also have contributed t
increase in the number of NGOs. He is quoted,
Policy making was liberalised and made more participatory. This also constituted an enablin
environment for NGOs to flourish and participate in policy making.
Daniel C. Levy (1990)79 argues that, the absence of viable states or markets in most Third World coun
78 He points tout that hey started emerging after 1986, following the establishment of the National NGO
Forum, which gave a conducive environment for NGO formation and operation. In 1986, the forums statistics
showed less than 200 NGOs. In 2000, the number had skyrocketed to 3,500, and by the end of 2003 there were
4,700 registered NGOs. There were five thousand five hundred by the end of 2005 and the number is presently
estimated at 8,000. Richard Ssewakiryanga, The Uganda National NGO Forum executive director, is quoted, a
survey done in 2003 by the Office of the Prime Minister suggested the sector could be smaller, as only
between 15 - 30% of NGOs that register, go into operation. Some NGOs operate without registering with the
NGO Board.
CHAPTER 2
This chapter focuses on the right to education, looking at national, international,
regional and sub regional legislation, providing for the same.
Education is a human right with immense power to transform. On its foundation
rest the cornerstones of freedom, democracy and sustainable human
development.
79 Daniel C. Levy, Building the Third Sector, (Pittsburgh, PA: University of Pittsburgh Press, 1996), pp. 1-3;
Vetter, "The Business of Grassroots Development, P.2; and Salamon, "The Rise of the Nonprofit Sector," p.
116
81 UNICEF submission to the Committee on the Rights of the Child 2008 Day of General Discussion (19
September 2008)
82 Of particular relevance is article 24 of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War (1949), which states that children under 15 who are orphaned or separated from their
families as a result of the war, should have their education facilitated in all circumstances. According to article
50, the Occupying Power shall facilitate the proper working of all institutions devoted to the care and
education of children, and article 94 states that the education of interned children and young people must be
ensured. More pertinently, article 52 (Chapter III) of the Additional Protocol to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of International Armed Conflicts (1977) asserts that
civilian objects, such as schools, shall not be the object of attack or of reprisals.
83 United Nations, Report of the Expert of the Secretary-General, Ms. Graa Machel, Impact of armed
conflict on children, United Nations, New York, A/51/306, 1996.
84 Other recent examples include the ongoing Rewrite the Future campaign of the Save the Children
Alliance, launched in 2006, to promote quality education for children in conflict-affected countries; the
85 Committee on Economic, Social and Cultural Rights. Fundamental Questions Concerning the
Implementation of the International Covenant on Economic, Social and Cultural Rights. Draft. General
Observation 13. HR/CESCR/NONE/1999/13. Ge-99-44797.
87
Supra 1
poor children). The indicators currently available on, amongst others, the level
of scholastic continuance according to type are revealing concerning the
persistence of social-scholastic inequality. At a second level of interpretation, the
question of equality of opportunity enters into the debate on the difference between
the path of education and the quality of educational supervision. On this point,
family values, the quality of teacher training, management techniques and the
objectives of education policies are amongst the variables that determine
educational orientations.
4. Economic effectiveness
New educational policy directions clearly indicate new expectations concerning
the cost effectiveness of education systems. One can frequently read that
"education is increasingly reputed to be one of the best financial investments for
States". In this respect, the new educational expectations are studded with calls for
the cost effectiveness of the system and for the best balance possible between the
education given and the demands of the economy. The substitution of an education
by objectives by an education by competencies can testify to that up to a certain
point. Nevertheless, efforts by States to reduce scholastic failure by professional
training adapted to the demand show the effort to fight against social exclusion and
for economic development. The debate remains open as to where the "boundaries"
are to the professionalization of training before they become confused with the
orchestration of educational knowledge, and the cost-effectiveness of education
without it becoming the merchandising of training achievements.
5. The quality of education
Paul Hunt is careful to add that the importance of education cannot be summed up
in the possibility of a good financial investment for States ("but its importance [to
education] is not only in the consequences it has on a practical level or the
possibilities it can offer."). The author adds "A well-stocked and active mind,
capable of freely wandering, is one of the joys and rewards of existence." Here we
can assume that the right to education is not only summed up in a quantitative
balance sheet of access to schooling. The question that must be asked is that of the
quality of the training received. Non-discriminatory teaching material, pedagogical
methodologies that respect the human person, the competence of teachers and the
democratic school environment must be looked at attentively88.
88
Supra 1
90
Article 26 1.Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be
made generally available and higher education shall be equally accessible to all on the basis of merit. 2.
Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance
and friendship among all nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be
given to their children.
91
Education Rights. A guide for practitioners and activists (Action Aid for the Global Campaign for
Education, 2007)
93
Article 131.The State Parties to the present Covenant recognise the right of everyone to education. They
agree that education shall be directed to the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that
education shall enable all persons to participate effectively in a free society, promote understanding, tolerance
and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the
United Nations for the maintenance of peace.2.The States Parties to the present Covenant recognise that, with
a view to achieving the full realisation of this right:(a) Primary education shall be compulsory and available
free to all; (b) Secondary education in its different forms, including technical and vocational 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; (c) Higher education shall be made equally accessible to all,
on the basis of capacity, by every appropriate means, and I particular by the progressive introduction of free
education; (d) Fundamental education shall be encouraged or intensified as far as possible for those persons
who have not received or completed the whole period of their primary education; (e) The development of a
system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established,
and the material conditions of teaching staff shall be continuously improved. 3. The States Parties to the
present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to
choose for their children schools, other than those established by the public authorities, which conform to such
minimum educational standards as may be laid down or approved by the State and to ensure the religious and
moral education of their children in conformity with their own convictions. 4. No part of this article shall be
construed so as to interfere with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the
requirement that the education given in such institutions shall conform to such minimum standards as may be
laid down by the State.
94
M. Santos Pais, while commenting on the link between the concepts of rights and protection as expressed in
the 1989 Convention on Rights of the Child. He states that this convention highlights two complementary
aspects, a child is the holder of fundamental rights and freedoms and the child is also the recipient of special
protection. This is an important aspect of the right to education of children. The UN Convention on the
Rights of the Child 91/2 Bulletin of Human Rights, 75 (1992)
95
Convention on the Rights of the Child, Core principles: Articles 2, 3, 6, 12; relevant articles include 7, 13-17,
19 and 28.2, 23, 24, 30, 31, 32, 24, 42. Article 281.States Parties recognise the right of the child to education,
and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in
particular,(a) Make primary education compulsory and available free to all; (b) Encourage the development of
different forms of secondary education, including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the introduction of free education and offering
financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by
every appropriate means;(d) Make educational and vocational information and guidance available and
accessible to all children;(e) Take measures to encourage regular attendance at schools and the reduction of
drop-out rates.2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the childs human dignity and in conformity with the present
Convention; 3. States Parties shall promote and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout
the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this
regard, particular account shall be taken of the needs of developing countries. Article 291.States Parties agree
that the education of the child shall be directed to: (a) The development of the child's personality, talents and
mental and physical abilities to their fullest potential; (b) The development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The
development of respect for the child's parents, his or her own cultural identity, language and values, for the
national values of the country in which the child is living, the country from which he or she may originate, and
for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free
society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the
natural environment. 2.
No part of the present article or article 28 shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the
observance of the principle set forth in paragraph 1 of the present article and to the requirements that the
education given in such institutions shall conform to such minimum standards as may be laid down by the
State.
98
UNESCO Convention Against Discrimination in Education Article 1 1. For the purpose of this Convention,
the term "discrimination" includes any distinction, exclusion, limitation or preference which, being based on
race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or
birth, has the purpose or effect of nullifying or impairing equality of treatment in education and in particular:
( a ) Of depriving any person or group of persons of access to education of any type or at any level; ( b ) Of
limiting any person or group of persons to education of an inferior standard; ( c ) Subject to the provisions of
article 2 of this Convention, of establishing or maintaining separate educational systems or institutions for
persons or groups of persons; or ( d ) Of inflicting on any person or group of persons conditions which are
incompatible with the dignity of man. 2. For the purposes of this Convention, the term "education" refers to all
types and levels of education, and includes access to education, the standard and quality of education, and the
conditions under which it is given. Article 3 In order to eliminate and prevent discrimination within the
meaning of this Convention, the States Parties thereto undertake: ( a ) To abrogate any statutory provisions and
any administrative instructions and to discontinue any administrative practices which involve discrimination in
education; ( b ) To ensure, by legislation where necessary, that there is no discrimination in the admission of
pupils to educational institutions; ( c ) Not to allow any differences of treatment by the public authorities
between nationals, except on the basis of merit or need, in the matter of school fees and the grant of
scholarships or other forms of assistance to pupils and necessary permits and facilities for the pursuit of studies
in foreign countries; ( d ) Not to allow, in any form of assistance granted by the public authorities to
educational institutions, any restrictions or preference based solely on the ground that pupils belong to a
particular group;( e ) To give foreign nationals resident within their territory the same access to education as
that given to their own nationals. Article 4 The States Parties to this Convention undertake furthermore to
formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to
national usage, will tend to promote equality of opportunity and of treatment in the matter of education and in
particular: ( 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 education institutions of the same level, and
that the conditions relating to the quality of education provided are also equivalent; ( c ) To encourage and
intensify by appropriate methods the education of persons who have not received any primary education or
who have not completed the entire primary education course and the continuation of their education on the
basis of individual capacity; ( d ) To provide training for the teaching profession without discrimination.
99
UNICEF submission to the Committee on the Rights of the Child 2008 Day of General Discussion 19
September 2008)The right of the child to education in emergency situations (CRC articles 28 & 29)
100
Economic, Social and Cultural Rights in Practice: The Role of Judges in Implementing Economic, Social and
Cultural Rights Edited by Yash Ghai and Jill Cottrell pg 61-62
102
Application no. 25781/94 European Court of Human Rights May 2001
Northern Cyprus to refrain from censoring Greek language textbooks. The Court
found that "the discontinuance" (that is, closure) of Greek-medium secondary
schools amounted to a denial of the right to education.
Closing schools is also retrogressive measure which should be seen as the opposite
of fulfilling the right to education , making it unavailable and will often be seen by
courts as such, as was in Les Tmoins de Jehovah v. Zaire103. The case was
brought on a breach of law, that the closure of universities and secondary schools
violated the right to education (Article 17) of the African Charter on Human and
Peoples Rights. Every individual shall have the right to education. The claim
was brought by four NGOs against former Zaire (now Democratic Republic of the
Congo). The Commission held amongst other things that, in the absence of a
substantive response from Zaire, it must decide on the facts provided by the
complainants and treat them as given; that the closure of schools and universities
also described in that communication was a violation of Article 17. as well as a
breach of right to education among others.104Through this decision the Commission
103
No. 25/89, 47/90, 56/91, 100/93; 1 October 2005 There was an alleged gross mismanagement of public
finances by the government leading to degrading conditions, shortages of medicine, education and basic
services. The government allegedly failed to provide these services impairing its people from obtaining
adequate medical treatment and from accessing basic education. Indeed there was a two year long closure of
universities and secondary schools. The government was accused of torture, arbitrary arrests and arbitrary
detentions, extra-judicial executions, unfair trials, severe restrictions placed on the right to association and
peaceful assembly, as well as suppression of the freedom of the press. The Commission, considering there to
have been a grave and massive violation of human rights, brought the matter to the Organisation of African
Unions Assembly of the Heads of State and requested that Zaire receive a mission of two of its members to
discover the extent and cause of the violations. There was no response to this request or to the communications
and the Commission found them admissible as the vast and varied scope of the violations alleged and the
general situation prevailing in Zaire made it impractical or undesirable for the domestic courts to adjudicate
the alleged violations. The rule of exhaustion of domestic remedies: A crucial rule governing the admissibility
of a complaint is that you must, in general, have exhausted all remedies in the state where the violation
occurred before bringing a claim to an international body. This usually includes pursuing your claim through
the local court system. There are, however, exceptions to this rule. If the exhaustion of remedies is
unreasonably prolonged, or plainly ineffective or otherwise unavailable to you (owing, for example, to denial
of legal aid in a criminal case), you may not be required to exhaust domestic remedies. NB. See also the case
of D.H. and Others v Czech Republic in the Racial Discrimination cases and Dilcia Yean and Violeta Bosica v
Dominican Republic in the discrimination on the basis of nationality cases.
104
The Commission ruled that the failure of the government to provide basic services such as safe drinking water
and electricity and the shortage of medicine constitutes a violation of the right to enjoy the best state of
physical and mental health (Article 16). Besides violations of economic and social rights, the Commission
found the government of Zaire guilty of violating the right to life (Article 4), the prohibition of torture and
inhuman or degrading treatment, the right to liberty and security of person (Article 6), the right to have ones
cause heard (Article 7) and the right to freedom of conscience, religion and belief (Article 8). Effect of case
Zaire (today Democratic Republic of the Congo) has been in a state of war ever since.
105
HREOCA 4, 26 February 1992, The Australian Human Rights and Equal Opportunity Commission found that
the one important reason for closing the school was its image of an aboriginal enclave. The closure of that
school would trigger dispersal of the indigenous learners in the neighbouring schools. The Commission asked
how they would have been absorbed and whether these Traeger Park children would be additionally
disadvantaged. To have breached the Racial Discrimination Act 1975, the Commission decided there would
have to have been an act which involves a distinction, exclusion, restriction or preference which is based on
race, colour, etc. and secondly, that act has the purpose or effect of nullifying or impairing recognition,
enjoyment or exercise on an equal footing of any human right such as the right to education and training.
Commission found that the decision was one based on race. However, he also determined that the Minister's
subjective purpose was for the maintenance of educational opportunities and services for those children. The
Commissioner determined that the Minister's decision was based on the view that mainstreaming the students
would be in their longer term interests and not made with the 'purpose or effect of nullifying or impairing
recognition, enjoyment or exercise on an equal footing of any human right'. See the Belgian Linguistic Case in
the section of cases on language. The distinction here was not held to be discriminatory based on the
justification b. In the Belgian case. The Western Cape Minister of Education & Others in the cases relating to
language. That case also stated that if children could easily attend other schools that met their needs, the State
would not have breached discrimination laws. The students' rights to education were, in the Commissioner's
interpretation of the Act, sufficiently protected so long as they had access to some form of education. Their
rights did not seem to extend to the form that that education took. NB. Unlike in Zaire and Cyprus cases, there
was alternative acceptable educational provision available to the commission.
106
[1990] C.O.D 317 [1990] 2 Admin. L.R. 822, 828B
107
[1989] House of Lords AC 573, 604B
108
Note that in each of the above cases, the cost of transport has only been provided where either the pupils are
not within walking distance or there is another reason why they cannot get to school. Transport costs are not
necessarily automatically paid by the government. Even where there are no direct fees for education, there can
be other costs associated with education such as those for books and transport which can ultimately be
prohibitive.
109
Pl. US 25/94 JUDGMENT in the Name of the Czech Republic Context on 4 November 1994, the Court
received from a group of Deputies of the Parliament of the Czech Republic a petition commencing a
proceeding on the annulment of Government Regulation No. 15/1994 Sb. On the Provision Free of Charge of
Textbooks, Teaching Texts, ad Basic School Materials which set out the principle that teaching aids (exercise
books, pencils, colour box, ruler, etc.) will be provided to all children in the Czech Republic.
Court of Human Rights112. The State had introduced compulsory sex education in
State primary schools as part of the curriculum. This change in the curriculum was
introduced by a Bill passed by the Parliament. There were guidelines and
safeguards against a) showing pornography, b) teachers giving sex education to
pupils when they were alone, c) giving information on methods of sexual
intercourse and d) using vulgar language while imparting sex education. The
applicants, who were parents of state primary school going children, were not
satisfied that the guidelines and safeguards protected their children sufficiently.
The Court held that any teaching should respect parents religious and moral
convictions. It found that the State "must take care that information or knowledge
included in this curriculum is conveyed in an objective, critical and pluralistic
manner. The State is forbidden to pursue an aim of indoctrination that might be
considered as not respecting parents' religious and philosophical convictions"; i.e.
Article 2 would be violated only if while imparting sex education, the teachers
advocated sex at a particular age or particular type of sexual behaviour. However,
the sex education lessons, which the legislation had intended to be imparted to
pupils, did not amount to indoctrination or advocacy of a specific kind of sexual
behavior. Moreover, the parents still had the freedom to educate their children at
home to in still their own religious convictions and beliefs and therefore, imparting
sex education in itself was not a violation of Article 2. 113. In India114, children have
a clear right to school meals as a result of an explicit Supreme Court order of
November 28, 2001. The order specified the entitlements of children to midday
meals in detail, including minimum levels of calories and protein. The
acceptability of education should extend to all aspects of the school day, including
any food provided.
State of Maharashta v Vikas Sahebrao Roundale and Others 115 'This Court
judicially noted mushroom growth of ill-equipped and understaffed unrecognized
educational institutions in Andra Pradesh, Bihar, Tamil Nadu and Maharashta and
other States too are no exceptions. Obviously the field of education is found to be a
fertile, perennial and profitable business adventure with least [sic] capital outlay.
the full funding that others received or the government would have to increase its education budget. The
Government also referred to The Gazette of the Ministry of Education, Youth, and Physical Training, Nos. 6
& 7 from July and August, 1994, which showed that the list of approved and issued textbooks for elementary
schools, valid for the 1994 - 1995 school year, lent by the schools to elementary school students free of
charge (as meant by Government Regulation No. 15/1994 Sb.), included more than 650 titles. Supplying a
copy of each, to each secondary school child would be economically impossible
111
European Convention on Human Rights [1992] 2 A.C. 48 United Kingdom
112
E.H.R.R. 737 (Application no. 5095/71; 5920/72; 5926/72), 7 December 1976
This case is one such case from the State of Maharashta. It would appear that
individuals or societies, without complying with the statutory requirements,
establish educational or training institutions ill-equipped to impart education and
have students admitted, in some instances despite warnings by the State
Government and in some instances without knowledge of the State Government
concerned, but with connivance at lower levels. The ill-equipped and ill-housed
institutions and sub-standard staff therein are counter-productive and detrimental to
inculcating spirit of inquiry and excellence in the students. The disregard of
statutory compliance would amount to letting loose of innocent and unwary
children. The Supreme Court affirmed the power and the responsibility of the state
to ensure that educational institutions conform to minimum standards (safety,
water, sanitation or qualifications of teachers.) Without meeting such standards,
those schools would be unacceptable.
Adaptability that education can evolve with the changing needs of society and
contribute to challenging inequalities, such as gender discrimination, and that it
can be adapted locally to suit specific contexts. Philippine Association of
Colleges v Secretary of Education116 this case involved restrictions upon the
parental right to educate their children according to their own values and a
113
The applicants argued that the Danish Government had violated Article 2 of Protocol No. 1 to the European
Convention on Human Rights by refusing to exempt the applicants children from compulsory sex education
lessons in school. They gave several petitions to have their children exempted from sex education in concerned
State schools. However, these requests were not met and all of them withdrew their children from the said
schools. On what breach of law was the case brought? Article 76 of the Danish Constitution: 'All children of
school age shall be entitled to free instruction in primary schools. Article 2 of Protocol No. 1 to the European
Convention on Human Rights: No person shall be denied the right to education. In the exercise of any
functions which it assumes in relation to education and to teaching, the State shall respect the right of parents
to ensure such education and teaching in conformity with their own religious and philosophical convictions
The State argued that Article 2 only relates to religious instruction and not to all forms of instruction such as
sex education. What has this case done to further the right to education? The religious and moral beliefs of the
parents in this case were not altogether opposed to school education. The situation is more complex where
religious beliefs etc. are opposed to full-time formal school education: for example, where children are
enrolled in religious schools and given religious instruction which is very different from the curriculum in a
regular school. Different courts in different countries may hold differing views, i.e. such a practice should be
exempted as a cultural right or it could be seen as a violation of a childs human right to primary education. A
courts view in such a situation would depend on the constitution and other legislation together with the
cultural and political opinion of such education in that country or region.
114
Supreme Court Order 28 November 2001
115
Supreme Court of India 11 August 1992
diminution of the rights and liberties of school owners and teachers. The Supreme
Court rejected the argument that parental freedom and freedom of establishing and
running educational institutions should be protected against interference by the
State.
The Court upheld the constitutionally affirmed power of the State to control
education so as to safeguard the human rights of everyone involved, as well as the
public interest which education should promote. The Court added that any
intervention by the State ought to be accompanied by access to justice so as to
enable the challenging of any alleged abuse of this State power. Note. The Court
drew similar conclusions as the court in Kjeldsen117 in providing the State with the
presumption that it decides what should be in the curriculum but maintaining that
parents should have the ability to challenge the States decisions in this area.
However, Katarina118 points out an important aspect, that, it should be noted from
the outset that these 4As are not definitive. Whilst they are an extremely useful
way of explaining the right to education in terms of tangible factors, they are not
necessarily the standard used in every international treaty and as such should not
be treated as a generic, comprehensive guide to what the right to education means
under every law. Indeed according to Stewart Asquith and Malcolm Hill
Martinus119 right to education has been narrowed down to the 3Ps.They argue
that in regard to Childrens Rights as a whole-Essentially the 54 Articles of the
CRC boil down to what one might call the 3 ps protection provision and
participation.
Conclusion
116
Supreme Court G.R. No. L-5279, 31 October 1955
117
Supra 28
118
Former UN (United Nations) Special Rapporteur on the Right to Education
119
Justice For Children, Centre For Study Of The Child And Society University of Glasglow in collaboration
with UNICEF UK and SCF UK p. 19 Edited by Stewart Asquith and Malcolm Hill Martinus NIJHOFF
Publishers Dordrecht/Boston/London
This chapter has sought to define the right to education in Uganda, which
admittedly, has a wide ambit compared to the understanding of it being just
dissemination of information schools to the learners. This dissertation now turns to
a consideration of the role of NGOs in the promotion and protection of the right to
education in Uganda since 1995.
CHAPTER 3
On analyzing the right of education in the previous chapter, this chapter seeks to
address the role of NGOs in Uganda in promoting and protecting the right to
education, main emphasis being made on children120.
The emergence of NGOs is commonly explained as an institutional response to
market or state failures. They are often viewed as being less bureaucratic and more
flexible, and therefore more capable of responding to emergencies, promoting
work at grassroots level and involving the participation of local people. NGOs are
also seen as being cheaper, more efficient and non-political and therefore more
equitable in their disbursement than governmental aid. Ngos do not have a duty to
promote and protect the rights of children but it is the state duty to do so 121. Ngos
120
According to Boyden J. and Hudson A (1986., they point out that child suffering is human suffering, and
that rationale as to the special concern child suffering raises, is because of the mental and physical immaturity
of children hence they are seen as needing more care and protection than adults over which they have no
control and responsibility. They also point out the fact that, children suffer from double disadvantage because
they are children, and that the situation of children in society has changed little since the 18 th century when
they were legally compared with the dead. like a corpse which lacks the ability to act because it has no
biological life, a child lacks the ability to act because it has no legal lifeBoyden J. and Hudson A. Children:
Rights and Responsibilities. Minority Rights Group Report No. 69, London: Minority Rights
Group(1986)
121
According to Thomas Hammarberg, Council of Europe, Commissioner for Human Rightshe pointed out
that, It is up to governments to ensure that all children enjoy their rights, in light of equality and justice. No
child should suffer discrimination. The rights of the CRC apply, "regardless of race, colour, sex, language,
come in to supplement the states role by playing a gap filling role where the state
is ineffective122.The recognition of the role of NGOs in development and social
justice work has increased enormously over the past decade123.
The role of Ngos therefore in promoting and protecting the right to education can
be seen on analyzing National and International NGOs, Faith Based Organisations
and Community Based Organisations. This role ranges from provision of social
services, advocacy, Micro lending Shelter projects, Child support and care, Youth
skills
development,
Child
counseling
Advocacy
and
lobbying.
This research majorly focuses on children and a notable issue is that NGOs
majorly target orphans and vulnerable children.
122
Article By Gerald Bareebe, Do we need NGOs
123
This is nicely illustrated yesterdays Japan Times article presenting the new Japanese foreign policy, from the
2000 Diplomatic Blue Book, stressing the importance of forging strategic relationships with NGOs,The role
played by the civic societies lead by the NGOs is becoming increasingly important in addressing the new
challenges of the international community,
125
Others include the Family Empowerment Program, This program helps families affected by HIV/AIDS
improve their socioeconomic status and access HIV/AIDS services. Through counseling, social support and
education, Children of Uganda equips families with the socioeconomic skills necessary for economic
development, including business planning, micro-financial and management skills, and helps HIV-affected
families access HIV/AIDS services, including testing and treatment for opportunistic infections, the
Reproductive Health/HIV/AIDS Program and the Information, Education, Communication and Advocacy
Program.www.childrenofuganda.org
Kiwanga home in the Mukono district. Over 600 children currently benefit from
their education and support programs in Uganda.
ACTION TO SUPPORT ORPHANS AND DISADVANTAGED (ASOD)
ASOD is a non-governmental and community-based organization established in
2004 with a mission to contribute to the fight against inequality and poverty in the
poorest communities of Uganda. The organization started as a grassroots charity in
Kampala, Uganda in 2004 to provide basic support to orphans from the slum areas
of Kampala. From this it established a secondary school and an orphanage and
attained an NGO status on the 26th July 2005 under the Non-Governmental
Organizations Registration Statute, 1989.
ASOD Orphan Center
The Orphan Center focuses on providing shelter, a home, meals, hygienic and
medical assistance, clothing, education, vocational training, recreational activities,
counseling and guidance for orphaned children ages 13 to 21 years old. Children at
ASOD Orphan Center all attend their Millennium College and Vocational School,
which provides secondary education to orphans and disadvantaged children in
accordance with the Uganda ministry of education curriculum127. Training courses
such sewing and tailoring is provided to the students to acquire practical life skills.
They also encourage creative minds by offering courses in arts, craft and drama.
Secondary education together with vocational training places ASOD students in an
advantaged position for many jobs available in Uganda. Over 10 percent of ASOD
students stay past 18 years of age to continue their vocational education, which is
encouraged.
126
NGOs aim at quality education, new vision uganda,22 April 2010,ngos fight for
minors rightsKampala Plan Uganda has launched a child protections campaign.
The area programme coordinator, Patrick Emukule, said the campaign will focus on
fighting sexual harassment, bullying and corporal punishment, which contribute to poor
academic standards. Emukule said they are committed to ensuring that disadvantaged
children get quality education. He made the remarks at Osire Primary School on during
the celebrations to mark the end of '1 GOAL education for all' campaign.
127
www.asod-uganda.com
The vision of ASOD128 is to see a society where all orphans, other vulnerable and
disadvantaged children live to their full potential and rights and where their
aspirations are fulfilled129.
Their mission on the other hand is to improve the economic and social well being
of orphans, and other vulnerable Children in Uganda by supplying them with a
safe environment, a house, food security, improved health, education and training.
The outputs of activities directed at realizing these objectives are targeted at
orphans and other unprivileged children and their direct beneficiaries.
BETHSEDA INTERNATIONAL
Bethesda International was founded by Ruth Mirembe Muga (RIP) in 1995 after
losing her brothers and sisters to AIDs/HIV and other illnesses and taking in her 12
nieces and nephews. The very next year, Ruth opened her doors to two more
children who had been orphaned and abandoned. From there, Bethesda
International was founded and registered as a Non-Government Organization
(NGO) and now cares for 200 orphans and vulnerable children. The organization
has grown from one foster home to the now 8 that exist.130
128
ASOD uses educating, training, peer networking and information dissemination to achieve its objectives of:
Providing shelter and a home to orphans, Providing secondary education to orphans and other vulnerable
children, Providing practical skills to orphans and other vulnerable children, Supporting, implementing and
planning HIV/AIDS eradication programs, Establishing rehabilitation centers and resource centers for the
youth, Developing and implementing poverty eradication programs, Implementing community development
programs, Supporting, implementing and providing health services, mainly in the field of community health,
public health and health issues attached to HIV/AIDS, Providing home base and HIV/AIDS counseling and
testing
129
M. Freeman on the other hand states that, in any event, the entitlement of children to protection and their
entitlement to self determination are not mutually exclusive. Freeman puts it that taking childrens rights has
certain consequences, that it demands adoption of policies, practices, structures and laws which both protect
children and their rights. Alston Parker and Seymour (eds) Taking Childrens Rights More Seriously in
(1992) 69
130
Ruth, a single woman, decided to give up her life to raise these children. While more and more orphanages
were opening due to the rapidly increasing number of orphans, Ruth led the way in implementing a foster care
system in Jinja, Uganda, her home town. She desired to maintain the strong African cultural value for family
living. She founded the very first library in Jinja in hopes of empowering her African brothers and sisters to
embrace education and to inculcate a reading culture among them. In 2006, after years of impacting the
country of Uganda as a single woman, Ruth married the love of her life, Arthur Muga, a high school English
teacher. Together, the two along with the Bethesda staff, continued their work to expand and provide a loving
environment for the children of Uganda. In 2008, twelve years after the organization was founded, Ruth passed
away from medical complications incurred by sickle cell anemia. Though the passing was unexpected and a
huge loss, Bethesda continues to grow and expand, currently caring for over 300 children.
132
www.fidauganda.org
134
Over the last 3 years, FIDA-U has undertaken numerous activities that have resulted in remarkable
achievements in the programme areas. Towards providing legal aid, in the years 2005-2006, at least 200 cases
were handled each year in court; 8085 cases resolved using Alternative Dispute Resolution in 2006 and 7062
cases in 2007. As part of strengthening sustainable agencies for community rights protection, at least 261
paralegals were trained to make justice accessible to the majority of people in communities and support FIDAUs community outreach programmes. FIDA- U has networked with other partners on the Domestic Relations
Bill; Succession Act; HIV/AIDS Bill and ; advocacy for the Equal Opportunities (EOC) Act.
www.fidauganda.org Though the issue of child rights protection and promotion is of importance, John
EEKELAAR .P Alston, S.Parker, J. Seymour, (eds) Children Rights and the Law Claredon Paper Backs
Oxford University Press puts it across that philosophers and jurists have differed among themselves over the
basis for conceiving that children may have rights. The problem is compounded by the practice of framing
policy towards children in the form of general duties to promote their welfare, that legal relationships of this
kind exclude the essential features of rights based relationships. He goes ahead to point out that, no social
organization can hope to be built on the rights of its members unless there are mechanisms whereby those
members may express themselves and wherein those expressions are taken seriously. Hearing what children
say therefore lies at the root of any elaboration of childrens rights. He emphasizes that; society will have
begun to perceive its children as right holders when adults attitudes and social structures are seriously
adjusted towards making it possible for children to express views and towards addressing them with respect.
135
Named among the organizations promoting the right to educationNew Vision (Kampala) - January 19,
2010 Bursaries for needy but talented students by Chris Kiwawulo BESIDES free Universal Secondary
Education in Uganda, several organizations and private schools offer scholarships to students who excel but
cannot afford to pay their fees. Organisations mainly offer scholarships to needy students while schools
sponsor best performing and talented students. Talented students are those engaged in football, netball,
athletics and boxing. Schools that strictly take bright but needy students do not always exceed 10 scholarships
except when there is an external sponsor. In some schools, however, the scholarships are partial; where a
student pays half of the fees and the school foots the remaining part. Below are some of the several
organizations and schools that offer scholarships. The Uganda Women's Effort to Support Orphans
(UWESO) As the name suggests, UWESO helps orphans mostly infected or affected by HIV/AIDS. The
organization helps such disadvantaged children to secure scholarships so that they can have a better chance in
life.
136
According to 1999 UNAIDS estimates, there are about 1 million orphaned children in Uganda, largely as a
result of the AIDS epidemic. This epidemic has led to a marked increase in adolescent-headed households and
has placed a heavy burden on elderly and surviving family members. Some orphans, also infected with HIV,
place the added burden of expensive medical care on their caregivers. UWESO works to address these
growing needs by providing resources and opportunities to communities and families that support children
orphaned by AIDS. With the support of donors such as USAID and UNICEF, some 10,000 UWESO volunteers
work with communities in 35 districts of Uganda. UWESOs credit and savings organization has members
from 5,000 households, reaching approximately 35,000 orphans.
138
In Uganda today, one of every six children is an orphan. This staggering statistic and, or rapid growth of the
orphan population is mainly due to HIV/AIDS and has continued to justify the existence and cause of
UWESO. The magnitude of the crisis further renders direct support and assistance to be very expensive,
unsustainable and extremely limited in terms of impact. Hence, the refocusing of UWESO strategy.
139
Uganda: UWESO - Families, Communities Band Together to Ensure Sustainable Future for Young People By
Pelucy Ntambirweki
Ibid Bernadette Nakayima, a 70-year-old widow, lost all of her 11 children to AIDS and was left to care for
her 35 orphaned grandchildren. Like Harriet Namayanja, she relied on UWESO to help her care for her
grandchildren. With UWESO loans and training, she is able to send her grandchildren to school and generate
income through a variety of small enterprises. She has also built a permanent house and started a savings
account.
141
UWESO Savings and Credit Scheme (USCS), which is used as an entry point for health-related interventions.
Guardians are trained in business management, record keeping, the importance of saving, and effective use of
small loans. Through this program, they can acquire credit and build a self-managed savings account. The
meetings are also used to disseminate health education messages to guardians.
142
A 1999 evaluation of UWESOs initiative to support the communities of AIDS orphans confirmed
improvements in nutrition, access to medical treatment, education of children, and living and housing
conditions of participants in the USCS. All participants are aware of how to prevent HIV and to care for HIVinfected relatives, in addition to having improved knowledge of water and sanitation, nutrition, and primary
health care topics that are discussed during USCS meetings.
ACTIONAID UGANDA
ActionAid has been operating in Uganda since 1982 and now work with over 200
partners on a number of poverty reduction initiatives. They currently support over
260,000 families. ActionAid has been operating in Uganda since 1982 and now
work with over 200 partners on a number of poverty reduction initiatives.
Currently support is given to over 260,000 families, promote equal access to
education for all, and support non-formal education for children affected by
conflict, and HIV and AIDS. Our radical adult literacy programme, Reflect, was
pioneered by ActionAid in Uganda, and is now in use in over 60 countries by 350
organizations143
Its role in education is majorly advocacy, emphasis being placed on affirmative
action for girl child education, in consideration of sexual violence. It therefore
links the right to health with the right to education.
Education is recognized internationally as a fundamental right for all children. A
State providing education to its children cannot do so in a discriminatory manner.
A number of international treaties, to which most AA countries have acceded,
recognize education as a fundamental right144
.
143
www.actionaid.org.uk
144
Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and
Convention on the Rights of the Child). Each treaty includes a principle of non-discrimination, such that when
a state provides education for its children, it may not arbitrarily deny education to particular groups of
children, or provide them with education of a different standard. Action Aids own research and work on
preventing and combating violence against girls in schools shows that girls are at risk of being raped or
coerced into sex, often by their teachers and peers, which may result in pregnancy, STIs including HIV. Even
when girls are not coerced in to sex, absence of comprehensive sexuality education and reproductive health
services increases the risk of unwanted pregnancy and STIs including HIV. Despite evidence that
comprehensive sexuality education and provision of reproductive health services is probably one of the most
effective ways of reducing unwanted teenage pregnancies and STIs (including HIV), it is rarely provided in
schools. Instead authorities expel pregnant girls from school, rationalizing this punitive and ineffective action
that violates girls rights as a means to prevent pregnancies amongst students.The denial of re-entry in schools
for pregnant girls and/or student mothers violates their fundamental rights to equality, privacy, free
development of personality, and to education. It is also an ineffective policy in that it targets young girls rather
than address the root cause gender inequality that puts girls at risk for violence, coercion as well as
unwanted pregnancies and STIs including HIV. Justifications for this practice include assertions that are based
on religious ideology rather than scientific evidence, that any form of tolerance of pregnancy amongst students
would be seen as encouragement. No association is made with the best interests of the (pregnant) child nor is
there an acknowledgment of the fact that girls have not been equipped with the knowledge and skills necessary
to prevent pregnancy and are thus doubly victimized.
www.actionaid.uk.org
145
Supra 13 This NGO connects needy children in poor nations to their sponsors from wealthy nations. Some of
the children get sponsored up to university level. Applicants write to ActionAid seeking sponsors. The
organization then connects the two parties to those willing to offer a hand. The applicant must submit passport
photos and be seconded by the local authorities in the area of residence.
ActionAid works with people whose right to education has been denied, enabling
them to assert their rights. Help is also given poor people to become active agents
in negotiating for their rights, enabling them to define for themselves what "free
quality basic education" really means. The work at a local level is an integral part
of a larger struggle for quality education at national and international levels. Action
Aid also work with governments to achieve local education reform where
necessary, and support areas of basic education, such as early childhood education
and adult literacy, that are not within the viable reach of government148.
146
Right to Education: United Nations World Conference Documents and TreatiesICPD POA par. 4.18
Beyond the achievement of the goal of universal primary education in all countries before the year 2015, all
countries are urged to ensure the widest and earliest possible access by girls and women to secondary and
higher levels of education, as well as to vocational education and technical training, bearing in mind the need
to improve the quality and relevance of that education; para. 7.47 Governments, in collaboration with nongovernmental organizations, are urged to meet the special needs of adolescents and to establish appropriate
programmes to respond to those needs. . . ICPD+5 para. 21 (b) Governments should: Meet the needs of
youth, especially young women . . ., priority should be given to programmes such as education, incomegenerating opportunities, vocational training . . . para. 35 Governments, in particular of developing countries,
with the assistance of the international community, should: (a) expand youth and adult education and lifelong
culture and gender sensitive learning policies and programmes, with particular attention to migrants,
indigenous people and people with disabilities; (b) Include at all levels, as appropriate, of formal and nonformal schooling, education about population and health issues, including sexual and reproductive health
issues, . . .enhancing gender equality and equity. . . (c) Reduce the rate of illiteracy of women and men, at least
halving it for women and girls by 2005, compared with the rate in 1990.
Beijing para. 80 Actions to be taken by Governments: Advance the goal of equal access to education by
taking measures to eliminate discrimination in education at all levels on the basis of gender, race, language,
religion, national origin, age or disability, or any other form of discrimination and, as appropriate, consider
establishing procedures to address grievances; (b) close the gender gap in primary and secondary school
education by the year 2005; provide universal primary education in all countries before the year 2015; (c)
Eliminate gender disparities in access to all areas of tertiary education. . . ; (j) Encourage ratification of the
International Covenant on Economic, Social and Cultural Rights where they have not already done so. para.
83 . . . (k) Remove legal, regulatory and social barriers, where appropriate, to sexual and reproductive health
education within formal education programmes regarding women's health issues; para. 277 (a) (a) Promote
an educational setting that eliminates all barriers that impede the schooling of married and/or pregnant girls
and young mothers . .WSSD(1) para 47 (j) Address effectively, for all individuals of appropriate age, the
promotion of their healthy lives, including their reproductive and sexual health, consistent with the
commitments and outcomes of recent United Nations conferences and summits, including the World Summit
for Children, the United Nations Conference on Environment and Development, the International Conference
147
www.actionaid.uk.org
148
The local education work encompasses a huge range of activities, from supporting formal and non-formal
education, to strengthening the voices of poor people in education decision-making at all levels. The main
concern is making education more accountable, and in doing so narrowing the large gap between governments
and their citizens. www.actionaid.uk.org
149
www.eccauganda.org.
150
Additional Information ECCA is a not-for-profit organization in Uganda that was founded in 2002 by a team
of male and female human rights activists and child welfare practitioners. ECCA's primary aim is to promote
the proactive participation of men in the design and implementation of gender-based violence prevention
interventions. The prevalent forms of gender-based violence are domestic violence, child abuse, child neglect,
spouse neglect, sexual abuse and work-based abuse.
This program has two components; the Child Sponsorship Scheme (for school fees
and scholastic materials, psychosocial support) and Family Empowerment
Scheme, whereby the families of the supported children on the child sponsorship
scheme are supported by providing some initial start up capital to manage
profitable income generating activities (IGAs). This enables them to realize some
considerable income to provide for the needs of their children. After some time, the
responsibility is transferred back to these families, for other children to be taken up
on the scheme151. In relation to this is its advocacy programme152.
OASIS UGANDA
It is a faith based organization a local Christian NGO based in Uganda and part of
the Oasis global family. They are stirred to action by the life, message and example
of Christ to transform the lives of the most vulnerable people and communities,
particularly children and youth. Its mission is to nurture an environment of holistic
development for vulnerable people to enable them reach their God-given potential.
Oasis Uganda works in partnership with other organizations, churches and other
local stakeholders wherever possible to lessen the risk of duplication of services
and to increase long-term sustainability153.
151
A Rapid Assessment Study Report: Child Domestic Violence and Child Sexual Abuse in Rakai District,
Uganda This report is an output of a rapid assessment study on trends of Child Sexual Abuse (CSA) and Child
Domestic Violence (CDV) that was conducted by Empower Children and Communities against Abuse (ECCA)
between April and May 2004 in Rakai District, South Western Uganda. The overall objective was to seek
views of children and adults on Child Domestic Violence and Child Sexual Abuse. In September 2002, ECCA
developed a unique partnership with Rakai Health Science Program (RHSP), formerly known as Rakai Project,
that commissioned ECCA to build the capacity of HIV/AIDS and Reproductive health counselors to handle
Domestic Violence (DV) related cases. Among the issues that emerged during the training were limited local
capacity in Rakai district to provide services and support for GBV related matters especially Domestic
Violence and its effects on children. It was against this background that the Rapid Assessment Study in Rakai
District was commissioned
152
Executive Summary Report for the ECCA Media Analysis, Period January March 2005The media
analysis is a key information Gender-Based Violation monitoring tool for ECCA from which we are able to
identify the various forms of abuse affecting the Ugandan Populace. The purpose of the analysis is mainly to
assess the extent to which these forms of abuse are prevalent in our society but increase awareness and obtain
the best possible solutions in addressing Gender-Based Violence. The media is the mirror of society. This is
because what the media carries is a reflection of what that society is about.
153
www.oasisuganda.org it works in conjunction with AVSI, the British High Commission, Hope HIV, Anchor
Foundation, Heart Of Compassion, Irish Aid, Operation Agri and Grace Church
Every child has a right to receive education 154 and in support of this, Oasis Uganda
provides a comprehensive education programme through the Bambejja Child
Support Project in Kampala and the Beersheba Project in Mbale. Through
Bambejja girls aged 6-18 are supported in local community schools and offer
additional support classes after-school and in holidays to help them make better
progress. At both Bambejja and the Beersheba Project they run a Catch Up
programme in basic literacy and numeracy for girls who are not attending formal
education. As these children have a chance to learn, the hope is that they will in
future be able to earn a decent living and break free from the poverty and slumdwelling that has categorized their parents lives155.
Oasis also seeks to help such young people by developing their skills through
entrepreneurship and vocational training through the same projects. Majority of the
young people (15-20) stop going school in Uganda do so due to lack of school
fees, early pregnancies responsibilities at home and they are unlikely to continue
with their education. They are left without any skills or knowledge to help them
find jobs to fend for themselves and their families. Skills including catering,
tailoring, craft-making, hairdressing and computing are taught alongside basic
business and money management skills to enable vulnerable people to be jobcreators as well as potential employees156.
The right to education indeed extends to the right to health 157.The HIV/AIDS
pandemic has left, and is still leaving, wounds and scars in lives of children,
154
Supra chapter 2 no.3
155
Ibid 20 In relation to this is the Community Development project. Lasting impact in vulnerable childrens
lives involves their families and the wider community. Typically, families living in slum areas experience
over-crowding poor sanitation drug and alcohol abuse sexual promiscuity child labour and abuse. In these
low-income areas, unemployment is rife and on average 6 people share a single one-roomed house, with at
least 10 families using 1 toilet and make-shift bathroom, and eating 3 meals a day is thought to be a luxury.
Oasis Uganda desires to address some of the issues in these communities through the Bambejja Family
Support and Resettlement Project situated in Kampala and the Beersheba Project in Mbale. These projects
work with the local authorities and volunteers from the community to carry out the following activities:
Training in aspects of life skills, parenting skills, health and hygiene, food and nutrition, family counseling,
HIV/AIDS awareness, care for people living with HIV/AIDS and child protection. Economic empowerment
support in terms of setting up income generating activities to boost their incomes in order to become self
sufficient.
families and the communities. Major consequences include orphan crisis, childheaded homes and broken families. Oasis Uganda, through the Bambejja Family
Support and Resettlement Project, Beersheba Project, Bambejja Child Support
Project, Net2Work Uganda and Bambejja Skills Training Project has become
actively involved through: Counseling158,Advocacy: Oasis Uganda seeks to stand
out as a voice for the vulnerable, marginalized and exploited people in Uganda,
through: Carrying out sensitization and awareness campaigns, Equipping families,
especially women, with knowledge on the importance of writing wills to protect
their property and children, Emphasizing child rights and protection within the
organization and around the communities through training schools, clients and
local people about the importance of child protection159.
156
ibid
157
www.pdhre.org/rights/health.html
158
In addition to HIV/AIDS prevention and care, Oasis Uganda provides training in basic safe health practices
like good hygiene, nutrition and how to avoid common illnesses such as malaria. Basic sexual health is also
taught to decrease the numbers of people contracting sexually transmitted infections other than HIV. Through
this, we are helping people to avoid sicknesses which drain them economically as well as physically, and thus
promoting a better quality of life for vulnerable groups.www.oasisuganda.org
159
Resource Development: In order to increase our impact across Uganda, Oasis Uganda has developed
resources and materials that can be adopted and used by other organizations that are working with children and
young people. They have developed the Oasis English Literacy Catch-Up Programme and the Oasis
Numeracy Catch-Up Programme to help projects working with children who have missed out on education.
The manuals help project staff to use interactive methods and small group work to accelerate learning. Step
by Step is a resource developed to help projects monitor the progress children are making - educationally,
physically, emotionally, socially and spiritually.
within two school districts know their rights and whether those rights are observed
within the community. The survey results revealed a high number of young rape
survivors. Girls also reported that they prostituted themselves to help support their
families. Results also showed a high drop out rate among girls forced into early
marriage or caring for relatives infected with HIV/AIDS.
Regular meetings with school officials and human rights officers coupled with
hands-on workshops for teachers and students raise awareness about these
challenges. Leveraging support from the Vital Voices Leadership and Advocacy
Fund, FAWE-U developed and printed a pocket guide for human and reproductive
rights, which was distributed to 100 people in an effort to educate the community
about positive change.
Teachers involved in FAWE-Us activities report an improvement in the
performance of girls and young women in school. Police involvement in the area
has increased so young women and girls benefit from enhanced safety precautions
and enforcement.
THE Forum for African Women Educationalists (FAWE) has 70 scholarships for
vulnerable children from selected districts in the east and northern parts of the
country. The beneficiaries should hail from Acholi and Lango regions or Bugiri,
Kapchorwa, Bukedea, Bukwo and Manafwa districts. They must have completed
Senior One, but are financially constrained to join Senior Two in 2010, according
to the FAWE Uganda programme officer Christine Karungi.
Karungi says 49 scholarships shall be for girls, while 21 are for boys160.
"We have, over the years, given scholarships to over 4,000 beneficiaries," Karungi
says."Originally, we supported only girls, but we brought boys on board last year
after realizing that some of them were also needy and vulnerable," she adds.
Karungi says the above beneficiary regions and districts were chosen based on
FAWE statistics which showed that they were not only underdeveloped, but also
had no affirmative action yet their educational levels were low161.
Schoolgirls in Uganda face daunting circumstances - poverty, high HIV/AIDS
infection rates, inadequate school facilities and the absence of resources and
160
New VisionUganda,29th December 2009, seventy FAWE schools up for grabs
allafrica.com
161
ibid
entry point. It was started to create an opportunity for students and graduates to
practically respond to social challenges in the Mulago area where the office
premises are located163.FOCUS supports 150 children from the Mulago-Kalerwe
slum community in Kampala, Uganda.
In 2001, a small nursery school was set up in a garage to provide education to such
children in the community. This school was named Nansana Community Primary
School. Supplies such as school uniforms, books, pencils and pens, as well as
school fees were paid for by community volunteers. As time went on, more and
163
www.focuschildproject.com.
164
also known as Mentor Volunteers Uganda
165
www.ccalf.org
In 2004, the CCALP program expanded to Sirimula Village in the Kiboga district where approximately 200 of
the 600 children are currently educated as well as provided with a home and their basic needs. The remaining
400+ children in the CCALP program attend the Nansana Community Primary School. In Nansana,
approximately 60 of these children live at the Center where they receive food, a home, education and
emotional support from their 'extended family'. The remaining 340+ students who come to the Center and
attend school each day either live with one or both parents in the community, or have been placed with
guardians in the surrounding environs through the efforts of CCALP.
167
The CCALP (MVU) strategic plan for 2006 and 2007 was financially supported by Samaritan Purses
volunteers from Canada and USA, and this enabled CCALP to: Construct seven classes for the CCALP
Provide school feeding for 360 orphans and vulnerable children at the CCALP Provide uniform to 240
orphans and vulnerable children buy enough desks, texts books and other learning materials needed by the
Center. Buy 6000 litres water tank and filter Pay for the teachers salaries Build some three roomed houses
through Secondary School. --To provide vocational life skills and training to any of
our orphans and vulnerable children who, for whatever reason, are unable to attend
the university169.
WATOTO CHILDREN
Watoto is an holistic care programme that was initiated as a response to the
overwhelming number of orphaned children and vulnerable women in Uganda,
whose lives have been ravaged by war and disease.
Founded by Gary and Marilyn Skinner, Watoto was birthed through Watoto Church
(formerly KPC), a thriving local church in Kampala, Uganda.Watoto childrens
homes are constructed in the form of small, vibrant communities we refer to as
villages.
The village setting is representative of a familiar traditional dwelling for many
ethnic groups in Africa. The houses are positioned in clusters with all the essentials
of any basic home in a developed country. Each village contains a nursery school,
a kindergarten, primary school, high school, vocational training centre, water
168
Currently, the government of Uganda has adopted a program called Universal Primary Education (UPE). UPE
provides for 3 children per family to attend primary education, up to Grade Seven. However the average
family size has at least 7 or more children. Also, many families take in extra children who have been orphaned
or displaced CCALP Uganda supports primary education for children in Wakiso, Kiboga and Mukono
districts, who are in need of financial help to attend school such as uniforms and supplies.
169
To supplement the achievement of education are other goals,: Food--To ensure that all children who live at the
center will have 3 healthy nutritious meals per day.-To ensure that the students that do not live at the center are
provided with 1 healthy nutritious meal per day. Housing --To provide a conducive home to as many orphans
and vulnerable children as we can, either at our Center, or through placement with adult guardians in the
community. Healthy Physical Environment--To create and maintain a clean and healthy physical environment
to enable our children to learn, play, grow physically fit, and relax. Clothing--To ensure that all the children
that we care for are provided with adequate clothing. Health Care and Medication--To make sure that all
children that we take care of are provided with adequate health care, proper hygiene, and medication if
necessary. --To secure and provide both adequate health care and psycho-social support for our children who
are living with HIV/AIDS, as well has help to prevent the spread of HIV/AIDS. Spiritual--To encourage our
children to live spiritual, god-centered lives, in order to discover and achieve God's kingdom and become
celestial heirs. Moral Development --To instill strong social morals and appropriate behaviors in the orphans
and vulnerable children with whom we work. Self-Reliance--To provide life skills to our children so that they
will become self-reliant adults. Children's Rights--To advocate for children's rights and encourage the World
Community to participate in these efforts in Central Uganda. www.crlcp.org
project, medical clinic and a multi-purpose hall for use as a church and community
centre. The villages provide safe and open outdoor spaces with beautiful vegetation
and plenty of space to live and play170.
WORLD VISION UGANDA
World Vision Uganda171 is part of the World Vision global partnership and
therefore functions in partnership with World Vision offices across the world.
World Vision in the UK works alongside the office in Uganda and funds four of its
long-term programmes as well as relief projects in the north. World Vision started
working in Uganda in 1986 in response to the Ugandan Bush War, which
dominated Uganda between 1981 and 1986 as the National Resistance Army
(NRA) waged war against the government.The organisation launched a relief effort
to assist people in central Uganda resettle and rebuild their infrastructure. A year
later World Vision started working long-term with two development projects.It
moved to Gulu in 1988 with relief for Internally Displaced Persons (IDPs) at the
start of the current conflict in northern Uganda. It continues to work for peace and
reconciliation in the region.Today, World Vision has 36 long-term development
programmes and 30 grant-funded projects in 18 of Ugandas 56 districts.All
projects are multi-sectoral. Through the sponsorship of some 80,000 children,
World Vision Uganda is able to provide education support and developmental
activities. These include construction and equipping of schools and health centres,
training of health workers and farmers, provision of improved crop varieties and
animal breeds and of clean and safe water. Advocacy in all of these areas is a key
part of its work172..
World Vision works to make a serious and sustainable impact on poverty and its
causes, especially as they affect children. While conducting an interview with the
monitoring and evaluation specialist, Mr Walter Ochanda, he emphasised that,
170
www.watotchildren.org A Watoto family consists of a housemother who cares for 8 children (starting at 2
years old and above). Infants between the age of 0 to 2 are cared for at Baby Watoto.In one house, there are
three bedrooms, one for the mother and two for the children. The house incorporates a communal area with a
dining and lounge space. The dining area is an important tool in the creation of a family environment. Watoto
homes are also designed to have running water and a bathroom, which are rare in rural Africa.In conjunction
with the ministry's home church, Watoto runs a programme called Fathers Heart. Respectable men from the
church regularly visit the children in their villages and provide the father figure and male role models needed
to complete the family structure.
171
Supra 13World Vision, a Christian-founded global NGO helps needy children attain
education through sponsorships. The money is paid directly to the schools with which
they collaborate.
172
www.worldvisionuganda.org Grant funded programmes include rehabilitation of former abductees in
northern Uganda, emergency relief, HIV and AIDS projects, as well as projects for Orphans and Vulnerable
Children (OVC) and micro-enterprise development
173
www.savethechildrenugganda.org
174
ibid
176
CHANCE schools have small class sizes, use child-centered, participatory teaching methods and adapt their
flexible hours and calendars to the needs of each community. At the request of parents in these communities,
adult literacy circles were also created to empower youth and adults. Participants learn how to read and write
and to develop math skills through lessons that have relevance to their daily lives. In 2007, their education
services benefitted more than 9,800 people, including 7,400 children
177
Children in War - Monitoring and Reporting on Violations Interview with Geoffrey Oyat, Head of Child
Protection with Save the Children UgandaGeoffrey Oyat works with Save the Children in Uganda as the Head
of Child Protection. In other volunteer capacity, Geoffrey is the National Co-ordinator for the Coalition to Stop
the Use of Child Soldiers in Uganda. He is also a Research Associate with the Liu Institute for Global Studies University of British Colombia.
178
well, if there is a discovery that somebody underage has infiltrated the army or the
Local Defence Unit, we advocate for removal, immediate removal. What we are
doing right now is that we have stepped up that work a little further to make sure
that the UPDF Act, which is the law governing the army, criminalizes the act, so
that any government officer who does not take the necessary precautions against
recruiting a child either in the army, which is the UPDF, or in any of the local
militias, is brought to bookIn terms of prevention, in northern Uganda we are
dealing with two scenarios, abduction and recruitment. As far as abduction is
concerned, the prevention measure is better protectionbetter protection of the
communities where the children are living, better protection of the camps. In that
instance, you deal with it. And of course, we know of the International Criminal
Court processes, where the leadership of the LRA are now indicted. We are happy
that one of the charges against this group is recruitment. We think that it will send
the right message, that there is no safe haven for those who recruit and use
children.On improving the livelihood situation of children living under these
situations of dire poverty, so that they do not look at the army as an avenue of
recruitment,179 we of course also argue for birth and death registration. The first
part of the recruitment issue for the Government of Uganda is that we do not have
an efficient system of birth registration, and that makes it possible for an underage
child to slip into the armybecause there is no verifiable evidence of age. The
Government of Uganda must ensure that, beginning with areas of high risk, all
children have proper birth registration certificates We need to look beyond
legislation, saying you cant recruit a child. We have to look at how do we
promote alternative means of earning a living for these children. As a person
working on stopping the use of child soldiers, I feel defeated when I talk to some
of the children who are in the army, and we are in the process of removing them,
and they look at you as if you are doing a disservice to them, by making them stay
in school180.
.
FEED THE CHILDREN UGANDA (FCTU)
Feed The Children Uganda is a Ugandan locally registered Christian NonGovernmental Organization (NGO), non-profit, non-political, and registered with
the national NGO board. FTCU started work in Uganda in 1991 as an international
the annual reports of the Secretary General for Children in Armed Conflict, show that there are two other
parties named as recruiting and using children: the Ugandan army, which is the Ugandan Peoples Defence
Forces, the UPDF, and the Local Defence Units, the LDUs.
179
This is regarding the recruitment with the government and associated groups, after 20 years of conflict the
economy is shattered, livelihoods are shattered.there are a number of push-and-pull factors where underage
children look at a career, or some form of work in the army, as the only option. This, therefore, goes to actors
and funders in this situation.
There is need to look critically at promoting ways and means in which these communities, even after 10 or so
years of conflict, still have possibilities for young people to go to school, for example, education can be a
protection issue. The longer a child stays in school, the less the chances that they will think about going into
the army. In Uganda, a child is 12, 13 or 14 years old in primary school, and then they don't have an
opportunity to go to secondary school because they don't have the money. If you keep this adolescent in
school, that would be another six years. Now, if you add 14 plus 6, youre at 20you don't have a child
soldier problem, because they will be coming out of secondary school at the age of 20, or 18 for those who
start early. So funding such measures, for a country like Canadato make sure that the child stays longer in
school, to make sure that, in the case of the LRA, there are better protection measures in the internally
displaced person campswould go a long way to help. Children in War - Monitoring and Reporting on
Violations
181
By 1994, there was a change in the development needs of the beneficiaries who FTCU worked with. In this
regard a new approach and strategy which involved an integrated community based child care program was
initiated with support from the Canadian Feed The Children. Around the same time a Community Banking
Programme was started jointly by FTCU and their partners at community level with the support of Canadian
Feed The Children. By the beginning of 2003,FTCU had 2 big semi autonomous divisions, the Community
Banking division and the Child Care and Community development division.www.ftcu.org
Education is a life-long process that begins at birth and takes place in the family
and community as much as in school. It is about helping children to acquire
knowledge, skills and attitudes that will be useful throughout their lives. Education
is a key factor in unlocking children's potential and brining about development in
societies generally. In Uganda despite government policy on Universal Primary
and secondary Education, thousands of children are still missing out on even the
most basic education186.
Feed The Children Uganda Ltd works to ensure that the disadvantaged children get
access to relevant good quality education by contributing to the basic requirements
182
This was in order to strengthen the local governance structure and allow a number of important decisions
concerning the program be effected. This included spinning off the Community Banking Programme, which
had become too big to be handled together with other NGO business. There was an urgent need to broaden the
funding base in response to changing growth and development needs of the organization. In 2004 FTCU Ltd
got the green light from Feed The Children International (FTCI) to start the process of registering as a Local
Non-Government Organization with a Board of Directors, which had Ugandans as the majority. This process
was completed in 2005, a new board was put into place with the support and backing of Feed The children
International. One of the first tasks to be accomplished by the new board was to spin off the community
Baking program and it became an autonomous Limited liability company, known as PEARL Micro finance
Company Limited. This was accomplished in September 2006.The former Child care and Community
Development Department is now Feed The Children Uganda Limited.www.fctu.org
183
Community health, malaria control, Water and sanitation, Food security, support to Mulago hospital Pediatric
HIV/AIDS clinic, Vocational Skills training to former street children and orphans, support to economic
livelihood targeting the most vulnerable women and youth, Nutrition education. In the recent past, FTCU was
involved in implementation of programmes that include: Emergency Response in the Northern and North
Eastern region of Uganda, Fight against HIV/AIDS in partnership with Global fund to fight Malaria,
Tuberculosis and HIV/AIDS and 10 other smaller CBOs and Ngos. FTCU also implemented a project in
partnership with UNCHR, whose main objective was to integrate HIV/AIDS and nutrition activities among
refugee populations in Western Uganda. Since its inception to date, FTCU has had several major funding
partners including: Canadian Feed the Children, Feed the Children International (USA) Feed the Children UK,
UNICEF, WFP, UNHCR, Government of Uganda under the ministry of Health, Ministry of Gender, Labor and
Social development, Office of the Prime Minister and Kindernothlife (KNH)-Germany. In all its work, FTCU
values and promotes partnership development, community partnership, capacity building, empowerment and
networking as the key approach in service delivery. FTCU also values information sharing and learning as
being key to scaling up program impact. Currently FTCU is working in partnership with; all local governments
in its areas of work, Mulago Hospital Pediatric HIV/AIDS clinic, Straight Talk Foundation, Malaria
Consortium, Uganda Network of AIDS Service Organizations (UNASO), the National NGO Forum, Uganda
Child Rights National Network (UCRNN) and Inter Agency Technical Committee of the National Policy on
IDPs-under the Office of the Prime Minister (OPM) and UN-WFP.
184
It is a WFP supported Protracted Relief and Recovery Operation Project (PRRO) 10121.1.
needed by the child to attend school and by helping communities run schools and
developing educational opportunities for the very poor and vulnerable children.
FTCU provides basic school requirements that children need to get relevant good
quality education. However in order to ensure sustainability, the families where
these children have been identified are also supported through other programs that
include; Food Security and the Family income improvement projects.
Poverty prevents many children from accessing quality education. However,
through this intervention FTCU has managed to enable many of the disadvantaged
children especially the children from poor families, orphans, disabled children,
child workers, and child headed families with particular emphasis to the girl child.
FTCU is trying to make sure that these disadvantaged children also get access to
good quality education.
THE AFRICAN NETWORK FOR THE PREVENTION AND
PROTECTION AGAINST CHILD ABUSE AND NEGLECT (ANCPANN
UGANDA)
The African Network for the Prevention and Protection against Child Abuse 187 and
Neglect (ANPPCAN) is a pan African network that promotes child rights and child
protection in Africa.
185
Currently the project is supporting over 10,083 children (5090 boys and 4953 girls) in 58 institutions. The
participating institutions also receive assortments of training kits for the different trades in which they train
their beneficiaries. These include Electrical machines, welders, knitting machines, sewing machines,
saucepans, energy saving stoves, kitchen utensils www.ftcu.org
186
2005 Unicef Report Situation of Women And Children in Uganda
187
Jyotsana Tiwan, also points out how important and vital protection of childrens rights is, and this is based
on the fact that, children are valuable and vulnerable resource, and points out that Child abuse is a huge issue
for the community and as big an issue as that of protecting our environment. She goes ahead to define Child
abuse as the misuse of power by adults over children that endangers or impairs a childs physical or emotional
health and development. The question on the role of the government in promoting and protecting the rights of
children is therefore key is per this aspect. Jyotsana Tiwan (ed) Child Abuse and Human Rights Isha Books
Its mission is to enhance, in partnership with others, the prevention and protection
of children from all forms of maltreatment, thus, ensuring that the rights of
children are realized.
The African Network for the Prevention and Protection against Child Abuse and
Neglect (ANPPCAN) Uganda Chapter is a national membership non-governmental
organization committed to the prevention and protection against child abuse and
neglect. It was established in 1992 and is part of a continental pan-African
movement committed to the protection of the rights of children in Africa 188.
Mission: ANPPCAN Uganda Chapter is committed to the prevention against child
abuse and neglect through research, advocacy, service delivery and networking
with other agencies working with children and communities for sustained impact.
The organization undertakes activities under five programme areas namely:
1. Research and information189
Under this programme area, the organization strives to undertake appropriate
research on issues pertaining to child abuse and neglect as well as the rights of
children so as to achieve the following.
i)
Obtain up to date information on issues and trends of child abuse and neglect.
ii)
iii)
i)
ii)
iii)
iv)
v)
188
www.anppcanug.org
189
Case Handbook of ANPPCANN Uganda 2008
2. Service Delivery190
Activities under this component are aimed at ensuring the provision of support
services to abused children and include the following:
i)
Referral to and follow-up with the police to ensure that cases are handled
properly
ii)
iii)
iv)
3. Advocacy
The activities in this programme area are geared towards achieving the following
objectives191:
i)
ii)
iii)
iv)
Advocacy activities
The Child Abuse awareness week
This is an annual event observed as a precursor to the Day of the African Child. It
involves a series of activities based on a theme, which include Newspaper
190
ibid
191
Casework handbook by ANPPCAN Uganda 2008 pp 16-24
supplements, launching and disseminating the status report on child abuse and
neglect, press conferences and a public dialogue.
Media programs
ANPPCAN works together with the media in advocacy for child rights protection.
In this regard, the organization sponsors media programmes on radio and
television.
Sensitization and training of media practitioners
To improve the quality of media coverage of child rights issues, ANPPCAN
facilitates training of media practitioners.
The Child Link Magazine
This is a magazine written by adults, focusing on contemporary child rights issues,
and is mailed to government agencies, civil society child rights actors and
ANPPCAN members. Four issues of this magazine are produced every year.
Mainstreaming child rights issues in the curriculum at Makerere University
ANPPCAN realizes that people practice what they learn. Therefore to build the
capacity of practitioners in child rights protection, the chapter is participating in
the integration of child rights issues in the curriculum of the Social Work
Department of Makerere University. This course is scheduled to start this year,
initially at certificate level, and is to be eventually included in the degree
programme.
Participation in the development of the NGO alternative report
192
A.S. Neilmarks another agenda for children and recognizes the rights of children to be actors and givers rather
than just passive receivers. He goes on to point out the history of self determination being that, children have
led armies and kingdoms, gone independently on crusades and taken political actions like the boy who
presented to the English Parliament in 1669 a Modest Remonstrance of the intolerable grievance our youth lie
under in the accustomed severities of school discipline in this nationHoyles M. (ed) Changing Childhood:
London Writers and Readers Publishing Cooperative (1976).
determination which, Archard (1993) puts into consideration, that though the issue of protection of children
rights is very vital, self determination is a key aspect in realization of these rights, though, controversy has
raged between those labeled the child savers emphasizing the childs need for nurture and protection calling
for society to provide services to the child and kiddy libbers advocating self determination for children over
various aspects of their lives. D. Archard, Children : Rights and Childhood (London 1993) 45-47
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
Networking
Under this program area, ANPPCAN seeks to establish and collaborate with
various actors at different levels to increase the impact of the organizations
activities. The specific objectives of this intervention include the following:
i)
ii)
iii)
Organizational development
ANPPCAN realizes that the problem of child abuse is rampant, widespread and
takes diverse forms particularly at community level. Under this component, the
organization endeavours to develop an increased and active national membership
so as to decentralize child protection effort to the community level as well as to
provide a basis for the establishment of viable district groups. The organization
also undertakes activities geared at the development of an effective organizational
and management structure for sustainable program management194.
193
Presently, ANPPCAN Uganda chapter is a member of the following network organizations.The
Human Rights network (HURINET).
The Uganda Child Rights NGO Network (UCRNN).
The coalition against child soldiers.
End Child Prostitution And Trafficking (ECPAT)
The international Society for the Prevention against Child Abuse and Neglect.
www.anppcanuganda.org
ii)
iii)
iv)
v)
194
www.actionaid.org.uk
CHAPTER 4
This is worsened by the high levels of poverty in Uganda197. Poverty is the human
condition characterized by sustained or chronic deprivation of the resources,
capabilities, choices, security and power necessary for the enjoyment of an
adequate standard of living and other civil cultural, economic , political and social
rights. 198 Ministry Of Health (2004) argued that due to poverty children die from
195
197
Development report UNDP 1997, Uganda has been ranked 156th out of 175 countries listed among the poorest
developing countries The free market system of economic operations which has caught up with Uganda from
the international levels is only there to enrich the few people in the country . it renders poor more powerless to
protect their young ones .1.6 billion people live on income at or below the level of what the world bank terms
as absolute poverty yet the number is rising. Mortality rate in developing countries is high where poverty is in
every household. Children die of preventable diseases because of poverty rather than absolute inanition. State
of the Worlds children report UNICEF 1998,38% of the population lives below the poverty line with
the child population over the next decade is straining of resource and service in
resource allocation to the social sectors just to maintain the existing levels of
services. There has also been increase in the number of orphans, estimated at
1.8million children.199 The National Housing Population census of 2002 shows
that 13.7 million children (13%) had lost one or both parents, 3% had lost both,
5% their mother and 11% their father, paternal orphan hood was more common
than maternal orphan hood across all regions and ages200.. there were however
more orphans amongst the 15-17 years old age group (27%) making them likely to
become child heads of households201
significantly higher figures for the northern region 63% western region 46%- Ministry of Finance Planning
and Economic Development, (MOFPED) 2003, poverty eradication action plan 2004/05 2007/08.p13
198
World Health Organization annual report 2005 .UNICEF, State of the Worlds Children 2005 Childhood
Under Threat p.18 proposes following a working definition of child poverty: children living in poverty
experience definition of the material spiritual and emotional resources needed to survive, develop and thrive
,leaving them unable to enjoy they rights achieve their full potential or participate as full equal members of
society. Poverty is a multifaced phenomenon with dimension including; low levels of access to public services
and infrastructure, illiteracy, poor health un sanitary environmental surroundings, insecurity, violence,
mutually reinforcing trapping the poor in a viscous circle. This has detrimental effects on children. The
realization of a childs rights is to a great extent determined by the capacity of all duty bears to meet their
obligations to the child. By crippling the ability of parents as primary duty bears for children poverty exposes a
child to multiple vulnerabilities. Child poverty is a complex phenomenon of severe deprivation that multiplies
the vulnerabilities of a child. Children who are not well nourished, frequently ill, have inadequate access to
descent living environment or lack protection from violence will perform poorly in school and are more
likely to drop out or attain low levels of living achievement. In 2002 a study that largely involved children , a
range of problems on the consequences of poverty were mentioned; psychological and emotional problems,
lack of food and adequate nutrition, being forced to work ; gathering into crime. Given the multidimensional
nature of children poverty, the children who tend to be most adversely affected by poverty and hence most
vulnerable include; orphans, children with disabilities street children, working children; children affected by
conflicts; child headed house holds; and children in single parent-headed house holds. Poverty in childhood is
a root of poverty in adulthood. As the first few years of the life are crucial to the physical intellectual and
emotional development of every individual. Poverty in early childhood can prove to be a life long handicap
since, some improvised children grow up to be impoverished parents who in turn bring up their children in
poverty. In order to measure child poverty in Uganda a working definition and measurement process was
established for an empirical study commissioned by UNICEF and carried out in 2003 by the university of
Bristol and the London school of economics, Gordon et al 2003 Child Poverty in the Developing World.
The Policy Press Bristol UKS It was discovered that along a majority of the indicators , the children in
Northern Uganda are the most deprived, as a result of the prolonged conflict and insecurity. Study showed t
child severely deprived of education, as one who has never attached school which is a serious deprivation of
childrens rights majority in the Northern region.
199
Ibid 2
Given the current population growth rates, NGOs may fail in their attempt to assist
the government to meet the target of achieving education. Also promotion and
protection of the right to education has become extremely difficult because of the
high population which does not tally the resources to enhance the same.
Gender Discrimination
In Uganda gender discrimination is a source of disempowerment impacting on
females from childhood through. Gender basis is a factor that plays a role in drop
out rates from school by children, sexual abuse, early pregnancy early marriages
and higher HIV prevalence rates. Female advancement is constrained by poverty
illiteracy and the weight of traditional discriminatory attitudes about the status,
rights and responsibilities and achieve minimal leaving achievement which effects
their confidence and self esteem; for their knowledge attitudes and practices about
a wide range of health nutrition , environmental and other matters both for
themselves and for their children202.
In regard to distribution of labour and womens work load , as result of their heavy
work load, this results in their relegation of some of the work to the girl child.
Such lead to absenteeism from school and lack of time for private study resulting
in poor performance repetition and school dropout. Children all over the world are
hard at work -- in fields and sweatshop factories, in mines, brick kilns or brothels,
and especially in private homes. They often work in dangerous and unhealthy
environments and are deprived of rights promised them in the CRC203 education
inclusive. They grow up illiterate, unskilled and prone to crime. Many are sold or
forced into labour by their parents or families204.
200
Uganda Bureau of Statistics 2005 p.19
201
Supra p.66
202
Unicef State Of The Worlds Children, 2005
203
CRC Article 28
204
More recently, police in Gulu, in war-torn Northern Uganda, arrested and detained
Peter Kets, a Belgian tourist for taking and being in possession of pictures of
nude little girls from the area whom he lured to his hotel room. In his defense, he
claimed he did not know he was committing any crime because the girls in the
photographs were his girlfriends! 205. There causes primary structural can not be
changed in the trundle of an eye.
The HIV/AIDS impact.
The pandemic is prevalent hence a major contributing factor to childrens
vulnerability . An estimated half of Ugandas 1.8 million orphans have lost one or
both parents to HIV making them get ascribed within the extended family system ,
however many of these caregivers are overburdened and this has led to street
children and high school dropouts. It is estimated that a large number of children
and youth have been affected by the pandemic 206.Once infected, HIV infected
children face stigmatization, discrimination and abandonment and loss of
inheritance rights when fathers die. Although awareness of modes of transmission
of HIV/AIDS is almost universal today in Uganda , the dissemination abuse and
violence against people living with HIV/AIDS as well as against the families,
children are thus exposed to the damaging psychological effects of
stigmatization as well as discrimination
The biggest challenge faced by UWESO, however, is the ever-growing number of
children orphaned by AIDS. HIV/AIDS poses an enormous danger to the
achievement of the worlds goals for education in the coming decade. In the worstaffected areas, the demand for education is on the wane because families and
communities are increasingly poor, dispirited and devastated. For the children of
such families who are still in school, discrimination 207 and fear affect learning and
socialization. On the supply side, scarce funds are being diverted from education to
Blackden cm 2004 Out of Control: Gender and Poverty in Uganda, World Bank also points out that
discrimination is majorly in the education, domestic work, early marriages .The existence of certain harmful
practices result in other forms of abuse like of children marriage, is still spread resulting in the betrothal of
young girls , many in their early teens without their consent often to much older men because they are
financially. Also sexual exploitation is evident especially where teenage girls are economically dependent
often relying on much older men and have weak bargaining power in negotiating sexual relation.
205
Sex Tourism Must Be fought Samuel Olara Okello
206
Survey data on HIV prevalence among the young aged 0-4 years indicates a HIV prevalence rate of 0.7% for
both girls and boys . It is estimated that 100.000 children under the age of 15 in Uganda are living with
HIV/AIDS, MOH 2003 National Antiretroviral Treatment and Care Guideline for Adults and Children
caring for AIDS patients, and the number of qualified teachers is dwindling. Yet
education is an essential need both for combating HIV/AIDS and responding to the
needs of children, families and communities affected by the disease. Education for
All (EFA) will never be achieved if gender discrimination is not addressed. The
largest single group of children denied a basic education is girls. This
discrimination goes beyond the numbers visible in enrolment figures it is
reflected in inequalities throughout education systems and in society as a whole 208.
In Acholi, HIV/AIDS prevalence is at least 11% so many more children are lacking
parents to support them in school. A recent report calculates that there are around
1,000 excess deaths per week in Northern Uganda, with the most common causes
being malaria/fever, AIDS and violence209.
208
www.uweso.org
209
World Vision released a report
210
Graa Machel, during her tenure as Expert of the UN Secretary-General on the Impact of Armed Conflict on
Children
As a result of the civil war whole communities are forced to move every night into
safety to avoid danger, this is particularly throughout Acholi. This disrupts all
aspects of children's lives but particularly their education and health. Primary
education is not free in this area, and the possibility of any secondary schooling is
often unattainable for most211. due to the on going conflict and insecurity many
children do not receive the protection they need to prevent their right from being
violated especially in conflict affected districts212.
Violence has been seen in the existence of child soldiers , abduction of children in
Aboke northern Uganda by rebels, about 10000 children have been abducted by
LRA rebels , landmines are disguised as toys and planted near schools and
playgrounds and other playgrounds and other places where children can easily pick
them. Effect of wars has led to poverty malnutrition hence vulnerability of children
211
Heath and Mortality Survey amongst IDPs, WHO, July 2005
212
A study by UNICEF IN 2005 Showed that, Close to a third of Uganda living either in district currently
affected by conflict 4 million people or in districts affected by conflict within the past 10 years 3.5 million.
This includes some children. Areas affected by conflict include Lango district, Lira and Apac and Teso
district, Soroti Kaberamaido Katakwi and Kumi which areas are affected by conflict between the Lords
Resistance Army LRA, and the Uganda Peoples Defense Forces(UPDF) which, originated in the mid 1980s
following the NRM assumption to power and worsened dramatically in 2003. These populations are also
affected by conflicts over cattle land and other resources which have continued for many decades. In northern
Uganda, thousands of boys and girls have been abducted by the Lord's Resistance Army (LRA), and forced to
fight the Ugandan army. The children are subjected to a violent regime. Those caught trying to escape are
killed or tortured, and both boys and girls are brutalized by being made to kill other children. Abducted
children are owned by LRA commanders, with girls allocated to commanders in forced marriages and
effectively held as sexual slaves. All children are sent to fight. LRA commanders force children to take part in
the ritualized killing of others soon after they are seized, apparently to break down resistance, destroy taboos
about killing, implicate children in criminal acts and generally to terrorize them The 19 year conflict has been
responsible for grave and repeated children rights violations committed in resident population. Even after
1995 displaced and other children remain vulnerable and at risk of long list of threats including abduction
continued fear of violence from arms carries; a major cause of the phenomenon. The S.W and N.W Rwenzori
and West Nile regions are conflict districts that have suffered rebel insurgencies in the 1990s, 250.000 refuges
from conflicts in neighboring Sudan and the DRC, night commuting ,the process of reintegration of formerly
abducted children, loss of one or both parents recruitment of children into the ranks of the UPDF, local
defense units or other militias and gender based violence also remain unfulfilled. Service provision is
hampered by insecurity and by a lack of quality, infrastructure equipment supplies and supervisors . These
factors create a web of vulnerability, leading to viscous circle where children are forced to adopt negative
coping strategies and place them further at risk. The capacity of duty bears at all levels needs strengthening to
effectively respond to the humanitarian needs caused by conflict leading to vulnerability of children.
suffered death leading to trauma some have been forced to move to the street of
urban centres to survive213.
Conflict has led not only to increase vulnerability but quite often to direct and
repeated violence, abuse exploitation and or neglect. Additional vulnerability is
experienced by children and women who have been victims of sexual violence or
who are affected by HIVAIDS, by children orphaned due to war or to AIDS, those
abducted ,whether still held or attempting to reintegrate within the communities
by those born in captivity and by those separated from their families or left caring
for parents or for younger children. The issues linked to the conflict include a cute
poverty, persistent insecurity, displacement, moral decay and socio-economic
factors that force girls into early marriages and / into transactional sex for
survival.214
Effect of negative propaganda
Negative propaganda on NGOs capitalizing on their weaknesses makes the public
to perceive them in a negative perspective. A recently published article by Gerald
Bareeba wholly criticizes NGOs, he strongly points out that215,
While often recognizing these contradictions and difficulties, agencies operational
on the ground argue that they do make a difference through the provision of
services, such as water or health care hence complementing on the work of the
government in fighting poverty. which i think is true though it is still difficult to
evaluate whether aid projects have an overall impacts on poverty statistics With the
increased emphasis on promoting processes of social change, development projects
which build water-wells and NGOs involved in aid projects are private, voluntary,
non-profit organizations with altruistic and philanthropic motives. Often they are
perceived to be in a better position to reach the poor than governments or large
financial institutions and are seen as having a more "human face" but in truth this
"human face" is just theoretical
213
ibid
214
1959 UN Declaration on the Rights of the Child
215
Supra 1
This is not entirely true because there exists NGOs which have the aim to better
the lives of the underprivileged216.
217
Elisabeth E. Scheper The Challenges for Local NGOs in the Globalizing Civil Society; Key note speech at the
Rise of Civil Society in East Asia conference; A joint Sophia University/UNDP initiative, April 2000,
Tokyo/Japan
218
In the past few years new restrictive NGO laws have been passed in Albania, Egypt, Pakistan, Uganda, and
Brazil. International Organisations also contribute to the debate on the desired space for NGOs
NGOs have severely criticized the World Bank for promoting excessive regulatory
control and intrusion in the Freedom of Association that can easily be misused by
governments to curtain civil society and question the WBs mandate to engage in
such a branch alien activity219.
As the civil society is still in its infancy stage, it is hard for marginalized groups
especially children to stand up and to request equal access or advocate for
protection, when losing their land or jobs, even if the national law would rule in
their favour. International Law Reform programmes, implemented by multi and
bilateral agencies, focused largely on drafting and modernizing laws, but not so
much on the law enforcement and awareness on the ground, as this was perceived
to be politically too sensitive220.
. NGOs are at the core of civil societies in many Asian countries, and there, where
they are not permitted to exist as such by law, like in China and Burma, their
functional equivalents are beginning to emerge.
Low demand for certain vocations
Because of low demand for certain vocations, some orphans have been forced to
move from their home communities to find employment in the trade in which they
have received training. Other drawbacks to the vocational training program are the
219
More recently, NGOs have taken up similar functions with respect to other international organizations. Like
the creation of the World Bank inspection panel in 1993. Or the ongoing uphill battle by the Women Caucus on
Violence against Women in War situations, that lobbies hard and seemingly successful to get eight severe
forms of systematic, wide spread, sexual harassment officially recognized as crimes against humanity for the
International Criminal Court .
220
Hence, in 1998, the Oxfam International engaged in a partnership with the Ministry of Justice to set up
autonomous provincial legal aid and awareness raising centres, which provide special attention to poor women
and ethnic minorities, being hardest hit by the political changes in society. It was a pilot project and not
without risk, but it worked out remarkably well and has meanwhile received the blessing of the Prime Minister
and has been extended to 55 provinces. In the international conference in Hanoi two weeks ago four bilateral
donors and the UNDP joined the programmes for the next phase.
poor sanitation. Its hard to believe that some NGOs especially in Northern Uganda
are exploiting internally displaced persons by soliciting funds from donors without
remitting to the community. No one can doubt that NGOs get alot of funding from
both the government and international donor agencies, but the most fundamental
question is the way this aid is implemented .Does it actually uplift the poor
conditions of people. Gerald still argues222 that while aid given through the
government can be mismanaged through corruption and embezzlement, it should
also be noted that aid given through NGOs makes little impact too because such
projects have proliferated and personal gains.
Conclusion
This chapter has shown that NGOs in the promotion and protection of the right to
education face certain challenges and problems. The next chapter draws
conclusions and suggests recommendations for the promotion and protection of the
right to education to be achieved.
CHAPTER 5
CONCLUSION AND RECOMMENDATIONS.
The prior chapters have discussed the role of NGOs in the promotion and
protection of the right to education in Uganda. the limitations of Ngos in
promoting and protecting the right to education have also been pointed out. This
chapter seeks to draw lessons and conclusions from the above analysis and make
appropriate recommendations to help all key stakeholders in this area.
With all the intellectual arguments surrounding the role of NGOs in developing
economies, the question as to whether we really need NGOs in fighting poverty in
Uganda, poised by Gerald Bareeba223 should be answered in the affirmative.
According to studies by UWESO224, NGOS are relevant because, They have the
ability to experiment freely with innovative approaches and, if necessary, to take
risks. They are flexible in adapting to local situations and responding to local needs
and therefore able to develop integrated projects, as well as sectoral projects. They
222
ibid
223
Supra 1
enjoy good rapport with people and can render micro-assistance to very poor
people as they can identify those who are most in need and tailor assistance to their
needs. They have the ability to communicate at all levels, from the neighbourhood
to the top levels of government. Considering the discussion in Chapter 3, ranging
from provision of social services, advocacy, Micro lending Shelter projects, child
support and care, youth skills development, child counseling, advocacy and
lobbying, their role in education is very relevant. They are able to recruit both
experts and highly motivated staff with fewer restrictions than the government but
which kind of NGOs do we need and how should they be regulated? 225Uganda is
often held as a model because poverty has slowed down directly or indirectly as a
result of development cooperation between NGOs and a reforming government, its
one of the country where improvement in livelihoods can be attributed to the work
of NGOs and aid funding226. Therefore it seems aid can work if well implemented
and incorporated into structural adjustment programmes and given a clear poverty
alleviation component. Therefore support can be given to Minister Ecweru that
NGOs wishing to operate in Uganda pass through a sieve and those seen incapable
be told to go away.
RECOMMENDATIONS
The need to increase the quality and accountability of NGO work NGOs should
partner
and now involve communities in evaluation exercises and are
experimenting with social self audits of their own organizations and establishing
an ombudsman to handle complaints , and universities could play a very
important, independent role here too in this respect, academic institutions can
contribute in four major ways227:
224
www.uweso.org
225
Supra 1
226
ibid
227
Ibid 61
228
A good example could be our collaboration with the Fudan University in Shanghai. The Fudan Law School
and Women Development Centre undertook on our request a comprehensive research into national provincial
and municipal labour laws protecting the rights of women. This resulted in the publication of a handbook,
which is currently used by the Labour Ministry and the Fudan law students, who now run a telephone
counseling line for demobilized (retrenched) women workers from state enterprises (as over 80% of the
retrenched staff is female).
229
A good example is the collaboration between the University of Chiang Mai (Thailand) and the ethnic minority
NGOs in the Golden Triangle, to study comparative customary and national law with the goal to find peaceful
solutions to land and environmental preservation conflicts.
230
Member of the Oxfam International East Asia Regional Managers Team.
232
Oxfam and its partners promote different strategies to this effect. E.g. the global campaign on the debt issue
advocates reducing debt payments by developing countries under the condition that these nations apply the
freed-up funds to step up their effort in education for all. Another global initiative is the Social Watch report,
an annual shadow analysis to the UN Human Development Report, in which Oxfam partners in 16 countries
monitor the performance of their governments and other actors in providing basic services and protection to
their citizens.
233
These rights mainly centre around the right to association and assembly which are provided under article 29 of
the Constitution. In addition article 38 provides that every Ugandan has the right to participate in the affairs of
government, individually or through his or her representatives in accordance with the law and that such person
also has the right to participate in peaceful activities to influence the policies of government through civic
organizations Paul K. Ssemwogerere and Anor (Zachary Olum) v. AG, Constitutional Petition No.3 of
2000 survived and was to have a dramatic impact on political rights in Uganda. the Supreme Court overruled
the decision of the Constitutional court on the 2000 Referendum, conceding that the referendum law was null
and void, but opining that as the referendum carried out under it gave the people of Uganda an opportunity to
choose a political system they wanted, declaring it null and void would have serious consequences.