Вы находитесь на странице: 1из 108

1.1 INTRODUCTION.

1.1.1 Defining NGOs


Professor Peter Willetts1, defines a Non Government Organisation (NGO), basing
on his notion that, there is no generally accepted definition of an NGO and the
term carries different connotations in different circumstances, hence, an NGO is
defined as an independent voluntary association of people acting together on a
continuous basis, for some common purpose, other than achieving government
office, making money or illegal activities. Many diverse types of bodies are now
described as being NGOs.
Uganda has an NGO Statute as part of its legal system, so it is natural for Ugandan
policy makers to think of NGOs as a well defined legal concept. Non
Governmental Organisations (NGOs), are primarily governed by the NGO
Registration Act of 1989.The Act defines an organization as a nongovernmental
organization established to provide voluntary services, including religious,
education, literary, scientific, social or charitable services, to the community or any
part of it2.
NGOs have also been defined as by J. Majona non-membership support
organizations involved in relief, rehabilitation, or community development work in
developed and, especially, developing or Third World countries3.

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

2 NGO Registration Act, section 1(d)

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)."

J Majona 6 contrasts sharply with Norman,

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,

8 NGO Registration Act 2(1)

9 Ibid 1

10 Income Tax Act, Section 2(bb)

In The Constitution of the Republic of Uganda 11Article 30 makes education for


Ugandan Children a human right, and in Article 34 children are entitled to basic
education by the state and the parents.
The right to education has been universally recognised since the Universal
Declaration of Human Rights in 1948, though referred to by the ILO already in the
1920s, and has since been enshrined in various international conventions, national
constitutions and development plans.
In some cases the right exists along with the assumption that the user should pay
for this right, undermining the very concept of a right. In others, the right exists in
theory but there is no capacity to implement this right in practice. Inevitably, a lack
of government support for the right to education hits the poorest hardest. Today,
the right to education is still denied to millions around the world12.
As well as being a right in itself, the right to education is also an enabling right.
Education creates the voice through which rights can be claimed and protected,
and without education people lack the capacity to to achieve valuable functionings
as part of the living. If people have access to education they can develop the
skills, capacity and confidence to secure other rights. Education gives people the
ability to access information detailing the range of rights that they hold, and
governments obligations. It supports people to develop the communication skills
to demand these rights, the confidence to speak in a variety of forums, and the
ability to negotiate with a wide range of government officials and power holders13.
As pointed earlier, the right to education has been recognized since the Universal
Declaration of Human Rights (UDHR) in 1948. Article 26 of the Declaration
proclaims that: Everyone has the right to education. Education shall be free, at
11 The 1995 Constitution of The Republic of Uganda.

12 Education Rights. A guide for practitioners and activists (Action Aid for the Global Campaign for
Education, 2007)

least in the elementary and fundamental stages. Elementary education shall be


compulsoryeducation shall be directed to the full development of human
personality and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among racial or
religious groups. The right to education has also been enshrined in a range of
international conventions, including the International Covenant on Economic,
Social And Cultural Rights (ICESCR, 1966), The Convention on the Elimination
Of All Forms Of Discrimination Against Women (CEDAW, 1979) and more
recently, The Convention On The Rights of The Child (CRC, 1989) Articles 28 and
29 express a child's right to education, free education and even compulsory
education. All these Conventions have been ratified by Uganda.
The CRC obliges States parties to ensure, without discrimination, access to quality
education for all children. Article 28 establishes the right to education on the basis
of equality; through compulsory and free primary education; available and
accessible secondary education; and higher education on the basis of capacity.
Articles 28 and 4 also encourage international cooperation in educational matters.
Article 29 outlines the aims of education: to develop each childs personality,
talents and mental and physical abilities to the fullest; to encourage children to
respect others, human rights and their own and other cultures and values; and to
help them learn to live peacefully, protect the environment and respect other
people. The four core principles of the CRC and several other articles further
broaden and strengthen the concept of the right to education.14

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.

Education is an inalienable, non-derogable right that is inextricably linked to other


fundamental human rights and must be guaranteed to all children both in and
outside of emergency situations. It is a powerful and empowering tool for the
development of children to their full potential as well as to improve the lives of
vulnerable and marginalized children, and is essential to promote the
empowerment of the girl-child. In emergencies, educations unique transformative
potential offers an excellent vehicle for improving security, healing, social service
provision, and reintegration following crises15.
It falls under the economic social and cultural group of rights, the Nature of
Economic Social and Cultural right are Drafted in a language that gives
considerable discretion to state authorities about the standards and timing of the
enforcements of the rights, exceptions being right to free and compulsory
education and principle of non discrimination. States must devote to them
maximum available resources achieved through progressive realization16.
While the right to education is universally recognised the way it is interpreted at
national level differs substantially. This means that although every human being
holds the same right regardless of any national law, the ways of securing this right
differ greatly from location to location. For example, in Uganda, the right to
education is legally enforceable through national legislation; it is envisaged in
Article 30 as well as Article 34 of the Constitution which specifically relates to
children. In other countries it will be important to look to international law and
standards.

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)

18 Archand D Boundaries of childhood: Children: Rights and Childhood (London 1993).

19 B. Franklin, The Rights of Children (Oxford 1986) 7-12

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

23 Ibid 4 Article 34.4

cover ECOSOC's relationship with two types of international organizations. Under


Article 70, "specialized agencies, established by intergovernmental agreement"
could "participate without a vote in its deliberations", while under Article 71 "nongovernmental organizations" could have "suitable arrangements for consultation".
Thus, "specialized agencies" and "NGOs" became technical UN jargon. Unlike
much UN jargon, the term, NGO, passed into popular usage, particularly from the
early 1970s onwards24
In Uganda, the growth of the NGOs sector goes back to the 1970.s and 1980.s,
when many NGOs came in to fill the gap left by the collapse of government. The
movement was first initiated by faith-based organizations, principally large
established churches. This movement was subsequently reinforced by international
NGOs, before being relayed by governmental donors and, more recently, by the
Ugandan government itself. The Ugandan government is now considering relying
more heavily on the NGO sector for a variety of welfare and development
objectives. In particular, it is considering subcontracting the delivery of certain
services to NGOs which would receive public funding to accomplish their task25.
For the government to effectively enter in partnership with NGOs, it must ensure
that public interest will indeed be better served by funding NGOs instead of
relying on line ministries. At this moment, little is known about the NGO sector in
Uganda so that it is unclear whether the sector can effectively be relied on to
further social welfare. There is indeed a suspicion among policy circles that not all
Ugandan NGOs genuinely take public interest to heart. There is, of course, the
ominous example of the Movement for the Restoration of the Ten Commandments
24 Ibid 1

25 Non Governmental Organisations in Uganda; A report to the government of Uganda December


2003Abigail Barr, Marcel Fafchamps, and Trudy Owens, Centre for the Study of African Economies,
Department of Economics, Oxford University

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.
.

1.2.2 Background to Education Policy in Uganda.

Formal education was first initiated by Voluntary Missionary Organisations in


Uganda during the colonial times around the 1880s. Since 1925, the Government
started playing an active role of exercising control over education, which was
expanded rapidly during the 1950s and 1960s. In the early 1920s and 1930s,
education was available only to a small group of people mainly children of the
aristocracy, clergy and tribal chiefs. A strong emphasis on the equality of education
for all people was pointed out by the Castle Commission (1963), which argued for
raising standards of agriculture, and technical education, expansion of girls
education, and provision of adult education. Since 1963, education policy in
Uganda was mainly guided by the Castle commission report up to the inception of
the 1992 Government white paper.
Between 1971/2 1975/6, the Government Educational Plan was almost not
implemented due to manpower vacuum created by the expulsion of Asians.
Between the early 1980s and 1990s, emphasis on educational policy was largely a
general recovery and rehabilitation of educational facilities and man power to
restore functional capacity27.
1.2.3 Current Education Policy
26 ibid

27 See MoES Rehabilitation and Development Plan 1990/91

The current Policy is on expanding the functional capacity of educational


structures and reducing on the inequities of access to education between sexes,
geographical areas, and social classes in Uganda. It advocates for redistribution of
resources viz a viz reforming the educational sector. More resources have been
allocated to lower educational public sector through the UPE programme in order
to enhance equity of access at that level between boys and girls 28. Higher education
especially tertiary education is increasingly becoming liberalised in fact
privatised. The impact of this shift in policy on the female gender is yet to be
ascertained, but for females from poor districts, their chances for higher education
have become decimal.

1.3 PROBLEM STATEMENT


Uganda has experienced a cultural transformation in childrens rights to education
however, Not withstanding the governments commitment to the global mandates
on education and the advances in the provision of basic education in Uganda in
recent years, several issues of concern still need attention:
. Due to the legal transformation in childrens rights (with the introduction of
UPE), many caretakers have enrolled their children in school. Many have done so
because it is free of charge, which indicates that a social transformation in
childrens rights has materialized. Nevertheless, children must undertake domestic
chores before and after school, and have little time to do homework or to prepare
for school. Many caretakers seem to be satisfied that their children are enrolled for
free, and care less about creating a learning environment at home, or participating
in strengthening the school in the community. This indicates a limited cultural
transformation in childrens rights in the mind, although there has evidently been a
28 MoES (1998 b). Education Strategic Investment Plan 1998-2003. Kampala

cultural transformation on the ground.. in addition, A UNICEF Uganda (1998)29


report notes that one out of four children aged 10 14 years are working in the
informal sector and an ILO report on Uganda (1997)30 states that 45 percent of the
age group of 10 14 is economically active. In Uganda, children are expected to
work as part of a learning process. This socialization process sometimes lapses into
excessive and exploitative work. Child labour is an invisible nationwide problem
that is mainly caused by poverty FIDA (1999)31. As 12 million people in Uganda
live below the poverty line UNICEF (1998) 32, many children are forced to work
because their parents are unable to provide for them. Even under UPE, many
children still drop out of school because of poverty and the prohibitive high cost of
secondary, tertiary and even vocational education FIDA (1999) 33. It is argued that,
the roots of child labour, trafficking and separation often lie in poverty34.
Employers benefit from the cheap labour and the parents cannot afford to keep
their children at school. Also, addition In a recent survey commissioned by
UNICEF in eleven sub-Saharan African countries, seven, including out of the
29 Uganda National Programme of Action, UNICEF 1998.

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

37 Committee on the Rights of the Child, Concluding observations: Uganda


(CRC/C/15/Add. 80), of 21 October 1997, paras. 16 and 18.

when children are attending school, the quality of education is often poor, at a time
when

children

require

an enriched

educational

environment,

including

psychosocial support and life skills.


, In 1997 when UPE was introduced, 2,159,850 students enrolled in Primary 1
class. Of these students, only 485,703 completed Primary 7 class in 2003 while
retention rate of approximately 23%. The majority of the students who had
dropped out stated lack of interest as their primary reason (46%), family reasons
(15%) and sickness (12%).38 Children from poor, indigenous and disabled
populations are also at a systematic disadvantage, as are those living in slums in
regard to Quality, Crowded and dilapidated classrooms; too few textbooks and
insufficient instructional time are widespread in many developing countries and
fragile states.
The special rapotteur to Uganda

39

noted a number of problems in Ugandas

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

41Dipak Naker What is a Good School? ; UNICEF PUBLICATION, p.1

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.

To examine the legal framework in Uganda focusing on NGOs and the


right to education.

ii.

To analyze the role of the NGOs in promoting and protecting the right to
education.

iii.

To investigate the various problems and challenges the NGOs face in


promoting and protecting the rights of children to education in regard to the
legal framework.

iv.

To suggest possible recommendations that may be adopted by the NGOs


for the effective operationalisation of promotion and protection the right of

children to education with respect to the 1995 constitution and related legal
framework.

1.6 SIGNIFICANCE OF THE STUDY


The study of the role of the NGOs in promoting and protecting the rights of
children is important at this point in time when children in Uganda are
experiencing issues poor quality education accompanied by the prevalent school
fires,42 revealing the ineffectiveness of the Government of Uganda as the major
duty bearer to promoting and protecting the rights of children amidst enforceable
laws to protect children and ratification to the various conventions including the
CRC, hence creating a gap in the provision of education to children that needs to
be filled. This is where the role of NGOs comes into play.

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.

It will also promote awareness especially to the public.


42 The Secretary Generals fifth report to the Security Council on children in armed conflict defined attacks
on schools and hospitals as one of the six grave violations against children included in the Monitoring and
Reporting Mechanism (MRM).

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.

43 Article 30, Article 34 provides for the right to education of children.

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

stigmatized when he/she is infected by HIV/AIDS, has dropped out of school, is


orphaned, sick or is dressed very poorly. Loss of parental care combined with
poverty may lead to children being exploited sexually and or for labour. Extreme
vulnerability tends to be multi casual and needs to be analysed from a human
rights perspective rather than through the identification of a single primary cause.
In the Childrens Rights Development Unit, Civil and Political Liberties
Consultation Document (1993)44, the issue of childrens vulnerability was
usefully analyzed in a draft document prepared for submission to the United
Nations Convention on the Rights of the Child. It stated blatantly that children are
vulnerable categorizing this vulnerability in two ways. First as an inherent
vulnerability based on their physical weakness and lack of knowledge and
experience and secondly as structural vulnerability based on their lack of political
and economic power and of civil rights in society.
In the same vein, E. Ressler(1978),45 points out that, children share a common
minority in the eyes of the law and are treated as a distinct social group in a wide
range of social government matters hence the need for protection of their rights.
Geraldine Lansdown (1999)46 however puts it across, that, though there is a
tendency to rely too heavily on a presumption of children's biological and

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.

psychological vulnerability in developing law, policy and practice, sufficient focus


should be on the extent which their lack of civil status creates that vulnerability.
Evans (2001)47 puts it across that by the government of Uganda Investing in
children today, this provides a practical way of addressing some of the core
concerns and problems of these times. He argues that Children's rights must be
seen as being the cutting edge of human rights. Ensuring they are respected would
do more to solve society's long-term problems and to prevent crises and conflicts
arising than anything else that could possibly be done.
According to Global Campaign for Education by Action Aid

48

it is suggested

that in realization of the right to education, a human rights-based approach is


important. It is suggested that, taking a human rights-based approach means
carefully planning work so that, for example, the poorest of the poor and those
who suffer multiple discriminations, are reached. The approach involves a broad
spectrum of people, from community members to grassroots activists to local,
national and international NGOs, to trade unions and other civil society actors.
It means working in different ways with the range of stakeholders, at different
moments in the process. Understanding that sometimes government might be a
collaborator, for example, if it is showing interest in fulfilling its obligations while
at other moments a key target, for example, if it is continually failing to invest in
delivering the range of human rights49.

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

points out the importance of education and argues that formal

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

points out that Educating

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.

53 Former UN (United Nations) Special Rapporteur on the Right to Education

Indeed according to Stewart Asquith and Malcolm Hill Martinus54

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.

Furthermore the UNICEF (1999) report57 discusses the interesting connection


between child labour and primary education. It is stated that Studies have shown
the positive relationship between free and compulsory education and a decrease in
child labour whether this is a positive linkage in Uganda is too early to determine.
Still, there is high dropout rate among P1 to P7 students, the majority of which are
girls. In the future, it will be important to monitor the impact of UPE on the
primary education.

57 The State of the Worlds Children 1999 p.82

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.

77 The New Vision,Wednesday February 3, 2010

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

80 Management Systems International Report, "Assessing the Impact of Microenterprise Interventions: A


Framework for Analysis:' March 1995, p. ii.

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

Kofi Annan quotes (Ghanaian diplomat, seventh


secretary-general of the United Nations, 2001 Nobel Peace
Prize.)

Defining the Right to Education


According to the UNESCO Convention against Discrimination in Education, in
Article. 2, 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.
Paul Hunt85 proposes the following definition of the right to education:
"Education is at the same time a fundamental right in itself and one of the keys in
exercising other rights inherent to the human being. As a right that contributes to
the autonomy of the individual, education is the main tool allowing economically
and socially marginal adults and children to get out of poverty and to obtain the
means to fully participate in community life. Education plays a major role: in the
responsibilization of women, the protection of children against labor exploitation,
dangerous work or sexual exploitation, the promotion of human rights,
environmental conservation, population control. Education is increasingly reputed
to be one of the best financial investments for States, but its importance lies not
only in its practical consequences and possibilities. A well-stocked and active
mind, capable of freely wandering, is one of the joys and rewards of existence."
From this definition come a number of useful elements to help identify the
principal components of the right to education. They are detailed by Jean
Hnaire86, in a preliminary analysis grid below.
establishment of an Education Cluster by the Inter-Agency Standing Committee to strengthen emergency
preparedness and response in education (2006/7); increased attention to financing education in fragile states,
including at the Education Donor Conference (2007) (High-Level Education Conference, Brussels, May 2007,
hosted by the European Commission and co-organized by the UK government and the World Bank) and by the
Education for All Fast Track Initiative (FTI); and the report of the Special Rapporteur on the right to education
on the right to education in emergency situations, presented to the Human Rights Council in May 2008
(A/HCR/08/10 May,2008).

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.

1. The personal and social development of the individual


The right to education "contributes to the autonomy of the individual", that is to
say the human person in its singular form. The School, as a social institution, must
at the same time "educate the subject" in his/her social role as defined by the rights
and responsibilities of a democratic society. The individuals social development
calls for an "ego socialization" with a view to ensure the compatibility between
personal interests and the requirements of community life. This difficult balance
can be seen as an interiorization of the democratic rules that preside over the
capability to live together.
2. Learning democracy
If it defines itself as democratic, a society institutes norms that protect the
individual, a group or a category of persons from the arbitrary. From this optic,
education presents itself as a means to learn democracy, in at least two registers.
The first concerns school life, with its ability to instigate and cultivate dialogue, to
permit having a say, to instill a critical sense. The second expresses the will to
include in content and skills building, those competencies that prepare the student
to fight against all forms of injustice (discrimination against women, exploitation
of children,) and to instill a sense of social responsibility (environmental
conservation,).
3. Equality of opportunities
Paul Hunt87 writes that "education is the main tool allowing economically and
socially marginal adults and children to get out of poverty and to obtain the means
to fully participate in community life". At a first level of interpretation, this
definition inspires discourse on the equality of opportunities, understood here as
being the access for all to schooling. It is a matter of equality from the beginning,
i.e., from enrolment in school at the youngest age. It is not yet impacted by the
hazards of the route brought on by the disparity of the economic, social or cultural
conditions of individuals and vulnerable categories of persons (women, minorities,
86
Right to Education ; Setting The Context By Jeane Henaire, The Right To Education Texts by Ramdane
Babadji and Jean Hnaire; translated by Suzanne Gall Under the direction of Jean Hnaire, Director of
Publications, CIFEDHOP

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

National Legislation On The Right To Education


In The Constitution of the Republic of Uganda 89Article 30 makes education for
Ugandan Children a human right, and in Article 34 children are entitled to basic
education by the state and the parents, the Childrens statute also provides for the
education of children, as well as the Education Act.
International Legislation On The Right To Education.
The right to education has been universally recognised since the Universal
Declaration of Human Rights in 194890, though referred to by the ILO already in
the 1920s, and has since been enshrined in various international conventions,
national constitutions and development plans.
In some cases the right exists along with the assumption that the user should pay
for this right, undermining the very concept of a right. In others, the right exists in
theory but there is no capacity to implement this right in practice. Inevitably, a lack
of government support for the right to education hits the poorest hardest. Today,
the right to education is still denied to millions around the world91.
As well as being a right in itself, the right to education is also an enabling right.
Education creates the voice through which rights can be claimed and protected,
and without education people lack the capacity to to achieve valuable functionings
as part of the living. If people have access to education they can develop the
skills, capacity and confidence to secure other rights. Education gives people the
ability to access information detailing the range of rights that they hold, and
89
The 1995 Constitution of The Republic of Uganda.

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)

governments obligations. It supports people to develop the communication skills


to demand these rights, the confidence to speak in a variety of forums, and the
ability to negotiate with a wide range of government officials and power holders92.
As pointed earlier, the right to education has been recognized since the Universal
Declaration of Human Rights. Many other international human rights standards
and instruments have application to education. Those most directly relevant
include the following: The International Covenant on Economic, Social And
Cultural Rights (ICESCR, 1966)93, The Convention on the Elimination Of All
Forms Of Discrimination Against Women (CEDAW, 1979) and more recently, The
Convention On The Rights of The Child (CRC, 1989)94 Articles 28 and 29 express
a child's right to education, free education and even compulsory education. All
these Conventions have been ratified by Uganda.
The CRC obliges States parties to ensure, without discrimination, access to quality
education for all children. Article 28 establishes the right to education on the basis
of equality; through compulsory and free primary education; available and
accessible secondary education; and higher education on the basis of capacity.
Articles 28 and 4 also encourage international cooperation in educational matters.
92
A. Sen Capability And Wellbeing In M Nussbaum And A. Sen (eds) The Quality Of Life (Oxford Clarendon
Press) 1993 30-53

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.

Article 29 outlines the aims of education: to develop each childs personality,


talents and mental and physical abilities to the fullest; to encourage children to
respect others, human rights and their own and other cultures and values; and to
help them learn to live peacefully, protect the environment and respect other
people. The four core principles of the CRC and several other articles further
broaden and strengthen the concept of the right to education.95 International
Convention on Elimination of All Forms of Discrimination against

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.

women.96International Convention on the Elimination of All Forms of Racial


Discrimination97 UNESCO Convention Against Discrimination in Education98

Regional legislation on the right to education


In addition, there are regional instruments which mention the right to education:
Article 49 of the Charter of the Organization of American States (1948) and Article
47 of the Buenos Aires Protocol (1967); Article 2 of the Additional Protocol of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms, as amended by Protocol No. 11 (1952); Article 17 of the African
Charter for Human and Peoples Rights (1982); Article 11 of the African Charter on
the Rights of the Child (1990).
Understanding the right to education
Education is an inalienable, non-derogable right that is inextricably linked to other
fundamental human rights and must be guaranteed to all children both in and
outside of emergency situations. It is a powerful and empowering tool for the
development of children to their full potential as well as to improve the lives of
vulnerable and marginalized children, and is essential to promote the
empowerment of the girl-child. In emergencies, educations unique transformative
potential offers an excellent vehicle for improving security, healing, social service
provision, and reintegration following crises99.
It falls under the economic social and cultural group of rights, the Nature of
Economic Social and Cultural right are Drafted in a language that gives
considerable discretion to state authorities about the standards and timing of the
96
Convention on the Elimination of all forms of Discrimination Against Women: Article 10 States Parties shall
take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights
with men in the field of education and in particular to ensure, on a basis of equality of men and women: a) The
same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas
in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured
in pre-school, general, technical, professional and higher technical education, as well as in all types of
vocational training; (b) Access to the same curricula, the same examinations, teaching staff with qualifications
of the same standard and school premises and equipment of the same quality; (c) The elimination of any
stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging
coeducation and other types of education which will help to achieve this aim and, in particular, by the revision
of textbooks and school programmes and the adaptation of teaching methods; (d ) The same opportunities to
benefit from scholarships and other study grants; (e) The same opportunities for access to programmes of
continuing education, including adult and functional literacy programmes, particularly those aimed at
reducing, at the earliest possible time, any gap in education existing between men and women; (f) The
reduction of female student drop-out rates and the organization of programmes for girls and women who have
left school prematurely; (g) The same Opportunities to participate actively in sports and physical education; (h)
Access to specific educational information to help to ensure the health and well-being of families, including
information and advice on family planning.

enforcements of the rights, exceptions being right to free and compulsory


education and principle of non discrimination. States must devote to them
maximum available resources achieved through progressive realization100.
While the right to education is universally recognised the way it is interpreted at
national level differs substantially. This means that although every human being
holds the same right regardless of any national law, the ways of securing this right
differ greatly from location to location. For example, in Uganda, the right to
education is legally enforceable through national legislation; it is envisaged in
97
International Convention on the Elimination of All Forms of Racial Discrimination: Article 1 1. In this
Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field of public life. Article 2 1. States Parties
condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of
eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this
end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons,
groups of persons or institutions and to en sure that all public authorities and public institutions, national and
local, shall act in conformity with this obligation; (b) Each State Party undertakes not to sponsor, defend or
support racial discrimination by any persons or organizations; (c) Each State Party shall take effective
measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and
regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; (d) Each
State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or organization; (e) Each State Party undertakes to
encourage, where appropriate, integrationist multiracial organizations and movements and other means of
eliminating barriers between races, and to discourage anything which tends to strengthen racial division. 2.
States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields,
special and concrete measures to ensure the adequate development and protection of certain racial groups or
individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human
rights and fundamental freedoms. These measures shall in no case en tail as a con sequence the maintenance of
unequal or separate rights for different racial groups after the objectives for which they were taken have been
achieved. Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention,
States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the
right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights: ... (e)(v) The right to education and training.

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

Article 30 as well as Article 34 of the Constitution which specifically relates to


children. In other countries it will be important to look to international law and
standards.
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

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

document101, include universal primary completion by 2015, and the elimination of


gender disparities.
According to Global Campaign for Education by Action Aid (2007), in
realization of the right of education of children, 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 dutybearer, but there are 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. In
Cyprus v Turkey102 The context is the situation that has existed in northern
Cyprus since the beginning of military operations there by Turkey in July and
August 1974 and the continued division of Cyprus. Cyprus maintained that Turkey
had continued to violate the Convention in northern Cyprus after the adoption of
two earlier reports by the European Commission of Human Rights, which were
drawn up following previous applications brought by Cyprus against Turkey. The
Court held that there had been amongst others the following two violations: violation of Article 2 of Protocol No. 1 (right to education) in respect of Greek
Cypriots living in northern Cyprus in so far as no appropriate secondary-school
facilities were available to them; - violation of Article 3 in that the Greek Cypriots
living in the Karpas area of northern Cyprus had been subjected to discrimination
amounting to degrading treatment; Court called on the Turkish authorities in
101
(A/RED/60/1, 2005)

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.

reinforced the universality and indivisibility of all human rights by treating


economic, social and cultural rights, such as the right to education, in the same
way as civil and political rights.
In contrast, Traeger Park School v. Minister of Education Northern Territory
of Australia105,.The closure of a school attended by aboriginal children in Australia
(138 out of 142 learners were indigenous) was justified by budgetary savings and
by declining enrolments in that school and low attendance.
In R v Inner London Education Authority, ex parte Ali 106 Court examined the
duty of local education authority to secure sufficient places at school for all
children within the compulsory school age where children were deprived of
primary education because of a shortage of teachers. Court held that the authority
did whatever was in its powers to rectify the un-availability of education and was
thus not in breach of its statutory duty.
Accessibility that the system is non- discriminatory and accessible to all, and that
positive steps are taken to include the most marginalised. In Devon County
Council v George107in the leading judgement by Lord Keith Securing that
education is accessible has also generated jurisprudence where transportation

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

should be provided, free of charge, to facilitate compulsory school attendance of


children who live beyond the walking distance to school. The Court stated;
In the case of pupils (living further away than walking distance), a
local education authority would be acting unreasonably if it decided
that free transport was unnecessary for the purpose of promoting
their attendance at school, because if it were not provided that
parents of these pupils would be under no legal obligation to secure
their attendance. 108
The Constitutional Court of the Czech Republic109 While assessing the demand that
text books should also be provided free of cost as part of free education, the
Court held that free does not imply that the State has to bear all costs. The Court
stated that free in primary education means that the State would bear the costs of
establishing schools, their maintenance and operation. However, tuition and
teaching materials need not be free. The Court stated the following:
Legal norms of a lower legal force must be in conformity with
legal norms of a greater legal force. Proceeding on the basis of this
universally recognized principle, it follows that a Government
Regulation must be in conformity not only with constitutional acts
but also with international treaties under Article 10 of the
Constitution of the Czech Republic and "ordinary statutes"110..

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.

R v Richmond upon Thames London Borough Council, ex parte McCarthy


& Stone111 The Court held that the obligation of the state to make education free
requires the prohibition of charges for registering pupils, or their entry for
examination, or for the transportation provided to pupils who live beyond walking
distance.
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. Kjeldsen, Busk Madsen and Pedersen v. Denmark European
110
This is an example of a monist system of law whereby International treaties are automatically incorporated
into domestic law The Group of Deputies asserted that Regulation 15/1994 was in conflict with:Article
33 of the Czech Republics Charter of Fundamental Rights and Basic Freedoms 1991 (part of and with the
same legal standing as, the Czech Constitution), which guarantees to all citizens the right to elementary and
secondary education free of charge;Article 28 of the Convention on the Rights of the Child pursuant to
which the Czech Republic as a State party bound itself to establish, free of charge, education for all children
and to establish, free of charge, secondary general and specialist education and, in cases of need, to provide
financial support as well.Article 41 of the Convention on the Rights of the Child, Nothing in the
present Convention shall affect any provisions which are more conducive to the realization of the rights of the
child and which may be contained in: (a) The law of a State party; or (b) International law in force for that
State.Article 5 Para. 2 of the International Covenant on Economic, Social, and Cultural Rights
(ICESCR) according to which, in case of a conflict between domestic and international rights, those rights
shall be applied which were, on the day the international treaty entered into effect, more favourable for
persons under the jurisdiction of the State Party. Process The petitioners argued that the concept of free
education means that the state should provide everything directly related to the attendance at elementary and
secondary schools, for example school text books, bags, pencil cases, writing equipment, physical education
equipment, etc. The government argued that under 4 Para. 2 of Act No. 29/1984 Sb., on the Basic and
Secondary School System (the Education Act), pursuant to which the Government is to designate the extent
to which textbooks, teaching texts, and basic school materials will be provided to students free of charge.
Education free of charge as called for in Article 33 Para. 2 of the Charter of Fundamental Rights and Basic
Freedoms is to be understood as referring to the right of students to be provided with instruction in suitable
buildings, the wages of qualified instructors and further personnel, the costs of the operation and
maintenance of the buildings, free use of educational aids, that is, those which are owned by the school
and which it uses for its own instruction (models, chemicals, chalk, wall maps and pictures, etc.). In effect,
the state shall bear the costs of establishing schools and school facilities, of their operation and maintenance,
but above all it means that the state may not demand tuition, that is, the provision of primary and secondary
education for payment. However, the Government was of the view that making textbooks and education
materials available free of charge cannot be interpreted as a basic human right Students, or their parents, are
to pay for educational materials which are owned or used by the students, with the exception of materials
which the state provides to students in the first year of elementary school Regulation 15/1994 provides that
textbooks for elementary school are also lent to students free of charge, but they do not become their property.
In secondary school, the students purchase textbooks and they become their property .The Government argued
that Article 41 of the Convention on the Rights of the Child is not relevant for it states that [n]nothing in the
present Convention shall affect any provisions which are more conducive to the realization of the rights of the
child and which may be contained in:(a) The law of a State Party... Presumably the governments argument
was that the purpose of the law of allowing the State to choose the funding of education was to make the
education system more effective for everyone which it could only do if choices regarding funding were made
by the government. It could be that if the government had a certain budget available for education, unless it
could control exactly what it had to pay for within the education system, either some people would not have

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

THE ROLE OF NGOS IN PROMOTING AND PROTECTING THE RIGHT


TO EDUCATION 1995 TO PRESENT.
Education is not the piling on of learning, information, data, facts, skills, or
abilities--that's training or instruction--but is rather a making visible what is
hidden as a seed... To be educated, a person doesn't have to know much or be
informed, but he or she does have to have been exposed vulnerably to the
transformative events of an engaged human life...One of the greatest problems of
our time is that many are schooled but few are educated.
Thomas Moore
Nations have recently been led to borrow billions for war; no nation has ever
borrowed largely for education. Probably, no nation is rich enough to pay for
both war and civilization. We must make our choice; we cannot have both.
~Abraham Flexner

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.

CHILDREN OF UGANDA INTERNATIONAL


religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status".
The essential message is equality of opportunity. Girls should be given the same opportunities as boys. Poor
children, disabled children, refugee children, children of indigenous or minority groups should have the same
rights as all others, the same opportunities to learn, to grow, to enjoy an adequate standard of living. Justice is
every childs right. The "best interests of the child" must be the guiding principle behind all procedures and
justice systems affecting children. Their overriding aim must be to protect and promote children's fundamental
rights and to give young offenders the greatest possible chance of reintegrating into society. Paper presented by
THOMAS HAMMERBERG; CONCLUSIONS BY THOMAS HAMMARBERG, COUNCIL OF EUROPE
COMMISSIONER FOR HUMAN RIGHTS. The Conference Ombudswork for Children was jointly
organised by the Council of Europe Commissioner for Human Rights, the Commissioner for Human Rights of
the Russian Federation and the Greek Ombudsman in Athens, on 29-30 September 2006. Held under the
Russian Federation Chairmanship of the Council of Europe Committee of Ministers, it brought together
national and regional Ombudsmen, with general competence or specialized in childrens rights from over 30
Member States of the Council of Europe as well as the European Ombudsman, the Deputy Secretary General
of the Council of Europe, a member of the UN Committee on the Rights of the Child, international experts,
representatives of Governments and of civil society. Greek young people contributed to one of the working
sessions, expressed their opinion on Ombudsinstitutions and presented their experience and views on how
ombudswork with children should take place, also in The Universal Declaration of Human Rights

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,

Originally called the Uganda Children's Charity Foundation, Children of Uganda


was established in 1995 to care for orphans and other disadvantaged children in
Uganda with the goal of helping them become healthy and productive members of
society.
As a registered non-profit organization headquartered in the United States,
Children of Uganda works in conjunction with local non-governmental
organizations in Uganda to provide education and support to over 600 children in
need.
The mission of Children of Uganda is to support and empower hundreds of
orphans124 and vulnerable children in Uganda to lead successful and productive
lives. The vision is that all children in Uganda receive an education to become
healthy, productive members of their community who assume leadership roles and
positively impact Ugandan society.
Organizational Programs
Currently, Children of Uganda supports four main programs in Uganda among
which include the Educational Support Program125,
Educational Support Programme
Children of Uganda supports two children's homes in Uganda- one located in the
Rakai district and the other in the Mukono district. Each home has an attached
primary school where orphans and vulnerable children aged 5-13 years receive
their primary education126. They also provide older children enrolled in their
program with access to secondary education and vocational training. In addition to
providing primary and secondary education, Children of Uganda also supports
children with disabilities at their Philip's House facility on the grounds of their
124
http://www.childrenofuganda.org/ There is an orphan crisis in Uganda. Currently the country is home to
nearly 2.4 million children who have lost one or both parents to HIV/AIDS, extreme poverty and civil conflict.
In fact, Uganda has the largest orphan population per capita of any country in the world.

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

Bethesda International is committed to securing a future for the most vulnerable


children, youths, and women in Uganda, currently caring for over 200 children, 71
of them attending Rapha Community School.
In order to further educational opportunities for the children, Ruth also founded
Rapha Community School which is located in rural Mukono, just outside Jinja so
as to further education for the children in Bethesda as well as the surrounding
community for preschoolers through seventh grade. Rapha is the first school to
have been established in this community, allowing these children to be the first
literate generation in their community.

Students at Rapha community school.

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.

2nd block of Rapha Primary Community School


THE FEDERECION INTERNATIONAL DE ABOGADAS (FIDA)-U
Federation of Women Lawyers, was established in 1974 by a group of women
lawyers with the primary objective of promoting their professional and intellectual
growth. Its vision is promoting the Dignity & Human Rights of Women &
Children Using Law as a Tool of Social Justice. In 1988 FIDA-U established its
first legal aid clinic in Kampala with the objective of providing legal services to
indigent women to enable them access justice131. Since then, it has established
offices in various regions of the country. FIDA-Us focus has been on provision of
legal aid with tentative steps taken towards addressing structural causes of
womens marginalization and abuse132.
In 2007, FIDA-U with the support of the Ford Foundation undertook an
Organizational Development evaluation to reinvigorate itself, recapture the
131
www.newvision.co.ug It started with 11 members and to date it boasts of close to 400 members. FIDA (U)
aims at uplifting the status of women and children and promoting respect for and observance of human rights
and the fundamental freedoms. The association has built its reputation on its uncompromising commitment to
provide legal aid services to poor and vulnerable persons and communities, who in the majority of cases are
women and children

132
www.fidauganda.org

passion, authority, creativity, commitment, credibility and reputation as a premier


womens human rights organization. The evaluation made practical and strategic
recommendations133
Advocacy
Through its advocacy for improved legal environment for womens human rights,
including girls ,amendment of the Penal Code to grant Chief Magistrates powers to
hear defilement cases where the victims are of the apparent age of 14 and below.
Responding to national development processes and in order to infuse gender
sensitive planning and implementation, FIDA-U has participated in the national
civic education programme, justice delivery system such as Chain Link program;
budgeting process and poverty assessment studies. As a result of increased rights
awareness, through FIDA-U and others, women are speaking out against violence
and seeking legal redress. There is increased acceptance of womens property
rights, girl child education, women in leadership positions134 .
An emergent visibility of women and children claim holders has been witnessed,
reflecting FIDA-Us ability to raise awareness and confidence amongst them to
claim protection over their rights. Consequently, they continue to focus on rights
133
Concurrently, an Evaluation commissioned by NOVIB late 2007, reviewed the programme Strategy 2005
2007. While FIDA-U has successfully raised consciousness around womens human rights and provided legal
aid services, FIDA-U has not successfully challenged the structural causes of womens marginalization. The
Evaluation challenged FIDA-U to document its work both for institutional learning and to adopt more
transformative approaches that would result in equality for women in law and practice

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.

awareness campaigns. FIDA-U has also adopted a thematic approach to challenge


the structural causes of womens marginalization such as patriarchal patterns of
behaviour and discriminatory laws and policies, through advocacy based on
Ugandas governments stated international and national obligations on improving
womens human rights.

UGANDA WOMENS EFFORT TO SAVE ORPHANS (UWESO)


UWESO135 was founded by Mrs. Janet Kataha Museveni in 1986 during hercaused exile in Sweden. With her community of other Ugandan women in exile,
they recognized that as mothers of the nation, it was their responsibility to help the
Ugandan War Orphans136.
Its Mission is to improve the quality of life of needy orphans empowering the local
communities to meet the social, moral and economic needs of these children in a
sustainable manner, taking into consideration the best interest of the child137.
Issues area of operations is Women's Economic Empowerment, Child Care and
Support for Needy Orphans. Target Audience are majorly needy orphans, Orphan

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.

care givers, Local Councils/Communities - especially those related to orphans


activities and Women.

Educational support programme


UWESO started its work by coming to the rescue of children who were left
parentless in the war-torn areas through relief supplies such as food, clothing,
shelter and medical care. With time, focus was widened to include direct welfare to
these needy orphans especially through provision of basic needs and school fees138.
Harriet Namayanja was 17 years old when she was orphaned and left to care for
her eight brothers and sisters. Before her death, Namayanjas mother had taken out
a micro loan from the Uganda Womens Effort to Save Orphans (UWESO). With
UWESOs help, Namayanja inherited the loan after her mothers death. With both
the mat-making skills she learned from her mother and the UWESO loan,
Namayanja paid back the first loan and has since taken several others. She now
supports her eight younger siblings, pays their school fees, and grows much of
their own food139.UWESO believes that to ensure the sustainable care and future of
children orphaned by AIDS, it is important to extend support not only to orphans
directly but also to the communities that care for them 140. By helping eradicate
poverty at the household level, UWESO helps ensure the continued development
of communities and households caring for Ugandas AIDS orphans. It
accomplishes this through a variety of programs, including advocacy, micro credit,
vocational training, education, and relief.
UWESO programs include141: Education for orphans on such topics as HIV/AIDS
control and prevention, primary health care, water and sanitation, sexuality, and
growing up, National and international advocacy for meeting the needs of
orphaned children. Masulita Childrens Village, which boards and cares for 50
137
Children Statute 2000 section 5

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

children and adolescents orphaned by AIDS. Orphans in this home participate in


peer education activities that use music, dance, and drama to disseminate
information about health, nutrition, childrens rights, and prevention of HIV
infection. Formal and informal vocational training. Depending on their education
level, sponsored, orphaned adolescents may learn a vocation in a formal, structured
government institution in their district. Others are placed with a successful artisan
in the community for 9-12 months to learn practical skills that lead to self-reliance.
These skills include business management, carpentry, welding, masonry,
bricklaying, radio repair, bicycle repair, and nursery school teaching. UWESO then
helps orphans acquire the materials necessary to practice their learned professions.
Program Results
Many orphaned adolescents have successfully completed the vocational training
program and are employed in their home communities, generating income to help
look after themselves and other members of their family142.
140

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

The role of ActionAid


ActionAid145 categorically supports the right of girls to mainstream full-time
schooling during pregnancy and after giving birth, and calls on governments to
introduce policies, programmes and mechanisms to ensure that student mothers
can complete their formal education in a non-discriminatory environment. Where
these policies already exist on paper these must be disseminated widely and
consistently implemented by school authorities.
Action Aid believes that girls must be informed and empowered to protect
themselves from unwanted pregnancies and STIs, including HIV, through
comprehensive sexuality education, and reproductive health services. It is an
established fact that pregnancy and motherhood amongst adolescent women and
young girls is detrimental to both maternal and child health. Additionally,
adolescent mothers can often be launched into an enduring cycle of lack of
opportunities, choices, impoverishment and poor health. Ensuring that girls can
return to school and complete their formal education after giving birth is one very
important way to protect and fulfill their rights, reduce the isolation and stigma
that young mothers often face, and give them a crucial chance to make a better life
in future. Action Aid fundamentally stands for the universality, indivisibility,
inalienability; interdependence and interrelatedness of human rights. Accordingly,
Action Aid reaffirms that the use of cultural, religious or any other values to justify
the denial of any girl or young woman her right toeducation is a violation of
human rights principles and organizational standards146. They also believe that
cultures can and must change in response to changing conditions that put girls
increasingly at risk. They seek to involve communities in dialogue and discussion
to find creative long term solutions to strengthen the power and confidence of
young women to make their own choices, thereby reducing their risk of early
pregnancies, STIs, HIV, etc. to ensure schools consistently provide comprehensive
sexuality education, HIV&AIDS education and sexual and reproductive health and
rights education and services
ActionAid has huge experience in the field of education around the world working from early childhood through to adult education147.
Acting locally

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

EMPOWER CHILDREN AND COMMUNITIES AGAINST ABUSE (ECCA)


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. Mission: Empower
children, men and women to work together against all forms of gender-based
violence. Issues area of operations ECCA's major objective is to build and
of Population and Development, the World Summit for Social Development and the Fourth World Conference
on Women, and their respective reviews and reports; CESCR(2) article 13 (1) The States Parties to the
present Covenant recognize 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. CEDAW(3) article 10 States Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the field of education and in particular to
ensure, on a basis of equality of men and women: (a) The same conditions for career and vocational
guidance, . . ; (c) The elimination of any stereotyped concept of the roles of men and women at all levels and
in all forms of education . . .; (e) The same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest
possible time, any gap in education existing between men and women; article 14 States Parties shall take all
appropriate measures to eliminate discrimination against women in rural areas [and] ensure to such women the
right: . . . (d) To obtain all types of training and education, formal and nonformal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to
increase their technical proficiency[.]
CERD(4) article 5 States Parties undertake to prohibit and to eliminate racial discrimination in all it forms
and to guarantee [to] everyone . . . (e) (v) In compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its
forms and to guarantee the right to everyone, without distinction as to race, colour, or national or ethnic origin,
to equality before the law, notably in the enjoyment of (e) Economic, social and cultural rights, in
particular: (v) The right to education and training. CRC(5) article 28 State Parties recognize the right of the
child to; article 29 States Parties agree that the education of the child shall be directed to education . . . (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. MWC(6) article 30 Each child of a migrant worker shall have the basic right
of access to education on the basis of equality of treatment with nationals of the State concerned; article 43
Migrant workers shall enjoy quality of treatment with nationals of the State in relation to . . . (a) access to
educational institutions and services (b) access to vocational training.

strengthen the capacity of individuals, communities, and children to address the


problem of abuse in Uganda by149: Initiating the establishment and foundation of
modular community, child and women focused institutional governance and
capacity building curriculum. Organizing short training and advocacy workshops,
meetings, symposia, seminars where members and others can interact. Carrying
out research and influencing policy directions regarding the welfare of men,
women, children and communities as a whole.150
Child Support Program
This Program was designed to address the needs of children and women who are
affected and infected by HIV /AIDS, severely abused and sexually abused
children, children at risk of repeated abuse and sexual abuse, orphaned children
from extremely impoverished backgrounds, families that are economically
disadvantaged.

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.

Meaning Princesses, Bambejja is transforming the lives of many destitute girls in


the Kampala region. Many have been orphaned or neglected, suffered abuse and
are living lives they just dont deserve. Through Bambejja, Oasis Uganda is giving
these young girls the opportunity to develop abundant, fulfilling lives.
Linda's story
Linda (16) lost both her parents when she was about 8 years to HIV/AIDS. She
was left to live in the shacks of the market with her brother whom she was
separated from months later. She was adopted by an elderly woman who offered
to look after her. Linda then joined Bambejja where she received support to go to
school in the neighboring local community. Linda is a very bright young girl and
shes one of our best performing girls in school.
"I am very grateful that Bambejja has given me an opportunity to go to school.
And now I would like to become a lawyer to help children who are living in the
same situation as mine"
THE FORUM FOR AFRICAN WOMEN EDUCATIONALISTS (FAWE)
FAWE is a pan-African non-governmental organization formed in 1993 to address
the appalling state of girls' education in Africa as a strategy towards achieving
education for all. The Uganda Chapter (FAWEU) was established in 1997 through
the joint effort of the Ministry of Education and Sports and Makerere University,
with a mission to ensure that girls and women are an integral part of the
intellectual and technical resource base needed for the development of Uganda.
The FAWE, a pan-African NGO, works to bridge the gap in the education sector
and offer a rallying point for women by calling attention to the gender disparities
in education as well as directly engaging with the issue. Their work ensures that
more girls have access to schooling, can complete their studies, and perform well
academically. FAWE currently has 33 chapters all over the continent working to
implement their vision. Since its founding in 1997, the FAWE-Uganda chapter has
grown from 36 members to more than 428 members. The majority are teachers,
university lecturers, and women advocates for girls education, though FAWE-U
also counts members of Parliament, business people, social and development
workers, and members of the media among its ranks.
FAWE-Us goal is, to accelerate female participation in education and to close the
gender gap within the education system at all levels. The organization works
throughout the country, but pays special attention to conflict and post-conflict
districts. Areas where FGM is particularly prevalent and hinders girls access to
education also receive priority support. FAWE-U ensures that girls and women are
an integral part of the intellectual foundation necessary for the prosperity of
Uganda and Africa as a whole.
FAWE-Us project, Promoting Girls and Young Womens Health and Human
Rights Education, aims to advance public policy that strengthens girls access to
quality education. FAWE-U undertook a survey to determine whether children

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

accurate information about reproductive health. Statistics tracking Ugandan


schoolgirls show low rates of access, poor retention, and below average
performance. The Forum for African Women Educationalists-Uganda (FAWE-U)
works to address this need by providing health and human rights education for
young girls.
FOCUS UGANDA
Focus Uganda came into being in 1972. There had been a Christian Union (CU) at
Makerere University since 1962. Another CU was formed at National Teachers
College (NTC), Kyambogo in 1972. An associate group that met in Kampala for
Bible Study and fellowship was started around the same time. FOCUS Uganda was
affiliated to the International Fellowship of Evangelical Students (IFES) in 1979.
prior to that, FOCUS was part of the Pan Africa Fellowship of Evangelical
Students162.
Education Support Programme
Mulago Child Project
Under the objective of missions and social concern, FOCUS also encourages
students and graduates to respond to social issues with Christs compassion. The
FOCUS Mulago Child Project is one of the practical examples that is used as a
model of response for students and graduates all over the country.

Pupils at focus Mulago project


The FOCUS Mulago Child Project was started in 1992 as a means of reaching out
to the Mulago slum community with the holistic Gospel using the child as the
162
www.focus uganda.org

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.

CENTER FOR CHILD ADVOCACY AND LIFE PLANNING164


The Center for Child Advocacy and Life Planning (CCALP) began in 1999 as a
community based initiative to support children orphaned by HIV/AIDS in Nansana
village in the Wakiso district of Central Uganda. The program, also known as
Mentor Volunteers due to the emphasis on involving peoples outside the agency in
the work, began with four children orphaned in the Nansana Community, left alone
with no support from an adult. Seeing their suffering, a small community based
organization was set up to by six community volunteers to help these children
survive165: Mr. Segawa Ephraim, Mr. Mukasa Job, Nakabuuka Gladys, Mr. G.W.
Kabuuka, Mrs. Jane Kabuuka and Mr. Musinguzi Johnson. Mission Statement: We
believe that orphans and vulnerable children in Central Uganda are entitled to a
formal high quality education and other basic needs for their brightest future.

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

more children were left orphaned, as HIV/AIDS claimed countless lives in


Uganda. The need to provide care and support to orphans became greater as the
number of orphaned children grew literally by the day. The Center for Child
Advocacy and Life Planning program currently educates over 600 orphans and
vulnerable children in the Wakiso and Kiboga districts of Central Uganda 166.
Beginning in 2005, friends from England, Canada, and the United States came as
volunteers to the Center to support the school, work with the children, and help
grow the organization. At present, a steady stream of international volunteers find
their way to CCALP and the Nansana Community Primary School to help care for,
educate, and support the orphans and vulnerable boys and girls at the Center.
The CCALP program currently educates children from the Nursery level through
Primary 7, with a near term goal of completing an additional classroom building
and hiring more teachers at the Primary level in Nansana in order to continue to
provide a formal, high quality education for their children. An additional intention
of the Center is to open a Secondary School by February, 2009 on nearby land in
Nansana, so that the graduating Primary 7 students and other teenagers within the
program's care can seamlessly continue their education and move that much closer
to a promising, independent life. The project is located at Nansana Kabumbi,
NansanaTown council Wakiso District in Uganda, and six miles outside of
Kampala city on Hoima road.
Over the past 5 years, the organization has expanded from 15 children in one
center to over 400 children in 4 centers in Wakiso and Kiboga district in Uganda 167.
166

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

A commitment is made to support each child by giving him or her strong


educational foundation, a good time, self esteem and values, and to help them plan
how they can earn a steady livelihood as a step towards improving their standard
of living. The Center is an advocate for all children. It advises, recommends, and
promotes for changes at many different levels to improve children's health and
wellbeing.

A dormitory at Nansana primary school.


Many children in Uganda have been orphaned as a result of the countrys
HIV/AIDS epidemic and war and now as a result many orphans are living alone or
with one of their extended family; this means that in every family there is an
orphan living with them. Some of these children are living on the streets of
Kampala and other towns with no access to education, health care, shelter and
feeding. As a result, many find their way into crime. Thats why initiatives like
CCALP Uganda have been put into place, in order to assimilate these children into
society and give the children future prospects. we are making a real difference in
their lives. In an interview with the country project coordinator, he stated that,
We cannot ignore the plight of these children any more. It is time to accept our
responsibility as a caring community and work to make a positive change in the
lives of children168
Among its goals is to provide a formal, high quality education to ALL of the
orphans and vulnerable children that we educate and care for from Nursery
for the most needy families of Kintu Provide simple beddings to the most needy orphans in Nansana
Community.

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.

World Vision Uganda are committed to long-term change, which means


connecting people. Whether its enabling people in developing communities to
support each other, or linking donors to those in need through child sponsorship, or
creating networks to campaign for justice, we believe that getting people connected
is the best way to make a differenceThats one reason why we put so much
emphasis on advocacy. While individual programmes can mitigate the effects of
poverty, its only by speaking up for and with those who are marginalised that we
can influence the policies of governments and international bodies and so address
the underlying causes of poverty

SAVE THE CHILDREN UGANDA


Save the Children in Uganda is a consolidation of programmes of SC UK,
Denmark and Norway, with extensive programming for children affected by armed
conflict in northern and western Uganda.173
Protection: Through child protection activities, Save the Children works to ensure
that former child-soldiers, young mothers, child-headed households and other
orphans and vulnerable children are successfully reintegrated into their
communities and have access to basic services. By educating community members,
they help to raise awareness of childrens vulnerabilities and their rights. Children
also receive training in vocational skills and income-generating activities. Through
work with mentors, these children have positive role models and someone to help
support them as they establish their livelihoods174.

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

Through CHANCE175, a community-based education program, Save the Children


reaches some of the most disadvantaged children in Uganda. CHANCE schools
serve girls and boys from poor pastoralist and fishing families who do not have
access to traditional schools. Based on the principle that education should fit the
needs of students.176
Geoffrey Oyat177 on the other hand,examines the use of child soldiers and
abductions in Uganda, discusses education as a form of child protection, and
considers the measures that need to be taken in the future.
As a humanitarian agency, we do not have any other access to these groups.
Therefore, our main work in the north is to protect those who are not abducted.
And for those who are lucky enough to come out, we provide services for
rehabilitation and eventual community reintegration. So with these groups, which
are government and government-affiliated, we are working and advocating for
government to put tighter measures in place in terms of who they recruit 178. As
175
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.

relief organization distributing food to vulnerable children in urban orphanage


centers in the central part of the country181.In 2003, FTCU limited realized the need
to transform into a Local Non-Government Organization182. FTCU Ltd currently
works in 7 districts in the North, East and Central regions and the major areas of
intervention include:-Child Sponsorship, other Education support programmes.183
Vocational Skills Training Project for Orphans and Street Children
The vocational skills training project for 0rphans and street children 184 that started
with a goal of empowering street and orphan/vulnerable children with life
sustaining skills. The project is supervised by FTCU and International Care and
Relief as the leading NGOs under this project. FTCU started this project in 1999,
providing basic food support to street children in institutions. At its inception,
FTCU operation started in Kampala district, although in the past one year, it has
expanded to Mpigi and Wakiso185.
Child Sponsorship Program
FTCU believes that poverty is a personal experience for every child in its family
and community context, and this insight and sensitivity guide all of its actions.
180

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)

Provide a basis for effective intervention

iii)

Inform advocacy and positive policy development.


Activities

i)
ii)
iii)
iv)
v)

Baseline surveys on child rights issues in potential geographical areas of


intervention.
Studies of key thematic child rights issues.
Compilation and dissemination of the annual status report on child abuse and
neglect.
Dissemination of other study findings, reports and other information
material.
Maintenance of the resource centre.

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)

Identification and establishment of formal links with other service providers


so as to enhance effective referral.

iii)

Building the capacity of ANPPCAN district groups in service provision.

iv)

Facilitating increased access for abused children to support services like


counseling, legal support, medical treatment and other social services.

3. Advocacy
The activities in this programme area are geared towards achieving the following
objectives191:
i)
ii)
iii)
iv)

Highlighting the nature and magnitude of the problem of child abuse in


Uganda
Mobilizing communities for proactive and responsive actions to protect
children from abuse and neglect.
Working with appropriate institutions to ensure the implementation and
enforcement of laws and policies for childcare and protection.
Empowering children to advocate for their rights and protect themselves
from abuse and neglect192.

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).

This brings about the aspect of self

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

ANPPCAN participated in the network of civil society organizations, which


developed the alternative NGO report to the UN Committee on the Rights of the
Child- This report sought to highlight the gaps in the government report to ensure
that children are better protected from abuse. This report forms the basis upon
which the UN monitors government's progress on implementation of the UN
Convention of the Rights of the Child.
Child empowerment activities
ANPPCAN believes that children should not just be considered targets of child
rights protection effort; rather, they should actively participate in advocating for
their rights and protecting themselves from abuse. In this regard, a number of
child-oriented activities have been undertaken to enhance their participation.

i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)

Sensitization of children about child rights and responsibilities.


Training of children in child rights peer education.
Supporting skills training for in and out of school youth and children with
disabilities in the areas of carpentry handcraft making and dramaSupporting 102 child rights clubs through provision of information material
and technical advice in the districts of Mpigi and Wakiso.
Monitoring and support visits to child rights clubs.
Facilitating review meetings of child rights peer educators.
Production of two manuals i.e. the child rights club manual and the trainers
guide for child rights peer educators.
Supporting children's campaigns and festivals targeting over 600 adults and
1000 children in Mpigi and Wakiso districts (commemorating the day of the
African child).
Training selected children in monitoring and evaluation of the UPE
programme in their schools.
Developing information kits for child broadcasters
Training facilitators of child rights support groups

Community mobilization and awareness activities


i) Awareness seminars for teachers in child rights protection.
ii) Training of community child rights educators.
iii) Monitoring and support visits to community child rights educators.
iv) Review meetings for community child rights educators.
v) Community awareness sessions in child rights protection.

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)

To Lobby for relevant and appropriate policy in matters affecting children.


Enhance the capacity of ANPPCAN district groups and other organizations
in promoting child welfare.
Increase the active participation of ANPPCAN members in the activities of
child oriented organizations at alt levels193

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

LIMITATIONS NGOS FACE IN THEIR ROLE OF PROMOTING AND


PROTECTING THE RIGHT TO EDUCATION OF CHILDREN.

The roots of education are bitter, but the fruit is sweet


-Aristotle
This chapter seeks to examine the constraints, both legal and institutional, that
impede the effective role of Ngos in the promotion and protection of the right to
education in Uganda. Legal constraints are those problems that exist within the
legal framework; while institutional constraints are those problems that reflect the
lack of capacity, opportunity and resources, within civil society in promoting and
protecting the right to education. The challenges referred to here are the
detrimental aspects of globalization, advancement of information technology,
human security problems (like HIV/AIDS) and peace and security issues.
Poverty
Despite the fact that NGOS confer a supplementary role to the state, they still
undergo financial constraints because of the expanse of their activities in the
country. The state does not maximize its potential to achieve the right to education.
More money is spent on corruption and defense and the rest of the work is left to
other stake holders195. When one visits any of the home pages of the organizations
on the internet, a provision exists for good Samaritans to make donations, In
relation to provision of services for children and staff remuneration. Inadequate
Finances therefore remain a constraint in the promotion and protection of the right
to education by NGOs. An explicit illustration of this is the one dollar a day to
save a childs life campaign by CCALP, to encourage donations.196

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

diseases or hunger , because of unfair distribution and inadequacy of health


facilities.
Population And Demographic Changes
The 2002 population census estimated total population of Uganda at 24.4 million
with an annual growth rate of 3.4 %, it is ranked third highest in the world after
Niger and Yemen. With an exception of children under 1 year old the population
size in the various different age groups is projected to increase by as much as 1
million each over the span of the next 7 year. Implication of this rapid growth in
196
U.S. Dollar = 1,900 Uganda Shillings (UGX) Immediate 'One Time Financial Expenditures, Six-bedroom
Dormitory for High School Students Near our New Secondary School 8,011,250 UGX ~ $4,250, The house, to
be converted to a dormitory, is on a piece of land 75' x 120' and is a five-minute walk from the new secondary
school that is being built by the CCALP community. The house and land is owned by a Catholic priest who
wishes to sell it to a community development project. Funds are required by October 30, 2009. Your
immediate contribution will be greatly appreciated. As you can see, there will be work to be done around the
property, but the building is sturdy, made with red brick and the conversion into a dormitory won't be very
hard. We just need to make sure we don't miss the purchase deadline. Back at our home base, where we have
the Orphanage and Primary School Site, Kids Need to Get off Floor in Dormitories 380,000 UGX ~ $250 We
need to make sure that make sure that no children sleep on the floor, for which this budget item is intended.
However, we also need to replace all wooden bunk beds with wrought iron for safety reasons, which will cost
CCALP alot more than 380,000 UGX. Not to mention that our children sleep 2-3 to a bed. Key 'Monthly
Recurring' Financial Expenditures Hire Teacher for 'Top' Class (Upper Kindergarten)200,000 UGX per month
~ $250 per month Hire Teacher for P 2 Classroom200,000 UGX per month ~ $250 per month Secondary 1
Classroom Opens 700,000 UGX per month ~ $450 per month The Secondary School will need an
administrator, as well as an host of part time teachers for different subjects, as is common in Secondary School
in Uganda, and throughout the world. This is a very conservative estimate for what we will need to cover our
very basic costs each month in the way of salaries. Matron on Staff,150,000 UGX per month ~ $100 per
month, The children need a full time person - that is responsible for the daily personal needs of our children
(hygiene, medications, emotional needs, etc.)1 Cup of Porridge for all Students not Receiving Meals860,000
UGX per month ~ $550 per month at the Nansana CCALP site, each school day, 350 students who live in the
community with guardians, come to our school to join our school community and the approximately 60
children who live at CCALP. With the exception of the most vulnerable of these off site 350 children, we
have not been able to feed them a meal each day when they come to school. We desperately which to remedy
this situation, but this will cost us alot of money each month to feed them merely a cup of porridge each school
day. We hope that, in the foreseeable future, we will be able to serve them a more 'proper' and hearty lunch, as
we do for the children who live at CCALP. Adequate Kitchen Supplies and Utensils 50,000 UGX per month ~
$30 per month

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.

Peace and Security


"War violates every right of a child -- the right to life, the right to be with family
and community, the right to health, the right to development of personality and the
right to be nurtured and protected."210.
207
In some cases children , either suspected or confirmed HIV families have been prevented from entering
school from obtaining health services or from being in placed foster homes the economic impact of HIV is
high. On children due to high health care costs and the loss of household production and earning capacity they
undergo poor nutrition, lack of access to appropriate health care, high school dropout rates as children care for
sick parents, adopt primary household support responsibilities take on the heavy psychological burden of
dealing with illness and loss of one or both parents. Wakhneya et al 2002 Situation Analysis of Orphans in
Uganda; Applied Research for Children Health (ARCH)

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.

The restriction of the political space of NGOs to work217


Taking globalization as a given political reality, it potentially increases the sources
of injustice that are beyond the scope of national systems of justice. Today, forces
that are geographically and institutionally distant from the scene of the action may
influence individuals and communities. Multinational corporations and the Bretton
Woods Institutes (World Bank and IMF) have a major impact on the lives of
millions, but there are few local or decentralized institutional opportunities for
recourse against their actions. The political space for governments is equally
affected by international forces, which may have an impact on how governments
behave domestically. Globalization has often induced governments, who are eager
to safeguard World Bank loans or Large investments by multinational companies,
to violate basic freedoms and encroach upon the Political space of their own civil
societies. The approach of governments, in dealing with the increasing influence of
NGOs, tends to have a domestic focus. While NGOs need to persuade
governments to do the right thing, like establishing an independent judiciary,
secure budgets for social services, enforce labour laws and uphold environmental
standards, governments need to determine the space they allow for civil society. In
many countries this results in heated debates on desired forms of regulation 218. The
Draft World Bank Handbook on NGO Laws and regulations exemplifies the
confusion that has arisen over the attempts to define the NGO role in global
governance. Since 1996 the WB is drafting a handbook meant to support and
strengthening Government - NGO relationship through appropriate NGO law. But
216
Chapter 3 page

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.

lack of resources in the government training centers as well as a tendency for


training to be more theoretical than practical. Attracting female orphans to
traditionally male-dominated trades has been a further challenge.
Reaching orphaned youth is easier when they are in the care of responsible
guardians, relatives, or foster parents. It is a challenge when youth are on the
street, without a stable home. UWESO has worked with sister organizations to
remove these children from the streets by equipping them with the skills needed to
find employment and settle in a community. Some have been repatriated to their
place of birth, and probation officers have been encouraged to return orphans to
their homes and communities.
Other challenges pointed out by UWESO221 include:
Paternalistic attitudes restrict the degree of participation in programme/project
design.
Restricted/constrained ways of approach to a problem or area.
Reduced replicability of an idea, due to non-representativeness of the project or
selected area, relatively small project coverage, dependence on outside financial
resources, few staff.
"Territorial possessiveness" of an area or project also reduces cooperation between
agencies, seen as threatening or competitive.
The low quality and accountability of NGO work
While playing an increasingly prominent role in development work and promoting
the transparency and accountability of governments and international institutions,
the NGOs themselves, often need to improve the long term quality of their work,
given their activist origins, and increase their own accountability to the people they
serve in the society. Though more and more NGOs are trying to be more
transparent and live by code of conduct there is still need for improvement. There
does not exist in Uganda an ombudsman to handle complaints.

CHALLENGES FACED BY THE STATE.


. With little restrictions and regulations by the government, very many people have
resorted to forming NGOs under the guise to assist the poor out of poverty when
actually they are just making profits. Despite of very many NGOs in Uganda the
living conditions have remained awful, little water, malnourished children, and
221
www.uweso.org

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

Facilitate good information gathering, analysis and provision to wide audiences228.


Research and documentation of successful, alternative, innovative approach to
development, Because of the activist nature of most NGO workers, little time and
energy is put into reflection and linking and learning with other, and to document
their experiences.229
To provide an independent bridge function, between local activists and official
decision makers. Making each party better understand the others position and find
joint solutions.
And last but not least, the universitys educational core business is the most crucial
element in promoting global citizenship, in the training of young, professional
and responsible cadre that values social justice for all and tolerates and respects
dissenting voices and ideas230.
Ngos should continuously participate in law reform especially affecting children
and enforceability of the same231
Ugandas government should governments to re-assess the role of the state in
promoting and protecting the right of education, to reduce the burden of financial
constraints faced by NGOs and to live up to agreements made in Social Summit in
Copenhagen in 1995, when governments pledged to spend at least twenty percent
of the national budgets on health and education232.

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.

In order for NGOs to perform well, three fundamental freedoms need to be


guaranteed by the State. These three are the Freedom of Association 233 (the right to
organize), the Freedom of Assembly (the right to meet and organize rallies and
community events) and the Freedom of Speech (the right to share your ideas
freely).
People should change their attitudes towards NGOS, by looking at the positive
work they are doing rather than criticizing them
231
Another encouraging experience can be related from Indonesia. For many years under the Suharto regime,
various Oxfam partners were unofficially blacklisted, because they questioned preferential treatments,
human rights abuses and corruption practices of the authorities. Nevertheless, the NGOs continued to play a
major role in livelihood provision, environmental protection, womens equal rights movement and human
rights monitoring. When the political spectrum changed dramatically in 1998, the Indonesian NGOs were
invited to join the political vacuum and emerged as a new think tank that tries to contribute to the yet fragile
process of reform and democratization. They set up nation wide voter education programmes in the first multi
party election in 30 years, they took part in independent official inquiry committees investigation the May
Jakarta riots and the recent violence in Timor. They participate in law reform committees, e.g. most recently in
drafting a law to set up truth and reconciliation commission and lead a participatory policy formulation process
in 24 cities around the country, to formulate development scenarios for Indonesia in 2020, based on the
experiences in South Africa

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.

Transparency and Accountability: To avoid criticism, NGOs should be transparent


and accountable to the people on whose behalf the organization mobilizes
resources, to different government structures in areas where they work and to their
funding partners. They should also uphold the values of honesty and integrity in
what the organization does and how they do it.
Efficiency and sustainability of intervention: Feed The Children believes that
lasting development should be socially, economically and environmentally
sustainable and programmes should be implemented in a way that is efficient and
ensuring value for money spent, through Organizational Development that
especially supports the development of effective internal systems/capacities and
local partner organizations which are able to sustain holistic development and
empowerment among partner communities.