RIGHT TO FREE AND COMPULSORY EDUCATION IN PAKISTAN A Struggle to Enforce Article25 A

 Population: million  Provinces: 5 & 3 areas (FATA, ICT & AJK)  Poverty & Vulnerability: 22% + 22% - volatile  Emergencies: & ongoing  Maternal Mortality: 87 per 1000  Infant Mortality:61 per 1000  Education Provision: Public: 63% Private: 37%  ECE (3-5 yrs): 50% (rural 37%)Incl. Private Sector  NER Primary (6-10yrs): 80%  OOSC –(5-16yrs) : 23%  Article 25- A; Right To Education 2010 for 5-16 years  RTE Laws/Bills : Passed in 3 areas 2012/13  GDP to Education %(Parties promised 4-7%) Pakistan – Facts –Shifts.. Democratic Deepening: -Elections 2013:65%+ Participation – Women/Men & ALL AGES

ENTITLEMENT CHALLENGES!!! ARTICLE 25- A (5-16 Years) “RIGHT TO FREE & COMPULSORY EDUCATION IN PAKISTAN” 23% CHILDREN ARE OUT OF SCHOOL (ASER 2012) Approx % of the population of settled areas can be reached through surveys % are the invisible yet economically active population groups – date & rag pickers, mohannas-boat people, nomads, displaced etc.

Citizens’ Movement for Quality Education (CMQE) Citizens’ Movement For Quality Education (CMQE) Nationwide scalable campaigns triggered by evidence on quality and access RTE Right to Education Learning 4 Access Chalo Parho Barho (CPB ) Childrens’ Literature Festival A S E R Annual Status of Education Report

Two Million Signatures completed since March 2012 – partners and youth led 1 st Million led to passing legislation on Nov For Right to Education Article 25 A in Pakistan 2 nd Million signatures by Out of School Children to push for legislation, rules and Implementation – with tracking by ASER Endorsed by Gordon Brown Media literacy workshops on ASER /RTE Political parties dialogues on RTE 25 A

Background & Introduction Education is considered a fundamental right – many countries have included Right to Education in their constitution and enforce it by law e.g. India, Sri Lanka The government of Pakistan has also included Right to Education (RTE) in its constitution through Article 25A of the 18th amendment Importance of education: – According to Amartya Sen -> Education leads to capability expansion – UNESCO -> literacy helps eradicate poverty, reducing child mortality, curbing population growth, achieving gender equality and ensuring sustainable development, peace and democracy Hence, there is a need to implement RTE in Pakistan

Before 18 th amendment – Article 37B of the constitution stated: “the state shall remove illiteracy and provide free and compulsory secondary education within minimal possible time”. According to a Public Interest Litigation filed by Centre for Peace and Development Initiatives (CPDI): “Article 37… was a part of the Principles of Policy in the Constitution, whose implementation was an obligation of the State but subject to the availability of resources. But, since the insertion of Article 25-A in the Chapter on Fundamental Rights, the State is duty bound to provide free and compulsory education to all children of the age of 5 to 16 years without offering any excuses about lack of resources.”

How a bill is passed into Law Draft Bill Bill passes through different stages in parliament Writing of the bill is the responsibility of the ministers/lawyers/parliamentary or legislative council after consultations Bill passed 3 readings and review committee revises the bill Bill introduced in the Senate and passed to become an “Act of Parliament” Implementing the Law Act is implemented and becomes “Law of the Land”

18 th Amendment 2010 Article 25A included in constitution on April 19, – Education devolved – RTE a Fundamental Right – Earlier Article 37B (principles of policy) The statement of Article 25 A of the 18 th amendment is as follows: “The State shall provide free and compulsory education to all children of the age of 5 to 16 years in such manner as may be determined by law”.

RTE Pakistan: Timeline for Implementation Implementation Rules of Business to be finalized ICT Bill to be signed by the President to become an Act Passing of RTE Bill by National Assembly for ICT; 13 November 2012 Passing of RTE Bill by Senate for Islamabad Capital Territory; July 19, 2012 Draft Legislation proposed for RTE by Punjab & KPK Inclusion of Article 25A; 19 April th amendment April 2010; devolution of power

ProvinceStatus of LegislationNature of Legislation ICT/Islamabad)Passed in the Parliament on December 19 th, 2012 Right to Free and Compulsory Education Act, 2012 SindhPassed in Province on March 6 th, 2013 Right of Children to Free and Compulsory Education Act, 2013 BaluchistanPassed in Province on March 15 th, 2013 Baluchistan Compulsory and Free Ordinance, 2013 Khyber Pakhtunkua (KPK)Working on Draft legislationDraft Bill Punjab First draft legislation prepared by PML-Q in 2012 Not available Azad Jammu and Kashmir (AJK)Not available Gilgit Baltistan (GB)Not available

Right to Education Campaign; A Multi-level Mobilization Political Parties Media & RTE Ambassadors Civil Society Youth Education First /Article 25A

Importance of Youth Youth is defined as “ the population that falls within the age bracket of 15 – 29 years” according to the Ministry of Affairs of Pakistan Labor Force Survey estimates 27.63% of population of Pakistan to consist of Youth Between and there was an increase in the youth population by 1.8 million (Source: UNDP)

Responsibility of Youth according to Law According to Right to Free and Compulsory Education Act, 2013 Article 22, subsection 1

Functions of Youth Understanding the debate on RTE at a national and regional level Ownership and accountability of laws, committees and debate on RTE Access to all relevant forums and resources in the public and private sector Creation of a youth pressure group to direct policy makers to make education a priority sector Methods of implementation to distinguish from other pressure groups

What is “YOUR” opinion? 1.What do you think of the current status of education? 2.How can you improve the status of education? 3.Would any of you be willing to become an ambassador of education? 4.Should “distance teaching” be made compulsory for graduation?

THANK YOU Website: ww.rtepakistan.org Facebook: rtepakistanww.rtepakistan.org