“Seminar & Policy Discussion on Right To Education (RTE): Perspectives from South Asia" Islamabad January 17, 2014

Key Objectives: 1. Taking stock of the RTE regimes and status at the regional level in the context of EFA goals and MDGs. 2. To highlight the challenges and progress of South Asia particularly the participant countries on quality/learning and teacher challenges with reference to Post 2015 Development conversations. 3. To share information on practices and possibilities towards quality/learning, partnerships and private sector in implementation of RTE in each context. 4. To provide recommendations on the way forward for RTE and the Post 2015 Development Agenda

“Seminar & Policy Discussion on Right To Education (RTE): Perspectives from South Asia" Session 1: National RTE Perspectives Session 2: Status and Implementation in other countries – challenges of Quality(teachers - learning) Session 3: RTE: Partnerships and Private Sector- scope & on whose terms Session 4: A Panel Discussion on RTE: New Directions for South Asia – informing the Post 2015 Development Goals

Session I: National RTE Perspectives Updates on 25 A from each province and ICT Provinces present their position on Right to Education or Article 25 A Any legislation has taken place? If Legislation has taken place are the rules in place or being made? Is 25 A reflected in the Education Sector Plan of the province /Area? Has any costing been done of what sort of funds/resources are needed

Right to Free and Compulsory Education Act 2012 – Islamabad Capital Territory (ICT) Bill passed on July 09, 2012 Main Clauses of the Act: The Act consists of 29 Articles Under the act, every child, regardless of sex, nationality or race, shall have a fundamental right to free and compulsory education in a neighborhood school. Provision for Special Education in Schools After the commencement of this act all schools shall register with the government whether public or private or otherwise be fined. It is the duty of the government to establish schools and share other financial responsibilities Parents who would refuse to send their children to schools would be fined with penalty of 25,000 rupees and three month imprisonment Provision of pre-school facilities and obligation on private schools to provide free education This act particularly speaks about the norms and standards of schools and establishment of a “School Management Committee "with reference to Article 15 &16 For the service of teachers, this act lays downs the terms and conditions of service of teachers (Article 17) along with the duties of teacher (Article 18) The Act incorporates the monitoring of the medical and dental inspection of a child overseen by the “Education Advisory Council” The Act also defines miscellaneous clauses such as “Awards (Article 23)”, “Inspections and directions (Article 25)”, “Prosecution of offenses (Article 26)” and concluding with Article 27,28 & 29 defining authority of the government in special circumstances

THE SINDH RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION BILL, 2013 The Bill was signed on March 6th, 2013 by the Governor of Sindh This Act consists of 30 Articles divided into 8 Chapters This Law is in enforcement over the entire province of Sindh, pending rules of implementation Main features of the bill: Right of free and compulsory education to all children Refers to special provisions for education in case of enrollment and right of transfer Duty of government or local authorities to establish a school as per financial obligations, school attendance, provision of “pre-school education” and structure Responsibility of private schools to provide free and compulsory education extending towards finances (school registration and fee structure), admission of children and norms and standards of functioning Functioning and structure of public and private schools; establish “School Management System”, duties of teachers (qualification & services) and other matters related Formulation of curriculum and evaluation procedure Implementation and monitoring of child’s right to education to include an “Education Advisory Council” overlooking the welfare and development of the child and the system of awards Miscellaneous procedures of registration, inspection and direction, prosecution of offences, over-riding effects and power to make rules by the Government of Sindh

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

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN RTE Provision Chapter 1 - Fundamental rights (Chapter 1-Fundamental Rights) Art. 25 (a) The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. Article 22: (1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. (3) Subject to Law, (a) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and (b) No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth. (4) Nothing in this article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.

THE CONSTITUTION OF INDIA Article 21-A: Right to Education: (Part III-Fundamental Rights) The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. (EIGHTY-SIXTH AMENDMENT ACT, 2002) Art. 41. Right to work, to education and to public assistance in certain cases. Art. 45. Provision for free and compulsory education for children. Art. 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Art. 51A (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. (EIGHTY-SIXTH AMENDMENT ACT, 2002) Status of Implementation: Through Eighty Sixth Amendment, Article 21A was inserted in the Indian Constitution on 13th December 2002. The Right of Children to Free And Compulsory Education Act or RTE Act, 2009 was passed on 27th August 2009 RTE Act came into effect on 1 April 2010 All state and union territory governments have issued the RTE Rules, or adopted the Central RTE Rules, except for Goa and Karnataka, which are yet to notify the state RTE rules.

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH Article 17 Free and compulsory education (Part 2-Fundamental Principles ) The State shall adopt effective measures for the purpose of – a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; removing illiteracy within such time as may be determined by law.    Article 15: Provision of basic necessities It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens- a) The provision of the basic necessities of life, including food, clothing, shelter, education and medical care;   http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf

INTERIM CONSTITUTION OF NEPAL (Part 3-Fundamental Right) Article 17: Education and Cultural Right: 17 (1) Each community shall have the right to receive basic education in their mother tongue as provided for in the law. (2) Every citizen shall have the right to receive free education from the State up to secondary level as provided for in the law (3) Each community residing in Nepal has the right to preserve and promote its language, script, culture, cultural civilization and heritage.   18 (3) Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children. http://www.worldstatesmen.org/Nepal_Interim_Constitution2007.pdf

ISLAMIC REPUBLIC OF AFGHANISTAN- THE CONSTITUTION OF AFGHANISTAN Chapter Two: Fundamental Rights and Duties of Citizens: Article 43 Education is the right of all citizens of Afghanistan, which shall be offered up to the B.A. level in the state educational institutes free of charge by the state.  To expand balanced education as well as to provide mandatory intermediate education throughout Afghanistan, the state shall design and implement effective programs and prepare the ground for teaching mother tongues in areas where they are spoken. Article 44 The state shall devise and implement effective programs to create and foster balanced education for women, improve education of nomads as well as eliminate illiteracy in the country. Article 45 The state shall devise and implement a unified educational curriculum based on the tenets of the sacred religion of Islam, national culture as well as academic principles, and develop religious subjects’ curricula for schools on the basis of existing Islamic sects in Afghanistan. Article 46 Establishing and administering higher, general and specialized educational institutions shall be the duty of the state.  The citizens of Afghanistan shall establish higher, general and specialized educational as well as literacy institutions with permission of the state.  The state shall permit foreign individuals to establish higher, general and specialized institutions in accordance with the provisions of the law.  Admission terms to higher educational institutes of the state and other related matters shall be regulated by law. Article 47 The state shall devise effective programs for fostering knowledge, culture, literature and arts.  The state shall guarantee the copyrights of authors, inventors and discoverers, and, shall encourage and protect scientific research in all fields, publicizing their results for effective use in accordance with the provisions of the law. Chapter One: State Article 17 The state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and improve the condition of mosques, religious schools as well as religious centers. http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf

Session III Focus on Quality - teachers Focus on Private Sector engagement with RTE – role and on whose terms Financing of RTE ..

Session IV RTE and Post 2015 Development Agenda RTE scope Post 2015 scope and conversations