Education is not a privilege. It is a human right. The Universal Declaration of Human Rights (adopted in 1948) affirms that education is a fundamental human right for everyone. Specifically, Article 26 of the Universal Declaration of Human Rights proclaims that “everyone has the right to education”. This right was further detailed, recognized and developed widely by a number of international normative instruments elaborated by the United Nations, including the International Covenant on Economic, Social and Cultural Rights (1966, CESCR), the Convention on the Rights of the Child (1989, CRC), and the UNESCO Convention against Discrimination in Education (1960, CADE). The right to education has also been reaffirmed in other treaties covering specific groups (women and girls, persons with disabilities, migrants, refugees, Indigenous Peoples, etc.) and contexts (education during armed conflicts).

 

The right to education is legally guaranteed for all without any discrimination. The Government of Kenya has legal obligation to protect, respect, and fulfil the rights to education for all because Kenya has ratified most international treaties that protect the right to education, which form part of the country’s laws. The Constitution of Kenya, in Article 53 (1) (b) state that every child has a right to free and compulsory basic education and Article 55 (a) the State shall take measures, including affirmative action programmes, to ensure that the youth access relevant education and training. Minorities and marginalized groups under Article 56 (b) have a right to be provided with special opportunities in the field of education.

To give effect to the Constitution, the Basic Education Act (No 14 of 2013) has been passed into law to regulate the provision of basic education and adult basic education in the country. The Children’s Act also acknowledges and protects every child’s right to education. Other education laws guarantee the implementation of the right to education.

In addition, Kenya adopted various general and specific policies on education. The most recent are the second Medium Plan Term of Vision 2030 (2013) and the Policy Framework for Education and Training (2012).

 

Access to inclusive and quality education benefits both individuals and society. Education is fundamental for human, social, and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool in developing the full potential of everyone and ensuring human dignity, and in promoting individual and collective wellbeing.

 

 

Sadly, more than 2,340 out of almost 4,000 primary and secondary school teachers have left schools in Mandera, Wajir and Garissa counties. At least 836 have moved from Garissa, 287 from Wajir and 964 from Mandera, leaving only about 600 non-local teachers on duty in the region.

This is because Nancy Macharia, Teachers Service commission Chief Executive Officer has adamantly refused to allow teachers be posted to North Eastern and has withdrawn those who were willingly serving in the region. Nearly two years down the line, the problem remains unresolved and teachers who left are yet to be replaced.

 

The teacher crisis in Northern Kenya has exposed a huge flaw in our educational systems: INEQUALITY. The region relies on non-local teachers due to systemic failure by successive regimes to marginalize North Frontier District (NDF) in view of secession aspiration of northerners in 1962.

 

The Government of Kenya has not many any deliberate efforts to build capacity of Northerners to have local teachers trained and employed as a possible solution.

 

The prolonged teacher crisis is a serious one. Our children are suffering since they are in school, but there is no one to teach them. The Teachers Service Commission has not come up with any solution to address this. 

 

We already knew that unequal access to education can have a highly detrimental impact on Northern Kenya economies and societies. Now we are witnessing a fast intensification of this inequality, which can have long-term negative effects on entire generations of children from the North.

 

 

In light of the above, we want to petition the Government of Kenya to:

·       Declare that children from marginalized and hardship areas of Mandera, Wajir and Garissa are entitled to special provisions in the admission to secondary schools and public universities.

·       Acknowledge that the rights of children from marginalized and hardship areas of Mandera, Wajir and Garissa have been violated

·       Admit that the Government of Kenya through various agents and servants have used policies and laws to ensure that that the students from marginalized areas are disadvantaged and/or discriminated

·       Immediately post teachers to the marginalized areas of Mandera, Wajir and Garissa