UNITED

NATIONS

 

 

 

 

Distr.

GENERAL

 

E/C.12/2002/SA/4

19 March 2002

 

ORIGINAL : ENGLISH

                                                    

 

 

 

 

 

 

COMMITTEE ON ECONOMIC, SOCIAL

  AND CULTURAL RIGHTS

 

28th session

29 April-17 May 2002

Item 3 of the provisional agenda

 

 

 

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

 

 

Follow-up to the Committee's Day of General Discussion on Right to Education (article 13 of the Covenant) and to the World Education Forum(Dakar, April 2000), organized in co-operation with UNESCO

 

 

Friday, 10th May 2002, 15.00-18.00h

 

 

PREPARATION OF UNESCO'S MONITORING REPORT ON THE IMPLEMENTATION OF THE

DAKAR FRAMEWORK FOR ACTION AND POSSIBLE CONTRIBUTION BY CESCR IN

DEVELOPING CONCEPTUAL FRAMEWORK.

Document submitted by UNESCO*

 

 

 

 

 

 

 

 

 

 

 

---------------------------

*Reproduced as received    

 

 

GE.02-40854


 

Introduction

 

1.             UNESCO's Constitution provides that "Each Member state shall submit to the Organization, at such time and in such  manner as shall be determined by the General Conference, reports on laws, regulations and statistics relating to its educational, scientific and cultural institutions and activities, and on the action taken upon the recommendations and conventions (….)".(Article VIII). Thus, the Organization monitors the implementation of a number of standard-setting that it has elaborated relating to the right to education. In this context, EFA 2000 Assessment presented the results of a decade long efforts in the implementation of the World Declaration on Education for All: Meeting Basic Learning Needs (1990). It showed that despite an expansion in the education system, the disparities observed in access and quality are on an unprecedented scale.

 

2.             The international community made a collective commitment at the World Education Forum (Dakar, April, 2000) to realise before the year 2015 basic education for all as a fundamental human right. Effective implementation of the Dakar Framework for Action adopted at the World Education Forum is indeed one the biggest moral challenges of our times and requires monitoring in keeping with the provisions of article VIII of UNESCO's Constitution, mentioned above. As a co-ordinating agency for this global movement, UNESCO has assumed even greater responsibility in the field of the right to education. The Organization has, therefore, readjusted its education programme so as to focus on the Dakar objectives and priorities for achieving basic education for all, according high importance to monitoring the implementation of the Dakar goals.

 

Monitoring provisions and mechanism in the Dakar Framework for Action

 

The governments, organizations, agencies, groups and associations represented at the World Education Forum declared that they "will strengthen accountable international and regional mechanisms to give clear expression to these commitments". In order to achieve the goals set by the Dakar Framework for Action, they pledged themselves to a strategy, inter alia, to: "systematically monitor progress towards EFA goals and strategies at the national, regional and international levels"; (para. 8 xi) and to "build on existing mechanisms to accelerate progress towards education for all" (para. xii). Moreover, the Dakar Framework for Action stipulates that "Political will and stronger national leadership are needed for the effective and successful implementation of national plans in each of the countries concerned". (Para. 10).

 

In line with UNESCO's overall responsibility for co-ordinating the efforts of the international community for the realisation of the objectives of Dakar Framework for Action, monitoring developments in the implementation of its objectives is critically important. In a broader perspective, this must be linked to UNESCO's wide-ranging normative action. It must also be linked the way the implementation of the standard-setting instruments adopted by the United Nations is monitored.

 


 

Linking the Implementation to the Dakar Framework for Action to the Work of the United Nations Treaty Bodies and to the Implementation of other UN Instruments

 

5.          Monitoring the follow-up to the Dakar Framework for Action and developments related to the right to education must be seen in the context of the work of the relevant United Nations Treaty Bodies, notably the Committee on the Rights of the Child and the  UN Committee on Economic, Social and Cultural Rights (CESCR). It must also be seen in the context of (monitoring) reports the implementation of the relevant United Nations declarations.

 

UNESCO co-operates with the Committee on the Rights of the Child in monitoring the implementation of the Convention on the Rights of the Child (1989). The Organization contributed in the process of elaborating the General Comment No.1 (2001) on Article 29 (1) of the Convention on the Rights of the Child adopted by the Committee. This General Comment that "The child's right to education is not only a matter of access but also of content" It reflects fully UNESCO's concern, especially in view of the Dakar Framework for Action. UNESCO looks forward to working with the Committee on the Rights of the Child.

 

The United Nations Secretary General's Report (September 2001) on the World Declaration on the Survival, Protection and Development of Children, adopted at the World Summit for Children 1991, presents a critical appraisal of the progress achieved in the implementation of the Plan of Action for the Declaration, specially the challenges that lie ahead in universalizing access to basic education. It also depicts trends and the lessons learnt, linking these to the objectives and goals of the Dakar Framework for Action, wherever appropriate. The Report would thus be useful as regards the reflection on the importance of the follow up to the Dakar Framework for Action in the forthcoming General Assembly Special Session on Children in May 2002 in formulating the programme of action.

 

The implementation of the UN General Assembly Resolutions containing provisions on the right to education is also pertinent to the follow up to the Dakar Framework for Action. Thus, the UN General Assembly Resolution 56/116 on 'United Nations Decade Literacy Decade: education for all' (adopted on 19 December 2001) urges Member States, in close partnership with international organizations as well as non-governmental organizations "to promote the right to education for all and to create conditions for all for learning throughout life", while recognizing that persisting major problems require even more forceful and concerted action at the national and international levels so as to achieve the goal of education for all. Monitoring the implementation of the Dakar Framework for Action is closely linked with the proposed Plan of Action for the United Nations Literacy Decade (2003-2012), especially as this would reinforce the conceptual and legal bases of basic education for all as a fundamental human right, as reaffirmed by the Dakar Framework for Action.

 

The resolution 2001/29, entitled 'the right to education' adopted by the UN Commission on Human Rights on 20 april 2001 welcomes "the Dakar framework for action adopted at the world education forum held in Dakar in April 2000, and the goals agreed upon at its adoption". The follow-up to this resolution would contribute to the right to education as the resolution calls upon the States to "ensure progressively and on the basis of equal opportunity that primary education is compulsory, accessible and available to all"(para. 3 ). This resolution reiterates invitation to unicef and to UNESCO "to submit to the Commission information pertaining to their activities in promoting primary education, with specific reference to women and children, particularly girls.

 

UNESCO and UNICEF co-operate a spirit of recognizing and benefiting from each other's strengths and comparative advantages and share concern to meet the basic educational needs of children and their families. importance of UNESCO's normative action in the context of the follow-up to the Dakar Framework is recognized in the Framework Agreement between UNESCO and UNICEF on Collaboration in the Field of Education, of 9 February 1999, which sets out the main areas of collaboration on the basis of the commitments and interests shared by the two organizations. Consultations between them on the follow-up to the Dakar Framework for Action focused on their respective strengths: "UNESCO, with its mandate to take on a leading, normative role" is well placed to "promote policy discussions around basic education; set standards for principles of action and indicators of assessment; engage in high-level advocacy; strengthen partnerships with other EFA actors(…). The UNESCO/UNICEF Joint Committee on Education (JCE), established in 1989 addresses recommendations to draw the attention to new challenges and important trends in those areas.

 

"The 10-Year United Nations Girls' Education Initiative (UNGEI)"  which was launched by the United Nations Secretary-General at the World Education Forum in Dakar in April 2000, is a coherent United Nations system-wide collaborative programme led by UNICEF to improve the quality and level of girls' education and to eliminate gender bias and discrimination in education. Within the framework of UNGEI, UNESCO has made efforts to ensure that gender-related components are included in National EFA Plans. The role of UNESCO is to support UNGEI and, wherever possible, to influence leaders to make commitments in favour of gender equality in education. UNESCO has prepared a working document on Gender Equality in Basic Education - Strategic Framework, with special reference to non-formal education for girls and women". Particular attention is focused on issue of access and equity concerning girls' opportunities for primary schooling.

 

12.        Action in this respect would be strengthened as a follow up to the United Nations Millennium Declaration. In this Declaration, it is resolved to "ensure that (…) children everywhere, boys and girls, will be able to complete a full course of primary schooling and that girls and boys will have equal access to all levels of education" by 2015.

 

Monitoring the Implementation of the Right to Basic Education for All and UNESCO's collaboration with the UN Committee on Economic, Social and Cultural Rights (CESCR)

 

UNESCO has developed, particularly since 1999, closer collaboration with CESCR. Both UNESCO and CESCR have shared concerns and common objectives for promoting the right to education and achieving Education For All (EFA) goals. The General Comment No. 13 on Article 13 (right to education) of the International Covenant, elaborated by CESCR in co-operation with UNESCO, bears evidence to their collaborative spirit. It draws on the normative instruments and experience of UNESCO and specifically mentions the right to basic education for all as recognized by the World Declaration on Education for All (1990).

 

The monitoring role of CESCR covers the right to education, as set out in Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. Under the provisions of Article 16 § 1 of the International Covenant, the States have the obligation to submit reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized in the Covenant. These reports are examined by the CESCR in its periodic session, through a dialogue with the state party to the International Covenant. CESCR) thus is entrusted with the task of monitoring states parties' compliance

with their obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR), including the right to education as enshrined in the Covenant.

 

The CESCR attaches importance to the follow up to the Dakar Framework for Action, acknowledging that it "corresponds with major preoccupations" of its own as it is linked with the implementation of Articles 13 and 14 of the International Covenant. What is commendable is that since the World Education Forum (April 2001), CESCR has begun to have a dialogue with the State Parties to the International Covenant while examining their country reports on the status of the preparation of the national action plans, anticipated by the Dakar Framework and how they propose to implement these Plans.

 

 

18.        It is significant to note that the propositions by CESCR on the occasion of one day discussion on Substantive Issues arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights, organized on 7 May 2001 during the 25th Session of CESCR commends UNESCO's work and states that CESCR shares UNESCO's major preoccupations for promoting the right to basic education for all and in that spirit, the follow-up to the Dakar Framework for Action.

 

19.        The work of CESCR illustrates how monitoring the right to education as enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR) relates to the implementation of the Dakar Framework for Action.

 

Working methods of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) for Monitoring the implementation of the Right to Education

 

States that have chosen to ratify the Covenant on Economic, Social and Cultural Rights (ICESCR) are obliged to progressively realise the enumerated rights, subject to the availability of resources, among which the right to education is indeed of fundamental importance.

 

Every five years, each state party is obliged to submit a report to the Committee. Many states go to a lot of trouble and prepare excellent reports running to hundreds of pages. These reports cover all the rights in the Covenant and explain what the state is doing to implement the right to education (articles 13 and 14 of the International Covenant).

 

The Committee sets aside one to one and a half days to consider the report, in public session, with the state. The state usually sends a delegation from the capital to discuss the report with Committee members. The delegation is often headed by a Minister and may number fifteen or more governmental representatives. Committee members ask the delegation questions; the delegation does its best to reply - thus, a 'constructive dialogue' takes place. The Committee's over-arching role is to help the state better implement its legally binding obligations under the Covenant.

 

At the end of this public process, the Committee goes into private session and agrees on 'Concluding Observations' about the state. Once agreed in private among Committee members, these Concluding Observations are then made public. The Observations give credit to the state for any progress it has made. They acknowledge the obstacles the state is encountering e.g. the introduction of a structural adjustment programme. They identify the Committee's particular concerns e.g. low-levels of literacy or discrepancies between primary school enrolment rates for girls and boys. And they make sensible recommendations and suggestions. A prominent role is given to UNESCO in the Concluding Observations, recommending to Governments further action in this respect.

 

Five years after the Committee's constructive dialogue and the adoption of its Concluding Observations, the cycle repeats itself, enabling the Committee to check the progress made by the state in question.

 

It is highly significant to enhance the growing co-operation between UNESCO and CESCR for monitoring developments in the field of the right to education with a focus on the follow up to the Dakar Framework for Action . This would be propitious as a follow up to the resolution on economic, social and cultural rights adopted by the UN Commission on Human Rights in April 2001. The Commission decided "to encourage all UN specialized agencies and programmes whose activities bear upon economic, social and cultural rights to enhance their co-operation and increase co-ordination with the Committee on Economic, Social and Cultural Rights in a manner which respects their distinctive mandates and promotes their policies, programmes and projects". By the same token, the resolution also enjoins the Committee to enhance "its co-operation with United Nations specialized agencies, programmes and other bodies working on issues that bear upon the Covenant".

 

UNESCO and CESCR have recently begun to work together in a mutually supportive way. This co-operation is now becoming institutionalised in the wake of the recent decision by the Executive Board of UNESCO to establish a Joint UNESCO/CESCR Expert Group on the Right to Education. This will enable both of them to collaborate even more closely in realistic and practical ways for the realisation of the right to education as a fundamental human right.

 

Follow up to the Dakar Framework for Action  and Monitoring Report on EFA

 

The Dakar Framework for Action called for a Monitoring Report to inform the deliberations of the High-Level Group as part of their role in "holding the global community to account for commitments made in Dakar". UNESCO, therefore, recognizes that "Monitoring the state of basic education in the world plays a key role in UNESCO's Action Plan".

 

A first, and preliminary Monitoring Report on Education for All, 2001 was prepared by UNESCO in collaboration with major EFA partners, notably UNICEF and the World Bank, as the key document at the High-Level Group Meeting, which UNESCO's Director-General convened at UNESCO Headquarter in October 2001. It presents the progress of the EFA movement, particularly by highlighting important trends and findings. It is a valuable tool for advocacy and information sharing purposes. It also depicts problems and prospects for achieving the right to education. "It is now urgent than ever for the community of nations to redouble their efforts to work as partners towards the day when Education for All is translated from a seemingly distant dream to a reality for every child, young person and adult. Basic education is not only a "fundamental human right" for every individual; it is, as the Dakar Framework for Action puts it, key to sustainable development and peace and stability among nations".

 

The Communiqué issued at the end of the first meeting of the High Level Group calls upon all EFA partners to redouble their efforts to meet the goals and targets of Education for All. It states that an authoritative, analytical, annual EFA Monitoring Report should be produced drawing upon national data - quantitative and qualitative - and assessing the extent to which both countries and the international community are meeting their Dakar commitments.

 

Keeping in view the recommendations of the High Level Group, UNESCO consulted key partners to discuss how the Monitoring Report can best be prepared, managed and resourced. The First meeting of the Editorial Board for Monitoring Report on Education for All, organized for this purpose in January 2002 at UNESCO Headquarter, Paris, recommended that the Monitoring Report should set EFA in the wider context of sustainable development. It should aim to create awareness, induce change and alert the world to

 

the critical issues, bottlenecks and problems in EFA progress and serve as an advocacy tool, based on a rigorous analytical approach.

 

31.        It was also recommended that the Monitoring Report must include progress on all six Dakar goals in each edition. In 2002 it should in addition report on progress in the preparation of national EFA plans, and an attempt should be made to assess the nature and extent of political commitment to EFA. The 2002 report must be cast in the framework of assessing how far we have come in the two years since Dakar. The Monitoring Report, which should be authentic, independent, and authoritative, should present analysis - it should have a prescriptive, not merely descriptive role. The Report should act as an early warning system in order to identify potential points of challenge and difficulty in EFA

 

32.        The main responsibility for collection, analysis, and interpretation of data on the six Dakar goals has been entrusted to the UNESCO's Institute for Statistics (UIS). The Institute has set up the EFA Observatory. Its objectives include: (1) Collection, analysis and dissemination of up-to-date information on the state of education required by countries, regions and the international community to monitoring progress towards the goal of EFA; (2) provide regular assessments to help governments develop, review and amend national policies as necessary to ensure that the EFA goals are achieved in all countries as soon as possible; (3) Develop statistical systems in order to provide 'early warnings' of possible failure to attain the long-term targets; (4) Develop interim targets positioned at carefully calculated intervals so that interim monitoring can take place and appropriate interventions can be implemented quickly and effectively. The Institute will develop an "EFA development index" that will bring together several pertinent indicators as regards progress towards the objective of Education for All; new indicators will be developed, making it possible to tackle more precisely questions of quality, results, etc. ». There is need for "new procedures for collecting additional data to measure educational quality" and "to fine-tune existing EFA Indicators to the diverse needs of developing countries".

 

 

36.        Collaborating work by CESCR and UNESCO on monitoring the developments in the right to education would enable to explore further the right-based approach which deserves full attention as well as the concept of education as common good. In this respect, it is pertinent to bear in mind Part III of the General Comment No. 13 on article 13 of the International Covenant on Economic, Social and Cultural Rights, elaborated by the UN Committee


 

on Economic, Social and Cultural Rights (CESCR) in collaboration with UNESCO entitled "Obligation of Actors other than State Parties". It provides that "When examining the reports of States parties, the Committee will consider the effects of the assistance provided by all actors other than States parties on the ability of States to meet their obligations under article 13. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to education"..

 

Issues for Discussion

 

37.        Contribution by CESCR to the preparation of future Monitoring Reports on the Right to Education, especially right-based approach, will be vital. This will make it possible for UNESCO to benefit from the rich experience CESCR possesses in this field. This will also be significant in the context of the work of the UNESCO/CESCR Joint Expert Group, whose coming into being will institutionalise the collaboration between CESCR and UNESCO.

 

38.        Among the serious questions to be addressed, enabling the marginalized and under-privileged sections of society, especially girls and residents of remote rural areas, to exercise their right to education, is indeed a challenging task. How to give impetus to mass social mobilisation campaigns and advocacy measures, involving more actively civil society, for promoting the right to education?

 

39.        The Dakar Framework for Action refers to the right to basic education for all as a fundamental human right and to primary education that is free, compulsory and of good quality. Can UNESCO/CESCR jointly with EFA partners agree on a universal definition of quality and in that framework to develop indicators for measuring quality education? In this respect, it may be mentioned that at an Informal Expert Consultation, organized at UNESCO Headquarter in March 2001, experts recommended that the possibility of UNESCO/CESCR adopting consistent right to education indicators as well as a common understanding of key concepts (such as 'basic education', 'quality education' etc) be explored.

 

 

 

 

 

 

 

 

The other elements of the strategy to which they pledged and which a bearing on the monitoring the follow up to the Dakar Framework for Action are:

(ii)           promote EFA policies within a sustainable and well-integrated sector framework clearly linked to poverty elimination and development strategies;

(iii)          ensure the engagement and participation of civil society in the formulation, implementation and monitoring of strategies for educational development;

(iv)          develop responsive, participatory and accountable systems of educational governance and management;

                […]

(viii)        create safe, healthy, inclusive and equitably resourced educational environments conducive to excellence in learning, with clearly defined levels of achievement for all;

enhance the status, morale and professionalism of teachers.

 

The Dakar Framework for Action - Education For All: Meeting Our Collective Commitments, adopted at the World Education Forum, 28 April 2000, Dakar, Senegal, April 2000 (para. 8).

See "We the Children - Meeting the Promises of the World Summit for Children, UN Secretary General's Report", United Nations, New York, September 2001.

Commission on Human Rights, Resolution 2001/29, (E/CN.4/RES/2001/29), dated 20 April 2001.

Recommendations of the UNESCO/UNICEF Joint Committee on Education, documents 160 EX/9 and Corr., Paris, September 2000 (paras. 3 and 4).

Report of the Director-General on the implementation of and follow-up to the Framework for Action of the World Education Forum in Dakar, 162 EX/7 (paragraph 16).

United Nations General Assembly resolution 55/2, adopted on 8 September 2000 (Para. 19).

This General Comment states: "In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All" (para. 22). It makes reference in several places to the UNESCO's Convention against Discrimination in Education (1960) and contains several provisions relating to non-discrimination in the field of education. General Comments No. 13 on the right to education (Article 13 of the Covenant), adopted by the Committee on Economic, Social and Cultural Rights at its twenty-first session in 1999. E/C. 12/1999/10, 2 December 1999.

The Committee consists of 18 independent experts who are nominated by states and then voted by ECOSOC to serve for four-year terms. The Committee members are independent experts acting in their personal capacities and are not governmental representatives. 

This is acknowledged in the letter the Chairperson of CESCR wrote on 22 August 2000 to the Director-General of UNESCO.

The reply by the Director-General of UNESCO dated 10 November 2000 to the letter by the Chairperson of CESCR dated 22 August 2000.

Statement by Professor Virginia B. DANDAN, Chairperson of CESCR, Monitoring the Right to Education: Dialogue between the Committee on Conventions and Recommendations (CR) and the Chairperson of the UN Committee on Economic, Social and Cultural Rights (CESCR) - Informal Meeting, Executive Board, 161st Session, UNESCO, Paris, 21 May 2001.

The reports of several states considered by CESCR in its most recent sessions bear evidence to this. Following the constructive dialogue with the Bolivian delegation, the Committee adopted Concluding Observations regarding Bolivia, including the following:

 

The Committee recommends that the State party gives priority to education in its budget, establishes literacy programmes for adults, in particular in the rural areas, and makes efforts to increase the school attendance levels of children under the age of nine. In this regard, the State party is urged to implement a comprehensive National Education for All Plan, as anticipated by paragraph 16 of the Dakar Framework of Action, taking into account the Committee's General Comments numbers 11 and 13. (para 44)

 

Similar recommendations were adopted in relation to Honduras and Venezuela. In its Concluding Observations on Honduras, the Committee specifically added:

 

The State party is also encouraged to seek technical advice and assistance from UNESCO in relation to both the formulation and implementation of its EFA Plan. (para 51)

 

A similar recommendation was adopted in relation to Venezuela.

Statement by Virginia B. Dandan, Chairperson, UN Committee on Economic, Social and Cultural Rights- Monitoring the Right to Education: Dialogue between the Committee on Conventions and Recommendations (CR) and the Chairperson of the UN Committee on Economic, Social and Cultural Rights (CESCR) - Informal Meeting, Executive Board, 161st Session, UNESCO, Paris, 21 May 2001.

 

In the last two years, UNESCO and the Committee have greatly improved their collaboration. For example, UNESCO was closely involved in the drafting of the Committee's recent General Comment No.13 on the right to education (which was adopted before the World Education Forum was organized). It is not a coincidence that this General Comment - which is the most detailed normative elaboration of the right to education in the UN system - contains numerous references to UNESCO's standard-setting instruments, notably the World Declaration on Education for All (1990).

E/CN.4/2001/L.42. The Commission on Human Rights, which consists of governmental representatives, is the most influential human rights body in the UN system.

Implementation of and follow-up to the Framework for Action of the World Education Forum in Dakar, Document 160 EX/8 (paragraph 15).

Foreword to the Monitoring Report on Education for All, 2001 by the Director General of UNESCO.

Report of the First meeting of the Editorial Board for Monitoring Report on Education for All, organized at UNESCO Headquarter, Paris (29 - 30 January 2002). The Meeting brought  together key stakeholders from the international community (ADEA, UNDP, UNICEF, World Bank), NGOs, representatives of bilateral donors.

Ibid.

Ibid.

Statistical Document Education for All 2000 Assessment, International Consultative Forum on Education for All, World Education Forum, Dakar, Senegal, 26-28 April 2000 (Appendix II).

General Comments No. 13 on the right to education ( Article 13 of the Covenant), adopted by the Committee on Economic, Social and Cultural Rights at its twenty-first session in 1999 (Para. 60). see E/C. 12/1999/10, 2 December 1999. This General Comment states : "In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All". It makes reference in several places to the UNESCO's Convention against Discrimination in Education (1960) and contains several provisions relating to non-discrimination in the field of education.