8.2. Trends in Constitutional, Legal, Policy and Institutional Reform

At the regional level, the Regional Coordination Group for SDG4-Education 2030 in West and Central Africa adopted the Acceleration Strategy in 2019. This aims to stimulate the pace of progress within the education sector towards the achievement of SDG 4 and CESA in 24 West and Central African countries.2103 In the East African region, the EAC Gender & Science Technology Framework promotes gender mainstreaming and gender equity, entrepreneurship training and education. In the Southern African region, the SADC Gender Policy supports equal access for girls and boys to science and mathematics education, as well as access for women and girls to tertiary education in non-traditional subject areas, encouraging women’s involvement in science.2104

Education remains a priority among the AU Member States. According to the African Economic Outlook 2020 report, published by the African Development Bank, African governments devote on average 5% of their national gross domestic product (GDP) to education, and nearly half of the countries meet the UN targets of 4% or more of GDP, and 15% or more of government budgets, being allocated to education.2105 While there are positive developments in terms of achieving Objective 4 of the AWD, though, gender disparities remain.

Achieve parity in education at secondary and tertiary levels and higher retention rates for girls

Constitutional reform: During the AWD, several countries adopted constitutional provisions on the right to education. The 2015 Constitution of Sahrawi Arab Democratic Republic guarantees the right to education.2106 The Constitution of Central African Republic states that, “each has the right of access to sources of knowledge. The State guarantees to any citizen access to instruction, to culture, and professional training” (Art. 9).2107 The 2020 Draft Constitution of Gambia is notable as it not only recognises the right to education but also stipulates that the State shall take measures, including affirmative action programmes, to ensure that women have access to relevant education and training (Art. 55).2108 At the time of writing, the Draft Constitution had not yet been adopted.

Several constitutions contain provisions on the role of the State in providing free education. The 2014 Constitution of Tunisia provides for free public education at all levels (Art. 39).2109 Similarly, the 2018 Constitution of Chad states that public education is free of charge (Art. 38).2110 Under the 2012 Constitution of Somalia, “every citizen shall have the right to free education up to secondary school” (Art. 30).2111 The 2014 Constitution of Egypt (revised in 2019) “grants free education in different stages in state educational institutions as per the law,” and commits the State to allocate “a percentage of government that is no less than 4% of GDP for education” and to “gradually increase this until it reaches the global rates” (Art. 19).2112 Other constitutions contain broad provisions on the role of the State in providing access to education free of charge.

Legal reforms: Some countries have adopted legal reforms relevant to promoting parity and the protection of students at the secondary and tertiary levels. The Tertiary Education Act 2011 in Seychelles promotes gender balance and equality of opportunity among learners and employees at the university level.2113 In Uganda, Circular No. 2/2015 (2015) “bans all acts of violence against children such as corporal punishment, and any negligent treatment. Such negligence includes; failure to meet the children/learners physical needs like menstrual hygiene-related needs for girls; sexual abuse such as defilement and rape, speaking to children in a sexual manner, making marriage proposals to learners and emotional violence in schools, institutes and colleges in Uganda.”2114 In 2015, the Tanzanian government issued Circular 5, which implements the Education and Training Policy 2014 directing public bodies to ensure secondary education is free for all children.2115 The Law on Children and Adolescents 2013 of Cabo Verde establishes that a pregnant student cannot be prevented from, or encouraged to interrupt, her education.2116

Policy reforms: Nearly all African countries have adopted national education sector policies, with specific goals for secondary and tertiary education. The Senegalese Education Sector Programme 2013–2025 includes goals to strengthen

girls’ access, retention and success, and to conduct campaigns to raise awareness and social mobilisation in favour of girls’ access to education.2117 The Education Sector Plan 2017–2021 of Liberia includes goals to ensure that all girls and boys complete free, equitable and quality primary and secondary education by 20302118 and equal access for all women and men to affordable and quality tertiary education, including university.2119 The Education Sector Plan 2018–2020 of Sierra Leone seeks to formalise the policy for re-entry of teenage mothers into the school system and to ensure all schools are safe for girls, by ensuring mechanisms are in place for taking legal action against perpetrators of offences.2120

Several countries have adopted strategies focusing specifically on girls’ education, such as the National Girls’ Education Strategy for 2018–2022 of Somalia and the National Strategy for Girl’s Education 2014–2019 of Uganda.2121 The National Girls’ Education Strategy (2014–2018, 2018–2023) of Malawi aims to advance girls’ education and tackle the barriers related to girls’ access to and participation.2122 The Girls’ and Young Women’s Empowerment Framework of Zimbabwe seeks to achieve equal access to education and parity in education and training enrolment and achievement at all levels by 2020.2123

Increase literacy levels of women through adult education

Constitutional reform: During the AWD, Angola, Comoros, Egypt and South Sudan adopted relevant provisions on eradicating illiteracy and promoting access to literacy. Under the Constitution of South Sudan (revised in 2013) also, all levels of government shall provide free illiteracy eradication programmes (Art. 2).2124 In other constitutions, however, the role of the State is broader. Under the 2010 Constitution of Angola, the State shall “promote access to literacy” (Art. 79)2125 and the 2018 Constitution of Comoros articulates that, “the progressive elimination of illiteracy is the objective of the State” (Art. 44).2126 The 2014 Constitution of Egypt (revised in 2019) commits the State to develop a comprehensive plan to eradicate both alphabetical and digital illiteracy for all citizens from all age groups and to carry out development implementation mechanisms together with civil society institutions (Art. 25).2127

Policy reforms: In the majority of countries, steps to eradicate illiteracy through literacy programmes are generally included in education sector plans or development plans. In Angola, the government has reinforced its commitment to education through the National Development Plan 2018–2022, which aims to increase literacy rates by making the Project for Literacy and Education accessible to all citizens, in particular women.2128 The National Literacy and Adult Education Strategy 2010–2014 of Mozambique has a specific focus on women and provides opportunities for women to develop the capacities and skills necessary to access opportunities and improve their socioeconomic situation.2129 Both Tanzania and Uganda have adopted National Action Plans for adult literacy.2130

Legal reforms: The Zambian Education Act 2011 establishes the right to basic education, including adult literacy education, high school education, equity in access to education and participation in and successful completion of education at all levels, irrespective of gender, social class or disability (Article 14.(1)).2131 In Zimbabwe, the Education Amendment Bill 2018 H.B.1 of 2019, amending the 2006 Education Act, mandates every school to offer non-formal education, including adult education, thus ensuring equal access to education for all.2132

Ensure the contribution of women scientists and their participation in ICT

Constitutional reforms: Three countries (Egypt, Libya and Morocco) adopted constitutional provisions on scientific research during the AWD. Under the 2014 Constitution of Egypt (revised in 2019), the State grants the freedom of scientific research sponsors, researchers and inventors and allocates a percentage of government expenditures – no less than 1% of GDP – to scientific research, which will gradually increase until it reaches global rates (Art. 23.)2133

Legal reforms: The government of Kenya passed the Science, Technology and Innovation Act in 2013. There is no evidence of other legal reforms in this area.