ABSTRACT

Education is one of the most fundamental human rights, yet children across Africa find it difficult to enjoy this right due to the ongoing conflicts. The educational institutions in areas like Baringo in Kenya, the Northern Nigeria and Sudan have been faced by constant threats of violence, which makes it difficult for children from these regions to access even the most basic schooling, as they opt to stay safely at home. This paper therefore seeks to discern how, and which mechanisms have been deployed by African human rights systems to help intervene the situation by safeguarding the right to education within these volatile environments. The paper will examine how the Baringo conflict, the ongoing South Sudanese civil war and the Boko Haram insurgency have affected the right to basic education in those regions and how the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and other regional and international bodies have responded to these crises. As Hon. Lady Justice Imani D. Aboud said at the commemoration of the international day of the African child, children are the rock of our future and we cannot ignore harmful practices that hinder them from realizing their rights. Through doctrinal research methodology, this paper brings forth the successes and the challenges faced in protecting the right to education in Africa’s most vulnerable regions.

Key words: conflict zones, right to education, Africa,

1.0   INTRODUCTION

“I am firmly convinced that the legal profession has a crucial role to play in advancing more access to education by campaigning against discrimination and barriers to schooling. This can be achieved by defining and interpreting what the right to education entails, and helping states to solidify the obligations.”[1] Indeed, the sentiments of the Honourable Attorney General of the Republic of Kenya encapsulates the urgent need of the African states, especially those engulfed in conflicts, to have a strong framework, both legal and institutional to safeguard the fundamental right to education.

Across Africa, the right to education is under siege, with millions of children being deprived of their right to education. Poirier aptly notes that the shadows of conflicts has stretched throughout the Sub-Saharan Africa, casting a very dark pall over school attendance and the enrolment rates in secondary schools.[2] From the rampant cattle-rustling raids in Kenya's Baringo County to the civil war in Sudan and the marauding terror of the notorious Boko Haram militia in Nigeria, education systems are caught in the crossfire. In these regions, where the earth literally trembles with the movements of the armed groups, schools close, teachers definitely flee and a climate of constant fear looms over the lands.[3]

The right to education has been enshrined in   several international and regional legal instruments, including but not limited to, the Universal Declaration of Human and Cultural Rights, and the African Charter on Human and Peoples’ Rights. Yet, despite Africa having all these legal shields in place, the enraged flames of war and conflicts still continue to lick at the very foundations of education in Africa. These fires, once contained, now burn brighter and hotter, threatening to consume the future of entire generations.

In the hilly region of Baringo County in Kenya, young men armed to teeth with assault rifles, including AK-47 and G3 are only interested in one thing – cattle, which they must get no matter the circumstances. Within certain communities, the stories of young cattle rustlers did not begin yesterday, the practice has been passed down from generations, with successful cattle rustlers being praised while those who fail are ridiculed by the community.[4] The residents of Baringo use livestock and their products for food and get money from selling them.[5] Further, the communities use camels, cows and goats to measure a person’s wealth, thus, the more the number, the wealthier the person.[6]

The impacts of cattle rustling are vast and morbid to say the least, especially on the educational sector. Schools have been closed and/or destroyed, roads leading to these institutions have also been destroyed or are impassable by anyone due to fear of attack.[7] Chemaso and Muhindi also note that children and teachers alike have been caught in the crossfire, often with fatal consequences or left sustaining lifelong injuries.[8] Literature on the negative effects of banditry on education suggest that breadwinners who end up joining the bandits means they cut short the school fees of their dependent siblings, ultimately leading to increased drop out levels in the region.[9] Teachers too are affected since they either fall victim to the banditry or just refuse to teach around those areas due to the high-risks related.[10] Additionally, displacement of learners lead to disconnection between the learners and their schools and the atmosphere of violence discourages private investment in education around Baringo.[11]

In Nigeria, Boko Haram—a name that strikes nothing but fear—sweeps across the land, its message as clear as it is brutal: "Western Education is Forbidden”.[12] The group started off as an opposition against the Western ideologies, but grew into a storm of radical extremism, leaving death and destruction in its path. Their infamy reached its peak around 2015, when the Global Terrorism Index named it the world’s deadliest terrorist group, surpassing the Islamic State Group.[13]

While it is not clear why Boko Haram came into being, study suggests that it bears a fractured history. In the spirit of the disparity between the literacy levels of Northern and Southern Nigeria—a divide rooted in the colonial era when the British allowed the North to remain an Islamic stronghold while funneling the chunk of the resources to Christian schools in the Southern parts of the country, Boko Haram thrived.[14]The Western education, which only the South were privy to, became very essential in the job market post-colonialism and because only a few people from the North ever went to school, the rest of the population build up resentment towards it which eventually exploded into violence.

Boko Haram's reign of terror is not just a tale of bullets and blood, but of dreams stolen in the dead of night. In 2014, the world watched in horror as the group kidnapped 267 schoolgirls from the town of Chibok, turning education, once a shining symbol of dream into a nightmare. [15] This came as a retaliation against the government when it led a crackdown in 2009 against its members and ultimately killing over 700 members, including their leader and founder, Mohammad Yusuf. [16] This was no ordinary crime, but a calculated strike against the very essence of progress, as the aftermath was morbid to say the least.

In Sudan, the story of conflict is written in the sands of Darfur, where the government and rebel forces clashed in a brutal war that began in April 2003.[17] The Sudan Liberation Army and the Justice and Equality Movement, both hungry for power, rose up to what they believed to be injustices perpetuated by the government. [18] The war raged on for over a decade, reaching its bloody climax in 2014.[19]  But even the fiercest of storms must eventually subside, therefore, in 2016, the government declared a unilateral ceasefire and a cessation of hostilities, bringing somewhat a fragile peace to a land scarred by years of war.[20]

Whereas Sudan has been haunted by a spectre of war since time immemorial, once again, around April 2023, it thrusted into the flames of conflict. This latest war has torn the peace – or what was left of it, to shreds, casting millions into uncertainty of the future. The United Nation’s Committee on the Rights of the Child (UNCRC) reported a staggering number of over 19 million children who are now out of school and another 4 million children who have been displaced.[21]  This, according to the UNCRC, makes Sudan the epicentre of the world’s largest child displacement crisis.[22]  The UNCRC went further to state that schools across the country have either been disclosed or at least 170 campuses have been turned into emergency shelters for internally displaced persons. Sudan’s war has long ceased to be a battle for land or power, but for the very future of its youngest people.

The violent conflicts that are sweeping across different regions in Africa – from the cattle rustling in Kenya’s Baringo County, to the radical extremism of the Boko Haram in Nigeria and the civil wars in Sudan – have immensely affected the access to education. In light of the above, it has become imperative to explore the specific threats that undermine education in these unstable regions. From physical destructions of schools, to displacement of students to the psychological impacts on the learners (which is barely talked about) will be revealed in broad daylight.

2.0  ANALYZING THE SPECIFIC THREATS TO EDUCATION IN CONFLICT ZONES

As I stated earlier, I can only equate armed conflicts to a raging storm that uproots that sweeps across the African soil, uprooting the very foundations of education and leaving millions of children deprived of their right to education. Its effects -immense, intense and dense. Schools, which were once the sanctuaries of learning, become battlegrounds and the aftermath is appalling to say the least. GCPEA speaks of this aftermath with the gravity it deserves, defining attacks on education as any threatened or actual use of force against students, teachers, academics, education support and transport staff, like the bus drivers, or education officials, as well as attacks on education buildings, resources, material or facilities (including school buses).[23]

2.1 INCREASED RISK OF GENDER-BASED VIOLENCE AGAINST STUDENTS AND TEACHERS

Conflicts not only decimates the educational infrastructure, but also place both the students and their teachers directly in harm’s way.[24] As highlighted in the 2011 UNESCO’s Report, children have been deliberately or insufficiently protected from the crossfires of the warring parties.[25] Such lack of protection strip them of their most basic human rights including their right to life, dignity and freedom of movement, with sexual related violence becoming an all-too-common atrocity in these regions.

The situation in Sudan showcases the severity of these violations. Since the outbreak of war in April 2023, the United Nations Human Rights Office, alongside Sudan’s Unit for Combatting Violence against Women, has documented at least 100 cases of conflict-related sexual violence.[26] In one harrowing instance, about 24 women were kidnapped by members of the Rapid Support Forces, taken to a hotel, and repeatedly raped at gunpoint.[27] Further, GCPEA identified reports of sexual violence at, or on the way to or from, school during the 2022-2023 period. One such incident happened on May 14, 2023 when alleged armed group fighters raided a dormitory for teaching staff at the Afhad University for Women, took two women to another building, and raped them.[28]

2.2      TARGETED ATTACKS ON SCHOOL

The most immediate threat in conflict zones is the deliberate targeting of schools, teachers and students. For one, schools are seen as places that promote ideologies that conflict with militant groups or symbols of state authority.[29] Groups like Boko Haram in Nigeria, whose name literally translates to “Western education is forbidden”, have time and again attacked schools, teachers and the students making schools unsafe for learning.[30] In 2014, a school in the city of Kano was completely destroyed by a blast detonated by a suicide bomber leaving at least eight people dead and twenty or more injured.[31] In Kenya, Al-Shabaab militants have similarly targeted schools in the North-Eastern region.[32] In a press release, Save the Children International reported that the number of violent attacks on schools and education in Sudan had increased fourfold since the start of the conflict in April 2023.[33] 

These attacks lead to mass school closure, fear among the student and most importantly - the loss of life, which demoralizes students and teachers from attending schools.[34] UNICEF reported that at least 120 schools close around the year 2014-2015 alone when the conflict between the government and Boko Haram had reached its bloody climax.[35]  Due to the fear of attacks on schools, the drop-out rate often sky-rocket in conflict zones.[36]

2.3       RECRUITMENT OF CHILDREN BY ARMED GROUPS

Another significant threat is the recruitment or abduction of children/students from or on their way to school by armed groups. In the outskirts of Sudan’s capital, Khartoum, unaccompanied children have been reportedly targeted by the Rapid Support Forces militia.[37] In fact, UNICEF reports that the number of children verified to have been recruited and used as parties to conflict in Sudan from 2005 to 2022 was 105, 000.[38] In Nigeria, Boko Haram’s infamous abduction of schoolgirls reign terror. For instance, on 14th April 2014, two-hundred and seventy girls were abducted from a secondary school in the town in Borno.[39]

The effect of presence of armed groups around schools is that it forces children, especially boys, to either flee their communities or join them under duress. This consequently disrupt their normal school attendance and embeds them in a cycle of violence that will hinder their reintegration into the community.[40] It is even worse for girls, as they face the threat of gender-based violence and trafficking, like in Borno city. GCPEA noted with concern that armed groups disproportionately target young adolescent women when chaos erupts.[41]

2.4     DISPLACEMENT OF POPULATION

Conflicts usually result in large-scale displacement, both internally and across borders. This increases the number of refugee camps- places where struggle for survival overshadows access to education. In Kenya for instance, refugees from the neighbouring Somalia and South Sudan populate regions like Daadab, where schools have not been given priority. In Sudan, the civil war has displaced at least 4.6 million children since April 2023, leading to establishment of camps with substandard educational facilities.[42] Nigeria also faces the same issue in the northeastern states where Boko Haram’s insurgency has displaced millions.

The effect of displacing people is that population get limited access to formal education, with few teachers, textbooks and safe learning environments. If wars and conflicts persist for a long time, it can lead to a “lost generation” of children, unable to learn – setting the national development back.[43] 

 

 

2.5     PSYCHOLOGICAL TRAUMA AMONG STUDENTS

Rizkalla states that displacement exposes children to poverty, child labour and domestic violence, negatively impacting their mental health.[44] Children living in conflict zones are exposed to violence, loss, and constant fear, leading to deep psychological trauma.[45] This affects their ability to focus, learn, and participate in school.[46] As Shekwolo notices, Nigerian children, particularly girls who have escaped or survived abduction by Boko Haram, suffer from post-traumatic stress disorder (PTSD), depression, and anxiety, which affect their capacity to engage with learning.[47]

Psychosocial trauma hampers cognitive development and can lead to behavioral issues, absenteeism, or complete disengagement from education.[48] Trauma-informed educational practices are necessary to help children in conflict zones recover, but in many cases, schools lack the resources to provide this support. The literature in child psychology and education emphasizes the importance of addressing mental health as part of ensuring the right to education in conflict zones.[49]

3.0    THE LEGAL FRAMEWORK PROTECTING THE RIGHT EDUCATION IN KENYA, SUDAN AND NIGERIA

The right to education is enshrined in various international, regional and national legal instruments, making it a basic human right. In conflict-affected regions like Kenya’s Baringo county, Sudan’s capital, Khartoum and Northern Nigeria, this right faces a lot of threat. This sub-topic will therefore explore the legal frameworks protecting the right to education in these three countries which share common struggles to ensure access to quality education for all. It will further examine the strengths of these legal frameworks and the corresponding weaknesses that may leave children susceptible to what I would refer to as “educational starvation”.

3.1     THE RIGHT TO EDUCATION IN KENYA

Kenya, which boasts to be East Africa’s powerhouse has firmly entrenched the right to education within its national legal framework.[50] The Constitution of Kenya, 2010 alongside legislations such as the Basic Education Act, 2010 and the Children Act of 2022 not only enshrines the right to education, but also mandate the government to take affirmative action measures to support the marginalized and minority groups, thus ensuring there’s equitable access to education.

3.11   THE CONSTITUTION OF KENYA, 2010

The Constitution of Kenya is not just a document, it is the lifeblood of the nation, the heartbeat that sustains the rights and freedoms of every person in Kenya. It guides the collective aspirations of every Kenyan, enshrining the values that bind the people together. Article 2 of the Constitution declares its supremacy over all – be it a person or the state organs at both levels of the government.[51] Every person is duty-bound to respect and defend this living document that breathes life into the nation’s soul.[52]

The Constitution while recognizing that education is the torch that lights the way out of darkness, grants every person the right to education, understanding that it is paramount in the social-economic spheres.[53] For the kids who Lady Justice Amina Aboud once described as the future of tomorrow, the Constitution carves their right to free and compulsory basic education into the stone of justice, making sure that no child is ever left to wander in the wilderness of ignorance.[54]

For the youth, the Constitution of Kenya speaks with the voice of a wise elder, reminding the State to take measures, including affirmative action programmes, to ensure that the youth access relevant education and training.[55] It further mandates the State to provide special opportunities in educational and economic fields to minority and marginalised groups through affirmative action programmes.[56]

3.12     THE BASIC EDUCATION ACT, 2013

This Basic Education Act No 14 of 2013 was enacted to give effect to Article 53 of the Constitution of Kenya and all other enabling provisions, such as treaties and conventions that promote and regulate free and compulsory basic education.[57] This Act was also enacted in the spirit of providing minority and marginalized groups in Kenya with special opportunities in the educational and economic fields as dictated by the Constitution.[58] This Act takes education with the seriousness it deserves, by not only giving every child the right to free basic education but also prohibiting parents from paying tuition fees.[59]

3.13    THE CHILDREN’S ACT, 2022

This Act was enacted to give effect to Article 53 of the Constitution of Kenya, 2010, which protects the rights of children below the age of 18. The Act provides free and compulsory education for every child in Kenya while obligating each parent and guardian to ensure their children are enrolled in a school.[60] The government, through the Cabinet Secretary has been obligated to formulate policies from time to time to ensure full realization of the right to education.[61]

3.2     THE RIGHT TO EDUCATION IN SUDAN

The right to education has undergone several changes over the years and across different regimes.[62]  As a nation submerged in years of conflict, Sudan’s situation in regards to protecting the right to education is more unique than those of its counterparts discussed herein. Despite this, Sudan has taken several steps to safeguard this right. The Constitutional Charter for the Transition Period of 2019 and the Child Act of 2010 have ensured that education is accessible to all.

3.21 THE CONSTITUTIONAL CHARTER FOR THE 2019 TRANSITIONAL PERIOD

At the pinnacle of the legal instruments in Sudan, lies the Constitutional Charter for the Transition Period of 2019.  Being a country marred with conflicts since time immemorial, this document offers solace to students and teachers alike.  The Constitution provides and stipulates that education is a right for every citizen, therefore, the state guarantees access thereto without discrimination.[63] Additionally, education at the general level is compulsory, and the state is obligated to provide it free of charge.[64]

3.22   THE CHILD ACT, 2010

This Act, mirrors the provisions of the Constitutional Charter for the Transition Period of 2019. The Act provides that the state ought to provide every child the right to general education free of charge. The state is to endeavour to provide free secondary education for orphans, children with disabilities and children of unknown parents and to include in the curricula spiritual and religious instructions, national instruction and instruction on the principles of human rights.

3.3     THE RIGHT TO EDUCATION IN NIGERIA

Nigeria, like most countries, considers education as an essential pillar for national development.    As such, Nigeria has enshrined the right to education in a number of legal instruments, including but not limited to, the Constitution of the Federal Republic of Nigeria (CFRN), as amended, the Child Act of 2003 and the Compulsory,  Free Universal Basic Education Act of 2004.

3.31  THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA (CFRN) 1999, AS AMENDED

The Constitution is the supreme law of the Federal Republic of Nigeria.[65] The Constitution however, is very vague when it comes to conferring the state with an absolute duty to provide education in the country. The Constitution provides that the government ought to direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.[66] Additionally, the government ought to strive to eradicate illiteracy; and to this end, the government ought (when practicable) to provide free compulsory and universal primary education together as well as free secondary and university education.[67] Depending on the interpretation of the wordings of the Constitution, one  might construe the provisions to mean that the government can and may only provide free education or eradicate illiteracy when it feels like there is need to do so or only when it is practical. But what does “practical” mean?

3.32   THE CHILD ACT OF 2003

This Act has been in force for more than two decades and contains lofty aspirations and beneficial provisions for the Nigerian Act.[68] Section 15 of the Act provides that every child has the right to free, compulsory and universal basic education and it shall be the duty of the government of Nigeria to provide such education.[69] Further, the Act confers a positive duty on every parent or guardian to ensure that each child attends and completes primary and junior secondary school education.[70] It is a very serious offence for any parent or guardian to fail in the duty imposed on him under subsection 2 of Section 15 of the Act.[71] The liability of such an offender includes inter alia; community service – on first conviction and on second conviction; two thousand naira fine is imposed, or imprisonment of not more than a month.[72]

What obviously stands out is the fact that the Act does not confer any liability to the government for failure to ensure every child receives free, compulsory and universal basic education. Nwozor and Okhilu observe that although there is a very solid Act safeguarding the right of every child in Nigeria, there are still huge gaps in the literacy level in Nigeria, especially in the Northern states.[73]

3.33   THE COMPULSORY, FREE UNIVERSAL BASIC EDUCATION ACT OF 2004

This Act endeavours to ensure uniform and qualitative education throughout Nigeria.[74] It kicks off by obligating every government in Nigeria to provide free, compulsory and universal education for every child of primary and junior secondary school.[75] Just as the Child Act of 2003, this Act also obligates the parents and guardians to ensure that their children attend and complete their primary and junior secondary education. The government has been tasked with ensuring that every parent or person who has the care and custody of a child performs the duty imposed on him.[76]

The Act also establishes the Universal Basic Education Commission whose functions include, but not limited to; formulating policy guidelines to ensure the success of the universal basic education program in the Federation.[77] Additionally, the Commission prescribes the minimum standards for basic education throughout Nigeria, it also ensures that adequate basic education facilities have been provided and advise the federal government on the proper funding of the programme in Nigeria.[78]

3.34   THE NATIONAL POLICY ON SAFETY, SECURITY AND VIOLENCE-FREE SCHOOLS WITH ITS IMPLEMENTING GUIDELINES, 2021

Around May 2015, the Safe Schools Declaration (SSD) was opened for endorsements by countries all over the world at the international conference held in Oslo, Norway. The SSD, as will be discussed on the next chapter, serves as a commitment to protecting the educational institutions, students and teachers during armed conflict. The SSD further encourages governments to adopt measures that safeguard learning environments from military use and also prevent attacks on schools.[79] This policy therefore came into being in order to guide the implementation of the SSD nationwide.[80]

This is one of the few policies that actually aims to address safety and security challenges in schools, especially around those areas with disrupted academic activities. The government has prioritized the safety of schools and the children and teachers that go there, ensuring that it is intolerant to any threats to life and property caused by man or natural causes.[81] The policy further provides for the guiding principles and procedures that will protect children from violence and exploitation while they are merrily enjoying their right to education.[82] The policy also sets provides for prevention and response mechanisms at the national, state, local government and the school levels.[83] Last but not least, the policy provides crystal clear directions on early warnings, disaster risk reduction and disaster risk management.  Once the policy becomes fully operational, all schools in Nigeria will have a policy on creating safe, secure, and violence-free settings for learners.

4.0  REGIONAL AND INTERNATIONAL LEGAL FRAMEWORK GOVERNING THE RIGHT TO EDUCATION IN KENYA, SUDAN AND NIGERIA

In Kenya, the Constitution of Kenya, 2010 is the supreme law of within the state.[84] Therefore, every law must be consistent and conform with it lest it is rendered void.[85] Due to its supremacy, the King of the laws in Keya permits general rules of international law to form part of the law of Kenya.[86] Additionally, any treaty or convention ratified by Kenya automatically forms part of the law of Kenya with the blessings of the supreme law of the land.[87]

In Sudan, the Constitutional Charter for the Transitional Period of 2019 is the supreme law which prevails over other laws of the land.[88] Sudan’s Constitutional Charter provides that all rights and freedoms contained in international human rights agreements, pacts and charters ratified by the Republic of Sudan shall be considered an integral part of the Constitution.[89]

As for Nigeria, the Constitution of the Federal Republic of Nigeria (1999) as Amended establishes its supremacy in the first section.[90] This Constitution provides that no treaty shall have force of law in Nigeria unless it has been enacted into a law of the National Assembly. Thus, this provision can be construed to mean that treaties and other international laws are only applicable in Nigeria if they are enacted into law by the National Assembly.[91]

In summary, the three aforementioned countries have all ratified an incorporated several international treaties that protect the right to education. These treaties include but not limited to, the UNCRC, ICESCR, ACRWC and CEDAW, which as a collective, offer a very strong foundational framework for ensuring educational rights are realized and pertinent issues such as safe leaning environments for students are also addressed.

4.1      THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, 1981

This Charter has been ratified by Kenya, Sudan and Nigeria.  The African Charter on Human and Peoples’ Rights (1981) is generally intended to promote and protect human rights and basic freedoms on the African continent. The Charter confers the right to education to every person in Africa.[92] Article 25 further cements this right by placing upon every country a positive duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the Charter and to see to it that the rights, freedoms and obligations encapsulated therein are understood.[93]

4.2 AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD, 1990

Kenya, Sudan and Nigeria have ratified this Charter. It offers both a monitoring mechanism and a complaint mechanism. The African Charter on the Rights and Welfare of the Child (1990) views the right to education through a broader lens, going beyond the vision of the African Charter. This Charter affirms that every child has the right to education and further obligates the states to prescribe measures that states must undertake as part of their efforts to achieve full realization of this right.[94]

Among these measures is the provision of free and compulsory education at the basic level. [95]Additionally, this Charter emphasizes the importance of making secondary education not only accessible, but also free. The states have also been encouraged to ensure that higher education is also accessible to everyone. Beyond accessibility of education, the Charter calls for states to take proactive steps to ensure that school attendance is promoted and reduce the drop-out rates.  The Charter finally gives special attention to vulnerable groups such as disadvantaged children and girls, emphasizing that states should address issues of gender inequalities which may consequently hinder the enjoyment of the right to education.

4.3     THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS OF WOMEN IN AFRICA, 2003

This Protocol has been ratified by at least 34 countries, including Kenya and Nigeria. The Charter provides a monitoring mechanism and a complaint mechanism.[96] It offers a beacon of protection for women’s education even in the midst of war/conflict. It urges state parties to take strict measures to eliminate any form of discrimination against women by making sure that women also have equal access to education and training. Like a shield in a medieval war, this Protocol protects the girl child by encouraging state parties to take measures to eliminate abuse and sexual harassment of women in educational institutions.[97] With conflicts often heightening the vulnerability of women and girls, this Protocol emphasizes the need for rehabilitation and counseling services to reduce stigmatization and to just help them get back on their feet.[98] Finally, it calls for state parties to integrate gender sensitization and human rights education at all levels.

4.4 AFRICAN UNION CONVENTION FOR THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS IN AFRICA (KAMPALA CONVENTION), 2009

This Convention protects and assists internally displaced persons (IDPs) across Africa by ensuring that even in conflict areas, the fundamental needs of the displaced are addressed. Only Nigeria has ratified this Convention. Article 9.2(b) addresses the urgency of providing vital humanitarian assistance, including education, food and water. It stresses the importance of providing these resources to internally displaced persons with the least possible delay.[99] It recognizes that education is not merely a service but a means of survival for displaced children and youth. In area ravaged by conflict, where to access education is quite difficult, the convention calls on states to prioritize education for IDPs to help restore stability.[100] Additionally, it encourages state parties to extend such assistance to the local and host communities also.[101]

5.0   THE AFRICAN HUMAN RIGHTS INSTITUTIONS SAFEGUARDING THE RIGHT TO EDUCATION IN CONFLICT ZONES

In the profound words of Archbishop Desmond Tutu’s, “My appeal to world leaders is to make a simple statement of intent: ‘Enough is enough.’ As members of a single ethical human community, none of us should be willing to tolerate the human rights violations, the attacks on children and the destruction of schools that we see in so many armed conflicts. Let’s draw a line under the culture of impunity that allows these acts to happen, and let’s start protecting our children and their right to an education. I appeal to all political leaders, and to the countries and armed groups involved in violent conflict, to remember that they are not above international humanitarian law.”[102]

Enjoyment of the right to education is very challenging for students in the conflict-affected regions of Africa, since schools are often targeted, children displaced and learning generally disrupted. Protecting this right therefore requires a concerted effort from different institutions dedicated to upholding human rights. Therefore, various African human rights bodies, such as the African Court on Human and Peoples’ Rights (AfCHPR), the African Commission on Human and Peoples’ Rights (ACHPR) and finally, the African Committee of experts on the Rights and Welfare of the Child (ACERWC), play important role in ensuring that the right to education still remains accessible despite the conflict.

5.1      THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS (AfCHPR)

This court was established pursuant to Article 1 of the Protocol to the African  Charter on Human and Peoples’ Rights to ensure human and peoples’ rights are well protected and interpreted.[103] Therefore, the court has jurisdiction to interpret the provisions of the African Charter on Human and Peoples’ Rights  which encapsulate the rights of every African. Among these rights is the right to education which has been enshrined under Article 17, which obligates states to promote access to education. AfCHPR is very crucial in conflict areas as it adjudicates on incidences where educational rights were violated or threatened, thus holding states accountable for failing to   protect students and teachers during conflicts.

While AfCHPR has not always focused specifically on education in conflict zones, its broader rulings have done a great job at protecting the right to education. In the landmark case, Tike Mwambipile & Equality Now V United Republic of Tanzania (Application No.042/2020) where Tanzania had implemented a policy that banned pregnant girls from public schools was challenged in court. The complainants argued that this move by the government was not only discriminatory, but also infringed on their right to education, thus in gross violation of the Article 17 of the African Charter on Human and Peoples’ Rights.

In its wisdom, the court indeed found Tanzania’s policy to be against the provisions of the right to education as envisaged under Article 17 of the African Charter on Human and Peoples’ Rights. Although this case focused on pregnant women, its importance extends to conflict zones where such exclusions and vulnerabilities are more profound. In such situations, the AfCHPR has the power to address issues such as the systemic discrimination, ensuring that education is not just reserved for a few individuals or groups. Thus, this ruling sets a meaningful precedent that showcases how states can be directed by the Court to take measures towards making education accessible to everyone, even in conflict areas.

5.2      THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

The African Commission on Human and Peoples’ Rights was established under the African Charter.[104] The Commission was inaugurated on the 2nd of November, 1987 in Addis Ababa, Ethiopia, with its Secretariat located in Banjul, Gambia. The Commission is primarily tasked with three functions: the protection of human and peoples’ rights, the promoting of these rights and interpretation of the African Charter. Additionally, it may undertake other responsibilities as assigned by the Assembly of Heads of State and Government. 

The Commission comprises of eleven members who serve in their personal capacities for six-year terms that may only be renewed once.[105] The Commission has jurisdiction over the rights that have been outlined under the African Charter. [106]Further, the Commission has developed a system of “Special Measures” consisting of special rapporteurs whom specific allegations of human rights violations may be brought to and investigate the alleged violations and working groups that monitor and investigate specific questions linked to the Commission’s work.[107]

Notably in its interpretation of Article 17 of the African Charter, which protects and promotes the right to education in Africa, the Commission delivered a very crucial ruling in the case of Free Legal Assistance Group and Others vs Zaire.

Free Legal Assistance Group and Others v. Zaire, African Commission on Human and Peoples' Rights, Comm. No. 25/89, 47/90, 56/91, 100/93 (1995)

Zaire, which is presently known as the Democratic Republic of Congo has been in a state of war since time immemorial. During the subsistence of the war, a number of human rights were grossly violated, such right include but not limited to torture, arbitrary arrests, detentions, extrajudicial killings, unfair trials, the persecution of Jehovah Witness religious group.  In addition, the right to education was also violated.

Civic groups, including the Union Interafricaine des Droits de l’Homme, could not stand to watch in silence, therefore four NGOs brought claims against the government of Zaire via communication which detailed the human rights infringement. Most importantly, the Union intimated to the Commission that mismanagement of public funds and closure of schools for two whole years violated Article 17 of the ACHPR which guarantees the right to education. After several futile notifications to Zaire’s government, the Commission determined that the war, together with the government’s failure to manage resources as it should have, constituted massive violation of the right to education.

This ruling shows how the Commission can act to safeguard the right to education in conflict zones where governmental instability often leads to widespread human rights abuses. As can be seen in its ruling, it is evident that the Commission gives education a priority. Thus, it does not entertain disruption of education, even when there are ongoing conflicts, that is why the closing of schools for two years due to the conflict was considered a violation of  the right to education.

5.3   THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHT AND WELFARE OF THE CHILD (ACERWC)

This Committee was established in 2001, drawing its mandate from Articles 32 to 46 of the African Charter on the Rights and Welfare of the Child.  Among the functions of ACERWC include promoting the rights enshrined in the ACRWC and formulating principles and rules that protect the rights of children in Africa.[108] Additionally, the Committee has been given authority to interpret the provisions of the ACRWC.[109] Pursuant to   the aforementioned functions, the Committee has done a tremendous job in promoting the right to education through General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child”.

Education, as articulated and interpreted in the Committee’s General Comment on Article 31 of ACRWC, goes beyond the formal schooling, as it empowers children to develop life skills that can be helpful in their personal growth, respect for human rights and the ability to contribute in a meaningful way to the community.[110]   In conflict-affected areas, like the ones discussed in this paper, where normal schooling is often disrupted, then life skills become very important to help   people adapt to  the harsh realities of the conflict. The ACERWC reiterates the idea that schooling should not be disrupted even in conflicts as education will help equip children with knowledge of how to peacefully coexist once the conflicts are resolved.[111]

ACERWC takes a firm stance against the involvement of children in armed conflicts – which has been happening a lot in countries like Sudan.[112] The Committee explicitly condemns the recruitment of children into the armed forces, whether by state or non-state actors and imposes a strict obligation to the states to protect children from such absurdity.[113] This protection has been extended to ensuring that children are not trained or put in military camps(even if their job will be as simple as carrying military equipment), something that will not only endanger their lives but also deprive them of their right to education.[114]

Moreover, the Committee’s General Comment insists that the preservation of national integrity and independence should not come at the expense of children welfare. In these regions, children are usually recruited to the fight for the government under the guise of protecting their nation. This is does not justify their involvement in the armed conflict, at all![115] Instead, ACERWC invites states to reduce exposing children to wars and allow them to focus on their education.[116]

CONCLUSION

Sequel to the foregoing, the following recommendations are hereby proffered:

I)   Even though the right to education has been well encapsulated in several African human rights instruments such as the African Charter on Human and Peoples’ Rights, the African Youth Charter and the Kampala Convention, implementation at the national level still remains uneven. Therefore, all of the three countries discussed hereinabove should endeavour to fully domesticate and implement all of the regional frameworks that protect the right to education. Further, the National Human Rights Commission and regional monitoring bodies like the African Commission on Human and Peoples’ Rights should hold the states accountable by formulating reporting mechanisms to assess their compliance.

II)  In these volatile areas, education programs should be designed in a way that will meet the specific needs of children, the youth and the teachers caught in the crossfire. Therefore, the African human rights systems should work with the member states to ensure that they adopt a conflict-sensitive curricula which will emphasize on peace, reconciliation and psychological support to the victims of conflict. Also, the curricula should introduce training that are specifically addressing the challenges faced by teachers, including the security risks that are connected to volatile areas.

III)  The Kampala Convention mandates that IDPs should be provided with essential services which includes education. However, many IDPs are still facing challenges to access education. Therefore, Kenya, Sudan and Nigeria should ensure they establish safe learning environments for displaced children.  This can be done by incorporating mobile schools in these conflict-engulfed areas. Additionally, donor agencies and the African Union should channel their funds to educational infrastructure and materials in IDP camps and conflict zones.

IV)    Gender inequality should be a subject of the past, several regional instruments such as the Protocol to the African Charter on Human and Peoples’ Rights on the Right of Women in Africa have held the same position. Yet, women and girls still continue to bear the brunt that comes with conflicts, especially when it comes to accessing education. Therefore, Kenya, Sudan and Nigeria should implement affirmative action measures to ensure that girls and women are guaranteed to continue accessing education despite the conflicts. Legal reforms should be done in Kenya, Sudan and Nigeria so that strong reporting mechanism are established therein.

V)  Further, the conflict-engulfed zones do require sustained financial and diplomatic support. Therefore, the African Union should come up with regional emergency education fund that will help conflict-affected areas. This will ensure that education do not collapse and will help expedite the recovery of areas that have been affected.

[1] Justin Muturi, Attorney General of the Republic of Kenya, ‘Keynote Address’  (Speech at the Opening of the Judicial Year of the African Court on Human and Peoples’ Rights’) < https://www.african-court.org/wpafc/remarks-by-hon-justin-b-n-muturi-egh-the-attorney-general-of-the-republic-of-kenya-during-the-opening-of-the-judicial-year-of-the-african-court-on-human-and-peoples-rights/> accessed  1 September 2024.

[2] Thomas Poirier, ‘The Effects of Armed Conflict on Schooling in Sub-Saharan Africa’ (2010) 32 International Journal of Educational Development < https://doi.org/10.1016/j.ijedudev.2011.06.001> accessed 1 September 2024.

[3] Carina Omoeva, Wael Moussa and Rachel Hatch, ‘The Effects of Armed Conflict on Educational Attainment and Inequality’

[4] Julius Akeno, Patrons of Wild Suguta Valley: Ending Cattle Rustling in the Conflict-Prone Region of Kenya (Aura Publishers 2020)

[5] Dickson Chemase and Solomon Muhindi, ‘Banditry Implications on Socio-Economic Development in Baringo South Sub-County, Kenya’ (2024) 3 Eastern African Journal of Humanities and Social Sciences

[6] Flora Koech, ‘The Secretive, Military-Like Life of Bandits in the North Rift’ (The Saturday Nation, 25 February 2023) < https://nation.africa/kenya/counties/the-secretive-military-like-life-of-bandits-in-north-rift-4136822 > accessed 2 September 2024

[7] Dickson Chemase and Solomon Muhindi, ‘Banditry Implications on Socio-Economic Development in Baringo South Sub-County, Kenya’ (2024) 3 Eastern African Journal of Humanities and Social Sciences

[8] Dickson Chemase and Solomon Muhindi, ‘Banditry Implications on Socio-Economic Development in Baringo South Sub-County, Kenya’ (2024) 3 Eastern African Journal of Humanities and Social Sciences

[9] Daisy Anyango and others, ‘Socio-Economic Effects of Cattle Rustling in Bobaru Sub-County, Nyamira County, Kenya’ (2017) 22 Journal of Humanities and Social Sciences

[10] Daisy Anyango and others, ‘Socio-Economic Effects of Cattle Rustling in Bobaru Sub-County, Nyamira County, Kenya’ (2017) 22 Journal of Humanities and Social Sciences

[11] Sanchi Danbauchi, ‘Implications of Rural Banditry on Educational Development in Nigeria: A Critical Review’ (2022) 10 Direct Research Journal of Social Science and Educational Studies <https://doi.org/10.26765/DRJSSE011759348 > accessed 6 September 2024

[12] Madiha Afzal, ‘From “Western Education is Forbidden” to the World’s Deadliest Terrorist Group’ (Brookings Institution Press, 2020)

[13] Katie Pisa and Tim Hume, “Boko Haram Overtakes ISIS as World’s Deadliest Terror Group, Report Says” (CNN, November 19, 2015) <https://edition.cnn.com/2015/11/17/world/global-terror-report/> accessed 2 September 2024

[14] Madiha Afzal, ‘From “Western Education is Forbidden” to the World’s Deadliest Terrorist Group’ (Brookings Institution Press, 2020)

[15] Madiha Afzal, ‘From “Western Education is Forbidden” to the World’s Deadliest Terrorist Group’ (Brookings Institution Press, 2020)

[16] Madiha Afzal, ‘From “Western Education is Forbidden” to the World’s Deadliest Terrorist Group’ (Brookings Institution Press, 2020)

[17] Munzoul Assal, War in Sudan 15 April 2023: Background, Analysis and Scenarios, (International Institute for Democracy and Electoral Assistance, Stockholm, 2023) <https://doi.org/10.31752/idea.2023.60> accessed 2 September 2024

[18] Human Rights Watch, "Men With No Mercy": Rapid Support Forces Attacks against Civilians in Darfur, Sudan (New York: Human Rights Watch, September 2015)

[19] Global Coalition to Protect Education from Attack, ‘Education Under Attack 2018’ (Sudan, 11 May 2018) <https://www.refworld.org/reference/annualreport/gcpea/2018/en/122330 > accessed 2 September 2024

[20] Annemarie Lewis, ‘South Sudan Ceasefire After Violence Leaves Hundreds Dead’ (The Organisation for World Peace, July 13, 2016) <https://theowp.org/south-sudan-ceasefire-after-violence-leaves-hundreds-dead/> accessed 2 September 2024

[21] UN Committee on the Rights of the Child, ‘Sudan Conflict: 24 Million Children Exposed to a Year of Brutality and Rights Violations, UN Committee Says’ (Office of the High Commissioner for Human Rights, 18 March 2024) <https://www.ohchr.org/en/press-releases/2024/03/sudan-conflict-24-million-children-exposed-year-brutality-and-rights > accessed 2 September 2024

[22] UN Committee on the Rights of the Child, ‘Sudan Conflict: 24 Million Children Exposed to a Year of Brutality and Rights Violations, UN Committee Says’ (Office of the High Commissioner for Human Rights, 18 March 2024) <https://www.ohchr.org/en/press-releases/2024/03/sudan-conflict-24-million-children-exposed-year-brutality-and-rights > accessed 2 September 2024

[23] GCPEA, ‘Toolkit for Collecting and Analyzing Data on Attacks on Education’ (January 2023) <https://protectingeducation.org/wp-content/uploads/Toolkit-for-Collecting-and-Analyzing-Data-March-2021.pdf > accessed 2 September 2024

[24] Education for All Monitoring Report: The Hidden Crisis: Armed Conflict and Education, (United Nations Education Scientific and Cultural Organisation, France 2011) <https://doi.org/10.54676/CIHD8631> accessed 2 September 2024

[25] Education for All Monitoring Report: The Hidden Crisis: Armed Conflict and Education, (United Nations Education Scientific and Cultural Organisation, France 2011) <https://doi.org/10.54676/CIHD8631> accessed 2 September 2024

[26] United Nations International Children’s Emergency Fund, ‘Sudan: Top UN Officials Sound Alarm at Spike in Violence against Women and Girls’ (New York, 5 July 2023) <https://www.unicef.org/mena/press-releases/sudan-top-un-officials-sound-alarm-spike-violence-against-women-and-girls> accessed 3 September 2024

[27] United Nations International Children’s Emergency Fund, ‘Sudan: Top UN Officials Sound Alarm at Spike in Violence against Women and Girls’ (New York, 5 July 2023) <https://www.unicef.org/mena/press-releases/sudan-top-un-officials-sound-alarm-spike-violence-against-women-and-girls> accessed 3 September 2024

[28] Wagdy Sewahel, ‘Reports of Sexual Violence Emerge as Fighting Continues’ (University World News, May 23, 2023)

[29] Eleonora Bertoni and others, ‘Education is Forbidden: The Effect of the Boko Haram Conflict on Education in North-East Nigeria’ (2019) 141 Journal of Development Economics <https://doi.org/10.1016/j.jdeveco.2018.06.007> accessed10 September 2024

[30] Christopher Giles, ‘Nigeria School Kidnappings: Is Boko Haram Responsible?’ (BBC News, 18 December 2020) < https://www.bbc.com/news/world-africa-55317021> accessed 10 September 2024

[31] Aminu Abubakar, Robyn Dixon, ‘Bombing at Northern Nigeria School Leaves at least 8 Dead, 20 Injured’ (Global Coalition to Protect Education from Attack, 22 June 2014) < https://protectingeducation.org/news/bombing-at-northern-nigeria-school-leaves-at-least-8-dead-20-injured/#:~:text=At%20least%20eight%20people%20were,school%20before%20detonating%20the%20blast. > accessed 2 September 2024.

[32] Marco Alfano and Joseph-Simon Gorlach, ‘Terrorism, Media Coverage, and Education: Evidence From Al-Shabaab Attacks in Kenya’ [2003] Journal of European Economic Association

[33] Save the Children, ‘Sudan: Violent Attacks on Schools and Education Surge Fourfold in One Year of Conflict’ (Khartoum, 28 May 2024) < https://www.savethechildren.net/news/sudan-violent-attacks-schools-and-education-surge-fourfold-one-year-conflict > accessed 2 September 2024

[34] Global Coalition to Protect Education from Attack (GCPEA), Education Under Attack 2018 - Somalia, 11 May 2018, <https://www.refworld.org/reference/annualreport/gcpea/2018/en/122332> accessed 03 September 2024

[35] UNICEF, ‘The Impact of Boko Haram and Armed Conflict on Schooling in Cameroon’s  Far North’ (February 2015) available at <https://www.google.com/url?sa=i&url=https%3A%2F%2Fdata.unhcr.org%2Fen%2Fdocuments%2Fdownload%2F48136&psig=AOvVaw3_EbYK0XpsvAzlS6Z1jC6S&ust=1726430093459000&source=images&cd=vfe&opi=89978449&ved=0CAcQr5oMahcKEwio2561m8OIAxUAAAAAHQAAAAAQBA>  accessed 9 September 2024

[36] Muawad Mustafa Rashid, ‘Shocking Figures on Drop-out Rates’ (Blnews, 28 September 2021) <https://blnews.net/2021/09/shocking-figures-on-drop-out-rates/>  accessed 10 September 2024

[37] United Nations, ‘Sudan: UN Expert Warns of Child Recruitment by Armed Forces’ (United Nations News on Global Perspective Human Stories, 16 October 2023) <https://blnews.net/2021/09/shocking-figures-on-drop-out-rates/> accessed 9 September 2024

[38] UNICEF, ‘Children Recruited by Armed Forces or Armed Groups’ (05 August 2020) available at <https://www.unicef.org/protection/children-recruited-by-armed-forces> accessed 10 September 2024

[39] Alex Therrien, ‘Woman Rescued 10 Years after Chibok Kidnapping in Nigeria’ (BBC News, 19 April 2024) <https://www.bbc.com/news/world-africa-68851982> accessed 10 September 2024

[40] Oliver Housden, ‘In a Weak Status and Reintegration of Children Associated with Armed Forces and Armed Groups in Nepal’ IPCS Research Paper, Institute of Peace   and Conflict Studies, New Delhi

[41] GCPEA, ‘It is Very Painful to Talk About: Impact of Attacks on Education on Women and Girls’ (November, 2019)

[42] UNICEF, ‘The Sudan Crisi – A children’s Crisis’  (An Appeal by UNICEF, 24 August 2023) available at <https://www.unicef.org/sudan/sudan-crisis-childrens-crisis-0> accessed 7 September 2024

[43] Niveen Rizkalla and others, ‘Children are Not Children Anymore; They are a Lost Generation: Adverse Physical and Mental Health Consequences on Syrian Refugee Children’ (2020) 17(22) International Journal of Environmental Research and Public Health  <https://doi.org/10.3390/ijerph17228378> accessed 10 September 2024

[44] Niveen Rizkalla and others, ‘Children are Not Children Anymore; They are a Lost Generation: Adverse Physical and Mental Health Consequences on Syrian Refugee Children’ (2020) 17(22) International Journal of Environmental Research and Public Health  <https://doi.org/10.3390/ijerph17228378> accessed 10 September 2024

[45] David Burgin and others, ‘Impact of War and Forced Displacement on Children’s Mental Health – Multilevel, Needs-oriented, and Trauma-informed Approaches’ (2022) 31 European Child & Adolescent Psychiatry <https://doi.org/10.1007/s00787-022-01974-z > accessed 10 September 2024

[46] David Burgin and others, ‘Impact of War and Forced Displacement on Children’s Mental Health – Multilevel, Needs-oriented, and Trauma-informed Approaches’ (2022) 31 European Child & Adolescent Psychiatry <https://doi.org/10.1007/s00787-022-01974-z > accessed 10 September 2024

[47] David Shekwolo,‘Posttraumatic Stress Disorder Symptoms among Women and Children Affected by Boko Haram Insurgency in North-east Nigeria’ [2017] Nigerian Journal of Psychological Research <https://www.google.com/url?sa=i&url=https%3A%2F%2Fnjpsyresearch.com%2Fojs3%2Findex.php%2Fnjopr%2Farticle%2Fdownload%2F56%2F53%2F&psig=AOvVaw32CX1g3gAnoKY3Qc4Jz-h7&ust=1726442437783000&source=images&cd=vfe&opi=89978449&ved=0CAcQr5oMahcKEwigjLSzycOIAxUAAAAAHQAAAAAQBA> accessed 10 September 2024

[48] Preskilla Ochieng-Munda, ‘School Absenteesism and other Factors Associated with Post-Traumatic Stress Disorder among Adolescents Living  and Attending Primary Schools in Informal Settlements in Kajiado North Sub-county, Kenya’ (2020) 3 African Journal of Clinical Psychology

[49] Preskilla Ochieng-Munda, ‘School Absenteesism and other Factors Associated with Post-Traumatic Stress Disorder among Adolescents Living  and Attending Primary Schools in Informal Settlements in Kajiado North Sub-county, Kenya’ (2020) 3 African Journal of Clinical Psychology

[50] Mwangi Kimenyi and Josephine Kibe, ‘Africa’s Powerhouse’ (Brookings, 6 January 2014) <https://www.brookings.edu/articles/africas-powerhouse/ > accessed 10 September 2024

[51] The Constitution of Kenya 2010, art 2

[52] The Constitution of Kenya 2010, art 3

[53] The Constitution of Kenya 2010, art 43

[54] The Constitution of Kenya 2010, art 53(b)

[55] The Constitution of Kenya 2010, art 55(a)

[56] The Constitution of Kenya 2010, art 56(b)

[57] The Basic Education Act 2013

[58] The Constitution of Kenya 2010, art 56(b)

[59] The Basic Education Act 2013, s 29(1)

[60] The Children’s Act 2022, ss 13(1) and 13(2)

[61] The Children’s Act 2022, s13(3)

[62] Ebaidalla Ebaidalla and Tarig Rahky, ‘Education in Sudan: Disparity in Enrollment, Attainment and Quality’ (2024) Economic Research Forum Working Paper No.1707 <https://erf.org.eg/app/uploads/2024/05/1717146018_903_680645_1707.pdf > accessed 9 September 2024

[63] The Constitutional Charter for the Transition Period of 2019, art 62(1)

[64] The Constitutional Charter for the Transition Period of 2019, art 62(2)

[65] The Constitution of the Federal Republic of Nigeria, s 1(1)

[66] The Constitution of the Federal Republic of Nigeria, s 18(1)

[67] The Constitution of the Federal Republic of Nigeria, s 18 (3)

[68] Hon Justice Zaynab Bashir, ‘An Evaluation of the Impact of the Child Rights Act in Regulating the Rights of a Child in Nigeria’ (The International Association of Women Judges, 15 February 2023) < https://www.iawj.org/content.aspx?page_id=2507&club_id=882224&item_id=4600 > accessed 10 September 2024

[69] The Child Rights Act, s 15 (1)

[70] The Child Rights Act, s 15 (2) (a) & (b)

[71]The Child Rights Act, s 15 (6)

[72] The Child Rights Act, s 15 (6)

[73] Agaptus Nwozor and Blessing Okhillu, ‘Child’s Right and the Challenges of Educating the Girl-Child: Assessing the Contributions of UNICEF in Nigeria’, [2021] The Age of Human Rights Journal <  DOI:10.17561/tahrj.v18.6520 > accessed 10 September 2024

[74] Compulsory, Free Universal Education Act 2004, s 1

[75] Compulsory, Free Universal Education Act 2004, s 2

[76] Compulsory, Free Universal Education Act 2004, s 2

[77] Compulsory, Free Universal Education Act 2004, s 9(a)

[78] Compulsory, Free Universal Education Act 2004, s 9

[79] National Policy on Safety, Security and Violence-Free Schools in Nigeria, foreword

[80] National Policy on Safety, Security and Violence-Free Schools in Nigeria, foreword

[81] National Policy on Safety, Security and Violence-Free Schools in Nigeria, s 1 (7.0)

[82] National Policy on Safety, Security and Violence-Free Schools in Nigeria, s 1 (9.0)

[83] National Policy on Safety, Security and Violence-Free Schools in Nigeria, s 3 (6.0.5)

[84] The Constitution of Kenya 2010, art 2(1)

[85] The Constitution of Kenya 2010, art 2(4)

[86] The Constitution of Kenya 2010, art 2(5)

[87] The Constitution of Kenya 2010, art 2(6)

[88] The Constitutional Charter for the Transition Period of 2019, art 4

[89] The Constitutional Charter for the Transition Period of 2019, art 41

[90] The Constitution of the Federal Republic of Nigeria (1999) as Amended, s 1

[91] Elijah Oluwatoyin Okebukola, ‘The Application of International Law in Nigeria and the Façade of Dualism’ (2020) 11 Nnamdi Azikiwe University Journal of International Law and Jurisprudence

[92] The African Charter on Human and Peoples’ Right (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter), art 17(1)

[93] The African Charter on Human and Peoples’ Right (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter), art 25

[94] The African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999), art 11

[95] The African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999), art 11(3)(a)

[96] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art 28

[97] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art 12 (1)(c)

[98] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art 12 (1)(d)

[99] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 2009, art 9.2 (b)

[100] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 2009, art 9.2 (b)

[101] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 2009, art 9.2 (b)

[102] Archbishop Desmond Tutu, Nobel Peace Laureate 1984, ‘Enough is Enough’, (Special Contribution in the UNESCO Report: The Hidden Crisis: Armed Conflict and Education)

[103] The Protocol to the African Charter on Human and Peoples; Rights on the Establishment of an African Court on Human and Peoples’ Rights (adopted 10 June 1998, entered into force, 25 January 2004), art 1

[104] The African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter), art 30

[105] The African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter), arts 31 and 36

[106] The African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter), art 45

[107] Open Society Justice Initiative, ‘African Commission on Human and Peoples’ Rights’ (June 2013) < https://www.justiceinitiative.org/publications/african-commission-human-and-peoples-rights > accessed 10 September 2024

[108] The African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999), art 42 (a) and (b)

[109] The African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999), art 42 (c)

[110] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017) <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf> accessed 11 September 2024

[111] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017), paragraph 33 <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf > accessed 11 September 2024

[112] UNICEF, The United Nations welcomes the release of 21 child soldiers by the Government of Sudan, 22 September 2016, available at <https://reliefweb.int/report/sudan/united-nations-welcomes-release-21-child-soldiers-government-sudan > accessed 10 September 2024

[113] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017), paragraph 45 <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf > accessed 11 September 2024

[114] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017), paragraph 46 <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf > accessed 11 September 2024

[115] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017), paragraph 91 <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf > accessed 11 September 2024

[116] ACERWC ‘General Comment on Article 31 of the African Charter on the Rights and Welfare of the Child on “The Responsibilities of the Child’ (2017), paragraph 90 <https://www.chr.up.ac.za/images/researchunits/cru/files/acerwc_general_comments/General_Comment_No_3_of_the_African_Children_s_Rights_Committee.pdf > accessed 11 September 2024