Realising the Right to Primary Education for Refugee and Asylum-Seeking Children in Cameroon: Appraising the Legal Framework, Compliance and Challenges
DOI:
https://doi.org/10.25159/2522-3062/13994Keywords:
children, refugees and asylum-seekers, right to primary education, right to education, international law, African regional law, CameroonAbstract
In international and regional human rights law, the right to education is arguably one of the most important rights since it is a social, economic, and cultural right and has a direct bearing on the enjoyment of civil, political, social, economic and cultural rights. For vulnerable groups, emphasis has always been placed on the need to respect, protect, fulfil, and promote the right to education, given the crucial role it plays in promoting peace, stability, and socio-economic and personal development. Two critical issues arise when looking at the children of refugees and asylum seekers: firstly, their vulnerability as involuntary migrants who have fled their home countries and settled in another country. Secondly, as children, they remain vulnerable to different forms of exploitation. Against this background, and in view of the huge number of refugees and asylum seekers in Cameroon, this study examines some of the measures taken by Cameroon to give effect to her international obligations as a State Party to numerous human rights instruments (both international and regional) recognising the right to compulsory and free primary education for children. To do this, the study commences with an assessment of the international human rights framework and identifies the various obligations created by those instruments that serve as benchmarks for evaluating whether Cameroon has fulfilled her international and regional obligations. The study analyses the challenges encountered in this regard and offers some insights on what could be done to surmount those challenges.
Metrics
References
References
Anastasia N and Teklemariam AA, ‘Socio-Cultural and Economic Factors Affecting Primary Education of Maasai Girls in Loitokitok District, Kenya’ (2011) 35 (4) Western Journal of Black Studies.
Arat ZFK, ‘Forging a Global Culture of Human Rights: Origins and Prospects of the International Bill of Rights’ (2006) 28 (2) Human Rights Quarterly <https://doi.org/10.1353/hrq.2006.0014>
Baderin MA and Ssenyonjo M, ‘Development of International Human Rights Law before and after the UDHR’ in Baderin MA and Ssenyonjo M (eds), Development of International Human Rights Law before and after the UDHR (Ashgate Publishing 2010).
Beiter KD, The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights (Brill 2005) <https://doi.org/10.1163/ej.9789004147041.i-738>
Bhardwaj A, ‘Importance of Education in Human Life: A Holistic Approach’ (2016) 2 (2) International Journal of Science and Consciousness.
Bilchitz D, ‘Socio-Economic Rights, Economic Crisis, and Legal Doctrine’ (2014) 12 (3) International Journal of Constitutional Law <https://doi.org/10.1093/icon/mou044>
Capra T, ‘Poverty and Its Impact on Education: Today and Tomorrow’ (2009) Thought & Action.
Chandrasekhar S and Mukhopadhyay A, ‘Primary Education as a Fundamental Right: Cost Implications’ (2006) 41 (35) Economic and Political Weekly <https://doi.org/10.2139/ssrn.945320>
Conger RD, Conger KJ and Martin MJ, ‘Socioeconomic Status, Family Processes, and Individual Development’ (2010) 72 (3) Journal of Marriage and Family <https://doi.org/10.1111/j.1741-3737.2010.00725.x>
Coomans F, ‘Exploring the Normative Content of the Right to Education as a Human Right: Recent Approaches’ (2004) 50 Persona & Derecho <https://doi.org/10.15581/011.31869>
Cosmas L and Marwa DJ, ‘The Impacts of Cultural Practices on Children’s Access to Formal Education in Tanzania: A Case of Sukuma Community in Meatu District, Tanzania’ (2022) International Journal of Educational Reform <https://doi.org/10.1177/10567879221117285>
Delprato M, Akyeampong K and Dunne M, ‘Intergenerational Education Effects of Early Marriage in Sub-Saharan Africa’ (2017) 91 World Development <https://doi.org/10.1016/j.worlddev.2016.11.010>
Farrior S, ‘Color in the Non-Discrimination Provisions of the Universal Declaration of Human Rights and the Two Covenants’ (2015) 14 Washington University Global Studies Law Review.
Francioni F, ‘An International Bill of Rights: Why It Matters, How Can It Be Used’ (1997) 32 Texas International Law Journal.
Hodgson D, ‘The International Human Right to Education and Education Concerning Human Rights’ (1996) 4 (3) The International Journal of Children’s Rights <https://doi.org/10.1163/157181896X00158>
Kalantry S, Getgen J and Koh S, ‘Enhancing Enforcement of Economic, Social and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR’ (2009) 32 (2) Human Rights Quarterly 253 <https://doi.org/10.1353/hrq.0.0144>
Macrotrends, ‘Cameroon Refugee Statistics 1970–2024’ (2022) <https://www.macrotrends.net/countries/CMR/cameroon/refugee-statistics>
Maddock N, ‘Educate the Child, Educate the Community’ (2017) 32 (2) The Australian Journal of Emergency Management.
MINJUST, Report by the Ministry of Justice on Human Rights in Cameroon in 2013 (2014) <http://www.minjustice.gov.cm/index.php/en/publications/reports/279-report-of-the-ministry-of-justice-on-human-rights-in-cameroon-in-2013>
MINJUST, Report of the Ministry of Justice on Human Rights in Cameroon in 2019 (2021) <http://www.minjustice.gov.cm/index.php/en/publications/reports/405-report-of-the-ministrybof-justice-on-human-rights-in-cameroon-in-2019>
MINJUST, Report of the Ministry of Justice on Human Rights in Cameroon in 2020 (2022) <http://www.minjustice.gov.cm/index.php/en/91-index-categories-en/missions/human-rights/305-human-rights-report>
Mubangizi JC and Mubangizi BC, ‘Poverty, Human Rights Law and Socio-Economic Realities in South Africa’ (2005) 22 (2) Development Southern Africa <https://doi.org/10.1080/03768350500163311>
Nkwi WG, ‘Cameroon, Too Much to Carry: The Perception and Ramifications of Boko Haram’s Activities on Cameroon’ (2013) 5 Conflict Studies Quarterly.
Özler Şİ, ‘The Universal Declaration of Human Rights at Seventy: Progress and Challenges’ (2018) 32 (4) Ethics & International Affairs <https://doi.org/10.1017/S0892679418000588>
Sajjad H and others, ‘Socio-Economic Determinants of Primary School Dropout: Evidence from South East Delhi, India’ (2012) 30 (3) European Journal of Social Sciences.
Simmons B, ‘Civil Rights in International Law: Compliance with Aspects of the “International Bill of Rights”’ (2009) 16 (2) Indiana Journal of Global Legal Studies <https://doi.org/10.2979/gls.2009.16.2.437>
Sital K, Getgen JE and Koh SA, ‘Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR’ in M Ssenyonjo (ed), Economic, Social and Cultural Rights (Routledge 2017) <https://doi.org/10.4324/9781315257044-7>
Stamatopoulou E, ‘The Importance of the Universal Declaration of Human Rights in the Past and Future of the United Nations’ Human Rights, Efforts’ (1998) 5 ILSA Journal of International and Comparative Law.
United Nations, ‘International Covenant on Economic, Social and Cultural Rights’ (3 January 1976, No. 14531) <https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en> accessed 22 April 2024.
United Nations High Commissioner for Refugees (UNHCR), ‘Cameroon Education Dashboard: 2021–2022 School Year’ (2022)
United Nations High Commissioner for Refugees (UNHCR), ‘Cameroon: Locations of UNHCR Persons of Concern’ (2022) <https://reporting.unhcr.org/document/3333>
United Nations High Commissioner for Refugees (UNHCR), ‘Cameroon: Main Persons of Concern’ (2022) <https://reporting.unhcr.org/document/3321>
Veriava F and Paterson K, ‘The Right to Education’ in Dugard J and others (eds), Research Handbook on Economic, Social and Cultural Rights as Human Rights (Edward Elgar Publishing 2020) <https://doi.org/10.4337/9781788974172.00015>
Vijapur AP, ‘The Principle of Non-Discrimination in International Human Rights Law: The Meaning and Scope of the Concept’ (1993) 49 (3) India Quarterly: A Journal of International Affairs <https://doi.org/10.1177/097492849304900303>
Wadesango N, Rembe S and Chabaya O, ‘Violation of Women’s Rights by Harmful Traditional Practices’ (2011) 13 (2) The Anthropologist <https://doi.org/10.1080/09720073.2011.11891187>
Walker J-A, ‘Early Marriage in Africa–Trends, Harmful Effects and Interventions’ (2012) 16 (2) African Journal of Reproductive Health.
Wobbekind RL, ‘On the Importance of Education’ (2012) 47 (2) Business Economics <https://doi.org/10.1057/be.2012.5>
International Legal Instruments and Conventions
African Charter on Human and Peoples’ Rights (1981).
African Charter on the Rights and Welfare of the Child (1990).
African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights (2010).
Convention on the Rights of the Child (1989).
Convention Relating to the Status of Refugees (1951).
International Covenant on Economic, Social and Cultural Rights (1966).
Statute of the International Court of Justice.
The Dakar Framework for Action, Education for All: Meeting Our Collective Commitments (2000).
United Nations Committee on Economic, Social and Cultural Rights.
Universal Declaration of Human Rights (1948).
World Declaration on Education for All and Framework for Action to Meet Basic Learning Needs (1990).
Legislation and Treaties
Finance Law No 2000/08 of 30 June 2000 Finance Law of the Republic of Cameroon for the 2000/2001 Financial Year.
Law No 98-4 of 14 April 1998 Relating to Guidelines for Education in Cameroon.
Law No 2005/006 Relating to the Status of Refugees in Cameroon.
Preamble to the Cameroonian Constitution.
Downloads
Published
How to Cite
Issue
Section
License
© Published by the Department of Public, Constitutional and International Law, University of South Africa and Unisa Press.
Accepted 2024-04-04
Published 2024-06-10
