Emory International Law Review

Indigenous Interpretations of the Right to Education Incorporating Gandhi’s Visionary Philosophy to Educational Reform
Anna Saraie Managing Editor, Emory International Law Review; J.D. Candidate, Emory University School of Law (2016); B.A, cum laude, Departmental Highest Honors, University of California, Los Angeles (2013). Thank you to my advisor, Professor Abdullahi Ahmed An-Na’im, for sharing his passion and wisdom with me. Special thank you to my family for the continuous support.

Abstract

Since the 1940s, there has been a growing movement for the promotion of education. There is now an obligation in the international community to ensure that every child has the resources to exercise his or her right to education. Two problems have emerged from this obligation. First, international agreements define the right to education ambiguously but require countries to adhere to strict and unrealistic deadlines. This has burdened developing countries. Second, there has been an increase in violent opposition groups targeting children to protest the promotion of education. To combat these problems, states should incorporate Mahatma Gandhi’s educational philosophy. Gandhi advocated that education should be free but self-reliant, emphasize learning by doing, and be based on indigenous culture. Tanzania has implemented policies similar to Gandhi’s proposals and has been successful in ensuring access to education. This Comment argues that the Tanzanian model may be a promising approach to promote the right to education in developing countries.

Introduction

Is it possible to guarantee that every child in the world obtains a formal education? The international community believes that universal access to primary education is indeed attainable. 1See G.A. Res. 217 (III) A, Universal Declaration of Human Rights art. 26(1) (Dec. 10, 1948); G.A. Res. 2200A (XXI), International Covenant on Economic, Social and Cultural Rights art. 13(1) (Dec. 16, 1966) [hereinafter Economic, Social and Cultural Rights]; G.A. Res. 44/25, Convention on the Rights of the Child art. 28(1) (Nov. 20, 1989); Org. of African Unity [OAU], African Charter on the Rights and Welfare of the Child, ¶ 11(3)(a), OAU Doc. CAB/LEG/24.9/49 (Nov. 29, 1999); G.A. Res. 55/2 Millennium Declaration, ¶ 19 (Sept. 18, 2000). Since the 1940s, there has been a growing movement for the promotion of primary education as evidenced by the ratification of over five international agreements. 2See Universal Declaration of Human Rights, supra note 1; Economic, Social and Cultural Rights, supra note 1; Convention on the Rights of the Child, supra note 1; African Charter on the Rights and Welfare of the Child, supra note 1; Millennium Declaration, supra note 1. Most recently in 2000, the United Nations (U.N.) launched the U.N. Millennium Campaign, which formulated a set of eight Millennium Development Goals (MDGs) to be accomplished by 2015. 3The eight goals listed in the Millennium Campaign are: (1) eradicate extreme poverty and hunger, (2) achieve universal primary education, (3) promote gender equality and empower women, (4) reduce child mortality, (5) improve maternal health, (6) combat HIV/AIDS, malaria and other diseases, (7) ensure environmental sustainability, and (8) establish a global partnership for development. Within each goal, there are specific targets that the international community has pledged to achieve. See Millennium Declaration, supra note 1; The Millennium Development Goals Report 2014, at 56 (2014) [hereinafter MDG Report]. In terms of education, the United Nations pledged that it would “ensure that, by . . . [2015] . . . children everywhere, boys and girls alike, will be able to complete a full course of primary schooling.” 4Millennium Declaration, supra note 1. As these international agreements demonstrate, the right to education has become a human right and the international community now has an obligation to ensure that every child has the resources to exercise that right. 5Johan D. van der Vyver, Constitutional Protection of the Right to Education, 27 SA Pub. L. 326, 326–27 (2012) [hereinafter van der Vyver, Constitutional Protection of the Right to Education].

Reflecting on the past decade since this international movement towards universal education began, it is evident that there have been great advances in protecting the right to education. 6MDG Report, supra note 3, at 16. Research shows that “the number of children enrolled in primary education more than doubled between 1990 and 2012, from 62 million to 149 million.” 7Id. at 17. In developing regions where access to education was most scarce, the school enrollment rate “increased from 83 per cent to 90 per cent between 2000 and 2012.” 8Id. at 5.

However, the school enrollment rate is not a sufficient method to determine whether universal access to education is being achieved. The school completion rate is a more accurate measure. Research indicates that while children may enroll in school, many drop out. 9Id. at 18. Between 2000 and 2011, there was a twenty-seven percent drop-out rate in the developing world. 10Id. In Oceania, only “one in two pupils” completed primary schooling in that same time period. 11Id. These data indicate that the international community is far from achieving universal access to primary education. 12Id.

This Comment examines two major problems that have come about since the emergence of the right to education. First, international agreements define the right to education in a broad manner, which has placed an unrealistic burden on developing states to provide education. Developing countries in Oceania, sub-Saharan Africa, and Western Asia saw declining progress in the promotion of education between 2000 and 2011. 13Id. Of these areas, sub-Saharan Africa yielded the least access to education. 14See generally Serge Theunynck, The World Bank, School Construction Strategies for Universal Primary Education in Africa (2009). The region has the lowest percentages of primary school enrollment and attendance. 15Id. According to 2005 estimates from the United Nations Education, Scientific and Cultural Organization (UNESCO), an “estimated 45 million children do not attend primary school in Sub-Saharan Africa.” 16Id. at xi. These numbers indicate that international agreements promoting education have set goals that developing countries simply do not have the resources to meet.

The second problem in achieving the right to education is the increase in violent activities targeting schools and children that have emerged in response to recent international efforts to promote education. Terrorist organizations such as Boko Haram and the Pakistani Taliban have resorted to kidnapping and killing young children to express their opposition to Westernized education. 17See Farouk Chothia, Who Are Nigeria’s Boko Haram Islamists, BBC News (May 4, 2015), http://www.bbc.com/news/world-africa-13809501; Mushtaq Yusufzai et al., Death ‘All Around Me’: Victims Relive Pakistan School Massacre, NBC News (Dec. 16, 2014, 7:13 PM), http://www.nbcnews.com/storyline/pakistan-school-massacre/death-all-around-me-victims-relive-pakistan-school-massacre-n269011.

In order to address both problems that have arisen since the emergence of the right to education, a new approach in interpreting the right is required. This Comment will suggest incorporating Mahatma Gandhi’s philosophy of education into efforts promoting the right to education for all. Gandhi’s thoughts are appropriate to discussions on the right to education for three reasons: (1) his ideals originated in a political and economic environment similar to that currently faced by developing countries; 18See K.S. Bharathi, Thoughts of Gandhi and Vinoba 19 (1995); Johan D. van der Vyver, The Right to Self-Determination of Cultural, Religious and Linguistic Communities in South Africa, 14 Potchefstroom Electronic L.J. 1, 5 (2011) [hereinafter van der Vyver, The Right to Self-Determination]. (2) he had a personal connection with Africa where access to education is most scarce; 19Bharathi, supra note 18, at 15. and (3) his approach towards education reform is unique since it was not developed from a strictly academic standpoint. 20Id. at 127. Gandhi identified miseducation and lack of education as flaws of the educational system and argued that education should be free and compulsory, have practical purposes, and be based on indigenous values. 21See id. at 133; G. Ramachandran, The Gandhian Contribution to Education, in 3 Facets of Mahatma Gandhi 340 (Subrata Mukherjee & Sushila Ramaswamy eds., 1994); K.G. Saiyidain, Basic Education, in 3 Facets of Mahatma Gandhi 332 (Subrata Mukherjee & Sushila Ramaswamy eds., 1994).

What is fascinating is that Tanzania achieved success in promoting education through incorporating the principles that Gandhi spoke about. Although Tanzania did not explicitly incorporate these proposals, its policies are comparable if not identical to those that Gandhi advocated. 22See Christopher Colclough et al., Achieving Schooling for All in Africa 124 (2003). Since Tanzania’s educational reforms led the country to place more children in schooling compared to other countries in sub-Saharan Africa, 23Id. an approach that encompasses Gandhi’s philosophy may be an ideal way to promote education in other developing countries.

Gandhi’s principles contributed to Tanzania’s successful path towards ensuring that children are not deprived of their rights to education; however, the approach is open to criticism. This Comment will address two possible criticisms. First, the argument could be made that indigenous interpretations of the right to education directly conflict with universal standards of the rights of girls. 24See Tamar Ezer et al., Child Marriage and Guardianship in Tanzania: Robbing Girls of Their Childhood and Infantilizing Women, 7 Geo. J. Gender & L. 357, 366 (2006). This Comment acknowledges the potential conflict and argues that the international community cannot resolve it by simply demanding that the right to education take precedence over all cultural norms in a particular society. Cultural transformation, a process that looks to legitimize human rights, must take place but can only be done by locals in their specific cultural context. 25See Abdullahi An-Na’im, Human Rights in Cross-Cultural Perspectives 1, 2 (1991). Second, the argument could be made that Tanzania was exceptional in that it had strong leadership under President Julius Nyerere, and therefore this approach cannot be used by other countries that lack strong leadership. 26V.H. Hundsdörfer & H. Hinzen, Education in Tanzania, in The Tanzanian Experience 1, 7 (V.H. Hundsdörfer & H. Hinzen eds., 1979). This Comment acknowledges the potential criticism and argues that for countries with less stable leadership, forming partnerships between non-state actors and local communities is the most suitable option.

Part I of this Comment provides background on the emergence of the right to education. This Part is intended to provide a thorough understanding of how the right to education became a human right. Part II discusses two major problems that have arisen since the development of the universal right to education. First, the movement towards universal access to education burdened developing countries by placing unrealistic expectations on them. Second, there has been a rise of violent resistance from terrorist organizations—including recent attacks by Boko Haram—against universal education. 27See Chothia, supra note 17 (discussing attacks by Boko Haram). Part III provides an overview of Gandhi’s philosophy of education. It highlights his views on the problems with India’s educational system and recommendations for reform. Part IV illustrates how Tanzania implemented educational policies that mirrored Gandhi’s proposals and as a result, successfully increased the rate at which its children completed primary schooling. Part V discusses potential criticisms of the Tanzanian model.

I. Emergence of a Universal Right to Education

Before discussing the parameters of how best to promote the right to education, it is essential to first comprehend why and how education became a human right. This Part provides a historical background of the right to education.

A. Right to Education Before the 1940s

Before the 1940s, the international system was based on the Westphalian state order. 28See James A. Caporaso, Changes in the Westphalian Order: Territory, Public Authority, and Sovereignty, 2 Int’l Stud. Rev. 1, 1 (2000); Kanishka Jayasuriya, Globalization, Law, and the Transformation of Sovereignty: The Emergence of Global Regulatory Governance, 6 Ind. J. Global Legal Stud. 425, 425 (1999). This system was brought about in 1648 with the signing of the treaties of Münster and Osnabrück. 29Caporaso, supra note 28; Jayasuriya, supra note 28. The Westphalian state order was based on the idea that “states are constitutionally independent (sovereign) and have exclusive authority to rule within their own borders.” 30Caporaso, supra note 28, at 2. The state was the “highest point of decision and authority” and therefore, social, economic, and political life centered around it. 31Richard Devetak & Richard Higgott, Justice Unbound? Globalization, States and the Transformation of the Social Bond, 75 Int’l Aff. 483, 485 (2000).

The rise of globalization following World War II gradually eroded this structure. 32Id. at 487. Globalization is characterized as a process of “massive exchanges of economic activities, human movements, and information flows across borders.” 33Seo-Young Cho, Integrating Equality: Globalization, Women’s Rights, and Human Trafficking, 57 Int’l Stud. Q. 683, 683 (2000). Great advancements in technology contributed to “the integration of markets, nation-states and technologies to a degree never witnessed before.” 34Thomas L. Friedman, The Lexus and the Olive Tree 9 (2000). The current world system is no longer a system “built around division and walls,” as was the case under the Westphalian state system, but is now “a system increasingly built around integration and webs.” 35Id. at 8.

This increased integration and interconnectedness across borders has brought about new actors who are “attempting to voice their concerns in a global public sphere.” 36Devetak & Higgott, supra note 31, at 491. These actors are dictating and contesting policy agendas that were once in the exclusive jurisdiction of states. 37Id. at 484.

It is in this new world order “that the notion that the human rights of every individual should be protected gained international legitimacy and diffused throughout the world.” 38Christine Min Wotipka & Kiyoteru Tsutsui, Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 23 Soc. F. 724, 725 (2008). All human beings can claim human rights simply by virtue of being human. 39Kate Halvorsen, Notes on the Realization of the Human Right to Education, 12 Hum. Rts. Q. 341, 347 (1990). What is implicit in this notion is that all human beings have something in common. 40Id. The concept was advocated by formal international human rights institutions, nongovernmental organizations, and individual activists. 41Wotipka & Tsutsui, supra note 38. The right to education was one of many human rights that emerged in this era of globalization. 42Halvorsen, supra note 39, at 341.

B. Emergence of the Universal Right to Education

The right to education can be traced back to 1948 and the Universal Declaration of Human Rights. 43Universal Declaration of Human Rights, supra note 1. The Declaration states: “education shall be free, at least in the elementary and fundamental stages.” 44Id. However, the Declaration was considered only as a statement of moral and ethical intent and was “not legally binding.” 45Mary Ann Glendon, The Rule of Law in the Universal Declaration of Human Rights, 2 NW. J. Int’l Hum. Rts. 1, 4 (2004). It was not until 1976 that a legally-binding document was put forth. 46Economic, Social and Cultural Rights, supra note 1. Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) declares “primary education shall be compulsory and available for all.” 47Id. The Covenant expressly states: “education is [] a human right in itself.” 48Id.; see also van der Vyver, Constitutional Protection of the Right to Education, supra note 5, at 326. Thus, the ICESCR is more specific than the Universal Declaration in terms of the right to education and its implementation. 49Halvorsen, supra note 39, at 342.

The most recent and prominent legally-binding instrument discussing the right to education is the U.N. Convention on the Rights of the Child in 1990. 50Convention on the Rights of the Child, supra note 1. It has been ratified by 193 states. 51U.N. Issues Call on Member States to Ratify Convention on Rights of the Child, U.N. News Ctr. (Sept. 19, 2013), http://www.un.org/apps/news/story.asp?NewsID=45894#.VpQIdUqANBc. Article 29(1) delineates the expansive nature of the right to education. 52Article 29(1) states:1. States Parties agree that the education of the child shall be directed to: (a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment.Convention on the Rights of the Child, supra note 1.

In 2000, the U.N. General Assembly passed the Millennium Declaration. 53Millennium Declaration, supra note 1. The Declaration lists eight goals that U.N. member states agreed to achieve by 2015. 54MDG Report, supra note 3, at 3. Under each MDG, there are specific targets that the international community pledged to achieve. 55Id. Goal 2 is to achieve universal primary education. 56Id. at 16. Target 2.A in Goal 2 requires states to “[e]nsure that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling.” 57Id.

From these international agreements, it is evident that the right to education has become a human right. 58Van der Vyver, Constitutional Protection of the Right to Education, supra note 5, at 326. As Professor Johan D. van der Vyver of Emory University School of Law explains, education has come to be seen as important because it “provides knowledge, prepares one for meaningful and lucrative employment, promotes a healthy life style, cultivates an understanding of the complexities of historical eventualities and current affairs, instills in a learner a certain moral consciousness, and stimulates conduct that is conducive to a better future.” 59Id. The development of this right has undoubtedly created more opportunities for children to have access to education. 60See MDG Report, supra note 3, at 4. However, the emergence of the right to education has also brought about two major problems, outlined in Part II, that the international community must address.

II. Problems Arising from the Right to Education

The development of the right to education has brought about two problems in the international community. First, international agreements pushing for the protection of the right to education have established unrealistic expectations that developing countries simply cannot meet. This Part will discuss why developing countries are unable to live up to the expectations of protecting the right to education. In addition to the problem of placing undue burden on developing countries, international efforts to promote education have led to an increase in violent activities by local terrorist groups. 61See Chothia, supra note 17. This Part will discuss attacks by Boko Haram and the Pakistani Taliban to illustrate the resistance to universal education.

A. Problem 1: Efforts to Promote Education Place Undue Burden on Developing Countries

Research indicates an overall failure in developing countries to implement successful steps towards achieving universal access to education. 62See MDG Report, supra note 3, at 18. This failure to provide education is attributable to the broad definition of the universal right to education that international agreements have put forth. 63See Halvorsen, supra note 39, at 342.

This Part will discuss how international agreements concerning the rights of the child are ambiguous because they do not clarify who should define and protect these rights. Then, it will look to how the vague definition of the right to education has created an undue burden for developing countries by establishing unrealistic timetables and expectations that disregard contextual diversity. This Part concludes by arguing that international agreements offer no clear definition of the right to education but at the same time pressure developing countries into abiding by strict deadlines and expectations that they do not have the capacity to meet.

International agreements that take up the rights of the child are ambiguous 64Id. because children cannot promote and implement their own rights—they depend on adults to do so. 65Id. at 348. The question then becomes which group of adults should protect these rights: the state or the family. 66Id. at 348–49. As Professor Abdullahi An-Na’im of Emory University School of Law explains, “[w]ith respect to the rights of the child, there are bound to be significant differences between the perceptions of childhood, and circumstances affecting behavior regarding children . . . .” 67Abdullahi An-Na’im, Cultural Transformation and Normative Consensus on the Best Interests of the Child, 8 Int’l J.L. & Fam. 62, 65 (1994). Thus, this question should be answered in the cultural context of the community. 68Id. at 63.

However, international agreements do not address whether the roles of states and parents regarding the rights of the child should be determined in the cultural context of the community, and instead reflect the “‘universalization’ of norms and institutions of dominant cultures.” 69Id. at 80. At the time the agreements were drafted, states were pressured to put differences aside to “produce a document that might in the future stop the spread of nationalism and racism that led to World War II.” 70Joel Spring, The Universal Right to Education: Justification, Definition, and Guidelines 3–4 (2000). The agreements are based on the consensus that “future generations were left with a hollow document waiting to be given meaning and direction.” 71Id. The text of the international agreements leaves open questions for interpreting the right to education, such as “what are the types of education included here, what are the possibilities and the limitations of this right; and what are the problems connected with the implementation process.” 72Halvorsen, supra note 39, at 342; see also Maya Fehling et al., Limitations of the Millennium Devevlopment Goals: A Literature Review, 8 Global Pub. Health 1109, 1115 (2013) (“MDG 2 particularly fails to ensure quality issues such as availability of teachers, school infrastructure and maintenance . . . .”) Thus, the right to education is still interpreted in an abstract manner, which has caused confusion. 73Halvorsen, supra note 39, at 363.

In addition to their ambiguous definition of the right to education, these agreements are problematic because they require all countries to abide by strict deadlines and expectations. 74See, e.g., Susan Comrie, Target Practice, Afr. Decisions, http://www.africandecisions.com/health/target-practice/ (last visited Oct. 23, 2015). The goal of attaining universal primary enrollment is biased against developing countries because it is written as a “level goal of 100 percent primary completion rates by 2015,” which means that “changes in either relative or absolute terms” are not taken into consideration. 75William Easterly, How the Millennium Development Goals Are Unfair to Africa 7–9 (Brookings Global Econ. & Dev., Working Paper No. 14, 2007). Developing countries particularly in Africa are prone to fail simply because there is “an obvious bias against the region that starts farthest from the absolute target.” 76Id. The MDGs did not clarify the details for providing primary schooling. 77See id. The goals simply required that education should be available to all within fifteen years. 78See id.

International agreeements have also placed unrealistic expectations on countries in the promotion of education. Developing states in particular are struggling to meet the expectations of international agreements because these agreements fail to account for major differences in cultural and political concepts of rights between states. 79See Spring, supra note 70, at 3−4. For example, there are broad international laws and norms that prohibit child labor so that children are encouraged to attend school. 80An-Na’im, supra note 67, at 72. However, regardless of these laws, children in developing countries continue to drop out because they need to work for economic reasons. 81Id. It is in this way that international agreements do not address issues which may be hindering the promotion of education in a specific country. There is an expectation that children will want to and be able to attend schooling if it were provided. However, the international community must recognize that the reality in developing countries is that many children simply cannot afford to go to school. 82See id.

In sum, international agreements concerning the rights of the child, and specifically the right to education, do not provide clear definitions. 83See Halvorsen, supra note 39, at 348. However, at the same time, they require countries to meet strict deadlines and expectations that developing countries do not have the capacity or resources to meet. 84See, e.g., Easterly, supra note 75.

B. Problem 2: Efforts to Promote Education Contribute to Violence Targeting Schools

International efforts to promote education have been met with strong resistance in several countries. 85See Chothia, supra note 17; Yusufzai et al., supra note 17. The actions of two terrorist groups, Boko Haram and the Pakistani Taliban, illustrate how the universal promotion of education is contributing to an increase in violence directed against schools. 86See Chothia, supra note 17; Yusufzai et al., supra note 17. An examination of the origin of both organizations, including their recent violence targeting schools and their viewpoints and goals behind those attacks, demonstrates how the lack of consideration of indigenous values in international efforts to promote education has driven terrorist organizations to violence.

Boko Haram and the Pakistani Taliban have recently gained considerable attention in the media for their violent attacks on schools and young children. 87See Chothia, supra note 17; Yusufzai et al., supra note 17. Boko Haram is active in northern Nigeria. 88Alex Perry, Boko Haram: Terror’s Insidious New Face, Newsweek (July 9, 2014, 5:53 AM), http://www.newsweek.com/2014/07/18/boko-haram-terrors-insidious-new-face-257935.html. The name “Boko Haram” means “Western learning is forbidden” in the Hausa language. 89See Abimbola Adesoji, The Boko Haram Uprising and Islamic Revivalism in Nigeria, 45 Afr. Spectrum 95, 100 (2010); Heidi Shultz, Nigeria’s Boko Haram: Who Are They and What Do They Want?, Nat’l Geographic News (May 7, 2014), http://news.nationalgeographic.com/news/2014/05/140507-boko-haram-nigeria-borno-state-maiduguri-mohammed-yusuf-abubukar-shekau-goodluck-jonathan-world. The group seeks to “create an Islamic state” in north-eastern Nigeria. 90Chothia, supra note 17.

Boko Haram was responsible for the kidnapping “of 276 girls from the Government Girls Secondary School in Chibok, in Nigeria’s northeastern Borno state” in April 2014. 91Kirk Ross, Why Boko Haram Wages War Against Western Education, U.S. Naval Inst. News (May 16, 2014, 10:39 AM), http://news.usni.org/2014/05/16/boko-haram-wages-war-western-education. The group’s leader at the time, Abubakar Shekau, stated that the act was carried out to promote the “ideology which views Western-style education in Northern Nigeria as the source for the region’s host of woes.” 92Id. Boko Haram is also thought to be responsible for a second attack in December 2014 when militants occupied the Gumsuri village, kidnapping approximately two hundred young men and women and killing at least thirty-three. 93Chothia, supra note 17. President Barack Obama designated Boko Haram as “one of the worst regional or local terrorist organizations.” 94Shultz, supra note 89. What is alarming is that this group targets schools and young children. 95Howard LaFranchi, Pakistan School Attack: Why Children Are Becoming a More Common Terror Target, Christian Sci. Monitor (Dec. 16, 2014), http://www.csmonitor.com/USA/Foreign-Policy/2014/1216/Pakistan-school-attack-Why-children-are-becoming-a-more-common-terror-target.

Much like Boko Haram, the Pakistani Taliban has targeted students in recent years. 96See id. In 2012, a member of the group shot fifteen-year-old Malala Yousafzai in the head while she was riding the bus. 97Mishal Husain, Malala: The Girl Who Was Shot for Going to School, BBC News Mag. (Oct. 7, 2013, 7:15 AM), http://www.bbc.com/news/magazine-24379018. Malala was targeted because she publicly advocated for universal education with a strong emphasis on girls’ rights to education. 98Id. Malala published her thoughts on a blog entitled The Diary of a Pakistani School Girl, published in the news outlet BBC Urdu. 99Id. She began blogging after a local Taliban leader issued a warning in 2008 that “all female education had to cease within a month.” 100Id. Wishing to silence Malala, the Taliban tracked her down, boarded the bus she used regularly, asked for her, and shot her in the head. 101Id.

The Pakistani Taliban was also responsible for the massacre of students and teachers at the Army Public School in Peshawar, Pakistan, in 2014. 102Pakistan Mourns After Taliban Peshawar School Massacre, BBC News (Dec. 17, 2014, 6:39 AM), http://www.bbc.com/news/world-asia-30507836. On December 16, 2014, the terrorist group stormed the school and killed at least 141 people, 132 of whom were children. 103Id. A military source recalls how “[t]hey literally set the teacher on fire with gasoline and made the kids watch”; 104Yusufzai et al., supra note 17. photographs from the scene show “pools of blood on the ground and walls covered in pockmarks from hundreds of bullets.” 105Pakistan Mourns After Taliban Peshawar School Massacre, supra note 102. On December 31, 2014, the Pakistani Taliban released footage of the massacre and claimed responsibility for the attack. 106Lee Ferran, Taliban Uses Child to Justify Campaign of Violence, ABC News (Jan. 2, 2015, 4:19 PM), http://abcnews.go.com/International/taliban-child-justify-campaign-violence/story?id=27967394.

The attacks on students carried out by Boko Haram and the Pakistani Taliban are significant for two reasons. First, the attacks illustrate strong opposition to Westernization of the educational system. 107See LaFranchi, supra note 95. Professor Ebrahim Moosa of the University of Notre Dame states, “[t]hey’re attacking what they see as the institutions of culture, and in particular institutions of Western culture.” 108Id. He further explains, “[t]hey see that the process of Westernization begins at school, so schools that violate strict Islamic education become targets.” 109Id. Second, these violent activities are significant because they target innocent children. The brutal massacre of children indicates how certain moral limitations on attacks against schools are failing. 110Id. Terrorists groups are “look[ing] for more stunning and horrific ways to grab the international spotlight.” 111Id. The international community must address this increase in violence against schools and children enhanced by the emergence of the right to education.

To summarize, this Part identified two problems that arose when the right to education became a human right. First, international instruments that address the right to education did not provide a clear definition of the right, but at the same time set forth strict deadlines and expectations. 112See Halvorsen, supra note 39, at 348; Easterly, supra note 75. This is problematic because developing countries cannot adhere to rigid guidelines that promote a vague concept of the right to education. Second, international efforts to promote education have contributed to increased violence targeting schools and children. Part III discusses a new approach to promoting education that could help resolve these issues.

III. Proposed Solution: Gandhi’s Philosophy of Education

As discussed in Part II, the emergence of the right to education has brought about two major problems in the realm of education. To overcome these obstacles, this Comment advocates that states adopt an approach to promoting education based on Gandhi’s philosophy of education.

This Part first discusses why Gandhi’s thoughts on education are applicable to current discussions about education reforms in developing countries. Then it details how Gandhi envisioned the right to education. This Part concludes by arguing that incorporating Gandhi’s recommendations into education reform will contribute to an overall increase in ensuring that every child can exercise his or her right to education.

A. Why Gandhi?

Gandhi’s philosophy on education is applicable to contemporary dialogues about promoting the right to education for three reasons. First, his proposals originated from a political and economic climate similar to those of countries currently struggling with promoting education. 113See Bharathi, supra note 18, at 11–34 (discussing the life and work of Gandhi). Second, Gandhi had a thorough and personal understanding of African culture. 114See id. at 15. Lastly, his thoughts on education were unique because they were not derived from a purely academic perspective. 115See id. at 127.

First, the political and cultural environment in which Gandhi proposed his education reforms is substantially similar to the current environments in many developing countries, particularly in Africa. Both regions were under colonial rule and subjected to education systems with little cultural sensitivity. 116See Bharathi, supra note 18, at 129; Aïcha Bah-Diallo, Basic Education in Africa, JICA Res. Inst. (Mar. 3, 1997), http://jica-ri.jica.go.jp/IFIC_and_JBICI-Studies/english/publications/reports/study/topical/sub_sahara/keynote_1.html. India was under British colonial rule until its independence on August 15, 1947. 117Bharathi, supra note 18, at 19. Likewise, the majority of developing countries that are currently struggling with promoting education were under colonial rule until after World War I. 118See Colonialism in Africa, World Hist. Context, http://ic.galegroup.com/ic/whic/ReferenceDetailsPage/ReferenceDetailsWindow?failOverType=&query=&prodId=WHIC&windowstate=normal&contentModules=&display-query=&mode=view&displayGroupName=Reference&limiter=&currPage=&disableHighlighting=false&displayGroups=&sortBy=&search_within_results=&p=WHIC%3AUHIC&action=e&catId=&activityType=&scanId=&documentId=GALE%7CCX3400100093&source=Bookmark&u=mlin_c_montytech&jsid=2cbd7c923dd9a99f1fb469bec142a57c (last visited Jan. 25, 2016). Most of these countries achieved independence after the implementation of the mandate system proposed by Woodrow Wilson. 119Woodrow Wilson proposed the mandate system in his second draft of the League of Nations Covenant. The concept was first developed by Jan Christian Smuts, a South African scholar who participated in talks at the Paris Peace Conference in 1919. See van der Vyver, The Right to Self-Determination, supra note 18, at 5. Namibia was the last colony to achieve independence in 1990. 120Howard Witt, Africa’s Last Colony Becomes Independent, Chi. Trib. (Mar. 21, 1990), http://articles.chicagotribune.com/1990-03-21/news/9001230677_1_namibia-black-majority-rule-independence. Since his thoughts on education derived from similar post-colonial experiences, Gandhi’s philosophy on education is pertinent to current discussions on promoting education in post-colonial nations.

Second, Gandhi’s ideas about education are appropriate especially in African countries because he had a close personal connection with South Africa. 121See Bharathi, supra note 18, at 15. Gandhi traveled to South Africa in April 1893 to assist with a lawsuit. 122Id. at 13. It was during his stay in South Africa “that the shy, timid, inexperienced and unaided Mohandas came into clash with the forces that obliged him to tap his hidden moral resources . . . .” 123Id. He observed racial prejudices and other oppressive acts. 124Id. These experiences in South Africa initiated his journey in becoming an unforgettable human rights activist. 125See id. at 13–15. Since most of the countries struggling with promoting education are in sub-Saharan Africa, 126See MDG Report, supra note 3, at 16. Gandhi’s close personal connection to and understanding of the diverse cultures in Africa make him an ideal figure whose thoughts on education should be incorporated into reforms.

Third, Gandhi’s teachings should be included in discussions about education reform in developing countries because his approach was unique. Gandhi developed his theories from his own experiences and not from a scholarly standpoint. 127Bharathi, supra note 18, at 127. He was not a philosopher in the academic sense. 128Id. It is remarkable that although he envisioned his philosophy to specifically better the educational system in India, there are “certain elements of universal validity which bring it into line with the progressive educational thought of the age . . . .” 129Saiyidain, supra note 21, at 332. Thus, incorporating his views on education will prove advantageous in promoting the right to education.

B. Gandhi’s Philosophy on Education

Gandhi believed that there were two shortcomings in the field of education: the “lack of education,” and “miseducation.” 130Bharathi, supra note 18, at 133. First, Gandhi spoke about how only certain groups receive the chance to attend schooling. 131Id. He looked to the influence of British colonial rule and noted how during that time, only some received an English education. 132Id. This disparity between the two classes, “one of the learned” and the “other of the unlearned,” lingered even after the demise of colonial rule. 133Id. In addition, Gandhi highlighted how those who did receive an education obtained the wrong type of education, which he called miseducation. 134Id. Gandhi states that children are “imparted with education which makes them good for nothing.” 135Id. at 134. He advised that after proper education, “children should be capable of taking up some meaningful occupation enabling them to stand on their own foot.” 136Id. at 45.

In order to address these shortcomings, Gandhi advocated three changes. First, he proposed the idea that “education should be made free, universal, and compulsory.” 137Saiydain, supra note 21, at 333. He is quoted to have said “[m]an is neither mere intellect, nor the gross animal body, nor the heart, nor soul alone. A proper and harmonious combination of all three is required for the making of the whole man . . . .” 138Bharathi, supra note 18, at 128. Although education was to be free, Gandhi suggested that it would be “self-supporting” so there would be a harmonious combination of intellect, body and soul. 139Id. By self-supporting, he meant that the curriculum should include working as a component to education and this labor would then contribute to financing the school. 140See Saiydain, supra note 21, at 333.

In addition to advocating that education be free and mandatory, Gandhi emphasized “learning by doing.” 141Bharathi, supra note 18, at 128. He claimed that “[t]here is no need to memorise great chunks of history or meaningless lists of kings,” 142Id. at 136. but that there must be a practical emphasis to education. As a worker himself, Gandhi knew “that all real value is created through honest work . . .” and suggested that children learn by working. 143Saiyidain, supra note 21, at 335. He wanted “not only thinking brains but thinking fingers.” 144Ramachandran, supra note 21, at 342.

Third, Gandhi wanted to “base education on indigenous culture.” 145Bharathi, supra note 18, at 128. Gandhi argued that education should be built on indigenous culture because otherwise, it would “make them [students] foreigners in their own land.” 146Id. One of the methods in which to preserve indigenous culture was to designate the mother tongue as the medium of instruction. 147Id. at 129. Instruction in the native language was important because a “foreign language deprives them [children] of the spiritual and social heritage of the nation and renders them to that extent unfit for the service of the country.” 148Id. He disliked how British colonial rule stunted the development of Indian languages and sought to prevent the demise of indigenous culture. 149See id.

The shortcomings that Gandhi identified strongly resemble those found in developing countries. Incorporating Gandhi’s proposals into education reforms for these countries should lead to increased schooling. Part IV demonstrates how Tanzania’s successful education reforms mirrored Gandhi’s philosophy of education and can serve as a promising model for the implementation of this approach to promoting the right to education everywhere.

IV. Case Study—Tanzania

Tanzania is an example of a developing country that has succeeded in interpreting the universal norm of the right to education to fit the country’s needs and values. 150See Philemon A.K. Mushi, History and Development of Education in Tanzania 33 (2009). Policies implemented in Tanzania are similar to Gandhi’s viewpoints as described in Part III. Part IV first provides a background of the evolution of education in Tanzania to demonstrate the similarities between the political and economic environments in India and Tanzania. It then identifies the specific policies that the Tanzanian government has implemented that mirror Gandhi’s principles about the promotion of primary education. Part IV concludes by arguing that Gandhi’s philosophy of education proved successful in Tanzania and can be emulated in other countries to promote education.

A. Evolution of Education in Tanzania

Tanzania has undergone several education regimes. 151Id. at 3. Education first emerged as a method of instilling and passing down tribal values. 152See id. Then, with European colonization, the tribes were forced to implement secular schooling with Western ideals. 153See id. at 41. After decolonization, the state government reintroduced aspects of indigenous African education. 154See id. at 4−5.

In the pre-colonial era, the purpose of indigenous education in Tanzania was to transmit inherited knowledge, skills, and values of the tribe from one generation to the next. 155Id. at 3. Education centered “on the need to maintain and preserve the cultural heritage of the tribe and transmission of codes of good behavior, inherited knowledge, skills and values of the tribe from one generation to another.” 156Id. Education differed between tribes but was meant to “reinforce the cultural solidarity of the society.” 157Id. The schools were “unenclosed by walls” and children were educated by their elders. 158Id. at 29.

This tribe-centered structure of education collapsed under colonial rule from 1890-1961. 159Id. at 4. Secular schooling was introduced by the Germans and British in the 1890s and eventually took over the prior indigenous African education. 160See id. The colonial powers implemented policies that legitimized their colonial regimes and would best help in producing “raw materials, markets, cheap labour, and investment outlets.” 161Id. The purpose of education changed from passing on knowledge and preserving the tribe to preparing individuals to serve the colonial government. 162Id. at 41−42.

Although the Germans first introduced secular schools, the British, who took over the colony after World War I, had more of an impact on educational development in Tanzania. 163Colclough et al., supra note 22, at 121. In 1925, the British administration implemented the “Education for Adaptation” program, which focused on combining Western values with the needs of the local Tanzanian people. 164Id. After World War II, the British implemented a second educational policy, titled “Education for Modernisation” which focused on developing post-primary education. 165Id. The incorporation of this policy led to separate educational systems: “Education for Adaptation” was for the African masses while “Education for Modernisation” was for Asians, Europeans, and select Africans. 166Id.

These separate educational systems implemented by the British led to a wide disparity among students in terms of language of instruction, curriculum, and employment opportunities. 167See id. Kiswahili was the language of instruction in African schools, whereas English was the language of instruction in Asian and European schools. 168Id. In terms of curriculum, African schools were geared towards providing vocational training and encouraging students to hone their agricultural knowledge while in Asian schools, the curriculum was created to prepare students for post-primary education. 169Id. Because of these differences in language and curriculum, formal employment opportunities were vastly different. Students who went to schools under the “Education for Modernisation” policy were better equipped for formal employment because they were instructed in English and had the proper training. 170Id. at 167.

Tanzania gained independence on December 9, 1961, and the new socialist government brought about a new agenda for education. 171F.L. Mbunda, Primary Education Since 1961, in The Tanzanian Experience 88 (V.H. Hundsdörfer & H. Hinzen eds., 1979). The government, led by President Julius Nyerere, strived to reincorporate indigenous African values into the educational policy. 172Hundsdörfer & Hinzen, supra note 26, at 7. The Arusha Declaration in 1967 was a milestone in establishing the ideology of Ujamaa, 173Mbunda, supra note 171, at 89. which is roughly translated as socialism and self-reliance. 174Colclough et al., supra note 22, at 124. Under this ideology, Nyerere’s government introduced education reforms to give the “same structure, organization, curriculum, and criteria for access to higher levels for everyone.” 175Id. It also gave every village the opportunity to have a primary school built. 176Id.

As the above history illustrates, Tanzania has undergone several education reforms. Next, this Comment will address the specific policies that the Tanzanian government has endorsed since its independence that align with Gandhi’s philosophy of education and have proven successful in increasing attendance in schools.

B. Tanzanian Model of Education Reform and Gandhi’s Philosophy of Education

Two major policies enacted by the state government of Tanzania mirror Gandhi’s suggestions for education reform. These policies contributed to an increase in primary schooling in Tanzania. First, Tanzania eliminated all school fees. 177David Gartner, Transnational Rights Enforcement, 31 Berkeley J. Int’l L. 1, 13 (2013). Second, the government drastically changed the curriculum so that education was based on indigenous values. Tanzanian history was incorporated back into the courses, all classes were administered in Swahili, and the purpose of primary schooling was refocused to instill practical skills into students so that they could contribute to society in Tanzania. 178Mbunda, supra note 171, at 88. These policies are reflective of Gandhi’s ideals.

1. Policy 1: Abolishment of School Fees

The abolishment of school fees contributed to the promotion of primary schooling in Tanzania. Although Tanzania’s constitutional provision does not explicitly guarantee free primary education, 179See Constitution of the United Republic of Tanzania, 1977 art. 11 (“[T]he government shall endeavor to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education.”). the Tanzanian government first abolished school fees in 1974. 180Gartner, supra note 177, at 13. With the implementation of this new policy, “by the early 1980s, primary schools existed in nearly every village in Tanzania.” 181Id. In 1992, the government reinstated school fees to deal with a major economic crisis and pressures from the international community. 182Id. After the reintroduction of school fees, the gross primary enrollment declined from ninety-eight percent in 1980 to fifty-seven percent in 2000. 183Id. at 14. Recognizing that fee abolition at the primary level increased the likelihood that students enrolled in schools, 184Tanzania Abolishes Secondary School Fees. But Does Anything Come For Free?, Global Educ. Monitoring Rep.: World Educ. Blog (Dec. 15, 2015), https://efareport.wordpress.com/2015/12/15/tanzania-abolishes-secondary-school-fees-but-does-anything-come-for-free/. school fees were again abolished starting in 2002 through the implementation of the Primary Education Development Plan. 185See Gov’t of the United Republic of Tanzania, Primary Education Development Plan (2002-2006), at 5 (2001); The Price of School Fees, Educ. Today (UNESCO, Paris, Fr.), July-Sept. 2004, at 4.

2. Policy 2: Education Based on Indigenous Values

Tanzania has been successful in promoting access to primary education as a result of state efforts to reincorporate indigenous values into the schooling system. President Nyerere fundamentally changed the educational system with the objective to “provide an education that was more meaningful and relevant to national values.” 186Mbunda, supra note 171, at 88. To accomplish this task, the government implemented two major reforms: (1) it changed the curriculum to include Tanzanian history and language; 187See id. and (2) it altered the purpose of the primary schooling to instill practical skills in children so that they could become productive members of Tanzanian society. 188J.K. Nyerere, The Overall Education Conception, in The Tanzanian Experience 26 (V.H. Hundsdörfer & H. Hinzen eds., 1979).

First, the state government changed the primary school curriculum to include Tanzanian history and language. 189Mbunda, supra note 171, at 88. Each student was taught Tanzanian history that had “an emphasis on national heroes who fought for emancipation from colonial rule, and a Tanzanian interpretation of the country’s contact with the foreign colonial powers.” 190Id. The government changed the language of instruction from English to Swahili. 191Id.

Second, the government altered the expectation of primary schools by creating opportunities for children to gain practical skills. In a policy directive on education issued in March 1967, President Nyerere explained, “we should not determine the type of things children are taught in primary schools by the things a doctor, engineer, teacher, economist or administrator needs to know. Most of our pupils will never be any of these things.” 192Nyerere, supra note 188, at 26. Instead, primary schooling should provide an education that is “designed to fulfil[l] the common purpose of education in the particular society of Tanzania.” 193Id.

In order to educate children on more practical ways of becoming productive members of society, President Nyerere suggested that each school community set up workshops or farms that make a contribution to society. 194Id. at 27. The farm would become an important component of education, as “the welfare of the pupils would depend on [the farm’s] output, just as the welfare of a farmer depends on the output of his land.” 195Id.

In sum, Tanzania was able to successfully incorporate Gandhi’s philosophy into its educational reforms by making education free and including practical skills in the curriculum. However, Tanzania’s efforts were not without critiques, two of which will be discussed below.

V. Critiques of the Tanzanian Model for Promoting Education

The Tanzanian model is by no means a one-size-fits-all solution, and there are challenges that must be addressed when implementing this approach. This Comment addresses two critiques concerning the Tanzanian model of promoting education. First, it is arguable that indigenous interpretations of the right to education conflict with the universal standard for the rights of girls. 196See Ezer, supra note 24, at 359. Second, the argument could be made that Tanzania was able to implement successful educational policies only because the country had a strong national leader. This Part will address both concerns.

A. Critique 1: Indigenous Interpretations of the Right to Education Conflict with Universal Standards of Girls’ Rights

One criticism of the Tanzanian model is that allowing indigenous interpretations of the right to education opens the door for infringement of girls’ rights. 197See id. Scholars, such as Tamar Ezer at Georgetown’s International Women’s Human Rights Clinic, point out that even though the model was successful in promoting gender equality in primary schools, unequal representation is still prevalent in secondary schools. 198Id. at 390. This is because education regulations “expel students for marriage or pregnancy.” 199Id. at 391. In Tanzania, girls are expected to marry young; “almost half of women marry before age 18 and two-thirds marry before age 20.” 200Id. “The average age of school attendees in secondary school is fourteen to nineteen.” 201Id. Thus, more than half of the girls in Tanzania are expelled from school due to marriage or pregnancy. 202Id. Girls are torn between the cultural pressure to marry at a young age and the desire to continue school. 203Id. at 390–91. These critics claim that Tanzania should “eliminate the practices of child marriage and guardianship.” 204Id. at 423. Thus, the Tanzanian model of promoting education arguably creates a conflict between the right to education and the rights of girls.

While these scholars make valid arguments concerning the right to education and its conflict with girls’ rights, this Comment argues that simply proclaiming or declaring that a certain educational policy be abolished is not sufficient to invoke change. While laws matter, typically changing the law alone does not accomplish much. 205See Nicholas D. Kristof & Sheryl WuDunn, Half the Sky 64−65 (2009). The international community must focus on legitimizing girls’ right to education in that specific country and not simply mandating it. While indigenous interpretations of the right to education may at first conflict with the universal conception of the role of girls in society, with time, the indigenous society will evolve and learn to adopt new values and make it their own.

In order to reconcile the indigenous interpretations of the right to education and the universal notion of the role of women generally, a process called “cultural transformation” must be adopted. 206An-Na’im, supra note 25, at 2. Professor An-Na’im proposed this process, which focuses on internal discourse and cross-cultural dialogue. 207Id. at 3. He argues that universal standards “are unlikely to prevail without due regard for local cultural legitimacy and contextual understandings of these rights.” 208Abdullahi A. An-Na’im & Jeffrey Hammond, Cultural Transformation and Human Rights in African Societies, in Cultural Transformation and Human Rights in Africa 14 (Abdullahi A. An-Na’im ed., 2002). An-Na’im illustrates how attempts to “transplant a fully developed and conclusive concept and its implementation mechanisms from one society to another” 209Id. at 16. are likely to fail because they have not been developed and internalized by the people in that society, and “the way to get a universal idea accepted locally is to present it in local terms, which can best be done by local people.” 210Id.

Interestingly, the right to vote for women in the United States was legitimized by cultural transformation. In the United States, women were deprived of the right to vote until 1920 when the Nineteenth Amendment to the Constitution was passed. 21119th Amendment to the U.S. Constitution: Women’s Right to Vote (1920), Nat’l Archives & Records Admin.: Our Documents, http://www.ourdocuments.gov/doc.php?doc=63 (last visited Jan. 28, 2016). The fight for this right began in the early 1800s and took decades of organizing, petitioning, and picketing. 212Id. This Comment argues that because there was a process of internalization, women’s right to vote was legitimized and accepted into society. Women’s right to vote did not come about simply because an external source mandated it; rather, gender equality became part of the American society because the right was interpreted locally and advocated by citizens.

The right to education must also be brought about in each country in a similar fashion, with specific attention to how it will enhance girls’ education. External forces may encourage girls’ rights to education but it will ultimately be up to individuals in that society to legitimize it and make it their own. With sufficient internal discourse and cross-cultural dialogue, this right to education should evolve to incorporate girls’ rights to education. The focus on promoting the right to education must be based on legitimization in individual communities.

B. Critique 2: The Tanzanian Model Requires Strong Leadership, Which Other Countries Lack

Tanzania was exceptional in that it had a strong leader who placed education reform as one of his top priorities; 213See Mushi, supra note 150, at 95. it may be difficult for countries with fragile leadership and political turmoil to promote education in this same manner. For states that may struggle with following the Tanzanian model exactly, this Comment suggests the partnership approach. Under this approach, partnerships should be formed between local communities and non-state actors that work towards defining and promoting the right to education in indigenous terms, since the state may not be able to do so themselves.

As was the case in Tanzania, the state government may hold the necessary tools to implement educational polices on a national level. However, non-state actors have become influential and can contribute to invoking change in the realm of education. 214Devetak & Higgott, supra note 31, at 491. With the increasing accessibility of information, non-state actors have become prevalent in promoting education because they provide essential resources such as infrastructure and educators. 215Kristof & WuDunn, supra note 205, at 177. However, as Gandhi pointed out, it is necessary to restrict the work of non-state actors because too much foreign influence may undermine education initiatives. 216Bharathi, supra note 18, at 132. The challenge is how best to work with foreign resources without compromising national integrity and indigenous values.

This Part first addresses the benefits of partnerships between non-state actors and local communities. It then discusses issues that local communities must look for to ensure that the partnership is advancing indigenous values. This Part illustrates these issues by describing Tanzania’s experiences with non-state actors. While Tanzanian’s success can largely be attributed to policies implemented by the state, non-state actors influenced the promotion of education as well.

1. Benefits to Partnerships between Local Communities and Non-State Actors

As mentioned above, globalization has brought about more actors in the international community. 217Devetak & Higgot, supra note 31, at 491. There are now non-state actors voicing their opinions and working towards providing more access to education; the state is no longer the only actor with exclusive control over educational policies within its borders. 218Id. Thus, for countries without a strong national leader, local communities should seek partnerships with these influential non-state actors. These partnerships will help to legitimize the right to education because it will be interpreted and enforced in indigenous terms. This Part illustrates the several benefits of partnerships by discussing the success of one aid group, the Afghan Institute of Learning, and its work in promoting education in Afghan villages.

The success of the Afghan Institute of Learning provides a great example of how partnering with local communities is beneficial when promoting education. 219Kristof & WuDunn, supra note 205, at 162−63. The Afghan Institute of Learning is an educational organization in Afghanistan that is unique because it has successfully built and operated schools in a dangerous environment. 220Id. at 163. Their schools were only attacked by the Taliban once, unlike many of the Afghan government schools. 221Id. Afghan Institute of Learning aid workers cooperated with local leaders and came up with a schooling system that catered to the needs of the community. 222Id. For example, they taught Quranic studies in a way that the community had never experienced before. 223Id. at 164. The example of Afghan Institute of Learning and its work illustrates several benefits in forming partnerships between local communities and non-state actors.

2. Working with Non-State Actors

Although beneficial, these non-state actors also have the potential to hinder access to education. It is important for countries implementing the partnership approach to be aware of the potential downsides and difficulties of working with non-state actors so as not to open the door to undue influence. This Part discusses two potential issues that local communities should be aware of when cooperating with non-state actors. It will specifically discuss partnerships with non-governmental organizations (NGOs), which is a rapidly growing sector, especially in Africa. 224See Ian Gary, Confrontation, Co-operation or Co-optation: NGOs and the Ghanaian State During Structural Adjustment, 23 Rev. Afr. Pol. Econ. 149, 149 (1996); Glen W. Wright, NGOs and Western Hegemony: Causes for Concern and Ideas for Change, 22 Dev. Prac. 123, 124 (2012).

First, NGOs should be educated on the inherent characteristics of local communities because some ignore local needs 225Sally Engle Merry, Human Rights & Gender Violence: Translating International Law into Local Justice 103 (2006). and accountability. 226See Devetak & Higgot, supra note 31, at 126. Second, local communities must ensure that the presence of NGOs is not disproportionately prominent in urban areas, since this would prevent equal access to education. 227See Claire Mercer, Reconceptualizing State-Society Relations in Tanzania: Are NGOs’ Making a Difference?, 31 Royal Geographical Soc’y 247, 249 (1998).

Local communities should be aware that NGOs have inherently different understandings of indigenous needs and ultimately, the right to education. At its core, local communities tend to conceive social justice in quite different terms from human rights activists. 228Merry, supra note 225. As a result of this difference in the conception of social justice, the involvement of NGOs inevitably involves “tinkering with culture, religious, and family relations of a society” that are not fully understood. 229Kristof & WuDunn, supra note 205, at 177. For example, a “Western aid group, trying to improve the hygiene and health of Afghan women, issued them bars of soap—nearly causing a riot. In Afghanistan, washing with soap is often associated with postcoital activity, so the group was thought to be implying that the women were promiscuous.” Id. at 162. Thus, local communities cannot assume that NGOs understand the right to education or the needs of the local community in the same manner. To successfully promote education, local communities must ensure that non-state actors are respecting and abiding by their indigenous interpretation of the right to education.

In addition to having inherently dissimilar understandings of the right to education, NGOs also have different systems of accountability. 230Wright, supra note 224, at 126. Although an NGO should be accountable to its beneficiaries (the people whose lives the NGO’s activities affect), this is not always the case, especially since the new phase of NGO discourse, termed the New Policy Agenda, has distorted this accountability. 231Id. The New Policy Agenda encourages Western governments to fund an increasing number of NGOs. 232Id. at 125−26. The problem with this agenda is that NGOs are held accountable to the entities that fund them—not local communities. 233Id. at 126. In order to keep the funds flowing, the NGO “must account for the money according to a Western standard that emphasises numbers, statistics and efficiency over the qualitative aspects of development.” 234Id. This means that NGOs gravitate towards specific quantifiable projects. 235Id. Thus, this funding is problematic because NGOs neglect to provide long-term sustainable aid. 236Id.

Another issue that local communities should be aware of is the possibility that the presence of NGOs may create unequal access to education. Tanzania faced this problem. 237Mercer, supra note 227, at 249. This problem of unequal access to aid programs was also prevalent in Afghanistan, where the resources did not reach far into the countryside where it was most needed. Kristof & WuDunn, supra note 205, at 161. Although Tanzania’s increase in access to education was largely brought about by policies implemented by the state, the country also partnered with foreign organizations to promote education. 238Mercer, supra note 227, at 249. This issue of unequal access to education materialized when NGOs first became prevalent in Tanzania in the 1990s. 239Id. at 249 fig.1. The state began noticing unequal participation of NGOs between urban and rural areas. 240Id. at 249–50 tbl.1. Most of the NGOs were located in urban areas such as in the city of Dar es Salaam. 241Id. The current state of Tanzania is that there are grave disparities between areas in which NGOs are prevalent (urban) and areas in which NGOs are not (rural). 242See id.

In sum, there are two issues that developing countries should be aware of when implementing the partnership approach. First, countries must understand that NGOs have inherently different understandings of social justice and lack the tools to comprehend local needs. NGOs are also held accountable to their funders and may not provide long-term, sustainable aid. Second, countries must understand that the assistance of NGOs may lead to an inequality in the administration of education.

Conclusion

Since the 1940s, the right to education has developed into a human right. 243See supra Part I. The emergence of this right to education has brought about two problems. First, the definition of the right to education in international agreements is ambiguous, but requires that developing countries abide by strict deadlines. 244See supra Part II.A. This conflict has made it more difficult for developing countries to provide education. Second, there has been an increase in violence targeting schools. 245See supra Part II.B. Terrorist groups may be killing children in part to protest Westernized education. 246See id. In order to combat these problems, this Comment proposed that initiatives promoting education incorporate Gandhi’s philosophy. Tanzania is a country that implemented educational policies similar to Gandhi’s proposals. 247See supra Part IV. The country has been successful in increasing the number of children who complete primary school. 248See id. The Tanzanian model for promoting education could be a new approach to protecting the right to education. However, this model may be criticized on two points. First, the argument could be made that allowing states to interpret the right to education in indigenous terms conflicts with the universal rights of girls. 249See supra Part V.A. Second, the argument could be made that the Tanzanian approach is not applicable to other developing countries because Tanzania was unique in having a strong leader. 250See supra Part V.B. This Comment proposed the partnership approach for countries with less stable governmental structures and listed two issues that local communities should be aware of when forming these partnerships. Partnerships between local communities and non-state actors may prove successful in bringing about universal access to education so long as local communities understand that non-state actors hold dissimilar understandings of the right to education and their efforts could potentially lead to an unequal administration of education.

Footnotes

1See G.A. Res. 217 (III) A, Universal Declaration of Human Rights art. 26(1) (Dec. 10, 1948); G.A. Res. 2200A (XXI), International Covenant on Economic, Social and Cultural Rights art. 13(1) (Dec. 16, 1966) [hereinafter Economic, Social and Cultural Rights]; G.A. Res. 44/25, Convention on the Rights of the Child art. 28(1) (Nov. 20, 1989); Org. of African Unity [OAU], African Charter on the Rights and Welfare of the Child, ¶ 11(3)(a), OAU Doc. CAB/LEG/24.9/49 (Nov. 29, 1999); G.A. Res. 55/2 Millennium Declaration, ¶ 19 (Sept. 18, 2000).

2See Universal Declaration of Human Rights, supra note 1; Economic, Social and Cultural Rights, supra note 1; Convention on the Rights of the Child, supra note 1; African Charter on the Rights and Welfare of the Child, supra note 1; Millennium Declaration, supra note 1.

3The eight goals listed in the Millennium Campaign are: (1) eradicate extreme poverty and hunger, (2) achieve universal primary education, (3) promote gender equality and empower women, (4) reduce child mortality, (5) improve maternal health, (6) combat HIV/AIDS, malaria and other diseases, (7) ensure environmental sustainability, and (8) establish a global partnership for development. Within each goal, there are specific targets that the international community has pledged to achieve. See Millennium Declaration, supra note 1; The Millennium Development Goals Report 2014, at 56 (2014) [hereinafter MDG Report].

4Millennium Declaration, supra note 1.

5Johan D. van der Vyver, Constitutional Protection of the Right to Education, 27 SA Pub. L. 326, 326–27 (2012) [hereinafter van der Vyver, Constitutional Protection of the Right to Education].

6MDG Report, supra note 3, at 16.

7Id. at 17.

8Id. at 5.

9Id. at 18.

10Id.

11Id.

12Id.

13Id.

14See generally Serge Theunynck, The World Bank, School Construction Strategies for Universal Primary Education in Africa (2009).

15Id.

16Id. at xi.

17See Farouk Chothia, Who Are Nigeria’s Boko Haram Islamists, BBC News (May 4, 2015), http://www.bbc.com/news/world-africa-13809501; Mushtaq Yusufzai et al., Death ‘All Around Me’: Victims Relive Pakistan School Massacre, NBC News (Dec. 16, 2014, 7:13 PM), http://www.nbcnews.com/storyline/pakistan-school-massacre/death-all-around-me-victims-relive-pakistan-school-massacre-n269011.

18See K.S. Bharathi, Thoughts of Gandhi and Vinoba 19 (1995); Johan D. van der Vyver, The Right to Self-Determination of Cultural, Religious and Linguistic Communities in South Africa, 14 Potchefstroom Electronic L.J. 1, 5 (2011) [hereinafter van der Vyver, The Right to Self-Determination].

19Bharathi, supra note 18, at 15.

20Id. at 127.

21See id. at 133; G. Ramachandran, The Gandhian Contribution to Education, in 3 Facets of Mahatma Gandhi 340 (Subrata Mukherjee & Sushila Ramaswamy eds., 1994); K.G. Saiyidain, Basic Education, in 3 Facets of Mahatma Gandhi 332 (Subrata Mukherjee & Sushila Ramaswamy eds., 1994).

22See Christopher Colclough et al., Achieving Schooling for All in Africa 124 (2003).

23Id.

24See Tamar Ezer et al., Child Marriage and Guardianship in Tanzania: Robbing Girls of Their Childhood and Infantilizing Women, 7 Geo. J. Gender & L. 357, 366 (2006).

25See Abdullahi An-Na’im, Human Rights in Cross-Cultural Perspectives 1, 2 (1991).

26V.H. Hundsdörfer & H. Hinzen, Education in Tanzania, in The Tanzanian Experience 1, 7 (V.H. Hundsdörfer & H. Hinzen eds., 1979).

27See Chothia, supra note 17 (discussing attacks by Boko Haram).

28See James A. Caporaso, Changes in the Westphalian Order: Territory, Public Authority, and Sovereignty, 2 Int’l Stud. Rev. 1, 1 (2000); Kanishka Jayasuriya, Globalization, Law, and the Transformation of Sovereignty: The Emergence of Global Regulatory Governance, 6 Ind. J. Global Legal Stud. 425, 425 (1999).

29Caporaso, supra note 28; Jayasuriya, supra note 28.

30Caporaso, supra note 28, at 2.

31Richard Devetak & Richard Higgott, Justice Unbound? Globalization, States and the Transformation of the Social Bond, 75 Int’l Aff. 483, 485 (2000).

32Id. at 487.

33Seo-Young Cho, Integrating Equality: Globalization, Women’s Rights, and Human Trafficking, 57 Int’l Stud. Q. 683, 683 (2000).

34Thomas L. Friedman, The Lexus and the Olive Tree 9 (2000).

35Id. at 8.

36Devetak & Higgott, supra note 31, at 491.

37Id. at 484.

38Christine Min Wotipka & Kiyoteru Tsutsui, Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 23 Soc. F. 724, 725 (2008).

39Kate Halvorsen, Notes on the Realization of the Human Right to Education, 12 Hum. Rts. Q. 341, 347 (1990).

40Id.

41Wotipka & Tsutsui, supra note 38.

42Halvorsen, supra note 39, at 341.

43Universal Declaration of Human Rights, supra note 1.

44Id.

45Mary Ann Glendon, The Rule of Law in the Universal Declaration of Human Rights, 2 NW. J. Int’l Hum. Rts. 1, 4 (2004).

46Economic, Social and Cultural Rights, supra note 1.

47Id.

48Id.; see also van der Vyver, Constitutional Protection of the Right to Education, supra note 5, at 326.

49Halvorsen, supra note 39, at 342.

50Convention on the Rights of the Child, supra note 1.

51U.N. Issues Call on Member States to Ratify Convention on Rights of the Child, U.N. News Ctr. (Sept. 19, 2013), http://www.un.org/apps/news/story.asp?NewsID=45894#.VpQIdUqANBc.

52Article 29(1) states:1. States Parties agree that the education of the child shall be directed to: (a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment.Convention on the Rights of the Child, supra note 1.

53Millennium Declaration, supra note 1.

54MDG Report, supra note 3, at 3.

55Id.

56Id. at 16.

57Id.

58Van der Vyver, Constitutional Protection of the Right to Education, supra note 5, at 326.

59Id.

60See MDG Report, supra note 3, at 4.

61See Chothia, supra note 17.

62See MDG Report, supra note 3, at 18.

63See Halvorsen, supra note 39, at 342.

64Id.

65Id. at 348.

66Id. at 348–49.

67Abdullahi An-Na’im, Cultural Transformation and Normative Consensus on the Best Interests of the Child, 8 Int’l J.L. & Fam. 62, 65 (1994).

68Id. at 63.

69Id. at 80.

70Joel Spring, The Universal Right to Education: Justification, Definition, and Guidelines 3–4 (2000).

71Id.

72Halvorsen, supra note 39, at 342; see also Maya Fehling et al., Limitations of the Millennium Devevlopment Goals: A Literature Review, 8 Global Pub. Health 1109, 1115 (2013) (“MDG 2 particularly fails to ensure quality issues such as availability of teachers, school infrastructure and maintenance . . . .”)

73Halvorsen, supra note 39, at 363.

74See, e.g., Susan Comrie, Target Practice, Afr. Decisions, http://www.africandecisions.com/health/target-practice/ (last visited Oct. 23, 2015).

75William Easterly, How the Millennium Development Goals Are Unfair to Africa 7–9 (Brookings Global Econ. & Dev., Working Paper No. 14, 2007).

76Id.

77See id.

78See id.

79See Spring, supra note 70, at 3−4.

80An-Na’im, supra note 67, at 72.

81Id.

82See id.

83See Halvorsen, supra note 39, at 348.

84See, e.g., Easterly, supra note 75.

85See Chothia, supra note 17; Yusufzai et al., supra note 17.

86See Chothia, supra note 17; Yusufzai et al., supra note 17.

87See Chothia, supra note 17; Yusufzai et al., supra note 17.

88Alex Perry, Boko Haram: Terror’s Insidious New Face, Newsweek (July 9, 2014, 5:53 AM), http://www.newsweek.com/2014/07/18/boko-haram-terrors-insidious-new-face-257935.html.

89See Abimbola Adesoji, The Boko Haram Uprising and Islamic Revivalism in Nigeria, 45 Afr. Spectrum 95, 100 (2010); Heidi Shultz, Nigeria’s Boko Haram: Who Are They and What Do They Want?, Nat’l Geographic News (May 7, 2014), http://news.nationalgeographic.com/news/2014/05/140507-boko-haram-nigeria-borno-state-maiduguri-mohammed-yusuf-abubukar-shekau-goodluck-jonathan-world.

90Chothia, supra note 17.

91Kirk Ross, Why Boko Haram Wages War Against Western Education, U.S. Naval Inst. News (May 16, 2014, 10:39 AM), http://news.usni.org/2014/05/16/boko-haram-wages-war-western-education.

92Id.

93Chothia, supra note 17.

94Shultz, supra note 89.

95Howard LaFranchi, Pakistan School Attack: Why Children Are Becoming a More Common Terror Target, Christian Sci. Monitor (Dec. 16, 2014), http://www.csmonitor.com/USA/Foreign-Policy/2014/1216/Pakistan-school-attack-Why-children-are-becoming-a-more-common-terror-target.

96See id.

97Mishal Husain, Malala: The Girl Who Was Shot for Going to School, BBC News Mag. (Oct. 7, 2013, 7:15 AM), http://www.bbc.com/news/magazine-24379018.

98Id.

99Id.

100Id.

101Id.

102Pakistan Mourns After Taliban Peshawar School Massacre, BBC News (Dec. 17, 2014, 6:39 AM), http://www.bbc.com/news/world-asia-30507836.

103Id.

104Yusufzai et al., supra note 17.

105Pakistan Mourns After Taliban Peshawar School Massacre, supra note 102.

106Lee Ferran, Taliban Uses Child to Justify Campaign of Violence, ABC News (Jan. 2, 2015, 4:19 PM), http://abcnews.go.com/International/taliban-child-justify-campaign-violence/story?id=27967394.

107See LaFranchi, supra note 95.

108Id.

109Id.

110Id.

111Id.

112See Halvorsen, supra note 39, at 348; Easterly, supra note 75.

113See Bharathi, supra note 18, at 11–34 (discussing the life and work of Gandhi).

114See id. at 15.

115See id. at 127.

116See Bharathi, supra note 18, at 129; Aïcha Bah-Diallo, Basic Education in Africa, JICA Res. Inst. (Mar. 3, 1997), http://jica-ri.jica.go.jp/IFIC_and_JBICI-Studies/english/publications/reports/study/topical/sub_sahara/keynote_1.html.

117Bharathi, supra note 18, at 19.

118See Colonialism in Africa, World Hist. Context, http://ic.galegroup.com/ic/whic/ReferenceDetailsPage/ReferenceDetailsWindow?failOverType=&query=&prodId=WHIC&windowstate=normal&contentModules=&display-query=&mode=view&displayGroupName=Reference&limiter=&currPage=&disableHighlighting=false&displayGroups=&sortBy=&search_within_results=&p=WHIC%3AUHIC&action=e&catId=&activityType=&scanId=&documentId=GALE%7CCX3400100093&source=Bookmark&u=mlin_c_montytech&jsid=2cbd7c923dd9a99f1fb469bec142a57c (last visited Jan. 25, 2016).

119Woodrow Wilson proposed the mandate system in his second draft of the League of Nations Covenant. The concept was first developed by Jan Christian Smuts, a South African scholar who participated in talks at the Paris Peace Conference in 1919. See van der Vyver, The Right to Self-Determination, supra note 18, at 5.

120Howard Witt, Africa’s Last Colony Becomes Independent, Chi. Trib. (Mar. 21, 1990), http://articles.chicagotribune.com/1990-03-21/news/9001230677_1_namibia-black-majority-rule-independence.

121See Bharathi, supra note 18, at 15.

122Id. at 13.

123Id.

124Id.

125See id. at 13–15.

126See MDG Report, supra note 3, at 16.

127Bharathi, supra note 18, at 127.

128Id.

129Saiyidain, supra note 21, at 332.

130Bharathi, supra note 18, at 133.

131Id.

132Id.

133Id.

134Id.

135Id. at 134.

136Id. at 45.

137Saiydain, supra note 21, at 333.

138Bharathi, supra note 18, at 128.

139Id.

140See Saiydain, supra note 21, at 333.

141Bharathi, supra note 18, at 128.

142Id. at 136.

143Saiyidain, supra note 21, at 335.

144Ramachandran, supra note 21, at 342.

145Bharathi, supra note 18, at 128.

146Id.

147Id. at 129.

148Id.

149See id.

150See Philemon A.K. Mushi, History and Development of Education in Tanzania 33 (2009).

151Id. at 3.

152See id.

153See id. at 41.

154See id. at 4−5.

155Id. at 3.

156Id.

157Id.

158Id. at 29.

159Id. at 4.

160See id.

161Id.

162Id. at 41−42.

163Colclough et al., supra note 22, at 121.

164Id.

165Id.

166Id.

167See id.

168Id.

169Id.

170Id. at 167.

171F.L. Mbunda, Primary Education Since 1961, in The Tanzanian Experience 88 (V.H. Hundsdörfer & H. Hinzen eds., 1979).

172Hundsdörfer & Hinzen, supra note 26, at 7.

173Mbunda, supra note 171, at 89.

174Colclough et al., supra note 22, at 124.

175Id.

176Id.

177David Gartner, Transnational Rights Enforcement, 31 Berkeley J. Int’l L. 1, 13 (2013).

178Mbunda, supra note 171, at 88.

179See Constitution of the United Republic of Tanzania, 1977 art. 11 (“[T]he government shall endeavor to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education.”).

180Gartner, supra note 177, at 13.

181Id.

182Id.

183Id. at 14.

184Tanzania Abolishes Secondary School Fees. But Does Anything Come For Free?, Global Educ. Monitoring Rep.: World Educ. Blog (Dec. 15, 2015), https://efareport.wordpress.com/2015/12/15/tanzania-abolishes-secondary-school-fees-but-does-anything-come-for-free/.

185See Gov’t of the United Republic of Tanzania, Primary Education Development Plan (2002-2006), at 5 (2001); The Price of School Fees, Educ. Today (UNESCO, Paris, Fr.), July-Sept. 2004, at 4.

186Mbunda, supra note 171, at 88.

187See id.

188J.K. Nyerere, The Overall Education Conception, in The Tanzanian Experience 26 (V.H. Hundsdörfer & H. Hinzen eds., 1979).

189Mbunda, supra note 171, at 88.

190Id.

191Id.

192Nyerere, supra note 188, at 26.

193Id.

194Id. at 27.

195Id.

196See Ezer, supra note 24, at 359.

197See id.

198Id. at 390.

199Id. at 391.

200Id.

201Id.

202Id.

203Id. at 390–91.

204Id. at 423.

205See Nicholas D. Kristof & Sheryl WuDunn, Half the Sky 64−65 (2009).

206An-Na’im, supra note 25, at 2.

207Id. at 3.

208Abdullahi A. An-Na’im & Jeffrey Hammond, Cultural Transformation and Human Rights in African Societies, in Cultural Transformation and Human Rights in Africa 14 (Abdullahi A. An-Na’im ed., 2002).

209Id. at 16.

210Id.

21119th Amendment to the U.S. Constitution: Women’s Right to Vote (1920), Nat’l Archives & Records Admin.: Our Documents, http://www.ourdocuments.gov/doc.php?doc=63 (last visited Jan. 28, 2016).

212Id.

213See Mushi, supra note 150, at 95.

214Devetak & Higgott, supra note 31, at 491.

215Kristof & WuDunn, supra note 205, at 177.

216Bharathi, supra note 18, at 132.

217Devetak & Higgot, supra note 31, at 491.

218Id.

219Kristof & WuDunn, supra note 205, at 162−63.

220Id. at 163.

221Id.

222Id.

223Id. at 164.

224See Ian Gary, Confrontation, Co-operation or Co-optation: NGOs and the Ghanaian State During Structural Adjustment, 23 Rev. Afr. Pol. Econ. 149, 149 (1996); Glen W. Wright, NGOs and Western Hegemony: Causes for Concern and Ideas for Change, 22 Dev. Prac. 123, 124 (2012).

225Sally Engle Merry, Human Rights & Gender Violence: Translating International Law into Local Justice 103 (2006).

226See Devetak & Higgot, supra note 31, at 126.

227See Claire Mercer, Reconceptualizing State-Society Relations in Tanzania: Are NGOs’ Making a Difference?, 31 Royal Geographical Soc’y 247, 249 (1998).

228Merry, supra note 225.

229Kristof & WuDunn, supra note 205, at 177. For example, a “Western aid group, trying to improve the hygiene and health of Afghan women, issued them bars of soap—nearly causing a riot. In Afghanistan, washing with soap is often associated with postcoital activity, so the group was thought to be implying that the women were promiscuous.” Id. at 162.

230Wright, supra note 224, at 126.

231Id.

232Id. at 125−26.

233Id. at 126.

234Id.

235Id.

236Id.

237Mercer, supra note 227, at 249. This problem of unequal access to aid programs was also prevalent in Afghanistan, where the resources did not reach far into the countryside where it was most needed. Kristof & WuDunn, supra note 205, at 161.

238Mercer, supra note 227, at 249.

239Id. at 249 fig.1.

240Id. at 249–50 tbl.1.

241Id.

242See id.

243See supra Part I.

244See supra Part II.A.

245See supra Part II.B.

246See id.

247See supra Part IV.

248See id.

249See supra Part V.A.

250See supra Part V.B.

Managing Editor, Emory International Law Review; J.D. Candidate, Emory University School of Law (2016); B.A, cum laude, Departmental Highest Honors, University of California, Los Angeles (2013). Thank you to my advisor, Professor Abdullahi Ahmed An-Na’im, for sharing his passion and wisdom with me. Special thank you to my family for the continuous support.