A/HRC/16/59
D.
Focus on the right to education
50.
In paragraph 1 of its general comment No. 13 (1999), the Committee on Economic,
Social and Cultural Rights notes that education is essentially an enabling right: “Education
is both a human right in itself and an indispensable means of realizing other human rights.”
As such, the Special Rapporteur begins his assessment of the situation of economic, social
and cultural rights in Myanmar with the right to education.
51.
Although Myanmar has not ratified either of the two main human rights covenants,
the right to education is explicitly covered by article 26 of the Universal Declaration of
Human Rights, which states, inter alia, that “everyone has the right to education”, and it is
covered by article 28 of the Convention on the Rights of the Child to which Myanmar is a
State party.
52.
Moreover, Myanmar is also a State party to the Convention on the Elimination of
All Forms of Discrimination against Women, which further binds the Government to the
obligation to promote, protect and fulfil the right to education.
53.
National authorities are responsible for realizing the right to education for the
people. Article 28 of the 2008 Myanmar constitution includes State duties to implement
free primary education, improve education and implement a modern education system.
54.
The Special Rapporteur recognizes that Myanmar has made commitments to
implement the right to education. In 1990 the State adopted the World Declaration on
Education for All. The Education Law of 2000 provides for compulsory education,
although it is not effectively enforced. The Government of Myanmar has developed a 30year education development plan that incorporates the vision of creating “an education
system that will generate a learning society capable of facing the challenges of the
Knowledge Age,” as well as a more detailed plan, namely, Education for All: National Plan
of Action (2003-2015). However, neither act as adequate planning frameworks and they do
not have accompanying budgets. In fact, it appears that there is no overall education budget
and finances are fragmented, with 13 ministries running education institutes.
55.
The lack of reliable data, particularly data disaggregated by gender, age, and urban
and rural area, which the Committee on the Rights of the Child recommended the
Government remedy, as well as the difficulty in obtaining data on public expenditures, pose
a challenge to addressing the education situation in Myanmar. The lack of data further
reduces the capacity of the Ministry of Education to manage its responsibilities in ensuring
the right to education.
56.
According to the United Nations Educational, Scientific and Cultural Organization
(UNESCO), two main indicators are used to measure government commitment to
education: education expenditure as a share of national wealth or gross domestic product
(GDP) per capita and the share of the total public budget devoted to education. Other
indicators are also available, such the table of illustrative indicators on the right to
education prepared by OHCHR in consultation with UNESCO. It is estimated that
Myanmar has spent 1.3 per cent of its GDP on education in recent years, although one
international source put the figure for 2010 at 0.9 per cent. According to the Government,
0.4 per cent of GDP was spent on primary education in 2002. What is apparent is that the
expenditure is very low by international standards. Governments in North America and
Western Europe invest 5.6 per cent of the regional GDP. In East Asia and the Pacific only
2.8 per cent of GDP is spent on education, but this average for the region is still up to three
times higher than Myanmar’s expenditure. Although the Government claims that education
is a high priority for national development, the resources allocated to education are
woefully insufficient and do not reflect this.
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