Education Rights, Policies, and Inequality in South Africa - PDF

See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/222152250 Education rights, education policies and inequality in South Africa Article in International Journal of Educational Development · July 2006 DOI: 10.1016/j.ijedudev.2005.09.004 CITATIONS READS 114 16,478 2 authors: Carol Anne M Spreen Salim Vally New York University University of Johannesburg 36 PUBLICATIONS 393 CITATIONS 44 PUBLICATIONS 660 CITATIONS SEE PROFILE SEE PROFILE All content following this page was uploaded by Salim Vally on 15 January 2020. The user has requested enhancement of the downloaded file. 3B2v8:06a=w ðDec 5 2003Þ:51c Prod:Type:FTP ED:JanaganP: þ model EDEV : 879 pp:1211ðcol:fig::NILÞ PAGN:Mamatha SCAN: ARTICLE IN PRESS 1 3 International Journal of Educational Development ] (]]]]) ]]]–]]] www.elsevier.com/locate/ijedudev 5 7 Education rights, education policies and inequality in South 9 Africa 11 Carol Anne Spreen, Salim Vally 13 University of Maryland, College Park, MD 20742, USA F 15 O 17 Abstract O 19 In this article we explore education policy changes in South Africa through a rights-based framework. We situate our PR analysis in the context of deepening poverty and inequality arguing that progress (or the lack thereof) in schools cannot be 21 divorced from poverty and its consequences. We show that education reform in South Africa has been situated within a policy frame that results in a tension between cost recovery and redressing historical backlogs. We argue that the 23 introduction of user fees and the burden of other costs have rendered abstract the idea of education as a ‘right’. The deﬁnition of rights is extended to include the quality of education and educational opportunities. We question the D 25 constitutional and legislative romanticism surrounding a rights-based discourse and encourage a re-conceptualisation of human rights in education. Finally, we examine the resurgence of education social movements in relation to TE 27 democratisation, educational transformation and human rights in South Africa. r 2005 Elsevier Ltd. All rights reserved. 29 Keywords: Poverty and education policy; Education rights; Cost of education; Education social movements; Social justice and education; EC Post-apartheid education policy 31 33 R 1. Introduction Yet, despite new laws, social protections and 53 35 many progressive changes in the 10 years of South R A founding principle of the South African Africa’s democracy, social injustice remains perva- 55 37 Constitution is common citizenship and equal sive. This article represents a signiﬁcant departure O enjoyment of an array of rights including freedom from much of the post-apartheid education policy 57 39 of belief, religion, expression, assembly and associa- analysis in South Africa, which remains lodged C tion. A range of socio-economic rights including the within a liberal conception of rights. We argue that 59 41 right to basic and adult education and the rights of collective human rights—as opposed to the liberal N children are also emphasised in the Bill of Rights. conception of rights which is based on the notion 61 43 The lyricism of the phrases in the Constitution and that those who succeed in society do so because of U the promise of these words of justice, after decades their own individual attributes and those who fail 63 45 of apartheid, has become a symbol of hope for do so because of their deﬁcits and weaknesses— advocates of social justice the world over. better illuminates the structural and contextual 65 47 conditions of poverty and inequality that remain Corresponding author. Tel.: +1 301 405 1000. in South Africa. 67 49 E-mail address: [email protected] (C.A. Spreen). 69 51 0738-0593/$ - see front matter r 2005 Elsevier Ltd. All rights reserved. doi:10.1016/j.ijedudev.2005.09.004 EDEV : 879 ARTICLE IN PRESS 2 C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 1 In ‘Taking Suffering Seriously’ Felice describes In this paper we examine the failure of education 53 the discrepancy between the existing normative policies and laws to ensure the attainment of 3 framework of society and its reality. He points out education rights for the majority of South Africans. 55 that the ‘‘ruling ideology, often in the form of rights, Our analysis extends beyond ‘rights to education’ 5 disguises reality, blurs perceptions and creates and argues as well for ‘rights in education’. 57 illusions’’ (Felice, 1996). In the preface to Felice’s ‘Rights to education’ are closely tied with human 7 book, Falk concurs that despite its pretensions of rights universals that have currency in the many 59 expediently promoting democracy, neo-liberalism as international agreements, declarations and treaties 9 an operational ideology is radically inconsistent to which most countries (including South Africa) 61 with the defence of human rights, if human rights have signed, whereas ‘rights in education’ include 11 are perceived in relation to suffering rather than as education quality and opportunities to learn. 63 ‘‘abstract ground rules governing the relations of Education rights should be more than the percep- 13 individuals to the state’’ (Felice, 1996). tion that they are merely moral entitlements that are 65 South Africa’s negotiated settlement, the Truth justiﬁable. We view rights collectively—as products F 15 and Reconciliation Commission, the Bill of Rights of a web of relations: social, economic and political, 67 clauses in the Constitution and the establishment of from which social relations arise. Our approach is to O 17 statutory organisations such as the South African set education policy analysis within this broader 69 Human Rights Commission and the Commission framework of rights. O 19 for Gender Equality, for all the important work In the following sections we will explore the 71 they have accomplished, still disguises the funda- relationship between education and human rights as PR 21 mental social differences between people in South a tool for policy analysis. In the next section, we 73 Africa. The language of rights masks privation and discuss the dissolution of rights in education as a 23 obscures this reality by presenting rights as if they policy ﬁeld by uncovering the scaffolding of some 75 are common to all despite the fact that they are ﬁnance-driven reforms and policies that have not D 25 unattainable for the majority. Proceeding as if rights reduced educational inequalities in post-apartheid 77 exist for all inhibits the ability of people to recognise South Africa. TE 27 the circumstances when they are in fact, illusory. A 79 single mother in Soweto compared to a suburban- 2. Poverty, inequality and education in South Africa 29 based corporate executive cannot be said to have the 81 EC same power of political persuasion or opportunity. The attempts of students from sprawling informal 31 These are real distinctions that give some people settlements and poor townships and rural areas to 83 advantages and privileges over others. link poverty to the obstacles that prevent them from 33 Conventions, constitutional obligations and re- accessing and receiving quality education has 85 R quisite legislation around education rights often become a feature of community struggles in the 35 permit individuals and groups to hold governments past year in South Africa. Below we highlight recent 87 R accountable for the progressive realisation of rights. events that underscore the inter-relationship be- 37 Too often though, human rights in education with tween community struggles and schooling, and how 89 O attendant legislative and policy sops are reduced to these pressures impact on children and their rights 39 mere mantra-like recital of human rights declara- in education. 91 C tions. Keet (2005) examines at a conceptual level the 41 contradictions in the human rights discourse of On the 31st August 2004, Teboho Mkhonza, 17, 93 N education as a public good in ‘an age of markets’. left school early to protest against unemployment 43 Focusing on South Africa, he shows concretely not and the parlous delivery of services in Intabezwe 95 U only how ‘education-as-a-human-right’ remains township in the Free State province. The protest 45 elusive but also why it has failed to prevent the was the culmination of entreaties to various 97 increasing commodiﬁcation of education and the authorities spanning many months. The march 47 attainment of social, economic and environmental ended in tragedy. In scenes captured on ﬁlm that 99 justice. Keet further argues that human rights were reminiscent of the apartheid era, police shot 49 universals are often constructed in an instrumental- at protestors without provocation. Twenty-ﬁve 101 ist way restricting education rights to a discussion of protestors, including one as young as eight, were 51 international frameworks. shot with rubber bullets and live ammunition as 103 they tried to ﬂee. Police were also seen beating EDEV : 879 ARTICLE IN PRESS C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 3 1 protestors including Teboho, who later died in tants of South Africa’s townships such as Inta- 53 prison. bezwe, Phoenix and Katlehong are not limited to a 3 few communities; they are pervasive and have been 55 A June statement issued by the Education Rights increasing. In 1998 the Poverty and Inequality 5 Project in Kwazulu-Natal read ‘‘the newly Hearings provided evidence that poverty was still 57 elected ANC provincial government has intro- a major obstacle blocking access to education, and 7 duced itself to the poorest urban communities in the costs of school fees, uniforms, stationery and 59 Kwazulu Natal by shooting a 19 year old boy at transport imposed too heavy a burden on many. 9 point blank range. The community of Rink Issues affecting the quality of education and 61 Greenwalk was shaken by the brutal shooting opportunities to learn, i.e. the lack of electricity, 11 of Marcel Kingy[who] was shot in the mouth desks, adequate water and sanitation facilities in 63 whilst protecting his mother who was trying to schools were also referred to in a number of 13 protect her home from having her electricity submissions.3 65 disconnected.’’ And in another tragic event in the In this context of rising poverty and inequality F 15 township of Katlehong in Gauteng, ﬁfteen-year- and growing protests over school fees and other 67 old Nhlanhla Masuku, a grade eight pupil, and substantial barriers to educational access by the O 17 twenty-one-year old Dennis Mathibidi, in his last poor, communities have grasped a fact that some- 69 year at school, were also killed as their families times seems to elude education policy analysts: O 19 resisted being evicted for allegedly defaulting on progress (or the lack thereof) in schools cannot be 71 the payment of housing loans.1 divorced from poverty and its consequences. We PR 21 cannot expect children to come to school ready to 73 We describe the tragic deaths of these ﬁve school- learn if they are hungry; if they have been evicted 23 children to underscore the gravity of the situation of from their homes or if they lack light by which to 75 deepening poverty and inequality in South Africa read at night. And issues of access to schools are not D 25 and it is within this context that we situate our the only considerations affecting a learner’s right to 77 analysis of education rights and education policies.2 education. The ‘quality’ and relevance of the TE 27 The desperate poverty and the deprivation of education a child receives also has an effect, as 79 ‘substantive freedoms’ experienced by the inhabi- does the problem of school violence. Faced with 29 1 situations of sexual violence, harassment or rape; 81 In a commemorative meeting on June 16th 2004 (4 months EC after the ﬁve deaths) ERP representative Sarah Motha docu- crime and physical abuse one can hardly question 31 mented that ‘‘hundreds of members from different resident why some learners dropout from school. 83 associations’’ gathered in protest. Their actions linked the 1976 33 Students Uprising to the contemporary struggles for quality 85 2.1. The right to education R public education and against house evictions and utility disconnections (ERP, 2004). 35 2 According to a United Nations Development Programme 87 Unlike other educational policy analyses, our use R report released in May 2004, nearly 22 million South Africans of a rights framework recognises the link between 37 (48.5% of the population) fell below the poverty line—R354 a 89 education rights and other human rights. We believe O month—compared to 20.2 million or 51% in 1995 (UNDP, 2004). Statistics SA a statutory body also noted that the rate of education operates as a multiplier, enhancing the 39 91 C unemployment soared from 16% in 1995 to almost 30% in 2000 3 (Statistics South Africa, 2002). Survival strategies such as Between 31 March and 19 June 1998 over 10,000 people 41 employment in precarious and poorly paid work in the informal participated in the campaign by either attending the hearings, 93 N sector are not considered in these unemployment statistics. The mobilising communities or making submissions. The hearings 43 addition of such categories would increase the unemployment organised thematically and held in all nine provinces, dealt with 95 U ﬁgures to catastrophic levels. Although the ruling party has unemployment, education, housing, health, the environment, claimed that government spending on welfare and service social security and rural urban development. The hearings were 45 subsidies has boosted the effective incomes of the poor and supplemented by background papers compiled by NGOs and 97 ameliorated poverty, the UNDP report found that 65% of research organisations involved in the different ﬁelds. The 47 households are still deprived of access to at least one basic social research focused on the impact of poverty and inequality in 99 service. Although the government document ‘‘Toward a Ten education and its impact on people’s lives; the extent to which Year Review’’ lists the progress made in housing, electriﬁcation current practices and policies contributed to improve conditions 49 101 and housing since 1994, it is silent about the number of those who and recommendations on the measures required to assist groups have defaulted on their home loans and those who have suffered to access their socio-economic rights. The Education Policy Unit 51 disconnections as a result of failure to pay the user fees for these co-coordinated the gathering of submissions and served as a 103 utilities. resource for the Education Section. EDEV : 879 ARTICLE IN PRESS 4 C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 1 enjoyment of all individual rights and freedoms 2.2. Rights in education 53 where the right to education is effectively guaran- 3 teed, while depriving people of the enjoyment of The quality of education, particularly in rural and 55 many rights and freedoms where the right is denied historically disadvantaged communities in South 5 or violated. In this sense we support the view of Africa is also a human rights issue. The impressively 57 Amartya Sen on ‘human capability’ that focuses on high enrolment rates in South Africa of both boys 7 the ability—the ‘substantive freedom’—of people to and girls (compared to other African states) do not 59 lead lives they have reason to value and to enhance reveal the ability of the system to retain learners nor 9 the choices they have (Sen, 2000). provide a ‘quality’ education. According to the 61 In a presentation at the inaugural ceremony of Intergovernmental Review (National Treasury, 11 the Education Rights Project (ERP) (Tomasevski, 2003, p. 68) the average throughput rate and the 63 2002), Katerina Tomasevski UN Special Rappor- differential between children in the ﬁrst year and the 13 teur on Education irascibly addressed the South ﬁnal year of schooling—‘On average for every 100 65 African government: children in Grade 1, there are 52 in Grade 12’—is F 15 suggestive of a high dropout rate. The recent 67 Education For All Global Monitoring Report O My most serious complaint against South Africa 17 (UNESCO, 2004, p. 392) places the ‘survival rate’ 69 is that it has not eliminated school fees. If of South African children reaching Grade 5 at close O Uganda, which is a much poorer country, can 19 to 65%, lower than Zambia, Tanzania, Namibia, 71 afford it, why not South Africa? Where is the Lesotho and Swaziland. Statistics also indicate that PR money that could be used to provide education? 21 progression rates decline even further in the later 73 Look at where the money is going. What is the grades (Bot, 2003). human rights impact of the current economic 23 Despite signiﬁcant attempts to equalise funding 75 policy? What are its gender impact and its racial and resource allocation, material inequalities be- impact? The second thing is that education D 25 tween schools continue to be stark. The national 77 cannot be treated only as a ﬁnancial issue. It School Register of Needs Survey which quantiﬁes should also be seen as a means of eliminating TE 27 the provision and state of infrastructure and 79 institutionalised racismyThe government needs facilities (Department of Education—henceforth to realise that the free provision of quality 29 DoE, 2001) indicates that while there has been 81 education to the poor is the most effective anti- EC general progress in educational provision since the racist programme it can embark onyThe right 31 previous survey (conducted in 1996), adverse con- 83 to education must be linked with other human ditions remain and in some instances have in- rights needs—the eradication of poverty and the 33 creased. The survey estimates that 27% of schools 85 eradication of discrimination. R have no running water, 43% have no electricity, 35 80% have no libraries and 78% have no computers. 87 R The South African Human Rights Commission Even in schools that have toilets, 15.5% are not 37 (SAHRC) estimates that nearly sixteen percent of working. The survey also suggests that due to 89 O children between the ages of six and fourteen are overcrowded conditions over 10,700 additional 39 not in school (SAHRC, 2004). Poverty or inability classrooms are needed. 91 C to afford school fees and other education costs was President Mbeki’s State of the Nation Address 41 the reason given most often by out-of-school (Mbeki, 2005) conceded that the school infrastruc- 93 N children (Dieltiens and Vally, 2001). In addition, ture programme—where ‘‘we had committed our- 43 the impact of the HIV/AIDS pandemic, physical selves in 2002 to ensure that within 3 years, no child 95 U disability and early pregnancy prevent children studied under a tree’’—had failed. The shortage of 45 from attending school; there are also a signiﬁcant classrooms is highlighted in the latest South African 97 number of children compelled to work to supple- Human Rights Commission report, which estimated 47 ment family income. Getting to and from schools is that learners were accommodated in 16,350 spaces 99 also a problem, as many learners in rural areas lack other than classrooms around the country 49 transport and must walk great distances to reach (SAHRC, 2004). These spaces included halls, 101 their schools. ofﬁces, staff rooms, storerooms, passages and under 51 trees. If each of these spaces accommodate 35 103 learners, a conservative estimate, astoundingly well EDEV : 879 ARTICLE IN PRESS C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 5 1 over half a million young people are being ‘taught’ bodies (SGBs)—which beneﬁted primarily middle- 53 under appalling conditions; the quality of education class and ‘White’ schools—whereby local commu- 3 received by these learners is not even under nities would have ownership and local account- 55 discussion. Bot (in NALEDI, 2005) writes that ability and could thus control how monies would be 5 there is a shortage of 57,000 classrooms and that as raised and spent. In hindsight, Tikly’s warning was 57 a consequence only 80% of an educator’s time can prescient: ‘‘Leaving the question of access for black 7 be properly utilised. to historically white schoolsyto market forces is 59 In the next section we examine school funding extremely problematic in the South African situa- 9 policies—which affects both access (or the right to tion. If past experience is anything to go by, there is 61 education) and quality of education (rights in every reason to believe that many white parents will 11 education). Policy issues related to school funding, continue to prefer to set higher fees rather than 63 school fees, ‘hidden costs’, and various community admit more blacks’’ (Tikly, 1997). This user-fees 13 responses to these constraints allow us to explore option was confounded by the over-demand for 65 the intersection and relationship between poverty limited places in historically White schools, creating F 15 and education as a human right. The introduction upwards price pressure on school fees further 67 of user fees and other hidden education costs has excluding the poor. O 17 rendered abstract and largely meaningless the idea From the onset, negotiations over the Bill were 69 of education as a ‘right.’ marked by controversy and hundreds of parents O 19 staged walkouts. Wealthy parents claimed that their 71 3. The cost of education: school funding, user fees rights (to determine their own level and types of PR 21 and local politics of control fees) were being violated because their ﬁnancial 73 decisions were in the process of being overruled by 23 The South African Schools Act (DoE, 1996a,b) the imposition of a national redistributional school 75 created the legal framework for the establishment of ﬁnancing agenda (Chisholm et al., 2003). Ultimately D 25 a single coherent and democratic system of school- these conservative voices won out resulting in 77 ing. Under the School Education Bill, two cate- leaving the funding levels in former (‘White’) Model TE 27 gories of schools, public (98%) and independent C schools relatively unchanged. 79 (2%) were created; education was deemed compul- 29 sory for all children between the ages of six and 3.2. Redistributional funding 81 EC ﬁfteen. Furthermore, the South African Bill of 31 Rights requires that certain basic services be Other equity reforms introduced in the late-1990s 83 provided to all citizens, including health, education did appear to try to equalise funding among the 33 and welfare (Sections 27 (1) and 29(1)). Changes to provinces, schools and socio-economic groups. An 85 R the organisation, governance and funding of schools example of policy failures though, despite the right 35 involved by necessity, negotiations with the White equity intentions, can be found in the Norms and 87 R governing bodies of Model C schools before their Standards for School Funding (1998), which was 37 rights, powers and functions could be altered. This intended to guide the distribution of the provincial 89 O stipulation, contained in sections 247 of the interim departments’ non-personnel expenditure between 39 constitution, was arrived at during the negotiations schools. Under the guidelines, schools were ranked 91 C between the ANC and the National Party. The on the basis of two factors: the poverty of the school 41 intention was to reassure White parents and community and the conditions at the school, and 93 N teachers that no dramatic alterations would be the subsequent resource allocation was based on 43 instituted without their involvement. The following this school poverty index. The funding principle 95 U examples begin to illustrate the complexities around determined that 60% of non-personnel resources 45 ‘participation’, ‘consensus’ and the sway of con- should go to 40% of the poorest schools. Many 97 servative forces in policy formulation as a result of problems with this policy have been identiﬁed 47 the negotiated settlement. elsewhere (see Wildeman, 2001; Chisholm et al., 99 2003). 49 3.1. User fees and local control of funding While the ‘Norm and Standards’ policy does shift 101 funds to the poorer schools, it only distributes on 51 Section 247 of the interim constitution consider- average, 7.8% of provincial education department’s 103 ably strengthened the powers of school governing budgets (Chisholm et al., 2003). For Wildeman the EDEV : 879 ARTICLE IN PRESS 6 C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 1 aim of the policy was to isolate the primary poor schools, a policy working for those who can 53 beneﬁciaries, the ‘poorest of the poor’ and increase pay for it’’ (Dieltiens, 2004). 3 the ability of the state to hold on to the twin Looking at these issues from an education rights 55 objectives of ﬁscal discipline and redress. Yet, in perspective, we ﬁnd several problems with the many 5 most provinces, poverty and poor infrastructure is policy assumptions for school funding and user fees. 57 the norm. Thus, an emphasis on the ‘poorest of the First, since individual SGBs are allowed to set their 7 poor’ excludes a large number of ‘poor’ learners own fees with no limitations, historically privileged 59 whose situation is deteriorating (see footnote 2). schools were able to maintain higher funding levels 9 Reﬂecting on this impact, Soudien et al. (2001) signiﬁcantly above poorer schools (even within the 61 argues ‘‘issues of equity and redress in school now same province), thereby largely maintaining in- 11 play themselves out primarily through school choice equalities in education. Second, this option had a 63 and admission policies.’’ dramatic effect on student mobility—the trend is 13 Research conducted by the Education Policy Unit clearly towards fee-paying parents moving their 65 (2002) having examined all ﬁnancial data for public children to better endowed schools, or worse, F 15 schools in Gauteng (a comparatively richer pro- preventing enrolment of children of poorer parents 67 vince) including state funding (through post-provi- (who will be exempt from fees) from entering their O 17 sioning and the Norms and Standards policy) and school. Third, policymakers wrongly assumed that 69 private funding (mostly through user fees) found the the SGBs would have the capacity to determine O 19 following: expenditure on teachers is higher in the parental income and raise funds accordingly— 71 richer schools—due to the concentration of more ignoring the difﬁculty in accurately getting this PR 21 qualiﬁed teachers and curriculum weightings in ﬁgure. We argue that they also disregarded the 73 favour of larger subject choices in the richer schools; social implications and the potential to undermine 23 learner:educator ratios were much larger in poorer social cohesion within a community. We also ﬁnd 75 schools and the total expenditure per learner in fault with the assumption that parents living in D 25 schools (combining government funding and school poverty are in a position to engage constructively 77 fees) dramatically favours children in higher socio- with school authorities to request an exemption TE 27 economic status schools. There is also a trend from paying fees (Seleoane, 2001). 79 toward a labour market in teachers favouring In the next section we examine the praxis and 29 schools that are able to levy higher school fees. alternative educational policy approaches developed 81 EC Between the years 1996 and 2000 state-paid teachers by social movements. These approaches are derived 31 decreased by 23,642 while SGB-paid teachers from a conception of rights rather than from what is 83 increased by 19,000 (DoE, 2001, p. ix). perceived as ‘limited’ resources. Organisations in 33 Based on a recent study of SGBs in three South civil society have for some time now campaigned for 85 R African provinces, Chaka and Dieltiens (Dieltiens, an approach that emphasises the right to education 35 2004) argue that the policy requirement that SGBs and that the cost of a baseline standard for basic 87 R supplement state funds to improve education is education must drive a funding strategy, rather than 37 ‘‘embedded in the neo-liberal tradition that advo- a ‘closed-budget’ view. The People’s Budget Cam- 89 O cates rolling back the state and bringing private paign proposals of the Congress of South African 39 resources into areas where the state has traditionally Trade Unions, the South African Non-Governmen- 91 C been responsible’’. The study does not simplistically tal Coalition, the South African Council of 41 attribute problems of local education merely to the Churches and other groups (NALEDI, 2005) entail 93 N state’s macro-economic policy but also points to a increasing education spending as a percentage of 43 complex set of reasons including power relations at total spending without cuts to other forms of social 95 U the local level, the lack of training and capacity as spending; increasing spending on Early Childhood 45 well as gender inequalities. Dieltiens (2004) though Development and Adult Basic Education and 97 does emphasise the link between the ‘‘seeming Training and the scrapping of school fees. Counter- 47 impotence of local participation’’ with ‘‘the dom- ing the popular argument that ‘‘education is the 99 inance of neo-liberalism.’’ She argues, ‘‘In school- largest single item in the Budget and cannot be 49 ing, the hidden hand of the market has become the increased’’, the Campaign points out that while the 101 veiled regulator of policy. The strain on the education budget is large, the redistributive thrust is 51 education budget and the continued reliance on limited. They make the point that education as a 103 user fees has seen a yawning gap between rich and percentage of total spending and the projected EDEV : 879 ARTICLE IN PRESS C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 7 1 decreases in spending over the medium term (e.g. amount of school fees charged, cost of uniforms, 53 the decrease in spending in the year 2001/2002 was books transport, provision of meals in schools, 3 from 26% of total spending to 21.9% projected for household incomes and violations of their rights— 55 the year 2006/2007), necessitates that resources to that often counter government facts and ﬁgures. 5 turn around the educational system will not be The ERP is a participatory action research unit 57 available (NALEDI, 2005). that works closely with community activists and 7 It is worth noting that the state has tentatively grassroots movements in its ﬁve campaign areas 59 responded to this challenge by reviewing the costs of namely, the cost of education, infrastructure and 9 public education (DoE, 2003). In its document, the facilities, sexual harassment and violence, rural 61 Review of Financing, Resourcing and Costs of schooling and, adult basic education. Similar to 11 Education in Public Schools the state considers the earlier People’s Education Movement, the 63 issues such as the constitutional provision of basic ERP’s research initiatives with the various emerging 13 education and its ﬁnancing; the adequacy of overall social movements and community organisations, is 65 budgetary expenditure; the effects of decentralisa- a form of social accountability. It asserts the need F 15 tion; the role of private inputs to public education for civil society to have access to collective self- 67 and the redistribution of personnel costs (Motala, knowledge, in order to hold the state to account for O 17 2003). Although the speciﬁc legislative, resourcing its policies. Participatory research is used as a social 69 and other mechanisms for the different options check on the state’s ‘numbers’ and ‘statistics’, which O 19 suggested in this document are not clariﬁed, and are forwarded by state functionaries as ‘ofﬁcial 71 although education social movements have found justiﬁcation’ for its policies, and in this instance, the PR 21 many shortcomings in the Review (Responses by the right to education. 73 ERP, the South African Democratic Teachers Issue papers on the ﬁve campaign areas are 23 Union and the National Association of School written and debated with a reference group, con- 75 Governing Bodies, 2003) it does portend movement sisting of academics and social activists working in D 25 in a positive direction. education. In this way the project ensures that 77 scholarship makes a contribution to dealing with TE 27 4. Education rights and participatory action social challenges without romanticising the capacity 79 of communities to conduct research; yet it enables 29 We believe that mobilising broad constituencies— communities themselves to profoundly inform, 81 EC acting in coalitions—is necessary to ensure that direct, own and use research produced through 31 changes occur by extending the reach of human their efforts. According to Kincheloe and McLaren 83 rights instruments in order to target institutions (1998), this type of participatory research ‘‘becomes 33 (which have obligations under international and a transformative endeavour unembarrassed by the 85 R domestic laws) and to challenge discriminatory label ‘political’ and unafraid to consummate a 35 practices. Community-based action research is relationship with an emancipatory consciousness’’. 87 R crucial in gathering evidence and providing testi- Those in the ERP initiative also see their research as 37 mony to identify policy shortcomings. By initiating ‘‘the ﬁrst step towards forms of political action that 89 O a process of collecting testimonies detailing the can address the injustices found in the ﬁeld site or 39 views and experiences of learners, teachers and constructed in the very act of research itself’’ 91 C community activists about their local schools, (Kincheloe and McLaren, 1998). 41 participatory research gives context and meaning The following voices (ERP, 2003a, b) of students 93 N to the (somewhat) unreliable statistical data (i.e. on from these communities help us take a step back to 43 school fees, transport, feeding schemes, child understand the failures of policy, as Apple and 95 U labour, infrastructure and facilities) produced by Beanne (1999) suggest, outside its ‘glossy political 45 government auditors. The struggles of individuals rhetoric’ and in the ‘details of everyday life’. 97 and communities to educate their young in very I don’t have shoes to go to schooly. If I don’t 47 trying conditions and to make the hard-won 99 have uniform they send me back. I am going now constitutional right to education a reality are vividly [to school] because I use the clothes of my 49 portrayed in these testimonies. 101 brother (Boy, 10 Limpopo Province). By using participatory research methods, organi- 51 sations have designed studies and collected data The big challenge in our school is the pen and 103 from communities on basic issues such as the crayon. If we don’t have these things we are not EDEV : 879 ARTICLE IN PRESS 8 C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 1 allowed to come to school. Teachers beat us for nity-based researchers surveyed the community and 53 that. Our teachers don’t understand that we found that about a quarter of the children were not 3 don’t have money. Our parents and aunts also attending school because of prohibitive transport 55 shout at us when we ask them to buy things for costs (CEPD, 2003). After a series of meetings with 5 school (Boy 10, Limpopo Province). local education ofﬁcials and ensuing publicity, the 57 department agreed to correct the situation and I will be happy if I can have money for transport 7 increase the transport subsidy (Mail and Guardian, 59 because I am far away from school. I walk a long 31/01/03). We suggest that participatory research is distance to school and I pass next to the 9 an important lever for policy change and capacity 61 dangerous place and I walk a long distance to building. In addition to its importance in identifying school without having anything to eat (Girl 11, 11 a range of complex economic and social issues at the 63 Limpopo). grassroots level, participation empowers commu- 13 My problem is that I don’t have parents. My nities to identify problems, develop plans for 65 parents are no longer living. So I don’t get things comprehensive and long-term solutions to them, F 15 the way I used to when they were still living. Even and ﬁnally, take action. 67 the money that I work for I give to my sister to O 17 go to school with. She goes to school far away 69 and needs money for transport. Then I end up 5. Social movements as a lever for education rights O 19 getting these few cents (Boy, 17, Eastern Cape). 71 Despite their nascent re-emergence as a political PR We lived in a good house in Dobsonville. I lived 21 force in South Africa, there is increasing evidence 73 with my mom and my two brothers and it was that many of the new social movements charac- nice until my mother lost her job. She disap- 23 terised by mass mobilisation are employing the 75 peared for a few weeks. I needed bus fare and fees methods of critical pedagogy and ‘conscientisation.’ for school. I stopped to go to school totally D 25 As Mody (Kellner, 2000) explains, ‘‘their process is 77 because my mom wasn’t there and we lost the Freirean reﬂection and action, their direction is house, we lost everything. I was feeling so bad, I TE 27 horizontal, their leadership is internal and their end 79 was thinking of committing suicide (Girl, 16, is an equitable economic and social whole where the Gauteng). 29 individual is one active subject.’’ As we have 81 EC With the assistance of the ERP, the data is analysed illustrated in the previous example of the ERP’s 31 and then presented at community meetings where a research, there is a continued need for ‘conscientisa- 83 discussion is held regarding actions to be taken to tion’ about human rights—creating awareness and 33 deal with the problems identiﬁed. The importance educating the public, the judiciary and bureaucrats 85 R of such a research process is that it promotes about the impact of poverty and continuing 35 democratic and co-operative practices in the pro- inequality despite democratic reforms—to generate 87 R duction and the designation of what constitutes greater popular pressure on the South African 37 knowledge; it demystiﬁes the research and facilitates government to meet its commitments. 89 O a social and active response to complex policy Blade Nzimande, the former chairperson of the 39 issues. The outcomes of the research inform the Parliamentary Portfolio Committee, recently com- 91 C design of a campaign aimed at improving local mented on the importance of social movements in 41 education. This work ultimately contributes to leveraging educational change. ‘‘Perhaps one of the 93 N democratising debates (for instance, the impact of most important lessons during the ﬁrst decade of 43 government budgets on local education) as commu- our freedom is that the weakening of the mass 95 U nities themselves have the data to challenge or movement has negatively affected our capacity to 45 support assertions made by the state or other drive educational transformation. For instance, I 97 organisations about provisioning for education. think that one of the key questions to be addressed 47 A documented case around the cost of transport in education as we begin the second decade of our 99 to school in an informal settlement close to freedom is how we move beyond some of the 49 Johannesburg serves to illustrate this view. constraints imposed by a negotiated settlement to 101 Although the Gauteng provincial education depart- accelerate educational transformationywe need 51 ment subsidises transport to school for learners, it toychallenge neo-liberal ideology, increase access 103 was inadequate in this case. ERP trained commu- for children of the workers and the poor in schools EDEV : 879 ARTICLE IN PRESS C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 9 1 and institutions of higher learning, and eliminate all as a social phenomenon, including the constraints of 53 infrastructural backlogs’’ (Dieltiens, 2004). the wider social structure as well as its ideological 3 Already in the late 1990s astute observers and the and economic dimensions, is an important but 55 more farsighted members of the democratic move- frequently missed supposition. All too often the 5 ment understood the danger that formal equality law’s autonomy from politics and society is the 57 represented by the granting of political rights might presumption. 7 come to substitute for social and economic equality. Ollman’s riposte to those who believe in the 59 In a candid address to a policy review conference omnipresence of judicial law is an appropriate 9 the then Deputy Director-General of Education reminder of its limitations: ‘‘The Supreme Court is 61 recognised: ‘‘y[the] ownership of education and where the Wizard of Oz, with a wave of his 11 training transformation is considerably more than Constitutional wand tries to turn a land bleeding 63 policy announcedypicture again the collapse of with capitalist excesses into a Walt Disney fairy tale 13 our education social movement organisations which about the rule of law. The purpose of it all is not 65 have been so vital for advocating policies for justice but legitimation’’ (Ollman, 2001). In his F 15 transformation and how much more damaging this book on the Canadian Charter of Rights (eerily 67 has been than we could have imagined’’ (Rensburg, similar to South Africa’s own Bill of Rights) O 17 1998). Bakan’s (1997) central claim that constitutional 69 The new social movements in South Africa are litigation and rights discourse are blunt tools for O 19 evolving and remain uneven in many respects. redressing social injustice. His conclusion is appro- 71 Much of their activity has been spawned by the priate, ‘‘The struggle for social justice is much larger PR 21 new conditions of accumulation that lie outside the than constitutional rights; it is waged through 73 ambit of the trade union world and its style of political parties and movements, demonstrations, 23 organising. How and whether they will use a human protests, boycotts, strikes, civil disobedience, grass- 75 rights framework to champion rights in as well as roots activism, and critical commentary and art’’ D 25 rights to education, remains to be seen. (Bakan, 1997, p. 152). We must recognise the 77 We agree that social movements can and should subversive power of economic, social and cultural TE 27 use litigation to mobilise for change and to hold the rights and instead create popular movements and 79 government accountable to its constitutional and collective understandings that can relentlessly pres- 29 international obligations. Yet our argument remains sure the judiciary, the state, and others to be more 81 EC that legal rights are only a part of the transforma- accountable in ensuring rights within a collective 31 tional potential of the rights discourse. We remain rights framework. 83 concerned with the constitutional and legislative The inter-relationship between rights, education 33 romanticism surrounding a rights-based discourse and democratic participation becomes even clearer 85 R and encourage a re-conceptualisation of human when it is looked at from a collective human rights 35 rights in education that centrally locates the voices, perspective. At the most basic level, economic and 87 R concerns and needs of the poor. social rights have both direct and indirect effects on 37 Despite the resonant words in the South African democratic citizenship. They have direct effects in 89 O Constitution, social processes often tend to thwart that they ensure minimum equality of access to civil 39 whatever progressive promise it holds. This is not to and political participation for all citizens. Any 91 C deny the possibility that constitutional litigation can signiﬁcant denial of the necessities of life (such as 41 get results. Yet it cannot always compensate for the education or employment opportunities) involves a 93 N systematic undermining of the ideals of social justice diminution of citizenship for those so denied, both 43 by the routine operation of society’s structures and in itself, and by impairing their capacity to engage in 95 U institutions. Veneration of the law is often possible civil and public life on the same terms as others. 45 because of the focus on normative questions within Thus, social and economic rights should be seen as 97 the legal system from a narrow juridical point of necessary conditions for citizens to exercise their 47 view. Writing about ‘harms’ to social movements, civil and political rights. 99 Mosher’s (1997) work shows how doctrinal juridical Although many of today’s social movements in 49 analysis rarely opposes or attempts to critique the South Africa are not always able to provide 101 social, economic and political conditions under- sophisticated alternatives to the status quo, it is 51 pinning legal doctrine, legal process and particular precisely the constituencies they represent that have 103 legal results. We too suggest that understanding law brought about the most signiﬁcant changes in this EDEV : 879 ARTICLE IN PRESS 10 C.A. Spreen, S. Vally / International Journal of Educational Development ] (]]]]) ]]]–]]] 1 country. Popular energies, which once sustained the tion and educational transformation in South 53 powerful pre-1994 education social movements, are Africa. 3 again resurgent. These new social movements have 55 established continuity with past struggles but have 7. Uncited References 5 also shed the disarming and misplaced hope that 57 changes to the political dispensation and a progres- Department of Education (DoE), 1995; Depart- 7 sive constitution are sufﬁcient to realise socio- 59 ment of Education (DoE), 1998; ERP Narrative economic rights and democratic citizenship. Reports, (2001–2004); Kgobe, 2001; Nzimande, 9 61 2004; Porteus, 2002; SADTU, 2003. 6. Conclusion 11 63 This article has shown that while many of South 13 Africa’s transformation policies were ostensibly References 65 directed at equity and redress, policy solutions F Apple, M., Beanne, J. (Eds.), 1999. Democratic Schools: Lessons 15 remained based on the assumption that the since the from the Chalk Face. Open University Press, London. 67 education budget was already high, costs of reform O Bakan, J., 1997. Just Words: Constitutional Rights and Social 17 had to be met within the existing budget. Our Wrongs. University of Toronto Press, Toronto, p. 152. 69 assertion is supported by the view of recent Bot, M., 2003. Macro indicators in education 1998–2002. In: O 19 commentaries which argue that the original inten- Transformation of the South African Schooling System, 71 Education 2000 Plus. Centre for Education Policy Develop- tion to ensure equity in the schooling system PR ment, Evaluation and Management (CEPD), Johannesburg, 21 through equity and redress measures has been p. 141. 73 largely subverted by the imperatives of budgetary Centre for Education Policy Development, Evaluation and 23 constraints linked to macroeconomic policies, be- Management, 2003. Education 2000 Plus. CEPD, Johannes- 75 nign complacency and belief in new democratic laws burg, p. 140. Chisholm, L., Motala, S., Vally, S. (Eds.), 2003. South African D 25 and institutions to ensure equality. We also argued Education Policy Review 1993–2000. Heinemann, Johannes- 77 that without clear prioritisation of change and burg. TE 27 articulation between education and other spheres Department of Education (DoE), 1995. White Paper on 79 (such as health and housing, legal and economic) to Education and Training. Government Printers, Pretoria. 29 eradicate poverty and inequalities, educational Department of Education (DoE), 1996a. The South African 81 Schools Act. Government Printers, Pretoria. EC transformation is destined to fail. Department of Education (DoE), 1996b. White Paper on the 31 By speciﬁcally focusing on school funding and Organisation, Governance and Finance of Schools. Govern- 83 user fees, we have shown that school funding ment Printers, Pretoria. 33 policies have failed to meet basic human rights or Department of Education (DoE), 1998. National Norms and 85 R Standards for School Funding. Government Printers, Pre- to provide more equitable educational conditions toria. 35 and have further exacerbated inequalities. Finally in Department of Education (DoE), 2001. Report on the School 87 R our last section we argued that one cannot rely Register of Needs 2000 Survey. Government Printers, 37 solely on the Constitution, policies or laws to ensure Pretoria. 89 O equitable outcomes—community engagement and Department of Education (DoE), 2003. Review of Financing, 39 participation are essential in holding the govern- Resourcing and Costs of Education in Public Schools. 91 C Government Printers, Pretoria. ment accountable to meet basic human rights and Dieltiens, V., 2001. An Overview of Developments in the 41 empower signiﬁcant changes in society. We con- Education Sector in South Africa. Paper commissioned by 93 N clude with a more hopeful stance that policy is the Swedish International Development Agency, p. 31. 43 constituted and reconstituted within a continuum of Dieltiens, V., 2004. 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