Why some CA delegates opposed free education

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Education was one of the big issues during the Constitution-making process of 1993-1995. The delegates in the Constituent Assembly (CA) all agreed that without equal access to learning, Uganda could not achieve unity, development or social justice.

They believed that education was the surest way to break the cycle of poverty and marginalisation.

The new Constitution of 1995 finally declared education a fundamental human right. Article 30 clearly states that: “All persons have a right to education.” This meant that education was no longer a privilege for the rich, nor a favour from the government, but a right that every Ugandan child could claim.

To make this right practical, the Constitution also included Objective XVIII of the National Objectives and Directive Principles of State Policy, which directed the government to promote free and compulsory basic education, to take special measures for disadvantaged groups, and to encourage private players to build schools.

But when the delegates began to debate how far the state should go in providing free education, there was strong disagreement.

MUSHEGA, KABWEGYERE OPPOSE

For instance, Igara East delegate Amanya Mushega, who was also the minister of education and sports, argued that the country had limited resources, noting that Uganda’s economy was a major hindrance to free education.

“In 1993, the education ministry calculated what it would require to take all the children to school and it came to about sh900b. This cannot be implemented by any government. The figures referred to are at the minimum,” he told the CA delegates.

Mushega stressed that rights must go together with responsibilities. He warned that some parents were failing their children through poor planning.

“Parents should ensure proper budgeting and responsibility than spending most of their money on booze (alcohol). Some men go for third wives when the first two with their children have nowhere to sleep,” he said.

The Igara West delegate, Prof. Tarsis Kabwegyere, is the other member, who strongly opposed the idea of free education.

“Nowhere in the world do you find a parent who does not contribute towards the education of children,” he said at the time.

But other delegates spoke with equal passion in support of free education. Bufumbira East delegate Anthony Bagena said: “People in my constituency want their children to be educated at no cost to parents. So, I support free education fully.”

PECOS KUTESA EXCITES DELEGATES

Rukiga County delegate Jack Sabiiti also added his voice, noting that: “The state should shoulder the responsibility of educating the children. The country will not get better doctors and engineers if the state does not inject a lot of funds in education.”

In defence of free education, the Kabula County delegate, Pecos Kutesa (deceased), was even applauded by the entire CA, when he said: “What is needed are buildings, scholastic materials and welfare for teachers. If the state can afford to feed and clothe a soldier, why can’t it manage to provide free education?”

However, when Mushega reminded the House that one of the reasons for reducing the army was due to limited funds, Kutesa quickly answered him: “I am aware, and I quote Tanzania, which provides free education when it is not any better than Uganda.”

The Bukanga County delegate, Lt Col Frank Guma, also downplayed Kutesa’s submission, noting that: “Free education in Tanzania is more expensive. I am their neighbour and I schooled there. Some Tanzanians prefer sending their children to Ugandan schools.”

Other delegates supported the principle of free education but were cautious about the timing.

Timothy Langoya (Lamwo County delegate) said, “I support the free education proposal but suggest that it may not be implemented now. It is better to provide for it and implement it at a later date.”

On his part, Kalaki County delegate Mike Juventine Elyau said: “If Uganda is planning to fight ignorance, it must be prepared to pay heavily.”

The debate on free education showed the tension between Uganda’s ambitions and its limited resources.

In the end, the Constitution carried the principle that every person has a right to education, and directed the state to promote free and compulsory basic education. This laid the foundation for later policies like Universal Primary Education in 1997 and Universal Secondary Education in 2007.

CONSTITUTIONAL RULE

When the National Resistance Army (NRA) overran Kampala under the leadership of President Yoweri Museveni, the transition to constitutional rule started almost immediately with the issuance of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the National Resistance Movement government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The CA, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.

In the run-up to October 7, New Vision will publish stories that showcase the country’s progress under the Constitution.

VISION GROUP MAGAZINE

To commemorate the 30th anniversary of Uganda’s Constitution promulgation, Vision Group will on October 7 publish a comprehensive magazine that highlights the milestones covered under the Constitution.