HUMAN RIGHTS AND PUBLIC BASIC EDUCATION IN GHANA: 
THE CASE OF THE RURAL CHILD IN AKUAPEM SOUTH
MUNICIPALITY.
Nil BASHIRU CHARWAY 
(10109979)
THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON IN 
PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF 
MPHIL POLITICAL SCIENCE DEGREE.
JUNE, 2010
307001
DECLARATION
This is to certify that this thesis is the result of research undertaken by Nii Bashiru 
Charway towards the award of the Master of Philosophy (MPHIL) Degree in the 
Department of Political Science, University of Ghana.
Nii Bashiru Charway 
Student
Dat
Dr. Abeeku Essuman-Johnson 
Main Supervisor
Mr. Alex K. D. Frempong 
Second Supervisor 
Date.^\\}\..V................
Mr. Kwasi Jonah 
Head of Department 
Date.............................
The right of the child to education is a human right which must be promoted. The child in 
the rural area has the right to education. In order to achieve this, not only must access at 
the basic level be granted but the quality must be a matter of concern. This right places 
legal duty on key stake-holders (state, educator and the parent/guardian) for its 
realization. Both international and domestic legal instruments guarantee this right and 
oblige these stake-holders. Even though the state has shown commitment by initiating 
programmes such as Capitation Grant; Ghana School Feeding Programme (GSFP) and 
Early Childhood Education (ECE), the quality of basic education received by the 
disadvantaged child in the rural area of Akuapem South Municipality remains terribly 
devastating. The child in the rural area of the municipality cannot speak good English and 
performs poorly in the Basic Education Certificate Examinations (BECE). The situation 
in this municipality is unique. Unlike other rural areas where this is attributed to 
unavailability of teachers, there are more teachers in Akuapem South Municipality. This 
means that the child in the rural area of the municipality does not enjoy his right to 
education to the fullest. The study attempts to identify the factors that militate against the 
rural child’s right to education by investigating if stake-holders have done enough to 
promote this right. The study selected schools with unsatisfactory learning outcomes at 
the BECE results. Sixty-three (63) pupils, forty-two (42) parents, forty-two (42) teachers, 
and twenty-one (21) headteachers whose views were solicited participated in the study. 
They were selected from twenty-one (21) public basic schools in twenty-one (21) 
communities. Three (3) pupils, two (2) teachers, one (1) headteacher and two (2) 
parents/guardians were selected from these schools and the communities respectively.
Stratified sampling technique was used to draw respondents. Five research instruments 
were used to gather data. The study raises concern regarding the provision of school 
buildings and other physical infrastructure, textbooks and teachers; the punctuality, 
regularity and other acts of educators as well as the regularity and punctuality of pupils. 
The results show that though the stake-holders attempt to perform their obligations, they 
have not done enough. The study concludes that the full realisation of the rural child’s 
right to basic education would require the strict adherence to the provisions of the legal 
instruments that oblige the key stake-holders in this direction. In this manner, stake­
holders would have given proper attention to the promotion of this right. It proposes the 
enforcement of the rules that oblige the key stake-holders by the appropriate authorities.
iii
DEDICATION
This work is dedicated to the rural child in Ghana whose right to education is trampled 
upon by duty-bearers through their acts of omission or commission.
iv
My sincerest gratitude, first and foremost, goes to the Almighty God for how far he 
has brought me in my academic pursuits. I wish to acknowledge the support of those who 
assisted in the production of this thesis. First, I acknowledge the support of Dr. Abeeku 
Essuman-Johnson, Political Science Department, University of Ghana, Legon for his 
guidance and all the useful and constructive criticisms during the entire research period. 1 
am also grateful to Mr. A. K. D. Frempong also of Political Science Department, 
University of Ghana. Legon for his supervision.
I must thank Mr. Abdul Lateef Saed who sacrificed his time to help in the 
administration of the questionnaires; Mr. Louis Dzamedzi for giving me access to his car 
on the rugged roads of Akuapem South Municipality during the administration of the 
questionnaires; Mr. Eric Akuma-Zanu for taking me round the municipality on his motor­
bike to gather information; Miss Harriet Mprengo Nti for standing in for me when I was 
away to gather information; my immediate superior, Monica Thompson (Mrs.) for 
granting me permission to absent myself from work on several occasions to pursue this 
academic work.
Finally, I thank members of staff of Pakro Anglican Basic School especially Mr. 
Benjamin Nelson Asante, Mr. John Narh Adico, Mr. Francis Antsie. Miss Victoria 
Boakye, Mr. John Teye Adjabeng. Miss Gifty Precious Amegbo and Mr. David Kadzani 
for their moral support whenever the going got tough. I must also mention that inputs and 
encouragement from colleagues at the University of Ghana also helped in the successful 
completion of this work.
ACKNOWLEDGEMENTS
TABLE OF CONTENTS
Declaration...........................................................................................
Abstract................................................................................................ ........................................... ii
Dedication............................................................................................ ........................................... iv
Acknowledgements . ........................................................................... ...........................................................V
List of Figures/Maps............................................................................ ............................................................X
List of Tables........................................................................................ .......................................... xi
List of Abbreviations............................................................................ ........................................xiii
CHAPTER ONE: INTRODUCTION
1.1. Background............................................................................ ............................................ 1
1.2. Statement of Research Problem............................................ ................................... ........ J
1.3. Hypothesis.............................................................................. ............................................ 6
1.4. Objectives............................................................................... ........................................... 6
1.5. Theoretical Framework.......................................................... ............................................ 6
1.6. Literature Review................................................................... .......................................................................................8
1.7. Data Collection........................................................................ .................................................................................21
1.8. Explanation of Concepts......................................................... ...............................................................  23
1.9. Organisation of the study........................................................ ...................................................................................25
1.10. Limitation..............................................................................
1.11. Significance of the Study........................................................................................... 26
CHAPTER TWO: THE LEGAL FRAMEWORK FOR THE PROMOTION OF THE 
CHILD’S RIGHT TO EDUCATION
2.0. Introduction...................................................................................................................   31
2.1. International Legal Framework....................................................................................... 32
2.1.1. The UN Charter..................................................................................................... 32
2.1.2. The International Bill of Human Rights.............................................................. 37
2.1.3. The Universal Declaration of Human Rights....................................................... 38
2.1.4. The International Covenants.................................................................................40
2.1.5. The International Covenant on Economic, Social and Cultural Rights 40
2.1.6. The Convention on the Rights of the Child......................................................... 44
2.1.7. The African Charter on Human and Peoples’ Rights.......................................... 48
2.1.8. The African Charter on the Rights and Welfare of the Child.............................. 50
2.2. Domestic/Metropolitan Legal Framework....................................................................... 54
2.2.1. The Constitution of Ghana 1992...........................................................................54
2.2.2. The Children’s Act 1998...................................................................................... 58
2.2.3. The Education Act 2008..................................................................................... 61
2.3. Conclusion...................................................................................................................... 65
CHAPTER THREE: PROFILE OF AKUAPEM SOUTH MUNICIPALITY AND THE
IMPLEMENTATION OF PROGRAMMES TO PROMOTE THE RURAL 
CHILD’S RIGHT TO EDUCATION.
3.0. Introduction..................................................................................................................... 68
3.1. Profile of Akuapem South Municipality.........................................................................68
3.1.1. Legal Basis............................................................................................................68
3.1.2. Location and Size..................................................................................................69
3.1.3. Relief and Drainage..............................................................................................69
vil
3.1.4. Vegetation and Climate......................................................................................... 70
3.1.5. Geology and Soils................................................................................................. 70
3.1.6. Demography..........................................................................................................71
3.1.7. Ethnicity and Religion......................................................................................... 71
3.1.8. Human Settlement................................................................................................. 73
3.1.9. Road Network....................................................................................................... 76
3.1.10. Occupational Distribution...................................................................................77
3.1.11. Tourist Attraction................................................................................................78
3.1.12. Government Agencies.........................................................................................79
3.1.13. Town and Area Councils....................................................................................79
3.1.14. Human Resource Development..........................................................................80
3.2. The Implementation of Programmes to Promote the Right of the Child to 
Education........................................................................................................................ 84
3.2.1. Capitation Grant.....................................................................................................85
3.2.2. Ghana School Feeding Programme.......................................................................87
3.2.3. Early Childhood Education....................................................................................92
3.3. Conclusion...................................................................................................................... 94
CHAPTER FOUR: STAKE-HOLDERS AND THE PROMOTION OF THE RIGHT OF 
THE RURAL CHILD IN AKUAPEM SOUTH MUNICIPALITY
4.0. Introduction....................................................................................................................100
4.1. Biographical Information of Respondents.................................................................... 102
4.2. The State........................................................................................................................107
4.3. The Educator................................................................................................................. 115
viii
4.4. The Parent......................................................................................................................126
4.5. Conclusion.................................................................................................................... 131
CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSIONS AND 
RECOMMENDATIONS
5.1. Findings....................................................................................................................... 134
5.2. Conclusions.................................................................................................................. 138
5.3. Recommendations........................................................................................................ 139
SELECTED BIBLIOGRAPHY..................................................................................................142
APPENDICES
APPENDIX “A”.........................................................................................................................147
APPENDIX “B”......................................................................................................................... 151
APPENDIX “C”..........................................................................................................................155
APPENDIX “D”.........................................................................................................................158
ix
Fig.4.1: Response on the Availability of Good School Building in Rural Areas of the
Municipality..................................................................................................................108
Fig 4.2: Availability of Core Textbooks.....................................................................................112
Fig. 4.3: Number of Teachers in the Rural Schools of the Municipality................................... 114
Fig. 4.4: Forms of Punishment Used by Teachers..................................................................... 119
Fig. 4.5: Response on the Main Forms of Work Teachers Engage Pupils in During School 
Hours...........................................................................................................................122
Fig. 4.6: Number of Times Circuit Supervisors Visit Schools..................................................125
Fig. 4.7: Distribution of Pupil Attendance to School................................................................. 129
LIST OF FIGURES/MAPS
x
Table 3.1: Distribution of Ethnic Groups in Akuapem South Municipality................................. 72
Table 3.2: Distribution of Religions in Akuapem South Municipality......................................... 72
Table 3.3: Major Settlements of the Municipality and Their Available Facilities........................73
Table 3.4: Sectoral Distribution of Occupation as at 2002........................................................... 78
Table 3.5: Categories of Health Institutions and Their Localities in the Municipality................ 80
Table 3.6: Number of Educational Facilities in Akuapem South Municipality........................... 81
Table 3.7: B.E.C.E. Performance of Private and Public Schools in Akuapem South
Municipality............................................................................................................... 83
Table 3.8: Effect of Capitation Grant on Enrolment in Akuapem South Municipality................87
Table 3.9: Planned Scale of Operation.......................................................................................... 88
Table 3.10: Number of Schools and Pupils Benefiting From the GSFP..................................... 88
Table 3.11: List of Schools Benefiting From the GSFP in Akuapem South
Municipality.............................................................................................................. 91
Table 3.12: Effect of the Early Childhood Education Programme on Enrolment in
Akuapem South Municipality................................................................................... 94
Table 4.1: Distribution of Respondents by Gender.....................................................................102
Table 4.2a: Distribution of Respondents (Pupils) by Age.......................................................... 102
LIST OF TABLES
xi
Table 4.2b: Distribution of Respondents (Others) by Age......................................................... 103
Table 4.3: Distribution of Respondents by Academic Qualification......................................... 104
Table 4.4: Distribution of Respondents by Professional Qualification...................................... 104
Table 4.5: Distribution of Respondents by Religion...................................................................105
Table 4.6: Distribution of Respondents (Parents/Guardians) by Occupation.............................105
Table 4.7: Distribution of Respondents (Parents/Guardians) by Income per Annum 106
Table 4.8: Distribution of Respondents (Parents/Guardians) by Number of
Dependants................................................................................................................106
Table 4.9: Response on the Availability of Library in Rural Schools/Communities in the 
Municipality..............................................................................................................109
Table 4.10: Availability of Sanitation Facilities......................................................................... 110
Table 4.11: Availability of Textbooks........................................................................................ 111
Table 4.12: Response on the Availability of Teachers...............................................................113
Table 4.13: Punctuality and Regularity of Teachers.................................................................. 116
Table 4.14: Engagement of Pupils in Work during School Hours.............................................120
Table 4.15: Collection of Monies (Examination Fees) in the Schools...................................... 123
Table 4.16: Supervision...............................................................................................................125
Table 4.17: Distribution on Helping to Do Homework............................................................ 130
xii
ACHPR African Charter on Human and Peoples’ Rights
ACRWC African Charter on the Rights and Welfare of the Child
ADRA Adventist Development and Relief Agency
AU African Union
BECE Basic Education Certificate Examinations
CRC Convention on the Rights of the Child
CRS Christian Relief Service
ECOSOC Economic and Social Council
ECE Early Childhood Education
FCUBE Free Compulsory and Universal Basic Education
GA General Assembly
GES Ghana Education Service
GPRS Ghana Poverty Reduction Strategy
GSFP Ghana School Feeding Programme
ICCPR International Convention on Civil and Political Rights
ICESCR International Convention on Economic Social and Cultural Rights
LIST OF ABBREVIATIONS
xiii
JHS Junior High School
MDGs Millennium Development Goals
OAU Organisation of African Unity
PNDC Provisional National Defence Council
PTA Parents/Teachers Association
PTR Pupil Teacher Ratio
SIGN School Feeding Initiative Ghana-Netherlands
UDHR Universal Declaration on Human Rights
UN United Nations
UNGA United Nations General Assembly
UNICEF United Nations Children’s Fund
WFP World Food Programme
WVI World Vision International
xiv
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND
By the end of the twentieth century, human rights, a political-philosophical idea, had 
become an ideology, achieving near-universal acceptance, with little dissent.1 Human 
rights aim at identifying the prerequisites for leading minimally good life, such as right 
against torture, right to health care, as well as right to education. This aspiration has been 
enshrined in various international declarations and legal conventions issued during the 
past six decades. Some of these international human rights instruments are the Universal 
Declaration of Human Rights (UDHR)-1948, the International Covenant on Civil and 
Political Rights (ICCPR)-1966, and the International Covenant on Economic, Social and 
Cultural Rights (ICESCR)-1966. These three are together referred to as the International 
Bill of Rights.2
Various regions have also adopted human rights instruments to reflect their respective 
specific conditions. For example, African states under the auspices of the Organization of 
African Unity (OAU) now African Union (AU) promulgated and adopted the African 
Charter on Human and Peoples’ Rights (ACHPR), also referred to as the ‘Banjul Charter’ 
in 1981.3
Whenever it appeared that any particular group deserved special protection, specific 
instruments were promulgated to protect such vulnerable groups. Examples of such 
instruments are the International Convention on Prevention and Punishment of the 
Crimes of Genocide (ICPPCG)-1948, International Convention on the Elimination of all
Forms of Racial Discrimination (CERD)-1965, Convention on the Elimination of all 
Forms of Discrimination Against Women (CEDAW)-1979.4 The Declaration on the 
Rights of the Child (1959). the Convention on the Rights of the Child (CRC), and the 
African Charter on the Rights and Welfare of the Child (ACRWC) are also examples of 
instruments to protect the rights of a particular vulnerable group - the child. Within the 
instruments to protect the rights of the child are enshrined various rights of the child, such 
as the right to life, survival and development; respect for the views of the child; right to 
name and nationality, preservation of identity, as well as the right to education (the focus 
of this study).
Ghana has demonstrated her commitment to human rights through the ratification of 
the key human rights instruments including those of the child, and has taken legislative 
steps at the national level to implement obligations prescribed by these treaties. There are 
also laws existing in Ghana to provide protection to the minority as well as vulnerable 
groups. Some of these are the Domestic Violence Act; the People with Disability Act; 
Human Trafficking Act; and the Children’s Act.5
Specifically on education, apart from the constitution6, Ghana has shown commitment 
in achieving the Universal Primary Education-Millennium Development Goal (MDG) 
number 2 by ensuring that children everywhere in Ghana both in the urban and rural 
areas will be able to complete a full course of primary schooling. This commitment 
towards achieving the educational goal is reflected in policy frameworks and reports such 
as the Education Strategy Plan (ESP) 2003; Ghana Poverty Reduction Strategy (GPRS 1) 
and Growth and Poverty Reduction Strategy (GPRS II); and Education Sector Policy 
Review Report (ESPRR) 2002.7
2
In addition to the above, the government has adopted various strategies such as the 
Capitation Grant (School Fees Abolition), Ghana School Feeding Programme (GSFP), 
and Early Childhood Education (ECE) to encourage a lot more children to go to school, 
thereby promoting the right of the child to education.8 These policies are much beneficial 
to rural areas where poverty is endemic. These resulted in increase in enrolment in the 
public basic schools all over the country including Akuapem South Municipality.
1.2 STATEMENT OF RESEARCH PROBLEM
As the government sought to achieve the Universal Primary Education, it introduced 
the Free Compulsory and Universal Basic Education (FCUBE) in 1996 in fulfilment of 
Article 38, Section 2 of the 1992 Constitution of Ghana which states that the Government 
shall, within two years after Parliament first meets after the coming into force of this 
Constitution, draw up a programme for implementation within the following ten years, 
for the provision of free, compulsory and universal basic education. The main goal of the 
FCUBE was to give every school-age child the opportunity to receive quality education. 
This programme was not totally free but some sort of cost-sharing between the state and 
the parents/guardians. What was free under the FCUBE was the tuition fee. Parents paid 
for PTA contributions, Sports fee, Culture fee and other fees. This arrangement placed 
financial burden on poor parents and therefore made basic education beyond the reach of 
their children.
To avoid the situation where some children of school-age are not able to go to school, 
the government introduced a number of interventions including the Capitation Grant the 
GSFP and the ECE Programme. These policies, like the FCUBE. have their main
3
objectives of promoting the child’s right to education, both access to basic education as 
well as quality basic education. The Capitation Grant for example, which started in 
2005/2006 academic year encouraged parents who could not send their wards to school, 
to enrol them. Under this programme, school fees are totally abolished in public basic 
schools. In addition, every public basic school received an amount of money1 per pupil 
enrolled per year.
As Adamu-Issah et al9 have stated, getting children in school is one thing, but keeping 
them in school and ensuring that they leam is another. The GSFP ensured the retention of 
the children in school. The basic concept of this programme is to provide children in 
public primary schools and kindergartens with one nutritious meal on every school going 
day. Like the Capitation Grant, it also began in 2005 and targeted at children in the 
poorest areas in low literacy districts as well as deprived ones. The main objective is to 
improve enrolment, encourage attendance, and ensure retention. It is also to improve 
performance.10
The ECE, (the two-year kindergarten education programme) was incorporated into 
the FCUBE in 2004 as a key to preparing children between four and six years for 
successful primary school experience also had immediate and substantial impact on 
enrolment. It freed the girl-child who was supposed to take care of the little sibling and 
therefore could not go to school, to enrol." These policies and strategies are to ensure 
that the rural child in the public basic school enjoys his or her right to education by not
1 Initially it was three Ghana Cedis but has been increased to four Ghana Cedis fifty 
Pesewas.
4
just creating access to education, but also ensuring quality. In spite of this attempt, the 
standard of education in the rural area is low.
In Akuapem South for instance, children in public basic schools in the rural areas are 
not able to respond to simple questions in the English language. The reading of simple 
sentences is also a problem. This situation then translates into poor performance in the 
Basic Education Certificate Examinations (B.E.C.E.) where almost all the rural schools 
obtain less than fifty percent (50%) pass. According to the 2007 B.E.C.E. results analysis 
of the municipality, three schools had zero percent and the 2008 analysis also shows that 
one of the schools repeated the zero percent. Contrary to the view that poor educational 
standard in rural areas is attributed to inadequate number of teachers, this is not the case 
in Akuapem South. According to Mrs Stella Nanor12, the Municipal Director of 
Education, the public basic schools are over-staffed. This means that there are more than 
enough teachers in the municipality. Though no figures were given, preliminary 
observation revealed that Pakro Anglican Junior High School (JHS) with about seventy 
pupils has nine (9) teachers in the school and Ahyiresu L.A. JHS also has nine teachers 
handling a total number of sixty pupils. In a situation like this there is the need for an 
investigation. This research seeks to find out if stake-holders have done enough to 
promote the educational right of the rural child in Akuapem South Municipality.
To aid this research the following questions will be addressed.
• What are the international and domestic human rights documents that oblige 
stake-holders to promote the child’s right to education? How do these documents 
oblige the stake-holders?
5
• What interventions in terms of policies, strategies and programmes have been 
taken by government to promote the rural child’s right to education?
• What factor(s) militate against the full enjoyment of the educational right of the 
rural child in public basic schools in Akuapem South Municipality?
1.3 HYPOTHESIS
The hypothesis that will guide this research is that, the inability of stake-holders to 
give much attention to the promotion of the educational right of the rural child, has led to 
the poor standard of education in the rural areas of Akuapem South Municipality.
1.4 OBJECTIVES OF THE STUDY
The research aims at achieving the following objectives:
• To examine the legal framework (both international and domestic) for the 
promotion of the child’s right to education.
• To examine the nature of policies and strategies pursued by government to 
promote the rural child’s right to education in public basic school in Akuapem 
South Municipality.
• To identify the factors that militate against the full enjoyment of the educational 
right of the rural child in public basic school in Akuapem South Municipality.
1.5 THEORETICAL FRAMEWORK
Natural law theory and positive law theory (positivism) are the main theories in the 
study of human rights. Natural law, traced from ancient Greece through the medieval
6
period and the enlightenment to post-world war II revival, is the parent of natural right 
which claims legitimacy from a certain moral world view.13 According to this theory, 
human rights are those conferred by God or discernible by human reason and that man 
made laws must conform to it. It distinguishes between ‘right of man’ (which pertains to 
those rights a person has by virtue of being human) and ‘the rights of the citizen’ (which 
pertains to the right a person has because of membership of a particular society).14
Positive law theory, otherwise known as ‘legal positivism’ or simply ‘positivism’ is 
the theory on which this research is based. The theory was developed by Auguste Comte 
but 20* century positivists such Hans Kelsen took the theory to its most abstract logical 
form.15 According to the theory, human rights are those, which have become part of the 
positive legal system (law of the state) and derived from the will of the state or the 
command of the sovereign.16 They are rights recognised by positive law which is 
conceded and enforced by the law of the realm and the government will come to the 
right-holder’s aid if any one tries to stop the enjoyment of such rights. Rights are also 
objective.17 In this sense, human right according to the theory of positivism is verifiable.
The relevance of the theory to this research is that, the right of the child to education 
is explicitly spelt out in various legal documents and therefore recognised by the legal 
system of Ghana. Some of these documents are the UN Charter, the International Bill of 
Rights, the CRC, the AU Charter, ACRWC, the 1992 Constitution of Ghana, the 
Children’s Act, and the Education Act-2008 and other legal documents.
7
1.6 LITERATURE REVIEW
Talk about human rights did not begin in the twentieth century, but has a long history. 
Cranston18, Henkin19, and Wellman20 contend that human rights are derived from the 
notion of natural rights. Human rights gained currency after the Second World War. It is 
a twentieth century name for what has been traditionally known as natural rights in the 
seventeenth century in the writing of John Locke. It was adopted in the U.S. Bill of 
Rights (June, 1776), in the American Declaration of Independence (July, 1776), and in 
the French Declaration of the Rights of Man and the Citizen (1789).
While Wellman agrees with Cranston that natural rights are of ancient origin21, 
Henkin traces the idea of human rights from John Locke. Henkin adds that, international 
human rights, however, can be traced from the famous “Four Freedoms”2. He states, 
“international human rights might be said to have been conceived on January 6, 1941, the 
date of the famous ‘Four Freedoms’ message to Congress by President Franklin Delano 
Roosevelt (FDR), and was bom on December 10, 1948, the date on which the Universal 
Declaration of Human Rights (UDHR) was proclaimed by the General Assembly of the 
United Nations (UN).”22
Cranston goes further to explain what it means to have rights by distinguishing
between positive rights and moral rights. Positive rights, he asserts, are the rights
recognised by positive law and therefore enforceable by law. Moral rights on the other
hand, are talks about justice which are based on justification rather than proof. He
however concedes that, though there is the distinction between “what is" and “what ought
2 The “Four Freedoms” represent freedom of speech, freedom of religion, freedom from 
want, and freedom from fear.
8
to be”, between the realm of fact and that of morality, human rights are both positive 
rights and moral rights where human rights are upheld by positive law because people 
have what they ought to have.23
Cranston24. Eze25, and Wellman26 assert that human rights are grouped into civil and 
political rights, and economic, social and cultural rights. The civil and political rights 
include right to life, right to liberty, right to fair trial, and right to vote and be voted for. 
The economic, social and cultural rights include right to work, right to social security, 
right to participate in cultural life, and right to education.
Wellman, in his categorisation, uses the concepts, “first generation” of human rights, 
and “second generation” of human rights which correspond to civil and political rights; 
and economic, social and cultural rights respectively. He goes further to include a third 
category known as “third generation” of human rights, most often called right of 
solidarity. These include right of all humanity to peace and to healthy environment. 
These rights, he reiterates, are of social groups rather than individuals. They hold against 
all humanity and therefore demand worldwide action.27
Cranston continues the discussion by stating that the economic and social rights are 
not real human rights, and that “the attempt to do so has vitiated the whole enterprise of 
protecting human rights through the United Nations.”28 The argument, according to 
Cranston, is both philosophical and political. Philosophically, these economic and social 
rights do not make sense, and politically, they hinder the effective protection of what are 
correctly seen as human rights. He supports his argument with the following reasons; 
one, the economic and social rights cannot be transformed into positive rights by
9
analogous innovations; two, the promotion of these rights needs more than the making of 
laws but involves great capital wealth which many governments do not have; three, these 
rights are not genuinely universal moral rights. That is, they cannot be applied to 
everyone; four, these rights do not pass the test of paramount importance. He concludes 
that human rights are something of which no one may be deprived without grave affront 
to justice.29
For Eze, the groupings are not rigid. There are interrelationship and interdependence 
between the civil and political rights on one hand, and the economic, social and cultural 
rights on the other. He states, “in the last resort they are all exercisable within societal 
context and impose obligations either on the state or on state agencies as well as on the 
individuals not to derogate from these rights. Human rights thus have as a corollary a 
duty imposed on society to ensure their protection.”30
The literature above talk about human rights in general and not specific form of 
human right. This study fills the gap by placing emphasis on the right to education 
specifically.
Writing on human rights in Africa, Shivji (1989) observed that the arguments on the 
extent to which the concept is universal or culturally relative are made at four levels. The 
first level relates to the historical genesis and the philosophical basis of human rights as 
western origin and therefore has their roots in the specific circumstances of the Western 
society. The second level relates to the validity and applicability of human rights 
conceptions which he agrees with other writers that they have universal validity and 
applicability. The third level identifies rights in the traditional African society as similar
10
to those in the West or in the modem conception of human rights. Finally, the fourth level 
places human rights within the cultural relativist paradigm which argues that African 
societies had conceptions of human rights different from the Western where individual 
rights are not emphasized but collective rights.31
He further observes that the philosophical discussion on human rights broadly divides 
into two major tendencies, namely, one relating to natural law and the other relating to 
positive law (positivism). Natural law is considered the parent of natural right (which 
underpins the English Petition of Rights-1627, the American Declaration of 
Independence-1776, and the French Declaration of the Rights of Man and Citizen-1789). 
However positivism criticized natural law tradition as “nonsense on stilt”.32 He asserts 
that Western philosophers centred their discussion of rights on both the moral and the 
legal plane, Africans and Africanists set the discussion solely on the legal plane at two 
levels namely national and international. The national pertains to the nature of 
constitution in Africa and the extent to which they do or do not protect human rights and 
if they do, how far these are respected and enforced. At the international level, they 
departed from the UN instruments and question their relevance to Africa. They also 
discuss the desirability to develop a regional mechanism of human rights protection and 
adoption of an African Convention of Human Rights.33
On right-holders, he identifies three groups - individuals, states, and people. Western 
liberal theory views the individual as constituting the unit of organised society and 
therefore the primary holders of rights. The individual is anterior to organised society, 
comes into it with his rights but voluntarily surrenders in part through social contract. 
This view, he asserts, is attacked by the socialist, that at the domestic plane, the rights of
11
the individual are those given by the laws of the state and therefore sees the state as the 
subject of human rights. To the African, on the premise of culturalist point of view, 
argues that rights-holders are cultural groups (collective community) rather than 
individuals. The notion of individual rights is foreign to African ethno philosophy and 
has found expression in the discussion of international covenants such as the 1CESCR 
and the ICCPR. He adds that states or governments are ultimately responsible for the 
rights of the rights-holders that, one, they (governments) do not interfere with the 
freedoms and rights of holders (negative obligations), and two, they (governments) help 
to realize certain rights such as economic and social rights (positive rights). This is 
because states are the ultimate organized authority in society. States also have the duty of 
sanction against violations of human rights even though there is the argument that 
international/regional body would be responsible to punish infractions of human rights.M
Having agreed with others in categorizing rights into political and civil, and 
economic, social and cultural, Shivji goes on to discuss which of the categories is more 
important. He states that socialists give priority to social and economic rights and 
consider these as the bedrock of other superstructural rights. It is obvious from his 
writing that he supports his views with the comments of others on the issue. He however 
asserts that, this view is criticized by Rhoda Howard who calls it a “full-belly thesis" 
which states that the man must be full before he can indulge in “luxury” of worrying 
about his political freedoms. Shivji concludes that political/civil rights are as much a 
means to an end as end and goals in themselves as are social and economic rights. 
However, since there can be conflict between these classes of rights in the process of 
development, African governments have argued for an integrated/comprehensive view of
12
rights. That is. no one class of rights is more important than the other and there cannot be 
trade-off between them.35
It is significant to note that the above studies too are on human rights in general. They 
do not specifically touch on the right of the vulnerable such as the child. This gap, the 
research intends to fill.
Writing on human rights in Ghana, Busia (2003) located the legal protection of 
human rights in the political history tracing it from 1957 when the country had 
independence, through the various military and civilian regimes, to the 1992 Constitution.
He states that the Convention Peoples Party (CPP) placed social and economic rights 
over and above civil and political rights and therefore gave priority to collective rights 
over individual rights. Ghanaians under the Convention Peoples Party (CPP) from 1957- 
1966, witnessed serious struggle for political power and hence the use of legal means 
such as the Deportation Act-1957 and the Preventive Detention Act (PDA)-1958 by the 
government to silence its opponents thereby violating the rights of the individual. The 
1957 Constitution could not protect the human rights of the citizens because there was no 
bill of rights provided. These oppressive situation and lack of respect for civil liberties 
created a welcomed atmosphere for the National Liberation Council who also maintained 
the PDA as the Protective Custody Decree of 1967(NLCD54).36
On the Second Republican Constitution of 1969, Busia states that, even though the 
constitution laid satisfactory foundation of the rules for liberal democratic governance, 
entrenched human rights provisions, and introduced separation of powers and the 
principle of judicial independence. K. A. Busia, the prime minister, refused to accept the
13
decision of the judiciary in the case “Salah vs. Attorney General when Mr. Salah’s right 
to work was violated by the government. This notwithstanding, the Progress Party 
government is generally considered as a regime with a very good record for the 
promotion and protection of civil and political rights in the history of Ghana and that, 
even in the area of economic and social and cultural, supporters argue that by embarking 
on rural development, the government was committed to these rights stipulated in the 
ICESCR.37
Busia goes on to state that, human rights were frequently violated under the military 
regimes, from the National Liberation Council (NLC), through the National Redemption 
Council (NRC) to the Provisional National Defence Council (PNDC). Nevertheless, the 
PNDC regime had the worst human rights record in the political history of Ghana as 
arbitrary detention, torture, harsh prison conditions and death sentences meted out to 
political opponents were common occurrences in Ghana before the transition to 
democracy that began under the 1992 constitution. He however asserts that the PNDC 
was an improvement over other regimes in the promotion of human rights as the era 
promoted the right to housing, access to justice, inheritance right, and the establishment 
of the Ghana National Commission on Children to protect the rights of children. In spite 
of this minimal success, both national and international pressures mounted on the PNDC 
to return the country to democracy saw the establishment of the National Commission on 
Democracy to advice the PNDC on how to transform. The commission affirmed that 
human rights issues are the key concerns of the people of Ghana, placing paramountcy on 
economic, social and cultural rights. A new constitution was drafted in May 1992 by the 
Constitutive Assembly to address these concerns and was presented to the people of
14
Ghana in a referendum. This constitution provides for political and civil rights as well as 
economic and social rights. It also makes explicit provisions to protect the rights of
• 38vulnerable groups such as women, disabled persons, the sick and children.
Like the other authors above, his study did not place emphasis on the rights of the 
child, though the study is on Ghana.
Both Alston39 and Rwezaura40 explore the meaning of “the best interest” principle in 
Article 3(1) of the CRC which states that, in all actions concerning children, whether 
undertaken by public or private social welfare institutions, courts of law, administrative 
authorities or legislative bodies, the best interest of the child shall be a primary 
consideration. Both writers view the principle within the socio-economic and cultural 
context of the society in which it is evoked.
For Alston, the CRC is the most detailed and comprehensive of all existing
international human rights instruments because it has developed and built upon the
UDHR. Though, the “best interest” principle is mentioned in other articles within the
CRC and in other international instruments, the most important formulation is that 
contained in Article 3(1) because one, some of the international instruments are not 
concerned about the rights of the child but rather that of others; two, the child is more of 
an object than a subject in those instruments; and third, the Article 3(1) applies to all 
actions concerning children. He goes on to say that, in spite of the universality of the 
principle, there are different conceptions of the principle in the different societies in 
which it is evoked.
15
He identifies the role Article 3(1) might play in the future in relation to children s 
rights. One, it is used as the yardstick when implementing other rights in the convention; 
to resolve conflict when different rights within the convention clash ; and to evaluate the 
laws and policies/practices of State parties on matters not regulated by positive rights. 
However the ability to serve the mediating purpose will depend on the cultural practices 
that prevail in a given society.41
Rwezaura argues that, the interpretation and application of the principle, ‘best interest 
of the child’ is influenced by the social and economic conditions of state and that “the 
worsening economic conditions of Africa have led to the narrowing of the best interest 
concept to mean simply the satisfaction of the child’s material needs.”42 He explains that, 
the international community shares a common desire to protect children and their rights, 
but there is no agreed standard by which compliance can be measured because the 
international community is very diverse politically, economically and culturally. These 
factors have affected the conception and understanding of the principle of the best 
interest of the child in Article 3(1) of the CRC.
Alston and Rwezaura narrowed their studies to an international human rights 
instrument that protects the rights of the child. The research extends the studies to cover 
domestic or national documents and policies that promote the right of the child to 
education.
Price43 traces the history of education from the earliest time (when education was 
solely informal), through Sophists, Socrates, and Plato in ancient times (when formal 
education started) to John Dewey in modem times. He explains that, there was a period
16
when culture was transmitted spontaneously from one generation to another without any 
specific agency devoted to that purpose. However, the increase in volume of culture 
introduced specialisation in order to master what was to be known and transmitted. This 
therefore made teaching a specialised area, finding lodgement in a special class of 
persons. This specialisation. Price continues, presented two consequences: it introduced 
research to help improve the transmission of culture, and the placement of responsibility 
for teaching on a specialised class who therefore asked for a fee for their service. This 
innovation started with the sophists. He adds that, while Socrates introduced critical 
thinking in teaching; Plato advocated a system of universal, compulsory, public education 
from birth to maturity to bring about individual and social improvement where everyone 
should be taught to read, to write and to count; and Dewey believes that education must 
reform society positively and that schools are the basis for this social progress.
Curren44 and Mbilinyi45 are of the view that education is political. Mbilinyi for 
instance, states that, education of a certain kind and quality is a struggle in which all 
persons of all ages have a stake because they took part in major public debates about the 
structure and content of education during Nyerere’s administration. Mbilinyi states, 
“contrary to the present, Tanzanians, not donors, took the lead in taking decision on 
education policy. The views of experts were countered by those of politicians and 
ordinary peasants and workers.”46
Curren continues the discussion by tracing the etymology of the words "education* 
and “pedagogy” to argue that education is political. He contends that, the Latin root of 
education, “educare”, is related to “educere” which means “to lead”. The terms 
“pedagogy” and “pedagogue” (schoolteacher) also derive from the Greek word
“paidagogos” which means “to lead a child” are terms of governance hence education is a 
form of government. He continues, as a form of governance, education entails 
justification (the authority to educate); responsibility (the adequate and equitable 
provision of education); aim (aims of education); manner (pedagogy and educational 
ethics); and content (curriculum).47
On educational authority, Curren identifies parents and educators as the authorities to 
educate children. He is concerned with the role of parents in determining the content of 
public education and the extent to which the professional educators are accountable for 
their performance once they are employed. On educational responsibility, Curren borrows 
Guttmann's assertion that, every citizen be provided an education that will make him/her 
participate effectively in the democratic process. On educational aim, he is of the view 
that the promotion of autonomy is the dominant aim of education. On pedagogy, he states 
that, there are content delivery approach and critical thinking approach. These have been 
named “banking” and “problem solving” approaches respectively. Finally, on the content, 
he maintains the view that multicultural curriculum gives a more accurate view of the 
world thereby promoting intercultural understanding or global citizenship.48
The literature above discuss education in general. The gap this research fills is to 
narrow the studies to public basic education.
Contributing to the discussion on education, Nyerere49 and Siegel50 discuss the aim(s) 
of education. According to Siegel, though other scholars have cited truth51; critical 
thinking (rational justification); knowledge; and understanding52 as the aims of education, 
the fundamental aim of education, for him, is knowledge, which includes both truth and
18
rational justification. He explains that, apart from the fact that not all modes of 
transmitting truth to students (such as brainwashing, indoctrination and deception) are 
educationally acceptable, mere truth is less adequate than truth based on rationality. This 
then leads to better knowledge hence the aim of education is knowledge.
Nyerere adds that, the primary aim of education is to liberate man, both his mind and 
body, and to free a nation from economic and cultural dependence on other nations. He 
explains that the liberated man becomes aware of his own manhood and the power he has 
to make good use of circumstances; and to reject slavery and colonialism, poverty, 
disease and ignorance. He states, “education has therefore to enable man to throw off the 
impediments to freedom which restricts his full physical and mental development.”53
The present study tries to find out how the aim(s) of education can be realised which 
the literature above was silent on.
Continuing his discussion on the subject, Nyerere54 is of the view that education will 
in the future be the instrument of domination. He says, “if therefore, we do not want to be 
permanent source of the hewers of wood and drawers of water for the educated of this 
world, we must seriously enter this honourable competition for knowledge.”55 He 
therefore advocated a universal education, so that both male and female children can 
enjoy the right to education; good quality education especially primary education which 
the Tanzanian lacked; relevant education that could be tailored to the needs of Tanzania 
without making it inferior to universal education everywhere else in the world. He 
reminds educators to educate young people for the real life they are going to live in 
Tanzania, and to prepare them to be self-reliant and self employed if they cannot find
19
paid employment. He concludes that, though, individuals contribute directly to their 
education and that of their children, the community (represented by local and central 
government) have the responsibility of assisting every Tanzanian to receive good 
education.
Nyerere situated his study in Tanzania and not in Ghana. This study fills the gap by 
situating it in Ghana.
Adamu-Issah et al wrote on primary education in Ghana. In their writing, they discuss 
the various policy frameworks (especially the Capitation Grant, the GSFP and the ECE) 
and assess their impact on the enrolment in primary schools in Ghana. They conclude 
that, these policies increased access to primary education in Ghana. They however state 
that the increase in enrolment has not been sufficient to meet the Universal Primary 
Completion by 2015. Again, access to basic education is lower in some parts of the 
country notably Northern Region because of socio- cultural factors. They identify* 
massive overcrowding and shortage of teachers (not in numerical sense but in terms of 
pupil-teacher ratio) as some challenges that have come with the increase in enrolment. 
They also state that repetition and drop-out rates (however small they may be), and 
economic and socio-cultural factors/ practices can affect the achievement of MDG2.56
They therefore recommend that a programme (Complementary Education 
Programme) that is flexible and adaptive and can reach large numbers of children in the 
‘hard to reach areas’ and children living in under-served areas be adopted. They 
emphasise, this will bring schools closer to pupils, enrol older children who may feel
20
uncomfortable to enrol in grade one, utilize local volunteers as teachers, allow children to 
be educated while still supporting their parents.57
They however did not touch on the extent to which these policies will promote or 
promoted the enjoyment of the child’s right to educational to the fullest. They also did 
not place their research within the context of human rights. This is the gap this research 
seeks to fill.
1.7 DATA COLLECTION
With regard to the information required on the topic, a single data collection 
procedure was impossible to satisfy the research objectives. The study employed a 
combination of methods. Information was therefore collected from both primary and 
secondary sources.
1.7.1 PRIMARY SOURCES
In obtaining the primary data, various research instruments were used. Observation of 
the activities in some of the selected schools was used. In this regard special visits were 
made to these schools. In addition, survey designs were used. Questionnaires were 
distributed personally to gather information from respondents. There were questionnaires 
for teachers and headteachers. Structured interview schedule for pupils and 
parents/guardians. In addition, face-to-face interview of key personality from Akuapem 
South Municipal Directorate of Ghana Education Service was used.
21
1.7.2 SECONDARY SOURCES
On secondary data, library research was used. The libraries of various institutions and 
departments were visited. Such libraries included Balme Library, Political Science 
Department Library, Institute of African Studies Library, Department of Philosophy 
Library and Faculty of Law Library, all of University Ghana. These libraries were visited 
for both published and unpublished books and articles. In addition, official documents 
and reports of state and non-state institutions such as Commonwealth Human Rights 
Initiative (CHRI) were studied.
1.7.3 POPULATION
The target population included Heads of Basic Schools, Teachers, Pupils, and 
Parents/guardians.
1.7.4 SAMPLING
The municipality has already been divided into seven (7) circuits for effective 
educational management. Three (3) basic schools were selected from each circuit using 
purposive sampling. Stratified sampling and simple random sampling were used to select 
the respondents for the questionnaires. The population of the selected schools were 
stratified into teachers and pupils. The pupils were also grouped into lower primary, 
upper primary, and junior high. A simple random was then used to select respondents for 
each strata.
One hundred and sixty-eight (168) respondents were selected for the study. They 
comprised sixty-three (63) pupils; forty-two (42) parents/guardians; forty-two (42)
22
teachers; and twenty-one (21) headteachers. Three (3) pupils, two (2) teachers, and one 
(1) head from the selected basic schools, and two (2) parents/guardians from the 
communities in which the schools are located respectively. Questionnaires were 
distributed to these respondents. In addition, one (1) key person from the Education 
Directorate was interviewed.
1.7.5 METHODOLOGY /DATA ANALYSIS
The data that was gathered through the questionnaires was analysed using the 
Statistical Package for Social Science (SPSS) programme. Tables, percentages, bar- 
graphs and line-graphs were used in the data analysis.
1.8 EXPLANATION OF CONCEPTS
The following concepts are related to the study and therefore need clarification.
1.8.1 HUMAN RIGHTS
“Human Rights” has been defined differently by different writers. For Eze, ‘Human 
rights represent demands or claims which individuals or groups make on society, some of 
which are protected by law and have become part of ex lata while others remain 
aspirations to be attained in the future.’58 Cranston on the other hand sees human rights as 
‘universal moral rights, something which all men, everywhere, at all times ought to have, 
and something of which no one may be deprived without grave affront to justice, 
something which is owing to every human being simply because he is human.’59 
However in this study, “Human rights” shall refer to demands or claims which
23
individuals or groups make upon society which are protected by law of which deprivation 
will be grave affront to the right-holder(s). An example is the right to education.
1.8.2 RIGHT TO EDUCATION/EDUCATIONAL RIGHT
“Right to education” means access to basic education and quality basic education 
which manifests in good performance in the Basic Education Certificate Examinations 
(BECE).
1.8.3 EDUCATION
Nyerere sees “education” to be the transmission of the accumulated wisdom and 
knowledge of society from one generation to the next, and the preparation of the young 
people for their future membership of the society and their active participation in its 
maintenance or development.60 “Education”, for Omane-Ankuamoah et al, refers to the 
procedures and practices that lead to an improvement in the quality of individuals, 
enhanced performance and improved social conditions as a whole.61 In this study, 
“Education” means formal basic education.
1.8.4 BASIC SCHOOL
“Basic School” includes Kindergarten, Primary school and Junior High School 
funded by the state. In short public first cycle institution.
1.8.5 STAKE-HOLDERS
“Stake-holders” mean parents/guardians, educators and the state.
24
1.8.6 EDUCATORS
“Educators” include teachers, heads of basic schools, and officers at the Municipal 
Education Directorate.
1.8.7 CHILD
“Child”, according to CRC, ACRWC, and the Children’s Act, is a person below the 
age of eighteen years old. For the purpose of this study, a “child” means any person who 
attends a basic school.
1.9 ORGANIZATION OF THE STUDY
The study involves five chapters. Chapter one- the introduction, includes sub­
headings such as background to the study, statement of research problem. The review of 
available relevant literature and the theoretical base of the research are also captured 
under this chapter. Other things under this chapter are the methodology, the significance 
of the study, and limitation of the study. The second chapter examines the legal 
framework for the promotion of right to education. International and domestic documents 
have been examined. Chapter three takes a look at the profile of Akuapem South 
Municipality and investigates the various policies and strategies that the government of 
Ghana has initiated and implemented in order to promote the right to education. Stake­
holders and the rural child’s educational right is the fourth chapter. This chapter analyses 
the data that were gathered. The last chapter puts together the findings of the research and 
makes some recommendations towards ensuring the full enjoyment of the educational 
right of the rural child in public basic school in Akuapem South Municipality.
25
1.10 LIMITATION
Finance and time were the two major limitations to this research. Finance was needed 
for visits, questionnaire design and administration, to pay research assistant(s), and for 
data analysis. Time, because, the research was conducted within a specific period which 
was inadequate considering the demand of the study. Other limitations were the difficulty 
in retrieving certain relevant texts, documents and information (because of the reluctance 
of the custodians of such documents and information to do so.
1.11 SIGNIFICANCE OF THE STUDY
Even though there is extensive literature in the field of human rights, the research will 
augment the available material on the right of the rural child to quality education.
The study will also serve as a guide for further studies to those who would like to 
research in this area.
Even though there are policies to promote the right to education of the child, the study 
may serve as reference point for discussion/may trigger discussion among policy makers 
on the challenges faced by the rural child in the public basic school in attempt to enjoy 
his/her educational right and therefore lead to affirmative action in relation to the rural 
child in the basic school.
26
NOTES
1 Louis Henkin, "Human Rights: Ideology and Aspirations, Reality and Prospect” in 
Samantha Power & Graham Allison, eds.. Realizing Human Rights: Moving from 
Inspiration to Impact. (New York: St Martin’s, 2000). p. 3.
2 P. Chandra, International Politics. 4th Ed., (New Delhi: Vikas Publication House PVT 
LTD, 1998). p. 207.
3 Thomas Buergenthal, Dinar Shelton & David P. Stewart, International Human Rights in 
a Nutshell. 3rd Ed., (West Group, 2002), p. 282.
4 P. Chandra, Op. cit. p. 208; Nana K. Busia, Jr., “Competing Visions of Liberal 
Democracy and Socialism” in Abdullahi Ahmed An-Na’im, ed., Human Rights Under 
African Constitutions: Realizing the Promise for Ourselves. (Philadelphia: University of 
Pennsylvania Press. 2003), p. 74.
5 Commonwealth Human Rights Initiative, Statement Issued to Commemorate the 60th 
Anniversary of the Universal Declaration on Human Rights, (December 10, 2008), p. 2.
6 Republic of Ghana, Constitution: Chapter Five, Article 25, (1992), p. 24.
7 Madeez Adamu-Issah, Liv Elden, Michael Forson, Tamar Schrofer, Achieving 
Universal Primary Education in Ghana by 2015: A Reality or a Dream?. (New York: 
UNICEF, 2007), pp. 1-2.
* Ibid, pp. 3-4.
9 Ibid, p. 5.
10 Michael Nsowah, Presentation on Ghana School Feeding Programme (GSFP), at Meet 
the Press Series in Accra, 22nd July, 2008.
11 Madeez Adamu-Issah, et. al. Op. cit. p. 4.
12 Mrs. Stella Nanor, Municipal Director of Education, Nsawam, during a Meeting with 
Teachers in the municipality on 23rd July, 2009.
13 Issa G. Shiyji, The Concept of Human Rights in Africa. (London: CODESRIA. 1989),
p. 16.
l4Osita C. Eze, Human Rights in Africa: Some Selected Problems. (Lagos: Macmillan 
Nigeria Publishers Ltd, 1984), p. 6.
15 Issa G. Shivji, Op. cit. p. 17.
16 Osita C. Eze, Op. cit. p. 7.
17 Maurice Cranston, What are Human Rights. (London: The Bodley Head. 1973). pp.4-5.
27
18 Ibid, pp. 1-3.
l9Louis Henkin. Op. cit. pp. 4-5.
20 Carl Wellman. The Proliferation of Rights: Moral Progress or Empty Rhetoric?, ( 
Oxford: Westview Press, 1999), pp. 13-15.
2'Maurice Cranston. Op. cit. p. 2; Carl Wellman, Op. cit. pp. 14.
^Louis Henkin, Op. cit. p.4.
23 Maurice Cranston. Op. cit. pp. 4-6.
24 Ibid. pp. 53-71.
25 Osita C. Eze, Op. cit. Pp .5-6.
26 Carl Wellman, Op. cit. pp. 15-38.
27 Ibid, p. 29.
28 Maurice Cranston, Op. cit. p.54.
29 Ibid, pp. 65-68.
30 Osita C. Eze, Op. cit. p. 6.
3,Issa G. Shivji, Op. cit. p. 10-14.
32 Ibid, pp. 17-18.
33 Ibid, pp. 18-20.
34 Ibid, pp. 24-25.
35 Ibid, p. 26-27.
36 Nana K.A. Busia, Jr., Op. cit. pp. 54-57.
37 Ibid, pp. 57-58.
38Ibid, pp. 60-68.
39 Philip Alston, “The Best Interest Principle: Towards A Reconciliation of Culture And 
Human Right”, in Philip Alston, (ed.), The Best Interest of The Child: Reconciling 
Culture And Human Rights. (New York: Oxford University Press Inc., 1994), pp. 1-21.
40 B. Rwezaura, “The Concept of The Child’s Best Interest in The Changing Economic 
And Social Context of Sub-Saharan Africa”, in Philip Alston (ed.). The Best Interest of 
The Child: Reconciling Culture And Human Rights. (New York: Oxford University Press 
Inc., 1994), p. 82-110.
28
41 Philip Alston Op.cit. pp. 15-20.
4' B. Rwezaura, Op.cit. p. 82.
43 Kingsley Price, "Philosophy of Education, History of’ in Donald M. Borchert (ed.). 
Encyclopedia of Philosophy. 2nd Ed., volume 7, (London: Thompson Gale, 2006), pp. 
364-379.
44 Randall Curren, “Philosophy of Education, Ethical and Political Issues in” in Donald 
M. Borchert (ed.). Encyclopedia of Philosophy. 2nd Ed., volume 7, (London: Thompson 
Gale. 2006). pp. 360-363.
4> Maijorie Mbilinyi, “Introduction” in Elieshi Lema, Maijorie Mbilinyi & Rakesh Rajani 
(eds.), Nyerere on Education: Selected Essays and Speeches 1954-1998, (Dar es Salam: 
HakiElimu, 2004), pp. xii-xiii.
46 Ibid. p. Xiii.
4?Randall Curren. Op. cit. p. 360.
48 Ibid p. 361-363.
49 Mwalimu Julius Nyerere, “Education For Liberation” in Elieshi Lema, Maijorie 
Mbilinyi & Rakesh Rajani (eds.), Nyerere on Education: Selected Essays and Speeches 
1954-1998. (Dar es Salam: HakiElimu, 2004), pp. 122-132.
50 Harvey Siegel, “Philosophy of Education, Epistemological Issues” in Donald M. 
Borchert (ed.). Encyclopedia of Philosophy. 2nd Ed., volume 7, (London: Thompson 
Gale, 2006). pp .355-357.
51 Alvin, cited by Harvey Siegel, Op. cit. p. 356.
52 Catherine Z. Elgin, cited by Harvey Siegel, Op. cit. p. 357.
53 Mwalimu Julius Nyerere, Op. cit p. 124.
MIbid, pp. 160-164.
55 Ibid, p. 161.
56 Madeez Adamu-Issah et. al., Op. cit. pp. 1-13.
57 Ibid, pp. 14-15.
S8Osita C. Eze, Op. cit p. 5.
59 Maurice Cranston as cited in Issa G. Shivji, Op. cit. p. 21.
60 Mwalimu Julius Nyerere, Op. cit p. 124.
29
61 Joseph Omane-Ankuamoah, Charles Obeng-Ampadu, Daniel Asamoah, Ben Douglas 
Baffoe-Bonnie & David Prah, Principles and Practice of Education for UTTDBE 
Programme. (Accra: Teacher Education Division, 2004), p. 4.
30
CHAPTER TWO
LEGAL FRAMEWORK FOR THE PROMOTION OF THE CHILD’S RIGHT TO
EDUCATION.
2.0 INTRODUCTION
In the discussion in this chapter, the following key issues are worth noting:
1) Education is a human right and therefore all human beings are entitled to by virtue 
of being human.
2) The rural child in Akuapem South Municipality is a human being and therefore 
entitled to the right to education.
3) International bodies such as the UN and the AU have provided the legal basis for 
the enjoyment of this right and these are found in various documents.
4) Ghana, a member of these institutions has domesticated the standards into laws, 
rules and regulations that can be found in various documents.
5) The enjoyment of this right by the rural child (first party) in Akuapem South 
Municipality imposes legal duty on stake-holders (second party).
Right to education, as a basic human right, has the foundation for its promotion spelt 
out in various documents. Some of these documents are international while others are 
domestic. Among the international documents that are examined under this chapter are 
the UN Charter, the International Bill of Rights, the CRC, the ACHPR and the ACRWC. 
The domestic legal framework includes the 1992 Fourth Republican Constitution of 
Ghana, the Children’s Act-1998, and the Education Act-2008.
31
2.1 INTERNATIONAL LEGAL FRAMEWORK
Even though the idea of human rights predates the 20th century, it gained impetus 
only after the 2nd World War. One of the reasons was the codification of the various 
rights in a written document which sets standards for the protection and promotion of 
these rights by states. One of the rights found in these international documents is the right 
to education. The provisions on the right to education oblige states to promote the right. 
In other words, the right to education imposes a legal duty on states and other stake­
holders to ensure its promotion. These documents are as follows.
2.1.1 THE UN CHARTER
Modem international human rights law is a post-World War Two phenomena, but it 
can be traced from President Franklin D. Roosevelt’s ‘Four Freedoms’ message in 1941.1 
These rights were captured in the UN Charter in 1945. Human rights provisions that were 
captured in the Charter were far below Roosevelt’s expectation and the war time rhetoric 
because the principal victorious powers had human rights problems of their own. For 
example, while the Soviet Union and the United States had to deal with Gulag and dejure 
racial discrimination respectively, France and Britain were involved in colonial activities. 
It was therefore not in their interest to establish an effective international system for the 
protection of human rights. However, the UN Charter is the first legal document to lay 
the conceptual foundation for the development of contemporary system of international 
human rights.2
The Preamble of the UN Charter is loaded with statements on human rights. It states:
32
We the Peoples of the United Nations determined to save succeeding generations 
from the scourge of war, which twice in our lifetime has brought untold sorrow to 
mankind, and to reaffirm faith in fundamental human rights, in the dignity and 
worth of the human person, in the equal rights of men and women and of nations 
large and small, and to establish conditions under which justice and respect for 
the obligations arising from treaties and other sources of international law can be 
maintained, and to promote social progress and better standards of life in larger 
freedom.
Though the preamble on human rights is not binding, the statement shows the 
willingness of the various peoples to see human beings live happy lives through the 
protection and promotion of their fundamental rights. They set the foundation for the 
more binding provisions on human rights in the Charter.
The UN Charter as a whole may be seen as a human rights document as it seeks to 
promote peace in the world. Peace forms part of the third generation of human rights 
mentioned by Carl Wellman3, and a peoples’ right according to Buergenthal and others4. 
However the specific provisions in the Charter on human rights include Articles 1, 2, 4, 
13, 55, 56. 62 and 68.
Article 1 (3), one of the purposes of the UN states:
To achieve international co-operation in solving international problems of an 
economic, social, cultural, or humanitarian character, and in promoting and
33
encouraging respect for human rights and for fundamental freedoms for all without 
distinction as to race, sex, language, or religion.
This Article is a form of recognition on the part of the UN that individuals have rights 
and these must be promoted and respected. Since the right to education is a human right, 
the Charter therefore recognises the rural child’s right to education.
Article 2(2)
All Members, in order to ensure to all of them the rights and benefits resulting from 
membership, shall fulfil in good faith the obligations assumed by them in accordance 
with the present Charter.
Article 4( 1)
Membership in the United Nations is open to all other peace-loving states which 
accept the obligations contained in the present Charter and, in the judgment of the 
Organization, are able and willing to carry out these obligations.
Article 13( 1)
The General Assembly shall initiate studies and make recommendations for the 
purpose of:
a. promoting international co-operation in the political field and encouraging the 
progressive development of international law and its codification;
34
b. promoting international co-operation in the economic, social, cultural, educational, 
and health fields, and assisting in the realization of human rights and fundamental 
freedoms for all without distinction as to race, sex, language, or religion.
Article 55
With a view to the creation of conditions of stability and well-being which are 
necessary for peaceful and friendly relations among nations based on respect for the 
principle of equal rights and self-determination of peoples, the United Nations shall 
promote:
1. higher standards of living, full employment, and conditions of economic and 
social progress and development;
2. solutions of international economic, social, health, and related problems; and 
international cultural and educational cooperation; and
3. universal respect for, and observance of, human rights and fundamental freedoms 
for all without distinction as to race, sex, language, or religion.
Article 56
All Members pledge themselves to take joint and separate action in co-operation with 
the Organization for the achievement of the purposes set forth in Article 55.
Article 62(2)
35
The Economic and Social Council may make recommendations for the purpose of 
promoting respect for, and observance of, human rights and fundamental freedoms 
for all. [Emphasis added].
Article 68
The Economic and Social Council shall set up commissions in economic and social 
fields and for the promotion of human rights, and such other commissions as may be 
required for the performance of its functions.
Article 1(3) is the main provision on human rights. As rights and duties are 
correlative. Articles 4(1), 13(1), 55, 56, 62 and 68 identify the parties responsible for the 
promotion of these rights. That is the UN and Member States.
First, the obligation falls on the UN in general (Article 55). Second, the Charter 
specifically mentions the GA (Article 13(1)) and the ECOSOC (Articles 62 and 68). 
With respect to Article 62, though the use of “may” places some sort volition on the part 
of the organ to promote the rights of individuals, the use of “shall” in Article 68 
completely obliges the organ. Third, the obligation for the promotion also falls on the 
States Parties (Articles 2(2), 4(1) and 56). In this regard, Ghana, as a party to the Charter, 
is under obligation to respect these provisions.
Though Articles 1(3), 13( 1 b) and 55(c) contain non-discrimination clause, the Charter 
does not define what is meant by “human rights and fundamental freedoms”. Again, the 
provisions are for the promotion of human rights in general. They do not mention the 
right to education specifically.
36
Despite the vagueness of the human rights provisions, the UN Charter has a number 
of important benefits. One, the Charter internationalized human rights. That is, human 
rights are no longer exclusive domestic concern but a subject of international one; two, 
the obligation of States Parties in the promotion of human rights and fundamental 
freedoms has given the UN the legal authority to define and codify these rights. This led 
to the adoption of the International Bill of Human Rights; three, the obligation to promote 
human rights has encouraged the creation of the UN Charter-based institutions to ensure 
compliance by gov ernments. The UN Commission on Human Rights and its subsidiary 
bodies are examples.5
2.1.2 THE INTERNATIONAL BILL OF HUMAN RIGHTS
The International Bill of Human Rights consists, in addition to the human rights 
provisions of the UN Charter, of the UDHR, the two International Covenants on Human 
Rights and the Optional Protocol to the ICCPR.6 As stated above, the UN provisions on 
human rights do not define what the “human rights and fundamental freedoms” they 
oblige states to promote are. The UN Commission on Human Rights was therefore 
charged with drafting an international bill of human rights. However there was no 
agreement on what the “Bill” meant. While the British viewed “Bill” as an instrument of 
positive law and therefore binding on states, Russia was willing to support a Bill of 
Rights understood as a manifesto of rights, a non-binding document.7 The Commission 
decided to produce two human rights documents, one, on the basis of a manifesto listing 
what constitute “human rights and fundamental freedoms”. This would be known as the 
Declaration. Two, a legally binding instrument and this will be called a Covenant.8
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2.1.3 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR).
The Declaration was the first international human rights instrument. It is the source of 
international law of human rights, embodied in the two international covenants, legally 
binding on majority of states, and in major international conventions on genocide, torture, 
racial discrimination, and the rights of the child.9
It was adopted by the UNGA in December 1948 and made up of thirty (30) articles. It 
is the first comprehensive human rights instrument to be proclaimed by a global 
international organisation.10 The instrument proclaims two main categories of rights: civil 
and political rights; and economic, social and cultural rights. A perusal of the document 
reveals that more articles have been allocated to civil and political rights and only a few 
to economic, social and cultural rights.
In defining what “human rights” and “fundamental freedoms” are, the UDHR is 
explicit on the right to education. Article 26 states that:
1) Everyone has the right to education. Education shall be free, at least in the 
elementary and fundamental stages. Elementary education shall be compulsory. 
[Emphasis added].
2) Education shall be directed to the full development of the human personality and to 
the strengthening of respect for human rights and fundamental freedoms. It shall 
promote understanding, tolerance and friendship among all nations, racial or religious 
groups, and shall further the activities of the United Nations for the maintenance of 
peace.
38
3) Parents have a prior right to choose the kind of education that shall be given to
their children.
This Article recognizes the right of the rural child to education by the use of the word 
“everyone”. Taking the meaning of “elementary” to be “basic”11 then, Article 26(1) 
proclaims free and compulsory basic education. Article 26(2) goes on to mention the 
objectives of education.
Even though the UDHR is not a treaty but a UNGA resolution and therefore not 
having the force of law, as an applicable standard, the UDHR is seen as an authoritative 
interpretation of the human rights provisions of the UN Charter which obliges States 
Parties to promote universal respect and observance of human rights. Again, as an 
applicable standard of practice, the UDHR is viewed as a customary international law12 
that is binding on all states, even on those that have not accepted any relevant human 
right treat)13. This therefore places obligation on States Parties, Ghana for that matter, to 
ensure the enjoyment of the right to education as proclaimed in the UDHR. Again, a 
critical look at Article 26(3) shows that the obligation does not rest on only states but on 
parents as well. If parents do have that right then they also have the duty to support the 
education of their children.
The significance of the UDHR according to Louis Henkin, are: one, it has converted 
natural rights into a dominant political ideology; two, it has defined human rights in an 
authoritative code of thirty articles of fundamental rights; and three, it has universalised 
human rights.14
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2.1.4 THE INTERNATIONAL COVENANT(S)
As mentioned above, the UN Commission produced two documents- the Declaration, 
and the Covenant which is a legally binding document. The Covenant is actually the 
‘Covenants' because two covenants were produced. They include the ICCPR and the 
ICESCR and the two Optional Protocols to the ICCPR. It took eighteen (18) years for the 
treaties to be adopted by the UNGA and opened for signature after the production of the 
UDHR. and another ten (10) years to enter into force.15 These documents, as opposed to 
the UDHR. are treaties and therefore create legally binding obligations for States Parties.
For the purpose of this study, only one of them shall be examined because the right to 
education is found in the ICESCR.
2.1.5 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL 
RIGHTS (ICESCR).
The ICESCR was adopted and opened for signature, ratification and accession by the 
GA resolution 2200A (xxi) on 16th December 1966 but came into force on 3rd January 
1976 after thirty-five (35) states have ratified it in accordance with Article 27 of the same 
Covenant. It is divided into four parts and made up of thirty-one (31) articles. It contains 
a much longer and more comprehensive catalogue of economic, social and cultural rights 
than the UDHR. It does not merely list the rights but defines them and sets out the steps 
that should be taken to achieve their realisation.16 The main articles on education are 
Articles 13 and 14. According to the Committee on Economic. Social and Cultural 
Rights, “Article 13, the longest provision in the Covenant, is the most wide-ranging and
40
comprehensive article on the right to education in international human rights law.”17 
Article 13(1) states that:
The States Parties to the present Covenant recognize the right of everyone to 
education. They agree that education shall be directed to the full development of the 
human personality and the sense of its dignity, and shall strengthen the respect for 
human rights and fundamental freedoms. They further agree that education shall 
enable all persons to participate effectively in a free society, promote understanding, 
tolerance and friendship among all nations and all racial, ethnic or religious groups, 
and further the activities of the United Nations for the maintenance of peace.
Article 13(2)
The States Parties to the present Covenant recognize that, with a view to achieving 
the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(e) The development of a system of schools at all levels shall be actively pursued, an 
adequate fellowship system shall be established, and the material conditions of 
teaching staff shall be continuously improved.
Article 13(1) identifies the aims and objectives of education which reflect the 
fundamental purposes and principles of the UN as enshrined in Articles 1 and 2 of the 
Charter. They are also found in Article 26(2) of the UDHR. Though Article 13(2) 
identifies the steps that will ensure the full realisation of the right to education, only “a"
41
and “e” are relevant to the study. Primary education, according to the Committee, is not 
synonymous with basic education but a component of basic education.18 However, for the 
sake of this study, the two are interchangeable. This therefore means that: one, neither 
parents, nor guardians, nor the State are entitled to treat as optional the decision as to 
whether the child should have access to basic education. Two, this right must be 
delivered in a system of school (the basic school) with good working conditions of the 
educators. Three, neither the government, nor the local authorities nor the school must 
impose any direct or indirect cost on the child or his/her parent/guardian.
Article 14
Each State Party to the present Covenant which, at the time of becoming a Party, has 
not been able to secure in its metropolitan territory or other territories under its 
jurisdiction compulsory primary education, free of charge, undertakes, within two 
years, to work out and adopt a detailed plan of action for the progressive 
implementation, within a reasonable number of years, to be fixed in the plan, of the 
principle of compulsory education free of charge for all.
The Covenant, viewed critically, reveals that the language used does not place 
immediate obligation on States Parties to promote the rights therein. It only obliges them 
to take steps to realise the rights progressively according to the economic strength of the 
states.
42
Article 2( 1) states:
Each State Party to the present Covenant undertakes to take steps, individually and 
through international assistance and co-operation, especially economic and technical, 
to the maximum of its available resources, with a view to achieving progressively the 
full realization of the rights recognized in the present Covenant by all appropriate 
means, including particularly the adoption of legislative measures.
The assumption on the non-immediate obligations was resolved by the Committee on 
Economic. Social and Cultural Rights in its General Comment No. 3. It states that, while 
it acknowledges the constraints in the progressive realisation of the rights recognised in 
the Convention due to limited economic resources, it imposes obligations which are of 
immediate effect. The Committee points out two. One, the “undertaking to guarantee” the 
rights in the Covenant without discrimination in Article 2(2); and two, the undertaking in 
Article 2(1).19
To ‘undertake’ means ‘to promise’ but in legal terms it is binding. In addition the 
Covenant is a treaty and therefore binding on signatories. States Parties are therefore 
legally bound to ensure the full realization of the right to education. Ghana is therefore 
obliged.
Apart from the state, the Covenant recognises the role of the parent in the education 
of the child even though it does not explicitly oblige the parent.
Article 10(1) states:
The States Parties to the present Covenant recognize that:
43
1. The widest possible protection and assistance should be accorded to the family, 
which is the natural and fundamental group unit of society, particularly for its 
establishment and while it is responsible for the care and education of dependent 
children.... [Emphasis added],
2.1.6 THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC).
As the first legally binding international instrument which catalogues extensively, 
civil and political, and economic, social and cultural rights of the child,20 it was adopted 
and opened for signature, ratification and accession by UNGA resolution 44/25 on 20th 
November 1989 and came into force on 2nd September, 1990. It is the most widely 
ratified human rights document with 193 States Parties21 including Ghana as the first to 
ratify the Convention. It sets out fifty-four (54) articles organised in three parts, and two 
protocols (on children in armed conflicts and on sale of children, child prostitution and 
child pornography). By ratifying the treaty, States Parties agree to undertake the 
obligations of the Convention. The Convention has four core principles which include: 
Non-discrimination (Article 2), Best interest of the child (Article 3), Right to survival and 
development (Article 6), and Respect for the views of the child (Article 12). These 
Articles, though related to education, the Convention explicitly devotes two articles to the 
right to education, Articles 28 and 29.
Article 28 states:
1. States Parties recognize the right of the child to education, and with a view to 
achieving this right progressively and on the basis of equal opportunity, they shall, in 
particular:
44
(a) Make primary education compulsory and available free to all;
(d) Make educational and vocational information and guidance available and 
accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduction of 
drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is 
administered in a manner consistent with the child's human dignity and in conformity 
with the present Convention.
Article 29
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;
45
(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.
Like the ICESCR. the CRC identifies the right of the child to education as well as sets 
out the steps that should be taken to achieve the fulfilment. While Article 29 identifies the 
aim and objectives of education. Article 28 sets out the steps.
The basic obligations in achieving this right are placed on the state and the parent. 
These are captured in various provisions in the Convention. Articles 2 and 4 place the 
obligation on the state. Article 2 obliges the state to respect all the rights in the 
Convention by taking appropriate measures. These measures are spelt out in Article 4. It 
says:
States Parties shall undertake all appropriate legislative, administrative, and other 
measures for the implementation of the rights recognized in the present Convention. 
With regard to economic, social and cultural rights, States Parties shall undertake 
such measures to the maximum extent of their available resources and, where needed, 
within the framework of international co-operation.
In addition, the use of the word “shall” in Article 28 places obligation on the state to 
ensure the realization of the child’s right to education.
46
Apart from the above, the CRC also obliges parents in the promotion of the education 
of their children. The following articles are the provisions:
Article 18(1)
States Parties shall use their best efforts to ensure recognition of the principle that 
both parents have common responsibilities for the upbringing and development of the 
child. Parents or, as the case may be, legal guardians, have the primary responsibility 
for the upbringing and development of the child. The best interests of the child will be 
their basic concern.
Article 27
1. States Parties recognize the right of every child to a standard of living adequate for 
the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility to 
secure, within their abilities and financial capacities, the conditions of living 
necessary for the child's development.
These provisions, though not directly on education, the Convention recognises the 
responsibility of the parent towards the child. Secondly, Upbringing’ (‘the care and 
training that parents give their children when they are growing up’22) and ‘development’ 
(as used in Article 27(1) and inferred from Article 29(1) of the present charter), relate to 
education. Taking these words in this manner, then the CRC places obligation on parents 
to promote the child’s right to education.
47
2.1.7 THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS (ACHPR).
The ACHPR, sometimes referred to as the ‘Banjul Charter’23 was adopted on June 27, 
1981 and entered into force on 21st October 1986. It was adopted by the OAU and has 
been ratified by all 53 OAU Member States.24 The Charter is divided into three (3) parts 
and made up of sixty-eight (68) articles. The Charter has the following features: one, it 
proclaims not only rights but also duties explicitly stated. These duties are found in 
Articles 27. 28. and 29. Two, the Charter recognizes peoples’ rights as well as individual 
rights. The individual rights are captured in Article 2 to Article 17 and the peoples’ rights 
are articulated in Articles 19 to 24. Among the individual rights that the Charter 
proclaims is the right to education. Article 17(1) provides that “every individual shall 
have the right to education.” [Emphasis added].
Again Article 18(3) provides for the protection of the rights of children. It states that 
“the State shall ensure the elimination of every discrimination against women and also 
ensure the protection of the rights of the woman and the child as stipulated in 
international declarations and conventions.” [Emphasis added].
Putting the two together, it can rightly be said that the Charter provides for the 
promotion of the African child’s right to education. In addition, the phrase “every 
individual” entitles the child in the rural area to this right.
This assertion is corroborated by the non-discrimination provision in Article 2 of the 
Charter, which has it that “every individual shall be entitled to the enjoyment of the rights 
and freedoms recognized and guaranteed in the present Charter without distinction of any
48
kind such as race, ethnic group, colour, sex, language, religion, political or any other 
opinion, national and social origin, fortune, birth or other status.” [Emphasis added].
Unlike the ICESCR and the CRC, the provision on the right to education does not 
specifically mention primary education, and does not also state the steps to ensure the 
realization. However, a critical consideration of Article 1 (quoted below) reveals that the 
steps are mentioned. Again, the mention of the child in Article 18 resolves the issue as 
majority of children are in the primary school.
The promotion of this right is placed on States Parties to the Charter. The basic 
obligation for the realisation of the rural child’s right to education is spelled out in Article
1. It states that:
The Member States of the Organization of African Unity Parties to the present 
Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and 
shall undertake to adopt legislative or other measures to give effect to them.
This provision is complemented by Articles 25, 26, and 62.
Article 25
States parties to the present Charter shall have the duty to promote and ensure through 
teaching, education and publication, the respect of the rights and freedoms contained 
in the present Charter and to see to it that these freedoms and rights as well as 
corresponding obligations and duties are understood.
49
Article 26
States parties to the present Charter shall have the duty to guarantee the independence 
of the Courts and shall allow the establishment and improvement of appropriate 
national institutions entrusted with the promotion and protection of the rights and 
freedoms guaranteed by the present Charter.
Article 62
Each state party shall undertake to submit every two years, from the date the present 
Charter comes into force, a report on the legislative or other measures taken with a 
view to giving effect to the rights and freedoms recognized and guaranteed by the 
present Charter.
These provisions therefore oblige the state (Ghana) to promote the realization of the 
right to education of all including the rural child.
2.1.8. AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD 
(ACRWC).
One of the regional conventions whose adoption was stimulated by the CRC is the 
ACRWC/5 It came into force on 29th November, 1999, nine years after the coming into 
force of the CRC. It was adopted by the OAU and has been ratified by all member states. 
It bears resemblance to the CRC as most of the provisions contained in the ACRWC are 
more or less photocopies of the provisions in the CRC with only few modifications. For 
instance, the core principles in the CRC are also captured by the present Charter. These
50
are contained in Articles 2, 4, 5, and 7 respectively. The Charter is grouped into two parts 
but four chapters, with a total number of forty-eight (48) articles. Like the ACHPR, it 
catalogues not only rights but duties as well. Article 31 explicitly talks about the duties of 
the child. This provision differentiates the African Human Rights Charter on the rights of 
the child from the major UN Human Rights Charter on the child.
Among the rights entitled to the Child in this Charter is the right to education. Article 
11(1) states that “every child shall have the right to an education.”
The use of the article ‘an’ in section (1) makes the meaning of education ambiguous. 
However section 2 of the same Article clears the ambiguity. The aims of education of the 
child as stated in the Article can only be through formal education. It states:
2. The education of the child shall be directed to:
(a) the promotion and development of the child's personality, talents and mental and 
physical abilities to their fullest potential;
(b) fostering respect for human rights and fundamental freedoms with particular 
reference to those set out in the provisions of various African instruments on human 
and peoples' rights and international human rights declarations and conventions;
(c) the preservation and strengthening of positive African morals, traditional values 
and cultures;
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(d) the preparation of the child for responsible life in a free society, in the spirit of 
understanding tolerance, dialogue, mutual respect and friendship among all peoples 
ethnic, tribal and religious groups;
(e) the preservation of national independence and territorial integrity;
(f) the promotion and achievements of African Unity and Solidarity;
(g) the development of respect for the environment and natural resources;
(h) the promotion of the child's understanding of primary health care.
Like the CRC and the ICESCR, the Charter states the steps that must be followed to 
ensure the realization of the child’s right to education. Section 3(a, d and e) state:
3. States Parties to the present Charter shall take all appropriate measures with a view 
to achieving the full realization of this right and shall in particular:
(a) provide free and compulsory basic education:
(d) take measures to encourage regular attendance at schools and the reduction of 
drop-out rates;
(e) take special measures in respect of female, gifted and disach'antaged children, to 
ensure equal access to education for all sections of the community.(Emphasis added).
The basic obligations of States Parties and other stake-holders for the realization of 
this right are set in the following articles.
52
Member States of the Organization of African Unity Parties to the present Charter 
shall recognize the rights, freedoms and duties enshrined in this Charter and shall 
undertake to the necessary steps, in accordance with their Constitutional processes 
and with the provisions of the present Charter, to adopt such legislative or other 
measures as may be necessary to give effect to the provisions of this Charter.
This Article obliges Ghana to promote the right of the child to education.
Article 20
Parents or other persons responsible for the child shall have the primary responsibility 
of the upbringing and development the child and shall have the duty: [Emphasis 
added].
(a) to ensure that the best interests of the child are their basic concern at all times-
(b) to secure, within their abilities and financial capacities, conditions of living 
necessary to the child's development-, [Emphasis added].
This provision places duty on the parent to educate the child. This is captured in the 
words ‘upbringing' and ‘development’ which are related to education as explained above.
Article 4 places the obligation for the realization of the right to education on the state.
the parent, and the educator, though not explicitly. It enjoins authorities to consider the
best interest of the child when they take actions that have effect on the child. These stake-
53
Article 1(1)
holders are authorities when it comes to actions concerning the right of the child to 
education.
This is supported by paragraph 8 of the preamble which has it that “considering that 
the promotion and protection of the rights and welfare of the child also implies the 
performance of duties on the part of everyone." [Emphasis added]. Everyone includes the 
state, the parent as well as the educator.
2.2 DOMESTIC/METROPOLITAN LEGAL FRAMEWORK FOR THE PROMOTION 
OF THE RIGHT OF THE CHILD TO EDUCATION.
The above section examined the international legal framework for the promotion of 
the child's right to education. The provisions in the international documents become 
effective after they have been domesticated. To show commitment to the international 
provisions on the right of the child to education, the state of Ghana has taken steps to 
domesticate this right. These steps are found in the Constitution of Ghana (1992). the 
Children’s Act (1998), and the Education Act (2008). These documents, like the 
international ones, legally place obligation on the stake-holders to ensure the realization 
of the right to education. This section therefore looks at the domestic legal framework.
2.2.1 THE CONSTITUTION OF GHANA (1992)
It came into force on 7th January, 1993 after it has been gazetted on 15th May, 1992. It 
is grouped into twenty-six (26) chapters and contains two hundred and ninety-nine (299) 
articles. The Constitution, like the international documents examined, is a human rights
54
document. The preamble gives credence to this statement. A critical perusal shows that 
the Constitution was adopted and enacted for the purpose of protecting and preserving the 
fundamental human rights and freedoms of the people of Ghana. This is because almost 
every line in the preamble contains at least a word that has human rights connotation.
Apart from the preamble and other human rights provisions that are scattered in the 
Constitution, there is a whole chapter specifically dedicated to fundamental human rights 
and freedoms. The Constitution spells out civil and political rights, as well as economic, 
social and cultural rights. It also recognizes the rights of the vulnerable such as women, 
disabled, the sick and the child. The Constitution, like the ACHPR and the ACRWC, 
catalogues both rights and duties. For duties, Article 41 under ‘the Directive Principle of 
State Policy’ captures that. Among the rights espoused by the Constitution is the right to 
education.
Article 25( 1) states:
All persons shall have the right to equal educational opportunities and facilities and
with the view to achieving the full realization of that right -
a) basic education shall be free, compulsory and available to all; [Emphasis added].
e) the development of a system of schools with adequate facilities at all levels shall be
actively pursued. [Emphasis added].
The Constitution, like the international instruments, does not just list the right to 
education; it gives measures for its realization. It is specific on basic education. Again.
55
the ‘all’ as used in paragraph (a) of clause (1) implies that the rural child is also entitled 
to the right in this paragraph. Lastly, 'all levels’ as in paragraph (e) of the same clause 
implies that the rural basic school is also entitled to adequate facilities for the education 
of the rural child.
This is supported by the non-discrimination provisions in the following articles. 
Article 12(2)
Ever)’ person in Ghana, whatever his race, place of origin, political opinion, colour, 
religion, creed, or gender shall be entitled to the fundamental human rights and 
freedoms of the individual contained in this Chapter....
Article 17(2)
A person shall not be discriminated against on grounds of gender, race, colour, ethnic 
origin creed or social or economic status.
Article 28(4)
No child shall be deprived by any other person of medical treatment, education or any 
other social or economic benefit by reason only of religious or other beliefs. 
[Emphasis added].
The obligation for the promotion of the right to education is placed on the state. This 
is clearly stated in Article 12(1) that:
56
The fundamental human rights and freedoms enshrined in this Chapter shall be 
respected and upheld by the Executive, Legislature and Judiciary and all other 
organs of government and its agencies and, where applicable to them, by all natural 
and legal persons in Ghana, and shall be enforceable by the Courts as provided for in 
this Constitution. [Emphasis added].
This is complemented by Article 34(2) and Article 38(1) and (2) under Chapter Six.
Article 34(2)
The President shall report to parliament at least once a year all the steps taken to 
ensure the realisation of the policy objectives contained in this Chapter; and, in 
particular, the realisation of basic human rights, a healthy economy, the right to work, 
the right to good health care and the right to education.
Article 38
(1) The state shall provide educational facilities at all levels in all regions of Ghana, 
and shall, to the greatest extent feasible, make those facilities available to all 
citizens.
(2) The Government shall within two years after parliament first meets after the 
coming into force of this constitution, draw up a programme for implementation 
within the following ten years, for the provision of free, compulsory and universal 
basic education.
57
Besides the state, the parent does have an obligation. The Constitution, in Article 
28(1 c) recognizes this and therefore mandates parliament to enact laws to ensure that 
parents undertake their natural obligation of care, maintenance and upbringing of their 
children.
2.2.2 THE CHILDREN’S ACT, 1998
In fulfilment of Article 4 of the CRC and to give meaning to the rights of the child in 
Article 28 of the 1992 Constitution of Ghana, the Parliament of Ghana enacted an act. 
“An act to reform and consolidate the law relating to children, to provide for the rights of 
the child, maintenance and adoption, regulate child labour and apprenticeship, for 
ancillary matters concerning children generally and to provide for related matters.”26 This 
act is known as the Children’s Act, (Act 560) 1998. It received Presidential Assent on 
30th December 1998 but was gazetted on 5th February, 1999. The Act is group into six 
parts and made up of one-hundred and twenty-six (126) sections.
The Act catalogues both civil and political rights, and economic, social and cultural 
rights. Though the parent has major role to play in the realization of the rights therein, the 
state and other persons (in this case the educator) have been obliged either explicitly or 
implicitly to ensure the realization of these rights. For example the use of the phrase 'no 
person’ in the Act places obligation on everybody to protect the right it relates to. Like 
the other documents, the Children’s Act espouses the right of the child to education. 
Section 8( 1) states:
58
No person shall deprive a child access to education, immunisation, adequate diet, 
clothing, shelter, medical attention or any other thing required for his development. 
[Emphasis added].
This right to education is not limited to only a section of the children in the state but 
to be enjoyed by all children including the rural child. This is captured in the non­
discrimination clause. Section 3 which states that:-
No person shall discriminate against a child on the grounds of gender, race, age, 
religion, disability, health status, custom, ethnic origin, rural or urban background, 
birth or other status, socio-economic status or because the child is a refugee. 
[Emphasis added].
The act does well by clarifying ‘education’ as basic education in Section 47(2). It 
however did not make justice to the meaning of the right to education according to the 
study. It only mentioned explicitly, access to education while no mention is made of 
quality education. But since access to education is the root to quality education, if the 
stake-holders should adhere to the obligations imposed on them for the realization of the 
objectives of basic education then quality education aspect of the right to education will 
be enjoyed by the child. Quality education can therefore be subsumed under access to 
education in Section 8 of the Act under examination.
Again, unlike the 1992 Constitution and other documents discussed above, the Act 
does not give the measures for the realization of the right to education. The silence may
59
be understood in the sense that the mother document (the Constitution) has made justice 
to that.
The obligation for the realization of the right to education in the Act is placed, firstly, 
on the parent. Section 6(2) has it that "every child has the right to...education...from his 
parents" and paragraph 3b states that "every parent has rights and responsibilities 
whether imposed by law or otherwise towards his child which include the duty to provide 
good guidance, care, assistance and maintenance for the child and assurance of the 
child's surv ival and development." [Emphasis added].
Though Section 6(3b) does not mention education, the responsibility for the 
maintenance of the child and development of the child include his/her education. This is 
clarified in Section 47 (1) which states that “a parent or any other person who is legally 
liable to maintain a child or contribute towards the maintenance of the child is under a 
duty to supply the necessary of... education ... for the child.”
Secondly, the Act places obligation on the state. Section 16 obliges the state represented 
by the District Assembly to promote the right to education. It states:
1) A District Assembly shall protect the welfare and promote the rights of children 
within its area of authority and shall ensure that within the district, governmental 
agencies liaise with each other in matters concerning children.
2) The Social Welfare and Community Development Department of a District 
Assembly ... shall investigate cases of contravention of children's rights.
60
Thirdly the educator is also placed under obligation. The ‘No person’ clause in Section 8 
imposes this obligation.
2.2.3 THE EDUCATION ACT. 2008
Like the Children’s Act, in pursuance of constitutional provisions of the 1992 
Constitution, the Parliament of Ghana enacted an act “to produce well balanced 
individuals with the requisite knowledge, skills, values, aptitudes and attitudes to become 
functional and productive citizens for the total development and the democratic 
advancement of the nation and for related matters.” The Act received Presidential Assent 
on 6th January, 2009 and gazette notification was on 9th January, 2009. It is made up of 
thirty-one (31) sections. The Act is specifically centred on the right to education and how 
it can be made accessible as well as qualitative to realize the objectives stated in the 
preamble.
The Act, in Section 1(1), recognizes three levels of education beginning with basic 
education through secondary level to tertiary level. Section 1(2) breaks down the basic 
education into two years of kindergarten education, six years of primary education, and 
three years of junior high school education.
On the right to basic education Section 2 is very clear. It states:
1) A child who has attained school going age shall, at the basic level, attend a course 
of instruction as laid down by the minister in a school recognised for that purpose 
by the Minister.
61
2) Education at the basic level is free and compulsory.
To achieve the objectives stated in the preamble, education must begin from the basic 
level. As mentioned above, rights are correlative to duties; the Act therefore obliges the 
state, the parent, and the educator to ensure the realization of the right to basic education.
Section 22 states:
1) The District Assembly shall, for its area of authority and as far as its functions 
extend, contribute to the total development of the community by ensuring that 
efficient education throughout the basic, second cycle and functional literacy 
education levels including non-formal education is available to meet the needs of 
the population of its area.
2) The District Assembly shall, in the prescribed manner, and with financial 
assistance provided by the Government,
a) build, equip and maintain public schools in the district,
b) establish public schools that are in the opinion of the district director of 
education required in the district in consultation with the district chief 
executive, and
c) perform any other functions conferred on the district education oversight 
committee by the Act.
62
This is complemented by Section 2(3) which has it that “a District Assembly shall 
subject to section 3 provide the necessary infrastructural needs and any other facilities for 
the education of the population in the area of its authority.”
These provisions oblige the state represented by the District Assembly to provide 
school buildings, furniture, textbooks, toilets, urinals, libraries, and teaching learning 
material.
The state is obliged not only in the provision of facilities but also in the area of 
supervision to ensure quality standards. The Act, under Section 7, sets up a National 
Inspectorate Board appointed by the President of Ghana to carry out this obligation. The 
obligation is thus found under Section 8. It states:
1) The functions of the National Inspectorate Board are,
a) to undertake the inspection of schools.
b) To evaluate, on a periodic basis, the first and second cycle institutions, and
c) To set and enforce standards to be observed at the basic and second cycle 
levels in both public and private educational institutions. [Emphasis added].
2) For the purposes of paragraph(c) of subsection(l), the board shall set up 
inspection panels to provide an independent external evaluation of the quality and 
standards in educational institutions by focusing on
a) the quality of teaching and learning provided by the educational institution,
b) the educational standards achieved by the educational institution,
63
e) the facilities available in the educational institution.
The parent is also obliged to ensure the realization by sending the child to the school 
that the state has provided. Section 2 (subsections 4 and 5) states:
4) Where a child does not attend a course of instruction in compliance with 
subsection (1) the parent shall, in the first instance, appear before the social welfare 
committee of the district assembly for appropriate action.
5) A parent who fails to comply with the appropriate action agreed on with the social 
welfare committee, commits an offence, and is liable on conviction by a District 
Court,...
To complement the above, Section 28(1) empowers the parent to ensure quality 
teaching and learning in schools. It states that “a parent aggrieved with the inferior 
standards of teaching or learning in a public or private educational institution... may 
appeal to the... district education oversight committee.” This provision sounds more like a 
right, but inherently, it is a command that places a duty on the parent to ensure the 
realisation of the child’s right to education.
On the part of the educator, the Act places the obligation for the realization of the 
right to basic education, on the District Directorate of Education. Sections 22(4) and 8(4) 
state:
The District Education Directorate in consultation with the appropriate religious 
educational units are responsible for the efficient delivery of education services to
64
meet the peculiar needs of the areas within the district and in accordance with the 
educational policy directives as determined by the minister. [Emphasis added].
Section 8(4) states:
The directors and supervisors within the regional and district directorates of education 
shall undertake, in accordance with the directives or guidelines of the board, routine 
inspection of schools to ensure the maintenance of standards of performance in 
teaching and learning.
2.3 CONCLUSION
This chapter tried to examine the legal basis for the promotion of the rural child’s 
right to education. All the legal documents examined impose legal duty on the state (the 
Government of Ghana) to ensure the realization of the right. All the domestic documents 
also oblige the parent in this direction while some of the international documents also 
recognize the role of the parent in this direction. The Education Act explicitly obliges the 
educator while the ACRWC and the Children’s Act do that implicitly. Education, as a 
human right is entitled to the rural child in Akuapem South Municipality. The documents 
explicitly or implicitly compel at least one of the stake-holders on education to ensure the 
realization of this right.
65
NOTES
1 Thomas Buergenthal, Dinah Shelton, & David P. Stewart, International Human Rights 
in a Nutshell. 3"1 Ed, (West Group. 2002), p. 27; Louis Henkin “Human Rights: Ideology 
and Aspirations. Reality and Prospect" in Samantha Power & Graham Allison, eds., 
Realizing Human Rights: Moving from Inspiration to Impact. (New York: St Martin’s, 
2000), p. 4.
2 Thomas Buergenthal et. al., Op. cit. pp. 28-29.
3 Carl Wellman, The Proliferation of Rights: Moral Progress or Empty Rhetoric?, ( 
Oxford: Westview Press, 1999), p. 29.
4 Thomas Buergenthal et. al.. Op. cit p. 289.
5 Ibid, pp. 31-33.
6 Ibid, p. 34; P. Chandra, International Politics. 4th Ed., (New Delhi: Vikas Publication 
House PVT LTD. 1998), p. 207.
7 Maurice Cranston, What are Human Rights. (London: The Bodley Head, 1973), pp. 52- 
53; Thomas Buergenthal et. al., Op. cit. p. 34.
* Maurice Cranston, Op. cit pp. 52-53.
9 Louis Henkin, Op. cit p. 12.
10 Thomas Buergenthal et. al., Op. cit. p. 35.
11 Longman Dictionary of Contemporary English, New Ed., (Longman Group, 1995).
12 Thomas Buergenthal et, al., Op. cit pp. 39-42.
13 Louis Henkin, Op. cit. p. 12.
14 Ibid, p. 11.
15 Thomas Buergenthal et. al„ Op. cit. p. 35; Louis Henkin, Op. cit. p. 13.
16 Ibid, pp. 64-65.
17 Report of The Committee on Economic, Social and Cultural Rights (Twenty-First 
Session 1999), General Comment No. 13, Implementation of the International Covenant
66
on Economic, Social and Cultural Rights, Right to Education (Art. 13 of The Covenant), 
Document E/C. 12/1999/10, 08/12/1999,( para 2).
18 Ibid, (para 9).
19 Report of The Committee on Economic, Social and Cultural Rights (Fifth Session 
1990), General Comment No. 3,The Nature of States Parties Obligations (Art. 2, para, 
lof the Covenant), 14/12/90, (paras 1-2).
20 Thomas Buergenthal et. al.. Op. cit. p. 35; Louis Henkin, Op. cit. pp. 92-93.
21 Office of The United Nations High Commissioner For Human Rights, Legislative 
History of The Convention on The Rights of The Child, Volume 1, (New York: United 
Nations. 2007), p. iii.
22 Longman Dictionary of Contemporary English, New Ed., (Longman Group, 1995).
23 Thomas Buergenthal et. al., Op. cit. p. 282.
24 Ibid.
25 Office of The United Nations High Commissioner For Human Rights, Legislative 
History of The Convention on The Rights of The Child, Volume 1, (New York: United 
Nations, 2007). p. xiii.
26 Republic of Ghana. Preamble, The Children’s Act, 1998.
67
CHAPTER THREE
PROFILE OF AKUAPEM SOUTH MUNICIPALITY AND THE IMPLEMENTATION 
OF PROGRAMMES TO PROMOTE THE CHILD’S RIGHT TO EDUCATION.
3.0 INTRODUCTION
In an attempt to promote the right of the child to education, the government of Ghana 
has pursued various measures in consonance with provisions of both international and 
domestic legal instruments. These measures have been implemented in Akuapem South 
Municipality (where the study is located). This chapter looks at the programmes and 
strategies initiated by the government and their implementation in Akuapem South 
Municipality. The chapter is therefore divided into two parts. The first part looks at the 
profile of the municipality. These include the geographical, economic and the socio­
cultural aspect of the area. The second part examines the various programmes and 
strategies that have been initiated and implemented by the government of Ghana to 
promote the child’s right to education in the municipality. These include the Capitation 
(School Fees Abolition), the Ghana School Feeding Programme (GSFP) and the Early 
Childhood Education (Pre-School Education).
3.1 PROFILE OF AKUAPEM SOUTH MUNICIPALITY.
3.1.1 LEGAL BASIS
One of the most important innovations taken to better the socio-economic and
political situation of Ghana was the decentralisation policy which created the District
Assembly as the grassroots decision-making authority. The District Assembly concept
68
was created in 1988 by the PNDC Law 207, and consolidated by the 1992 Constitution of 
Ghana (Chapter 20) and the Local Government Act 1993 (Act 462). However, Akuapem 
South District Assembly was established by Legislative Instrument (LI) 1487, 19891, to 
manage the district. It is one of the twenty-one (21) districts in the Eastern Region. 
Akuapem South became a municipality in 2007.
3.1.2 LOCATION AND SIZE.
Akuapem South Municipality lies at the south-eastern part of the Eastern Region, 
covering a land area of about 503 square kilometres. It lies between latitude 5.45’ and 
5.58’ North of the equator and longitude 0.07’ and 0.27’ West of the Greenwich 
Meridian. It is approximately 37km from Accra2. In terms of special interaction, it is 
bordered to the south by Ga West and Ga East Municipalities both in the Greater Accra 
Region, to the north-east by Akuapem North District, to the north-west by Suhum- 
Kraboa-Coaltar Municipality and to the west by West Akim Municipality. In terms of 
distance, the municipality is nearer to Accra than the capital of the Eastern Region, 
Koforidua. The proximity of the municipality to Accra - Tema conurbation is a potential 
for development. The municipal capital, Nsawam, is a gap town3 along the Accra - 
Kumasi highway. There is a conurbation between Nsawam and Adoagyiri (the second 
largest settlement in the municipality).
3.1.3 RELIEF AND DRAINAGE
Topographically, the municipality comprises the Densu Plain, the Pompon Narrows 
and the Akuapem-Togo Ranges4, which rises over 1000ft above sea-level at Aburi.5 The
69
Densu River, which is about 115.8 kilometres and takes its source from the Atiwa 
Mountains near Kibi6 with its tributaries such as the Ntuo, Pompon, Ahumfra and 
Dobro,7 drains the municipality. It drains into the sea through Weija in the Greater Accra 
Region. The Weija Dam which supplies potable water to parts of the Central Region 
(Kasoa) and western part of Accra for both domestic and commercial use is therefore on 
the Densu River. The Densu River also separates Nsawam from Adoagyiri.
3.1.4 VEGETATION AND CLIMATE
The municipality is covered by two main vegetation types, the moist semi-deciduous 
forest covering about 90% of the municipality and coastal savannah grassland which 
covers only 10%. The Weather condition in the municipality is generally cool because of 
the many trees that can be found in the area. In addition, the Akuapem-Togo Ranges on 
the east of the municipality adds to the coolness. The municipality enjoys a double 
maxima rainfall with an average annual recording of between 125 centimetres and 200 
centimetres. The first rainy season is from May to June and the second in September and 
October. The temperature of the municipality ranges between 26’C the lowest and 30’C 
the highest8.
3.1.5 GEOLOGY AND SOILS
The geology of the municipality is mainly sedimentary rocks forming the Akuapem- 
Togo Ranges. This metamorphoses into quartzite’s, schist, shale and philate. This 
therefore supports quarrying activities at the foot of the ridge, supplying stones for 
construction in the municipality as well as Accra. There are five main types of soils.
70
These are Adawso-Bawjiase-Ofm Compound Association, which supports the cultivation 
of maize, cassava, yam and pineapple; Ayensu-Chichiwere Association, which is good 
for the production of rice, vegetables and sugar-cane; Fete and Nyanoa-Opimo 
Association, which is suitable for forestry; Yaya Pimpinsu-Befua Association, used for 
the cultivation of rice, sugar-cane, coffee, vegetables, cassava, maize, banana, ginger, 
shallots and oil palm; and Dewasi Wayo Association9.
3.1.6 DEMOGRAPHY
Going by the 2000 census, Akuapem South Municipality had a population of 116,344 
representing 5.5% of the total population of the Eastern Region, but 2006 estimate placed 
the population of the area at 124,809 with a population growth rate estimated at 1.8%. 
The high population density can be attributed to the commercial nature of Nsawam and 
Adoagyiri. The urban-rural split is 1:1.2, indicating that for every ten (10) people in the 
urban areas, there are twelve (12) people in the rural areas. In percentage terms, about 
45.5% of the population is in the urban settlements while 54.5% in the rural settlements.10 
Most of these rural settlements are devoid of basic social facilities and services. With 
regard to gender split, the sex ratio for the municipality is 9.71:1, indicating that, for 
every nine-hundred and seventy-one (971) males there are one-thousand females".
3.1.7 ETHNICITY AND RELIGION
Though the municipality is predominantly an Akan one. migration has resulted in 
heterogeneity in the population. The population of the municipality therefore consists of 
the following ethnic groups including Akans, Ewes, Ga-Adamgbes and other tribes. In
71
regard to religion, the population is dominated by Christians. Islamic and traditional 
religions are also present. The tables below show the concentration of the various ethnic 
groups and religions in the population of the municipality.
Table 3.1
DISRT1BUTION OF ETHNIC GROUPS IN AKUAPEM SOUTH MUNICIPALITY
Ethnic Group Percentage (%)
Akan 80
Akuapem 63
Other than Akuapem 17
Ewe 9
Ga-Adamgbe 7
Others 4
Total 100
Source: Medium-Term District Development Plan For Akuapem South Municipality 
(2006-2009), September, 2006.
Table 3.2
DISRTIBUTION OF RELIGIONS IN AKUAPEM SOUTH MUNICIPALITY
Religion Male % Female % Both Sexes %
Christianity 81.4 85.9 83.6
72
Islam 5.9 4.8 5.3
Traditional Religion 2.7 2.1 2.4
No Religion 9.3 6.5 7.8
Other 0.7 0.8 0.8
Source: Population and Housing Census Report, 2000
3.1.8 HUMAN SETTLEMENT
There are a number of settlements in the municipality. Nsawam is the only first order 
settlement while Adoagyiri and Aburi can be classified as second order settlements. The 
table below shows the population of twenty (20) major settlements in the municipality.
Table 3.3
MAJOR SETTLEMENTS OF THE MUNICIPALITY AND THEIR AVAILABLE
FACILITIES.
NO SETTLEMENT POPULATION FACILITIES AVAILABLE
1 Nsawam 29,986 post office. communication 
services, hospital, clinics (both 
public and private), basic and 
second cycle schools(both public 
and private), police station, banks, 
hotels/guest houses, pipe borne
73
water,
2 Adoagyiri 13,058 Post office, hospital(private), 
clinics, basic and second cycle 
schools, communication services, 
bank, pipe bome water
3 Aburi 10,071 Post office, clinic, communication 
services, basic and second cycle 
and tertiary institutions, police 
station, bank
4 Pakro 2,580 Basic and second cycle schools 
(public and private), health centre
5 Pokrom 2181 Basic school, health centre
6 Fotobi 2008 Basic schools(public and private), 
radio station, communication 
service
7 Kitase 1804 Basic school(public and private), 
clinic,
8 Ankwa Dobro 1632 Basic school(public and private)
9 Sakyikrom 1509 Basic school, communication 
service
10 Ahwerase (Aburi) 1446 Basic school, communication 
services
74
11 Berekuso 1391 Basic school, CHPS
12 Adamorobe 1356 Basic school
13 Konkonuru 1167 Basic school
14 Nsakye 1160 Basic school
15 Owuraku 1010 Basic school
16 Amanfro 957 Basic school
17 Ntoaso 936 Basic school
18 Darmang 933 Basic school
19 Anoff 902 Basic school
20 Ahwerease 865
Source: 2000 Population and Housing Census; Field Work.
According to the Ghana Statistical Service, the rural urban classification of localities 
is based on population. A population size of five thousand and over is urban and a 
population size of less than five thousand is classified as rural.12 Going by this definition, 
then, the above table indicates that Nsawam, Adoagyiri and Aburi could be classified as 
urban areas. The rest of the settlements are rural. This therefore means that there are more 
rural areas in the municipality than urban. These rural communities depend on the urban 
ones for some of the best services. Interestingly, the pattern of human settlement is to a 
great extent influenced by the road network. The three urban centres are along two major 
highways. Nsawam and Adoagyiri are located on the Accra-Kumasi highway while 
Aburi is on the Accra-Mamfe-Koforidua highway. Most of the rural settlements are 
dotted along the arterials to Nsawam.
75
The municipality is privileged to have its capital on the main Accra-Kumasi 
highway. Though Vodafone, MTN, Kasapa, Tigo and Zain are accessible in the 
municipality especially in the urban areas, most of the networks are not easily accessible 
in most of the rural communities. The quality of reception leaves a lot to be desired. 
Apart from telephone services, the municipality can boast of an uncountable number of 
internet cafes sited in the three urban centres and an FM Station (FAWE FM) at Fotobi.
The municipality plays an important role in relation to the security of the state. At the 
mention of Nsawam the one security infrastructure that comes to mind is the Nsawam 
Prison. The only Medium Security Prison in the country is located in the municipality. 
Akuapem South Municipality therefore confines more of the state’s criminals so that the 
law-abiding population can enjoy some peace and go about their duties freely to bring 
about national development.
3.1.9 ROAD NETWORK
There are various roads linking the communities to Nsawam. There is the Nsawam-
Aburi corridor, Nsawam-Pakro/Dago corridor, Nsawam-Adeiso corridor with a branch
to Saykikrom and Akraman and others. The Accra-Kumasi highway through the
municipality stretching from Ankwa Dobro to Oblegima is a first class road. Another first
class road is the Accra-Mamfe-Koforidua road on the outskirts of Aburi. The Nsawam-
Aburi corridor is tarred to Amanfro. The Nsawam-Pakro road with its branch to Dago
and other feeder roads in the municipality are now under construction by Big Aidoo
Construction Ltd. These projects fall under the Millennium Challenge Account
Programme The construction started in October, 2009 and expected to be completed by
76
August, 2011. The roads in the three urban areas are not the best. Adoagyiri and Aburi 
have most of their roads tarred but they are not without flaws. Nsawam being the 
municipal capital, one would have expected better roads than those in the other two areas. 
However, the direct opposite is observed. Most of the roads are untarred. According to 
the 2003 Annual Report of the GPRS, roads do have impact on poverty and poor regions 
tend to have poor roads13. Going by this statement and with the nature of the roads in the 
municipality, then Akuapem South Municipality is poor. The municipality however has 
great potential for development due to its proximity Accra-Tema conurbation and the 
presence of interesting tourist attraction sites.
3.1.10 OCCUPATIONAL DISTRIBUTION
The labour force is dominated by the agricultural sector. Some of the population 
engage in commercial and industrial activities. Service provision is an occupation that is 
gaining grounds gradually. Some of the industries include the Nsawam Cannery Limited 
and Blue Skies Company Limited, a free zone enterprise which specializes in the export 
of chopped fresh fruits is another industry.14
Agriculture is the major economic activity. Farmers engage in both animal farming 
and crop production. Though subsistence farming is the commonly practised system, 
some major commercial fanners exist. They include Koranco Farms, Combine Farms, 
Greentex, Green Span, Astek, Buella & Rose Farms, and Baamat.15 Commerce takes the 
form of sales of various items. However, the most notable commercial activity in the 
municipality is the bakery (bread) business located at Nsawam and Adoagyiri. This is due 
to the location of these towns on the Accra-Kumasi road. This trade is however under
77
threat with the construction of the dual-carriage Accra-Kumasi road away from Nsawam 
and Adoagyiri. The socio-economic survey rated the various occupations as follows.
Table 3.4
SECTORAL DISTRIBUTION OF OCCUPATION AS AT 2002
Sector Percentage (%)
Agriculture 37
Commerce 28
Service 20
Industry 15
Total 100
Source: Socio-economic Survey (2002) 
3.1.11 TOURIST ATTRACTION
The municipality can boast of a number of tourist attraction sites. Notable among 
them is the Aburi Botanical Gardens which was established in 189016. This Gardens 
harbour rare plants which are of aesthetic and scientific importance. The Akuapem Ridge 
which forms part of the Akuapem-Togo Range itself is a sight to behold. The Odwira 
festival celebrated in October attracts a lot of people to Aburi both Ghanaians and 
foreigners.
There are also some natural formations in the municipality which when developed 
could help the areas to develop. There are two waterfalls in the municipality, one at
78
Mensaman near Nsawam and Baode at Nsakye. There is also “Oboguanteng”, a natural 
rock formation designed in the form of a sheep. It is believed to be the ancestral home of 
the people of Aburi. The “Adade Yaw So” Cave is another. It is a cave which could 
shelter about hundred people at a time. The “Oboadakaso” Grove is another natural 
formation. It is a four naturally arranged coffin-shaped rock lying on one another. A 
natural bridge can also be found in the municipality at Pepawani. This bridge is used by 
both humans and vehicle. The municipality also boasts of the a shrine at Berekuso where 
the parents of Nana Osei Tutu, the founder of the Ashanti Kingdom, sought the blessings 
of the gods before giving birth to the king.17
3.1.12 GOVERNMENT AGENCIES
The municipality also enjoys the services of a number of agencies. These include the 
Judicial Service, Ghana Police Service, Ghana National Fire Service, Ghana Postal 
Service, Ghana Telecom Company, Ghana Water Company, Prisons Service, Electoral 
Commission, Non-formal Education Division, National Commission on Civic Education 
(NCCE), Land Valuation Board, Stool Lands, Centre for National Culture. Commission 
on Human Rights and Administrative Justice (CHRAJ), Audit Service, National Youth 
Council18 Electricity Company of Ghana (ECG), and Internal Revenue Service.
3.1.13 TOWN AND AREA COUNCILS
Administratively and for the purpose development, the municipality is divided into 
seven (7) Area Councils, and one-hundred and twenty-nine (129) Unit Committees. The 
area councils include Nsawam Urban Council, Adoagyiri Urban Council, Nkyenenkyene
79
Area Council, Obodan/Fotobi Area Council, Aburi Urban Council, Dago/Anamenampa 
Area Council, and Pakro-Adjinase Area Council.19
3.1.14 HUMAN RESOURCE DEVELOPMENT
a) Health Care
The municipality is endowed with a number of health institutions of various levels. 
The only municipal hospital is located at Nsawam. There are a number of other health 
facilities including Clinics, Health Centres, Reproductive and Child Health (RCH) 
Centres and Community Based Health Planning Services (CHPS). The private sector is 
also active in the delivery of health service. There are four private health institutions: one 
maternity home, one hospital and two clinics. The table below shows the categories of the 
health institutions in the municipality.
Table 3.5
CATEGORIES OF HEALTH INSTITUTIONS AND THEIR LOCATIONS IN THE
MUNICIPALITY
Type of Facility Number Location
Municipal Hospital 1 Nsawam
Private Hospital 2 Adoagyiri, Nsawam
Clinic 3 Aburi, Adoagyiri, Nsawam.
Health Centre 2 Pokrom/Nsaba, Pakro
RCH Centres 5 Aburi, Adoagyiri, Djankrom. Kitase, Nsawam,
CHPS Centres 6 Berekuso, Chinto, Duayeden, Oblegima. Oboadaka. 
Obotweri,
80
Orthopaedic Centres 1 Adoagyiri
Private Maternity Home 1 Nsawam
Total 22
Source: Ghana Health Service, Nsawam.
b) Education
Unlocking the potentials of the municipality, the human resource needs to be developed 
to make optimum use of the natural resources. This development can be possible through 
education - the bedrock of tackling the problem of poverty both financial and of ideas. 
The municipality is therefore blessed with a number of educational institutions ranging 
from kindergarten to tertiary (both public and private) for this purpose. The table below 
shows the number of schools in the municipality.
Table 3.6
NUMBER OF EDUCATIONAL FACILITIES IN AKUAPEM SOUTH
MUNICIPALITY
Type of School Public Private Total
Kindergarten 73 24 97
Primary 84 24 108
Junior High 56 16 72
Senior High 5 3 8
Vocational/Business Institution • 3 3
81
Special School 1 - 1
Tertiary Institution(T.T. Col) 1 - 1
Total 220 70 290
Source: GES. Nsawam.
From the table 3.6. there are two-hundred and thirteen (213) public basic schools. The 
total enrolment in these schools according to the summary of enrolment for 2009/2010 
academic year is 32.235.20 This indicates that the government, through the Municipal 
Assembly is the major provider of basic education service. Out of this number, seventy- 
six (76), all in rural areas have been classified as deprived schools.21 The private sector 
though provides only about a quarter of the service in the municipality, its contribution is 
massive. It has monopolised the provision of specialized vocational/business education. 
In terms of quality in the area of basic education, the private sector is overwhelming. At 
least seventy (70) percent of the private J.H.S. registered for the B.E.C.E. obtains a high 
percentage passes" which is indicative of the provision of quality education compared to 
the public schools. The table below gives a summary of the performance of private and 
public basic schools at the B.E.C.E.
82
Table 3.7
B.E.C.E. PERFORMANCE OF PRIVATE AND PUBLIC BASIC SCHOOLS IN 
AKUAPEM SOUTH MUNICIPALITY.
Private Public
Year 2007 2008 2009 2007 2008 2009
Total Number of Schools Registered 10 11 15 48 49 51
Least Percentage (%) Pass Obtained 72.3 75.0 56.0 50.0 52.2 57.1
Number of Schools Passed 7 9 13 22 26 25
Percentage (%) of school 70.0 81.8 86.7 45.8 53.1 49.0
Number of Schools Obtaining Less Than 
50%
3 2 2 26 23 26
Percentage (%) of Schools 30.0 18.2 13.3 54.2 46.9 51.0
Source: GES-Nsawam, B.E.C.E. Results Analysis, 2007, 2008 and 2009.
Even though the least percentage pass obtained by the public sector in 2009 was
higher than that of the private sector, one major problem faced by the public sector at the
basic level is the delivery of quality education especially in the rural areas. More of the
public schools obtain less than fifty percent (50%) pass in the B.E.C.E. It is in view of
such problem that the government of Ghana has initiated and implemented various
programmes to promote the right to quality education.
83
3.2 THE IMPLEMENTATION OF PROGRAMMES TO PROMOTE THE RIGHT OF
THE CHILD TO EDUCATION.
Ghana has ratified the CRC, and promised to place children’s needs at the forefront of
development.23 The government has therefore pursued various measures to show its
commitment towards the education of the child. This commitment is captured in several
policy frameworks, programmes and strategies, and reports. These initiatives are as
follows: Education For All (EFA, UNESCO, Dakar, 2000); Ghana Poverty Reduction
Strategy 2002-2004 (GPRS I, February 2002); Education Sector Policy Review Report
(ESPRR. August 2002); Education Sector Review (ESR, October 2002); The Report of
the President's Commission on Review of Education Reforms in Ghana, ERRC, October
2002); Government’s White Paper on the Report (2004); and The Education Strategic
Plan (ESP), 2003-2015. The ESP is informed by many documents and policy
frameworks, including the Education for All (EFA) goals, the Millennium Development
Goals and the Ghana Poverty Reduction Strategy. The ESP is based on four focal areas
namely: (i) equitable access to education, (ii) quality of education, (iii) educational
management, and (iv) science, technology and technical and vocational education.
Though the ESP is the document that will guide the action plan for educational
development in the first two decades of the twenty-first century,24 it designates basic
education as a sector priority and therefore various measures and decisions have been
taken by the Government to accelerate its efforts in achieving MDG 2 by 2015. Some of
the measures taken include the institution of the capitation grant to all public basic
schools, inclusion of pre-school education (4 to 5 years old) as part of compulsory basic
education, the introduction of the GSFP, special programmes to bridge the gender gap in
84
access to education and targeted programmes to improve access in underserved areas. 
By these programmes, the Government of Ghana is committed not only to achieving 
universal access to basic education, but also to improving the quality of education 
services offered.
3.2.1 CAPITATION GRANT (SCHOOL FEES ABOLITION)
One of the main reasons why most children did not attend school was that their 
parents could not afford to pay the levies charged by the schools. The government of 
Ghana introduced the capitation grant to create access to education for more children. 
However, before the introduction of the capitation grant, the FCUBE programme was in 
place. With support from the World Bank Primary School Development Project (PSDP)26 
and other international donors it was introduced in 1996 27 for a period of ten years 
(1996-2005) in fulfilment of the constitutional provision (Article 38). The main objective 
was to expand access to the quantity and quality basic education which will provide the 
essential building blocks to continue to higher levels of education or good foundation 
upon which work-related skills are developed for those who do not continue to higher 
education. Despite the policy of fee-free tuition in basic schools, many districts charged 
levies as a means of raising funds, for example, for school repairs, cultural and sporting 
activities and therefore had the effect of deterring many families, particularly the poorest, 
from sending their children, especially girls, to school28. This denied the child his/her 
right to education. To forestall this situation, the government introduced the capitation 
grant. This programme, with World Bank support, was first piloted in Ghana’s forty (40) 
most deprived districts in 200429 and later extended to fifty-three (53) districts.30 Tins 
success led to the nationwide adoption in early 2005. Under this programme, all user-fees
85
and charges which have become a barrier to the right to education to many poor families 
and communities are abolished. It involves school fees abolition, and the abolition of 
internally generated funds (IGF) by the schools.31 In addition, an amount of money is 
given to each child enrolled. Under this system, every public kindergarten, primary 
school and junior secondary school received a grant of about $3.30 (30,000 Cedis) per 
pupil per year and these schools are not permitted to charge any fees to parents.32 The 
grant has now been increased to GH04.5O per child.33
As a result of the nationwide adoption, Akuapem South Municipality also falls under 
the programme. The grants are released to the schools in three bits (tranches) 
corresponding to the three terms of the academic year. The first, second and third 
tranches are released in the first, second and third terms respectively. This indicates that a 
third (tranche) of each school’s grant is to be released in each term. This is however not 
the case. The grants are not released on time. In an interview with Madam Monica 
Thompson, the Head of Pakro Anglican Basic School, it came to light that the first 
tranche for 2008/2009 academic year which was to be released between September and 
December, 2008, was released in the first term of 2009/2010 academic year. Accessing 
the grants by the schools in the municipality therefore becomes a problem. Apart from 
that, not all the grants transferred to the municipality gets to the schools. According to the 
Municipal Education Office34, what actually gets to the schools is seventy percent (70%) 
of schools portion for the three terms and a third of the 70% is released as a tranche for a 
term. Thirty percent (30%) of the each schools portion for the year is retained by the 
Education Office for the organisation of sports and cultural activities. Another issue
86
worth mentioning is that. Heads of basic schools who want their SPIP approved early 
must extend a hand of gratitude to the approving officer at the Education Office.
Despite the flaws in the implementation of the programme in the municipality, its 
introduction has seen an improvement in enrolment in the public basic schools within the 
municipality. The table below provides the attestation.
Table 3.8
EFFECT OF CAPITATION GRANT ON ENROLMENT IN AKUAPEM SOUTH
MUNICIPALITY
Year Enrolment Number Increase Percentage (%) Increase
Before 2005 24.083 - -
2005 25,212 1,129 4.7
2006/2007 28,656 3,444 13.7
2008/2009 32,145 3,489 12.2
2009/2010 32,235 90 0.3
Source: Ghana Education Service, Nsawam.
3.2.2 GHANA SCHOOL FEEDING PROGRAMME (GSFP).
One important piece of evidence from research in Ghana is that malnutrition and 
stunted growth are correlated with delayed enrolment in school. Health factors are 
important determinants of whether and when a child goes to school, their functioning in 
school, and how long they are expected to stay in school.35 Even when they go to school, 
with hunger, they are not able to concentrate on school work. In addition, the need for 
food results in absenteeism. This scenario is true of most rural areas in Ghana and
87
therefore one of the reasons why the government introduced the GSFP. GSFP, as a pro­
poor initiative, began in 2005 on a pilot basis with ten (10) schools drawn from each 
region of Ghana. The programme expanded rapidly and by March 2007, it had grown to 
cover 975 schools and benefited about 408, 989 pupils daily36 exceeding the planned 
scale of operation for 2007. It is expected that by 2010, the programme will benefit over 
one (1) million pupils37. The tables below show the planned scale of operation and the 
number of schools and pupils benefiting from the programme.
Table 3.9
PLANNED SCALE OF OPERATION
Year No. Of Schools No. Of Pupils
2007 899 320,000
2008 1,556 560,000
2009 2,222 800,000
2010 2,889 1,040,000
Source: Presentation on GSF P by Michael Nsowah, 22na July, 2008.
Table 3.10
NUMBER OF SCHOOLS AND PUPILS BENEFITING FROM THE GSFP
Year No. of Schools No. of Pupils
2005 10
August, 2006 200 69,000
December, 2006 598 234,800
March, 2007 975 408,989
88
December, 2008 1698 596,501
Source: Ghana School Feeding Programme, Annual Operating Plan 2009.
Before the introduction of the GSFP, feeding has been used by international and 
religious organizations such as World Food Programme (WFP), Christian Relief Services 
(CRS). World Vision International (WVI) and Adventist Development and Relief 
Agency (ADRA) to attract parents to send their children to school. But these bodies 
targeted selected parts of the country.38 GSFP, built on the initiatives of the international 
institutions, emphasising three (3) dimensions in school feeding - agriculture, 
health/nutrition and education. The basic concept of the programme therefore is to 
provide children in public primary schools and kindergartens in the poorest areas of the 
country with one hot, nutritious meal per day, using locally-grown foodstuffs on every 
school going day. There are three components to this programme. These are: (i) 
providing the school children in the poorest areas with one hot, adequate and nutritious 
meal per day, using locally-grown foodstuffs; (ii) to provide the beneficiary schools with 
poly tanks and other sanitation facilities so that they can have access to safe drinking 
water, and (iii) school children are to be de-wormed occasionally to rid them of worm 
infestation. It seeks to enhance food security, reduce hunger39 and promote the right to 
basic education, in line with the UN Millennium Development Goals (MDGs) on the 
eradication of extreme poverty and hunger and malnutrition, and achievement of primary 
education. Its main and immediate objectives are: (i) to contribute to the reduction of 
hunger and malnutrition, (ii) boosting domestic food production, and (iii) increasing 
school enrolment, attendance and retention in deprived communities in the country.'10 The
long term goal, however, is to contribute to poverty reduction and food security in Ghana. 
The strategy will focus the spending on local foodstuffs which will provide ready market 
for farm output, leading to wealth creation at the rural household and community level.41 
The creation of wealth will in turn empower parents to provide the necessaries of 
education for their wards.
The following institutions play important roles in the programme. GSFP National 
Secretariat with responsibility for overall implementation of the programme. Ministry of 
Local Government. Rural Development and Environment has oversight responsibility for 
the programme. The Technical Ministries for the programme are the Ministry of Food 
and Agriculture; Ministry of Health; and Ministry of Education, Science & Sports. 
Ministry of Finance and Economic Planning; Ministry of Women and Children’s Affairs; 
and the Ministry of Fisheries collaborate in the implementation of the programme. 
Strategic and technical partners and external support agencies include the WFP, CRS, 
SNV Netherlands Development Organisation, ADRA, WVI, UNICEF, Plan 
Intemational-Ghana, AgroEco - Organic farming, and School Feeding Initiative Ghana- 
Netherlands (SIGN). These partners collaborate and support various aspects of the 
programme more especially, from their experience in school feeding.42 Most of them 
have entered into a memorandum of understanding (MOU) with GSFP.43
While some aspects of the programme such as the provision of meals and poly tank 
are implemented, other aspects of the programme such as de-womiing of school children 
has not been done44 on regular basis. In spite of the shortcomings, primary school 
enrolment has generally increased45.
90
As a pilot programme, not all primary and kindergarten schools in the Akuapem 
South Municipality are beneficiaries. Presently only seven (7) schools benefit from the 
programme, five of which are in the urban centres of Nsawam and Adoagyiri. The 
selection of the schools did not consider circuit balance. The schools were selected from 
four (4) circuits out of a total number of seven (7). In addition, only two of the schools 
(Darmang and Ahwerase) can be said to be located in rural areas. The rest, located in 
Nsawam and Adoagyiri cannot be classified as less endowed schools. In this situation, 
the implementation of the programme in the municipality defeats the philosophy behind 
the introduction of the programme. That is, a pro-poor initiative to provide children in 
public primary schools and kindergartens in the poorest areas of the country with one hot, 
nutritious meal per day, using locally-grown foodstuffs on every school going day in 
order to increase school enrolment, attendance and retention, in deprived communities in 
the country. The table below shows the schools that are benefiting from the programme.
Table 3.11
LIST OF SCHOOLS BENEFITING FROM GSFP IN AKUAPEM SOUTH
MUNICIPALITY
Name of School Circuit Year Introduced
Darmang Presby Primary ‘A’ and ‘B’ Adoagyiri 2005
Ahwerase Presby Primary Aburi 2005
Adoagyiri R.C. Cluster of Schools Adoagyiri 2006
Nana Osac Djan Primary Djankrom 2006
91
Nsawam Methodist Cluster of Schools Djankrom 2007
Nsawam Presby Primary Nsawam Central 2009
Father Wieggers R.C. Primary School Nsawam Central 2009
Source: Fieldwork
These schools, according to their headteachers, have witnessed improvement in 
enrolment. On the effect of the programme on quality education, they explained that, the 
programme has increased attendance and reduced excuses from pupils to go and eat at 
home where some may return late or never return. In addition, the pupils are attentive in 
class as they do not have to think of what to eat as they are in class and so able to grasp 
what is taught with ease. One major problem that was observed was that the period for 
feeding the children eats into teaching and learning period. To overcome this challenge 
all the beneficiary schools close after the usual GES time of between 1:30 pm and 2:00 
pm. The extra time is however, not for free.
3.2.3 EARLY CHILDHOOD EDUCATION (PRE-SCHOOL EDUCATION)
According to Abgenyega46, existing literature indicate that, better experiences in the
early years are critical to raising educational outcomes in later years of schooling and
equal access to early childhood education leads to poverty reduction, narrowing the
exclusion gap and raising community living standards. It is therefore a laudable idea for
the introduction of this progamme. ECE in Ghana can be traced to colonial period in
1843 when the Basel Missionaries introduced day-care centres'*7. Before the present
programme, the management of pre-school education was the preserve of the priv ate
sector with only a few under the control of the government. Even then it was not part of
the formal school structure. In 2002 therefore, two year kindergarten for children aged 4
92
and 5 years was recommended by the President’s Committee on Review of Education 
Reforms'18 and became part of the mainstream educational system when the government 
issued a White Paper on the Reform in 2004. Implementation, however, started in 2007 
and this therefore extended the formal basic education to eleven (11) years.49 According 
to Abgenyega. the present early childhood development policy in Ghana was driven by 
certain critical and pervading issues. These include the following: the poor situations of 
90% of children (0-6 years) especially from deprived areas who are deprived of early 
childhood services: commitment to both international conventions and treaties Ghana has 
ratified (such as the CRC) and domestic obligation (as stipulated in the 1992 
Constitution) to protect and promote the rights of the child; a strategy for poverty 
reduction; and. streamlining the fragmented activities of all early childhood service 
providers.'0 The main argument for including 2 years of kindergarten is to improve 
chances of children enrolling in primary education.51 This will ensure that these children 
enjoy a high quality basic education, one of the key objectives of the White Paper on 
Education Reform.52 Under this programme, the state provides a fee-free tuition in pre­
schools and therefore has the responsibility of providing kindergarten classrooms for all 
primary schools to ensure increase in accessibility.
Like the Capitation Grant, this programme is implemented in all the public primary 
schools in the municipality since pre-school has become part of the main stream formal 
education. The pupils therefore enjoy the capitation grants and teachers and/or attendants 
are posted or recruited by the Municipal Education Office. The Municipal Assembly, in 
showing commitment has built a number of modem kindergartens in communities like
93
Obosono, and Ahyiresu. This progamme like the others mentioned above has led to 
increase in enrolment at the kg level. Find the figures in the table below.
Table 3.12
EFFECT OF THE EARLY CHILDHOOD EDUCATION PROGRAMME ON 
ENROLMENT IN AKUAPEM SOUTH MUNICIPALITY
Year Enrolment Number Increase Percentage (%) Increase
2005 4545 -
2006/2007 5.142 597 13.1
2008/2009 6.533 1,391 27.1
2009/2010 6.394 -139 0
Source: Ghana Education Service, Nsawam.
Though there was a reduction in enrolment for the 2009/2010 academic year, the 
success of the programme was witnessed in the previous year.
3.3 CONCLUSION
The state, as a major stake holder in education, committed to the right of the child to
education in Akuapem South Municipality has put in place interventions in accordance
with Article 26(1) of the UDHR, Article 13(2a) of the ICESCR. Article 28(la, le) of the
CRC, Article 11 (3a, 3b, 3c) of the ACRWC, and Article 25(1 a) of 1992 Constitution of
Ghana for the purpose of promoting this right. Coupled with more than enough teachers.
these measures have undoubtedly increased access to education. The problem however, is
with the quality especially in the rural areas. By adhering to the provisions in the legal
documents, the state has performed its legal duty. But are these interventions enough to
bring about the desired quality in rural areas? What other issues fight against this aspect
94
of right to education (quality)? Is the state the only key stakeholder? If no, who are they? 
Have they also performed their legal duties to the extent that will bring about the desired 
quality? The next chapter analyses the data collected to find out if these stake-holders 
have performed their legal duties to ensure the realisation of the right of the rural child to 
education in public basic school in the Akuapem South Municipality.
NOTES
'Ministry of Local Government, Rural Development and Environment, Medium-Term 
District Development Plan For Akuapem South Municipality 2006-2009, (September,
2006), p. 12.
2 Ibid.
3 Ibid. 13.
4 Ibid.
5 http://www.ghanadistricts.com/districts/?r=4& =66&rlv=topologv (Retrieved, 2nd 
March, 2010).
6 Ibid.
7 Ministry of Local Government, Rural Development and Environment, op. cit. p. 13.
8 Ibid. pp. 13-14.
9 Ibid, 14-15.
10 Ibid, 16.
11 Ibid.
12 Ghana Statistical Service, Population and Housing Census Report, (2000), p. 1.
13 National Development Planning Commission, Ghana Poverty Reduction Strategy. 
2003 Annual Progress Report, (March 2004), p.68.
14 Derrick Boateng, “Akuapem South Municipal Assembly: Setting The Pace in 
Development”, in The Statesman, 06/03/2008.
http://www.thestatesmanonline.com/pages/news detail.php?section= 11 &ne\vsid=5919 
(Retrieved 30°’ May, 2010).
l5Ministry of Local Government, Rural Development and Environment, Op. cit. pp. 22- 
27.
16 Ibid, p. 20.
I7lbid.
l8Ibid, p. 54. 
l9Ibid.
96
20 Ghana Education Service-Nsawam, “Summary of Enrolment For 2009/2010 Academic 
Year".
21 Ghana Education Service-Nsawam, “List of Deprived Schools”, (2009).
22 Ghana Education Service-Nsawam, B.E.C.E. Results Analysis, 2007, 2008 and 2009.
23 Vitus Azeem, “The Budget and Children in Ghana”, A Speech delivered at the Multi- 
Sectoral Meeting on The National Programme of Action for Children (2003 - 2013), p. 1. 
http://www.isodec.org.gli/Papers/children_and_thebudget.PDF (Retrieved 30* May, 
2010).
24 Republic of Ghana, “The Development of Education: National Report of Ghana,” 
Presentation at The Forty-seventh Session of The International Conference on Education 
(ICE), Geneva. (June, 2004), p. 11.
25Madeez Adamu-Issah, Liv Elden, Michael Forson, Tamar Schrofer, Achieving 
Universal Primary Education In Ghana By 2015: A Reality Or Dream. (UNICEF: New 
York, 2007). pp. 1 -2.
26 Kwame Akyeampong, Jarome Djangmah, Abena Oduro, Alhassan Seidu & Frances 
Hunt, Access to Basic Education in Ghana: The Evidence and The Issues, (CREATE:
2007), p. 10.
27 Mikiko Nishimura, Keiichi Ogawa, Daniel N. Sifuna, Joseph Chimombo, Demis 
Kunje, Joseph Ghartey Ampiah, Albert Byamugisha, Nobuhide Sawamura & Shoko 
Yamada, ”A Comparative Analysis of Universal Primary Education Policy in Ghana. 
Kenya, Malawi, and Uganda” in Journal of International Cooperation in Education. 
Vol.12 No.l (CICE Hiroshima University, 2009) p. 146.
28 Madeez Adamu-Issah et. al., Op. cit. p. 3.
29 Ibid, p. 4.
30 Kwame Akyeampong et. al., Op. cit. p. 13.
31 Ibid, pp. 13-14.
32 Madeez Adamu-Issah et. al., Op. cit. p. 4.
33 Ghana National Education Campaign Coalition (GNECC), Statement Delivered At The 
Press Conference On The 2009 Budget Statement Held In Accra On Monday. 16th 
march, 2009.
97
34 Ghana Education Service, Nsawam, Workshop On Capitation Grants Organised For 
Head Teachers And Their Assistants At The Presby Basic School, Nsawam On 
29,hSeptember. 2009.
35 Kwame Akyeampong et. al.. Op. cit. p. 50.
36Govemment of Ghana, Ghana School Feeding Programme, Annual Operating Plan, 
(10th March. 2009). p.ll.
37 Michael Nsowah, Presentation On Ghana School Feeding Programme (GSFP), at the 
Meet -the -Press Series in Accra, 22nd July 2008.
38 Ibid.
39 Ibid.
40 Ministry Of Local Government And Rural Development In Collaboration With GSFP 
Secretariat. Send-Ghana, And IDEG, “Report On A National Policy Dialogue On The 
Ghana School Feeding Programme (GSFP)” Organised On 30th July At Ilgs, Madina 
http://www.ghsfb.com/?page=News&id=35 (Retrieved 30th May, 2010).
41 Ibid, p. 8-9.
42 Ibid, P. 10; Michael Nsowah, Op. cit.
43http:7/www.sign-schoolfeeding.org/default.asDX?guid=6cb20e50-779f-470c-845c- 
ef4c8dee9936&live=true (retrieved, 14lh, January, 2010).
44 Ibid.
45 SEND Foundation-Ghana, “Whose Decision Counts”, Policy Brief No. 1/2008. (SEND 
Foundations Publications-Ghana, 2008), p. 1.
46 Joseph Agbenyega, “Development of Early Years Policy and Practice in Ghana: can 
outcomes be improved for marginalised children?” in Contemporary Issues in Earlv 
Childhood Volume 9 Number 4. (2008), p. 400. www.wwwords.co.uk/CIEC
47 Boakye et. al., as cited in Joseph Agbenyega, Op. cit. p. 41.
48 UNESCO, “Country Profile commissioned for the EFA Global Monitoring Report 
2007, Strong foundations: early childhood care and education”, Ghana: Early Childhood 
Care and Education (ECCE) Programmes, (Geneva: International Bureau of Education 
(1BE), 2006).
98
49 Kwame Akyeampong et. al., Op. cit. p. 11.
50 Joseph Agbenyega. Op. cit. 401.
51 Kwame Akyeampong et. al.. Op. cit. p. 73-74.
52 Robert Darko Osei, Gertrude Adobea Owusu, Freda E. Asem, Robert Lawrence Afutu- 
Kotey. “Effect of Capitation Grant on Education Outcomes in Ghana”, (Institute of 
Statistical Social and Economic Research - ISSER, March, 2009), p. 3.
99
CHAPTER FOUR
STAKE-HOLDERS AND THE PROMOTION OF THE RURAL CHILD’S RIGHT TO 
EDUCATION IN AKUAPEM SOUTH MUNICIPALITY.
4.0 INTRODUCTION
The previous chapter looked at the effort of the state in promoting the rural child’s 
right to education in the Akuapem South Municipality in consonance with both 
international and domestic legal instruments. The state is however not the only key stake­
holder under the obligation of these legal instruments in the promotion of this right. The 
educator and the parent/guardian are obliged in this direction. This chapter analyses the 
views of respondents on whether the key stake-holders have done enough to promote the 
rural child's right to education.
The study was restricted to twenty-one (21) public basic schools in rural areas from 
seven (7) circuits in the municipality. These schools were selected because their 
performance in the BECE is not encouraging indicating that the quality of education in 
these schools is poor. The criterion for the selection of these schools was the trend in the 
BECE results in the past three years. The study gathered data from pupils, 
parents/guardians, teachers and headteachers. One hundred and sixty-eight (168) 
respondents were selected from the various populations using stratified random sampling, 
simple random sampling and purposive sampling. The breakdown is as follows: sixty- 
three (63) pupils; forty-two (42) parents; forty-two (42) teachers; and twenty-one (21) 
headteachers. In each school Three (3) pupils (one each from Lower Primary. Upper
100
Primary and JHS) and two (2) teachers were randomly selected. The headteacher was 
selected because of the position he/she occupies. Two (2) parents/guardians from the 
community in which the school is located were randomly selected. Questionnaires were 
given to selected teachers, headteachers, pupils and parents/guardians. The purpose was 
to collect data will that provide insight into the factors that militate against the rural 
child's right to education in the municipality.
Data collection commenced in March, 2010 and was completed in April, 2010. The 
swiftness in the data collection was due to the fact that two (2) research assistants were 
recruited to help in the interview of the pupils and parents/guardians. Again, preliminary 
visits had been done to some of these schools and so the teachers were familiar with the 
researcher. These teachers therefore responded to the questionnaires instantly.
In spite of this positive response, data collection was not all rosy. While some 
respondents were ready to answer the questions, others were not for fear of being cited. 
In one of the selected schools, the headteacher refused to let us speak to anyone in the 
school even after several explanations so another school was selected to replace it. In 
other instances even though teachers and pupils answered the questionnaires, the 
headteachers could not because they were not present. Return visits were made to get the 
heads to answer the questionnaires. Another problem was the delay in the return of the 
questionnaires. The collection of the questionnaires from some respondents who did not 
answer the questionnaires instantly was a problem as multiple visits had to be made until 
they were met.
101
This chapter presents findings of the study with respect to responses to questionnaires 
by headteachers and teachers, structured interviews with parents and pupils, and data 
collected from observations by the researcher. The chapter is therefore grouped under the 
themes which formed the basis of the questionnaires.
4.1 BIOGRAPHICAL INFORMATION OF RESPONDENTS.
Table 4.1
Distribution of Respondents by Gender
Respondents
Pupils Parents Teachers Headteachers Total (%)
Male (%) 35 (55.6%) 19(45.2%) 19(45.2%) 17(81.0%) 90 (53.6%)
Female (%) 28 (44.4%) 23 (54.8%) 23 (54.8%) 4(19.0%) 78 (46.4%)
Total (%) 63 (100%) 42(100%) 42 (100%) 21 (100%) 168(100%)
Table 4.1 shows the gender distribution of the respondents. Even though there were 
more female respondents for parents and teachers, generally male respondents (53.6%) 
were slightly more than females (46.4%). This situation arose because there were more 
male pupils and headteachers.
Table 4.2a
Distribution of Respondents (Pupils) by Age
Age of pupils in years Count Percentage (%)
6-9 7 11.1
10- 13 25 39.7
102
14-17 24 38.1
18+ 7 11.1
Total 63 100
Table 4.2b
Distribution of Respondents (Others) by Age
Population
Age in years Parents Teachers Headteachers Total
Below 20 1 (2.4%) - - 1 (1.0%)
20-29 7(16.7%) 29 (69.0%) 2 (9.5%) 38 (36.2%)
30-39 16(38.1%) 13 (31.0%) 8(38.1%) 37 (35.2%)
Above 39 18(42.9%) - 11 (52.4%) 29 (27.6%)
Total 42 (100%) 42(100%) 21 (100%) 105(100%)
Table 4.2a shows that 11.1% of pupils who were selected were eighteen (18) years 
and above. Though these were not children, for this study, they were considered as such 
since they were still in the basic school. Table 4.2b also shows that most of the parents 
(57.1%) and all the teachers who responded to the questions were below forty years. This 
is an indication that the rural areas of the municipality have a youthful workforce capable 
of ensuring that the rural child enjoys his/her right to education to the fullest.
103
Table 4.3
Distribution of Respondents by Academic Qualification
Population
Parents Teachers Headteachers
None 7(16.7%) - -
Basic 27 (64.3%) - -
SSSCE/GCE 8 (19.0%) 12(28.6%) 6 (28.6%)
Diploma - 24 (57.1%) 10 (47.6%)
Degree - 6 (14.3%) 5 (23.8%)
Total 42(100%) 42(100%) 21 (100%)
Apart from pupils, the educational background of the other respondents was inquired. 
The response in table 4.3 shows that though majority (71.4%) of the teachers and 
headteachers had higher academic qualification, there was a substantial number of them 
with secondary qualification. For parents/guardians, majority (64.3%) ended at the basic 
level.
Table 4.4
Distribution of Respondents by Professional Qualification
Population
Teachers Headteachers Total
Professional 29 (69.0%) 21 (100%) 50 (79.4%)
Non-professional 13(31.0%) 13 (20.6%)
Total 42(100%) 21 (100%) 63 (100%)
104
The responses in table 4.4 show that as much as 79.4% of the teachers and 
headteachers who responded to the questionnaires were professional teachers.
Table 4.5
Distribution of Respondents by Religion
Population
Pupils Parents Total
Christianity 53 (84.1%) 39 (92.9%) 92 (87.6%)
Islam 7(11.1%) 3 (7.1%) 10(9.5%)
Other religions 3 (4.8%) - 3 (2.9%)
Total 63 (100%) 42(100%) 105 (100%)
Table 4.5 shows that majority of the pupils and parents/guardians who answered the 
questions indicated that Christianity was the major religion in the municipality.
Table 4.6
Distribution of Respondents (Parents/Guardians) by Occupation
Occupation of parents Count Percentage (%)
Fanning 20 47.6
Trading 18 42.9
Others 4 9.5
Total 42 100
Table 4.6 shows the occupational distribution of parents/guardians who responded to the
questionnaires. Majority (47.6%) of them were engaged in fanning followed by trading
105
which attracted 42.9% of the parents. This was to be expected because the major 
occupation in the municipality is farming.
Table 4.7
Distribution of Respondents (Parents/Guardians) by Income/Annum
Income per annum Count Percentage (%)
Less than GH01OO 24 58.5
GH01OO+ 17 41.5
Total 41 100
Responses from table 4.7 indicate that 58.5% of the parent respondents earned less 
than GH0100 (one million old Cedis) annually. According to the Ghana Living Standard 
Survey, people with an annual income of less than a million Cedis (old currency) are 
poor.1 This means that most of the parents/guardians are poor judging from the fact that 
majority of them engage in farming which is practised at the subsistence level.
Table 4.8
Distribution of Respondents (Parents/Guardians) by Number of Dependants
No. Of Dependants Count Percentage (%)
Below 3 10 23.8
3-5 22 52.4
Above 5 10 23.8
Total 42 100
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Apart from the low income of parents, table 4.8 shows that only 23.8% of the parents 
who responded to the questionnaires had to care for less than three children. Majority 
(76.2%) of them had to care for at least three dependants. This places some sort of 
financial burden on parents/guardians.
4.2 THE STATE
The state has mandatory role to play in the promotion of the rural child’s right to 
education. According to the legal documents discussed in the second chapter of this 
study, the state recognizes the right of the child to education and shall take all appropriate 
measures to achieve the full realisation of this right.2 Even though the state has increased 
accessibility by instituting the capitation grants in all basic schools in the municipality, 
quality of education in the rural areas of the municipality leaves much to be desired. For 
full realisation, the state is responsible for the provision of good school buildings and 
other facilities that aid the promotion of the right, textbooks, as well as teachers otherwise 
known as resource inputs. Views were therefore solicited on their availability.
4.2.1 Availability of Good School Building
One major difference between formal education and the other forms (informal and 
non-formal) is the presence of a formal structure (school building). This building must be 
identified as good so as not to compromise the delivery of quality education in the school. 
Majority of the respondents responded that their schools or wards’ schools have good 
school buildings. 62.5% and 37.5% said ‘Yes’ and ‘No’ respectively. Figure 4.1 shows 
the responses of respondents.
107
Fig. 4.1
Response on the Availability of Good School Building in Rural Areas of the
Municipality.
This means that there are more schools with good school buildings in die rural areas 
of the municipality. This somewhat positive response related to school building is partly 
attributed to the effort of Millennium Development Authority (MiDA) in the 
rehabilitation of dilapidated schools in the municipality. There is however a substantial 
number of schools in the rural areas with bad buildings thereby affecting teaching and 
learning. Observation revealed that there are still many schools in the municipality 
having classes under sheds. According to respondents, the bad buildings means that 
lessons must be stopped and school closed when rain clouds gather. Classes are therefore
108
not effective in the rainy season. This then affects the quality of education the child is 
expected to gain because the teacher is not able to teach the required topics for the year.
4.2.2 Availability of Library and Other Facilities
Apart from school buildings, libraries and sanitation facilities do contribute to good 
outcomes in education delivery. The tables below provide the responses on these issues.
Table 4.9
Response on the Availability of Library in Rural Schools/Communities in the
Municipality.
Pupils Parents Teachers Headteachers Total
Yes 11 (17.5%) 4 (9.5%) 4 (9.5%) 1 (4.8%) 20(11.9%)
No 52 (82.5%) 38 (90.5%) 38 (90.5%) 20 (95.2%) 148 (88.1%)
Total 63(100%) 42(100%) 42 (100%) 21 (100%) 168(100%)
Generally, respondents responded that the schools or the communities do not have 
library facilities. In majority of the cases, physical structures as libraries were not 
observed but one or two aluminium boxes containing a few library books. For the few 
who had physical library structures, there were either few books or the structures were 
not used for the intended purpose because of lack of classrooms for the kindergarten. 
This situation has contributed to the poor quality of the English Language pupils in the 
rural areas of the municipality speak and write thereby affecting their right to quality 
education in totality.
109
Table 4.10
Availability of Sanitation Facilities.
Pupils Parents Teachers Headteachers Total
Yes 31 (49.2%) 23 (54.8%) 19(45.2%) 14 (66.7%) 87 (51.8%)
No 32 (50.8%) 19(45.2%) 23 (54.8%) 7 (33.3%) 81 (48.2%)
Total 36(100%) 42 (100%) 42(100%) 21 (100%) 168(100%)
The facilities in question here are urinal and toilet facilities. Though (51.8%) of total 
respondents were of the view that the schools do have these facilities, majority of pupils 
and teachers responded that their schools do not have the facilities. Observation however 
showed that most of the schools have at least a makeshift urinal. The availability of toilet 
facility was however the problem. What this means is that, this large number of pupils 
have to use toilet facilities outside the school when they are in school or will not respond 
to the call of nature at all when they have to. The effect of this situation on the education 
of the rural child is that, the child misses lessons because he/she returns late or refuses to 
return to the school (which some pupils do) if they use facilities which are far from the 
school. If the child refuses to respond to the call of nature, then his concentration 
becomes divided and therefore unable to grasp whatever the teacher teaches. From the 
above, it is clear that the state has not lived up to the Article 25 (le) of the Constitution 
which requires the state to provide adequate facilities for schools at all levels.3
110
4.2.3 Availability of Textbooks
Apart from the infrastructural facilities, textbooks also form an important aspect in 
promoting the right to quality education. Since textbooks continue to be a major influence 
on classroom teaching, and the school curricula at the basic school level depend heavily 
on textbooks, both pupils and teachers must have access to and use textbooks.4 Yet 
pupils, teachers and headteachers indicated that textbooks for the subjects taught, 
especially the core subjects are lacking in the schools. 79.4%, 78.6% and 81.0% of valid 
responses from pupils, teachers and headteachers respectively indicated that textbooks 
are not enough in the schools. The table below gives the distribution.
Table 4.11
Availability of Textbooks
Pupils Teachers Headteachers Total
Yes 13(20.6%) 9(21.4%) 4(19.0%) 26 (20.6%)
No 50 (79.4%) 33 (78.6%) 17(81.0%) 100 (79.4%)
Total 63(100%) 42(100%) 21 (100%) 126(100%)
111
Fig 4.2
Availability of Core Textbooks
Even though the availability of textbooks in the basic school is not something to write 
home about, that of the core subjects is worse. Figure 42  shows that all groups of 
respondents indicated that textbooks for the four core subjects that are studied in the basic 
schools are lacking. The results show that majority of the schools in rural areas of the 
municipality have no access to textbooks in English Language, Mathematic, Integrated 
Science and Environmental/Social Studies in terms of 1:1. This has implication for 
studying at home with the aid of textbooks as the textbooks are collected by teachers after 
school.
4.2.4 Teacher Availability
Pupil Teacher Ratio (PTR) is one of the key input indicators used as a proxy measure 
for education quality within the ESP. The Ministry of Education, Science and Sports 
(MoESS) and GES policy is to have a PTR of 35:1 at the primary level and 25: 1 at the 
JSS level5. Responses from respondents showed that there are more teachers in the rural 
schools of the municipality. About 90% of respondents affirmed this. Valid responses 
from respondents were as follows: pupils (100%), parents (88.1%), teachers (90.5%) and 
headteachers (90.5%). This is illustrated in the table below
Table 4.12 
Response on the Availability of Teachers.
Pupils% Parents Teachers Headteachers Total
Yes 63 (100%) 37 (88.1%) 38 (90.5%) 19(90.5%) 157 (93.5%)
No - 2 (4.8%) 4 (9.5%) 2 (9.5%) 8 (4.8%)
Don’t know - 3 (7.1%) - - 3 (1.8%)
Total 63(100%) 42(100%) 42(100%) 21 (100%) 168(100%)
The situation above means that there are more teachers in the municipality and that 
the PTR in the schools is less than the national policy. Fig 4.3 below complements table 
4.12 to make the assertion clearer. The figure shows that generally, most (61.9%) of the 
rural schools in the municipality have at least nine teachers and 97.6% have not less than 
six teachers. Considering the small class sizes in most of the schools visited, the 
maximum number of teachers for the primary level should have been six (6) and that of 
the JHS should have been five (5). The situation on the ground, however, is that some of 
the primary schools have as many as twelve teachers and the JHS have ten teachers.
113
Fig. 4.3
Number of Teachers in the Rural Schools of the Municipality.
According to Parker (2004) teachers’ qualification does influence the quality of 
teaching, and that a good mix of subject matter knowledge and pedagogic content 
knowledge is essential for effective lesson delivery.6 The professional qualification of 
teachers was investigated. Majority of headteachers (66.7%) admitted that, most of the 
teachers are professionals. This was in agreement with teachers’ response on their 
professional qualification. Out of the 42 teachers sampled 29 representing 69.0% 
indicated that they are professional teachers. This implies that more professional teachers 
with high academic qualifications have been posted to the rural areas of the municipality. 
Contrary to the view that rural areas lack adequate number of teachers and that the 
available ones comprise more non-professionals, the situation presented here shows that
114
the rural areas of this municipality is spared of this agony. The state must therefore be 
applauded for the provision of teachers in the rural areas. However, there are a number of 
schools within the municipality with few professionals.
4.3.0 THE EDUCATOR/TF.ACHF.R
The provision of good physical structures and the resource inputs by the state is very 
important to the realization of the rural child’s right to education but these resources 
cannot impart knowledge by themselves. Somebody must act to make these resources 
impact on the life of the child educationally. The educator therefore becomes central to 
the realization of the right to education and thus obliged in the following manner. “The 
education of children in this country has been largely entrusted into the hands of 
members of the Ghana Education Service. This places members of the Service, whatever 
their role in a special position of responsibility which requires exceptionally high 
standard of behaviour and conduct.”7 The standard of behaviour and conduct include 
punctuality, regularity, giving adequate number of exercises as well as eschewing acts 
that are not in the best interest of the child. Views were therefore solicited from 
respondents on these issues.
4.3.1 Regularity and Punctuality of Educators/Teachers.
Basic school pupils are expected to acquire certain skills such as numeracy and 
literacy within the time frame allocated for the completion of the full course. Since time 
lost can never be regained and therefore detrimental to the achievement of these 
objectives, regularity at school and punctuality to school ensure that the child does not 
lose some allocated time. On this, valid response from pupils gave 44.4% and 52.4%
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‘Yes’ to regularity and punctuality respectively. Parents, teachers and headteachers on the 
other hand gave the following responses shown in the table below.
Table 4.13
Punctuality and Regularity of Teachers
Regularity Punctuality
Yes No Total Yes No Total
Pupil 28
(44.4%)
35
(55.6%)
63
(100%)
33
(52.4%)
30
(47.6%)
63
(100%)
Parent 31
(79.5%)
8 (20.5%) 39
(100%)
29
(76.3%)
9 (23.7%) 38
(100%)
Teacher 38
(90.5%)
4 (9.5%) 42
(100%)
37
(88.1%)
5(11.9%) 42
(100%)
Headteacher 19
(90.5%)
2 (9.5%) 21
(100%)
16
(76.2%)
5 (23.8%) 21
(100%)
Total 116
(70.3%)
49
(29.7%)
165
(100%)
115
(70.1%)
49
(29.9%)
164
(100%)
From the table majority of valid responses indicated that teachers attend school 
regularly (70.3%) and punctually (70.1%). This means that generally, teachers in the rural 
areas of the municipality are regular at school and punctual to school. However, the table 
also shows that almost 30% of the teachers are not regular and punctual. In addition, a 
critical view of the table reveals that responses of pupils on the matter showed that most 
teachers (55.6%) are not all that regular while more (47.6%) go to school late. Since they 
are in close contact with the teachers and bear the consequences of the acts of teachers 
(whether positive or negative) their views must be given due weight. The teachers and
116
headteachers, in order to avoid blame are likely to twist the reality. A teacher however 
was bold to state, during a casual conversation, that aside from the fact that most teachers 
in his school are not punctual, they also leave before school closes. This therefore means 
that, going by the response of the children, majority of teachers in the rural areas of the 
municipality are not regular and punctual. Personal observation during the administration 
of the questionnaires supports this assertion.
4.3.2 Setting Adequate Number of Exercises and Prompt Marking.
Going to school regularly and punctually is one part. The other part is, does the 
teacher do his/her assigned work? This is known through the number of exercises 
teachers set, as exercises are set on what has been taught. Exercises allow the child to 
know how he/she is performing. It gives the teacher the opportunity to assess whether or 
not pupils have understood what he/she has taught and to correct mistakes. This ensures 
the promotion of the right to quality education. Investigation was carried out on whether 
teachers set adequate number of exercises. Valid responses from the various groups of 
respondents were as follows. 73.0% and 27.0% for ‘Yes’ and ‘No’ respectively came 
from pupils. 57.1%, 35.7% and 7.1% of parents response was ‘Yes’. *No' and ‘Don't 
know’ respectively. Headteachers response was 71.4% ‘Yes’ and 28.6% ‘No’. Teachers 
gave 92.7% and 7.3% for ‘Yes’ and ‘No’ respectively. This means that most teachers in 
rural areas of the municipality are trying as much as possible to obey the command 
pertaining to setting exercises in the code of professional conduct for teachers which 
states that a teacher shall set adequate amount of written and practical exercises in all the 
subjects he/she teaches.8
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On the issue of prompt marking, valid response from pupils was 77.8% for ‘Yes’ and 
22.8% for ‘No’. 97.6% and 2.4% of valid response from Teachers was ‘Yes’ and ‘No’ 
respectively. Valid response from headteachers was 100%. This also indicates that the 
teachers are adhering to command on prompt marking. It states that a teacher shall mark 
and evaluate all written/practical exercises promptly and carefully.9
4.3.3: Type Of Punishment Meted Out To Pupils.
Discipline in school is very important to the realization of the child’s right to quality 
education and this is ensured in most cases through punishment. There are three things 
that punishment does. One, it corrects the wrongdoer (reformative function); two, it 
deters others from doing same (deterrent function); and three, to inflict pain on the 
wrongdoer (retributive function). Punishment is bad if it is retributive, good if it is 
deterrent but best if is to reform the child and not affect the best interest of the child. 
Sadker and Sadker have however indicated that time spent disciplining pupils is 
negatively related to achievement10. Almost all respondents affirmed that pupils are 
punished in some way. The figure below shows the responses on the sort of punishments 
meted out to pupils.
118
Fig. 4.4
Forms of Punishment Used by Teachers
Fig. 4.3 tells that generally, caning (44.6%) is the punishment mostly used by 
teachers followed by weeding (39.6%). Insult (1.2%) is the form of punishment least 
meted out to pupils. According to pupils, teachers sometimes ask them to run around the 
school field or school building. These punishments, according to majority of the parents 
and a few of the pupils are good because they correct the children. Thinking in this 
manner clearly shows that these parents are oblivious to the right of the child not to be 
tortured as stipulated in the CRC11 and the Children’s Act12. These punishments 
(especially caning) as stated above are detrimental to the promotion of the right of the 
child to education. 37.9% of valid responses from pupils indicated that the fear of being 
caned when they offend prevent them from concentrating on what the teacher is teaching.
119
This is why the GES rule13 on the punishment of pupils frowns on the use of the cane on 
pupils as the main form of punishment. The only person mandated to use the cane as a 
form punishment is the headteacher. This, he/she does when the offence is very serious. 
Even then he/she cannot use it on the first occurrence and can give only four strokes. 
Another 37.9% stated that the punishments affect their attendance to school. That is, they 
absent themselves from school especially when they are late to school. 24.1% also said 
they miss lessons when punishments other than caning are meted out and are expected to 
be fulfilled during school hours.
4.3.4: Engagement of Pupils in Work During School Hours.
The main reason for enrolling children in school is to be taught and for them to learn. 
The act of engaging pupils in work during school hours is something that has been 
observed in the rural areas of Ghana. Respondents were asked if pupils are used to work 
to generate funds for supporting activities in the school. Some respondents responded 
‘’Yes’ while others responded ‘No’. The table and the figure below give details.
Table 4.14
Engagement of Pupils in Work During School Hours.
Pupils Parents Teachers Headteachers Total
Yes 30 (47.6%) 14(34.1%) 23 (54.8%) 6 (28.6%) 73 (43.7%)
No 33 (52.4%) 27 (65.9%) 19(45.2%) 15(71.4%) 94 (56.3%)
Total 63(100%) 41 (100%) 42(100%) 21 (100%) 167 (100%)
120
Table 4.14 shows that even though majority of respondents (56.3%) responded that 
pupils are not used to work during school hours, as much as 43.7% of total valid 
responses indicated that pupils are engaged in work to raise funds. In addition, valid 
response from teachers (54.8%) indicated that the schools engage pupils in work during 
school hours. This is an indication that most of the schools in the rural areas of Akuapem 
South engage their pupils in works detrimental to their right to education. This situation 
fells short of Article 32(1) of the CRC which states that the child is to be protected from 
economic exploitation and from performing any work that interferes with his/her 
education, and Sections 12 and 87 of the Children’s Act which state that no person shall 
subject a child to exploitative labour as provided under section 87 of this Act and that 
labour is exploitative of a child if it deprives the child of his/her education. These works 
obviously interfere with the child’s education and deprives him/her the right to education.
The main types of work pupils are engaged in as shown in fig. 4.5 is predominantly
the carrying of stones or blocks or firewood, followed by the fetching of water. With
regard to the stones, pupils are asked to pick stones after school and then bring them to
school the following morning. These stones are collected, gathered and then carried to the
buyer for building purpose. The problem this presents in regard to the promotion of the
right of the rural child to education is that the child uses his time for private study to go
look for the stones. The child is punished (usually caned) if he/she fails to bring the
stones. As noted above punishment has a negative effect on learning. Apart from these.
pupils indicated that the works they are engaged in make them miss lessons (70%). or
become tired after the work and therefore unable to concentrate even if lessons continue
(23.3%). This situation is against the rationale for the introduction of the capitation grant
121
and therefore against the rules of the state to engage pupils in any work that is detrimental 
to their right to education.
Fig. 4.5
Response on the Main Forms of Work Teachers Engage Pupils in During School Hours
■ Carrying stones/blocks ■ Fetching water ■ Others
Pupils Parents Teachers Headteachers Total
4 .3.5 Exanimation Fees in Rural Schools
One other reason for the introduction of the capitation grant is to stop the collection
of certain monies such as examination fees which forms barrier to education especially in
the case of the poor. The code of professional conduct for teachers is also clear on the
collection of monies termed as unauthorised. It states that no teacher shall collect any
unauthorised monies from members of the education Service or parents/pupils or the
general public in the course of his official duties.14 With the introduction of the capitation
grant collection of examination fees becomes unauthorised hence illegal. Views were
122
therefore solicited on this issue to find out if teachers have complied with this directive. 
The table below shows the responses of respondents.
Table 4.15
Collection of Monies (Examination Fees) in the Schools.
Pupils Parents Teachers Headteachers Total
Yes 62 (98.4%) 40 (95.2%) 35 (89.7%) 18(85.7%) 155 (93.9%)
No 1 (1.6%) 2 (4.8%) 4(10.3%) 3 (14.3%) 10(6.1%)
Total 63 (100%) 42(100%) 39(100%) 21 (100%) 165(100%)
The results from table 4.15 show that almost all the rural schools in the municipality 
are defying the rule on the collection of unauthorised monies. But out of 40 parents who 
pay such fees majority (67.5%) claim that they pay because they want better education 
for their wards. This is an indication that most parents know the essence of examination. 
There are however, some parents who pay because they have been asked to pay (7.5%) or 
their wards will be sacked (20.0%). This indicates that these parents find it difficult to 
bear the little cost of education even after the state has absorbed a larger part of the cost. 
These parents therefore asked for government intervention in this area.
The relationship between the collection of these monies and the non-promotion of the 
right of the rural child to education lies in the fact that failure to pay attracts some 
negative consequences to the child. The child is caned or prevented from writing the 
examinations which is the norm in most cases. Though some pupils (9.5%) indicated that 
they are allowed to write and asked to bring the money later, more than 70% of pupils 
said that their teachers do not allow defaulters to write the examinations. This situation 
violates the child’s right to education as this is making education the preserve of those
123
who can pay. Pupils indicated that they are repeated in most cases and therefore takes 
away the joy and desire to be in school always as well as the desire to learn hard.
4.3.6 Supervision
Teachers know the rules guiding their profession but may not comply with the rules 
unless there is strict and constant supervision. This is where the mandatory role of the 
supervisor as an educator comes to play. The Education Act, Act 778 of 2008 explicitly 
states that "the directors and supervisors within the regional and district directorates of 
education shall undertake, in accordance with the directives or guidelines of the Board, 
routine inspection of schools to ensure the maintenance of standards of performance in 
teaching and learning”15. Views were collected to ascertain whether they do just that. 
Table 4.16 and fig.4.6 show that both teachers and headteachers said that circuit 
supervisors visit the schools regularly and that they visit the schools at least twice in a 
term. An interview with the Assistant Director in charge of supervision at the Municipal 
Education Office, Mrs. Augusta Ntow Osaebo, revealed that supervisors must visit the 
schools under their jurisdiction at least three times in a term16. This then means that 
supervisors are not that regular as indicated by the responses of the teachers and the 
headteachers because only 40.4% of the total response indicated that the circuit 
supervisors visit the schools more than twice in a term. In addition, even when these 
supervisors do visit the schools, observation has revealed that they hardly do proper 
inspection. What they do is just visit the schools and spend some few minutes with the 
headteachers and move away. Table 4.16 and figure 4.6 show the response of teachers 
and headteachers on this matter.
124
Table 4.16
Supervision
Teachers Headteachers Total
Yes 37 (88.1%) 20 (95.2%) 57 (90.5%)
No 5(11.9%) 1 (4.8%) 6 (9.5%)
Total 42(100%) 21 (100%) 63(100%)
Fig. 4.6
Number of Times Circuit Supervisors Visit Schools
120.00%
luU.UU/o H
40.50% 40% 40.40%
59.50% 60% 59.60%
More
—♦—Twice
40*00%
Teachers Headteachers Total
125
4.4.0 PARENTS/GUARDIANS
The state provides the input resources such as the physical structures, textbooks and 
teachers. The educator combines professional conduct with the resource inputs to ensure 
the promotion of the child’s right to education. Without the support of parents/guardians 
the attempt to make the child enjoy his/her right to education will be very difficult to 
realize. To get the desired quality of education therefore, the effort of the state and the 
educator must be complemented by the parent/guardian by ensuring that wards attend 
school regularly and punctually, that they provide them with the basic necessities that are 
relevant to the promotion of quality education. Parents are therefore obliged in 
accordance with Article 7 (1) and Article 18 (1) of the CRC, and Section 6 (3) of the 
Children's Act, 1998.
Since children must necessarily live with an adult, investigation into this matter 
revealed that majority (46.0%) of the pupils live both parents, one-third (333%) of the 
pupils live with single parent and 20.6% live with other relatives. This is an indication 
that majority of the pupils in the rural areas of the municipality do not live with both 
parents (53.9%). Irrespective of who the child lives with, they are legally responsible for 
the care of the child by providing the child with the necessaries of education, ensuring 
that the child is regular at school and punctual to school, and creating conducive 
environment to support learning at home.
126
4.4.1 Provision of Food
Food helps the child in education by ensuring mental development as well as making 
the child healthy and therefore be able to go to school regularly. It also increases 
concentration as a hungry child will be thinking of what to eat after school. Valid 
responses from pupils revealed that out of 63 respondents, 48 representing 76.2% 
affirmed that their guardians provide them with enough food. 23.8% said their guardians 
do not provide them with enough food. This is an indication that majority of parents in 
the rural areas of the municipality have abided by the rule on the right of the child to 
adequate diet in Section 8 of the Children’s Act. However the few parents who have not 
adhered to the rule place this duty on their wards to find other ways of supplementing 
their food requirements which is likely to be detrimental to their education or become 
malnourished with its attendant negative effect on educational outcome.
4.4.2 Provision of Educational Necessities
Apart from the provision of food, the provision of educational necessities such as
stationery, and school uniform including footwear is the responsibility of
parents/guardians. Views collected indicated the following. Pupil responses disclosed that
even though most parents (84.1%) are willing to provide the materials, many (31.7%) of
them do not provide the materials forcing these children to provide these materials by
themselves. Parent responses also revealed that almost all of them (97.6%) provide the
materials but only few of them (39.0%) provide all the necessities. Majority of them
(61.0%) provide just some. This situation like the above forces the child to provide these
materials by himself/herself. Responses from teachers and headteachers showed that most
127
of the parents (more than 80.0%) do not provide these materials. This they know because 
most pupils do not have the materials thereby making teachers’ work of promoting the 
child’s right to education difficult. The inability of these parents/guardians to provide the 
necessaries of education may be from the fact that most of them are poor (see table 4.7) 
and that they have more dependants (see table 4.8). These parents/guardians (in the case 
of the women) are however able to afford to buy cloth and sew to attend funerals instead 
of using such monies to fund their wards education.
In order to acquire the materials, pupils responded that they either engage in farming 
(10.0%), work on others farms (60.0%), sell after school (10.0%), reduce their meagre 
pocket money (10.0%), or provided by other relatives if they are lucky (5.0%). Another 
5.0% indicated that they do not buy at all. For those who do some form of work, they 
have to absent themselves to be able to do that. Observation revealed that in some of the 
communities/schools, pupils absent themselves every Wednesday to pick pepper. Apart 
from that, those who engage in work after school are not able to study at home or 
complete their homework. For those who reduce their pocket money, it means that their 
food requirements will be reduced thereby reducing concentration in class. This situation 
is not in the best interest of the child.
4.4.3: Pupil Regularity and Punctuality.
As much as teachers are required to be regular and punctual to school in the 
promotion of quality basic education so are pupils’ regularity and punctuality very 
important. The parent is responsible for ensuring that the child goes to school every
128
school going day and very early too. Valid responses from teachers and headteachers 
show the following.
Fig. 4.7
Distribution of Pupil Attendance to School
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Total
Headteacher
—*—
22.20%
—*—
76.20%
Punctuality Regularity
0.00%
The results show that most of the pupils in the rural areas are not regular and 
punctual. 49 responses representing 77.8% out of 63 and 48 responses representing 
76.2% indicated that the pupils are not regular and punctual respectively. The situation is 
so because parents/guardians do not provide for their children. These pupils absent
129
themselves to get the educational materials and when this happens the parents lose 
control over their wards hence unable to ensure punctuality to school.
4.3.4: Helping Pupils with Homework.
Table 4.17
Distribution on Helping to Do Homework.
Pupils Parents Teachers Headteachers Total
Yes 25 (39.7%) 25 (59.5%) 5 (12.8%) 2 (9.5%) 57 (34.5%)
No 38 (60.3%) 17(40.5%) 34 (87.2%) 19(90.5%) 108 (65.5%)
Total 63 (100%) 42(100%) 39(100%) 21 (100%) 165 (100%)
Homework as part of school exercises helps pupils to practice what has been taught at 
school and to get them to revise what they have leamt. As part of their responsibility, 
parents/guardians have to see to it that this homework is done. As shown in the table 
4.17, it is clear from the responses of respondents that parents do not help their wards 
with their homework. Though close to three-fifths (59.5%) of the parents/guardians said 
they help their wards, their own wards, teachers and headteachers countered their 
assertion. According to pupils, their parents do not help them because they are either 
illiterate, have busy schedules, or they (pupils) do not ask their parents to help for fear of 
being insulted. From the table on educational background it was revealed that only few 
(16.7%) of the parents are illiterates while most of them ended either at the basic level 
(64.3%) or second cycle level (19.0%). This shows that most parents/guardians have the 
intellectual capacity to help their wards with their homework unless the quality of
130
education they received is also poor because the stake-holders did not do much to 
promote their right to education when they were children.
Not only do parents/guardians not help their wards with their homework, but many 
parents also engage these children in works that prevent them from studying at home. 26 
out 63 pupils, representing 41.3 % of valid response said they are engaged in work by 
their parents/guardians after school that prevent them from studying. These pupils claim 
that they either finish late, or become tired and feel sleepy and so are not able to study. 
Valid responses indicated 9.1% and 86.4% for the claims respectively. A few (4.5%) 
stated that it leads to absenteeism. This is because they are not able to complete their 
homework and coupled with the fear of being caned they decide not go to school at all. 
This situation also falls short of Sections 12 and 87 of the Children’s Act. This is also not 
in the interest of the child’s right to education.
4.5 CONCLUSION
The state, the educator and the parent/guardian are the key stake-holders in the education
of the rural child in Akuapem South Municipality. They are all legally obliged to ensure
that the child enjoys this right to education by both creating access and ensuring good
quality. The state is responsible for the provision of physical infrastructure, educational
materials such as textbooks and teachers. The educator is responsible for ensuring that the
child is taught and that certain acts of the educator do not interfere with the child’s
education but rather create conducive atmosphere for learning in the school. The
parent/guardian is responsible for the provision of basic necessities that aid in his/her
education as well as create conducive environment for studies at home. Analysed data
131
gathered from respondents and personal observation revealed that though the stake­
holders have made efforts to promote the right of the rural child to education, they have 
not given much attention to the promotion of the right. This has therefore led to poor 
standard of education in public basic schools in the rural areas of Akuapem South 
Municipality.
132
NOTES
1 As cited in Ransford Edward Gyampo, The Commission on Human Rights and 
Administrative Justice and Access to Human Rights in the Mfatseman District, 
(Unpublished MPhil Thesis University of Ghana, June 2004), p. 78.
2 Convention On The Rights Of The Child, Article 28; African Charter On The Rights 
And Welfare Of The Child, Article 11.
3 Republic Of Ghana, Constitution, (1992).
4 Joseph Ghartey Ampiah, “An Investigation of Provision of Quality Basic Education in 
Ghana; A Case Study of Selected Schools in the Central Region”, in Journal of 
International of Cooperation in Education. Vol. 11 No. 3 (CICE Hiroshima University, 
2008). p. 31-33.
5 Ibid, p. 25.
6 J. Parker (2004) cited in Joseph Ghartey Ampiah Op. Cit p. 24.
7 GES & GNAT, Condition And Scheme Of Service And The Code Of Conduct For 
Teachers, (Accra, 2000), Para 4, p. 63.
8 Ibid, para 9, p. 66.
9 Ibid.
10 Myra Pollack Sadker & David Miller Sadker, Teachers. Schools. And Society. 2nd Ed., 
(McGraw-Hill, Inc.: New York, 1991), p. 74.
"United Nations, Convention on Rights of the Child, Article 37a.
12 Republic of Ghana, Children’s Act, 1998, Section 13.
13Ghana Education Service, Headteachers’ Handbook, (Ministry of Education: Accra, 
1994), pp. 257-262.
14 GES & GNAT, Op. cit, para 19, p. 69.
15 Republic of Ghana, Education Act, 2008, Section 8(4).
16 Interview with Mrs Augusta Ntow Osaebo, Assistant Director (Supervision). Municipal 
Education Office, Nsawam, 7,h May. 2010.
133
CHAPTER FIVE
5.0 INTRODUCTION
The study was carried out with the intention of finding out if stake-holders have done 
enough to promote the educational right of the rural child in Akuapem South 
Municipality under the hypothesis that, the inability of stake-holders to give much 
attention to the promotion of the educational right of the rural child has led to the poor 
standard of education in the rural areas of Akuapem South Municipality. The chapter 
summarises the main findings of the study, draws conclusion and offers some 
recommendations which will help address the problem of ensuring quality education.
5.1 SUMMARY OF FINDINGS
From the analysis in the preceding chapters) these are the summary of findings.
The right of the child to education is recognized by the legal system of Ghana. This 
obliges stake-holders to ensure its realization to the fullest. First, the study showed that 
though more schools in the rural areas of the municipality have good school buildings, 
there are still some schools with dilapidated buildings while some schools still have their 
lessons under sheds. These dilapidated buildings affect the child in trying to pursue his 
right to education as rains disrupts classes. Apart from that, some school buildings may 
look good on the outside but the classrooms are too small and so get hot in the afternoon. 
Pupils’ concentration becomes less.
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
134
Second, majority of the pupils do not have access to library facilities because the 
schools and communities do not have libraries. Close to half of the rural schools in the 
municipality do not have sanitation facilities. There is inadequate supply of textbooks 
especially for the four core subjects in the rural schools of the municipality. The few 
textbooks that are available are collected from pupils after lessons. The inadequacy of 
these resource inputs deprives the rural child from enjoying his/her right to education to 
the fullest.
Third, contrary to views that rural schools lack adequate number of teachers, there are 
many teachers in the rural areas of this municipality. PTR in the rural areas of the 
municipality is less than the national PTR. Some schools have as many as twelve teachers 
at the primary level and ten teachers at the JHS level. In addition there are quite a number 
of professional teachers, majority of whom have diploma and degree qualifications. This 
is as a result of the sponsorship given to teacher trainees by the municipality. The 
sponsorship scheme ensures that these teacher trainees come back to serve the deprived 
areas of the municipality. The problem is that there are more non-professionals in these 
areas. Most of the schools do not have bangalows for teachers and the few that are 
available are not able to house all the teachers in the beneficiary schools.
Fourth, Most of the rural schools do not benefit from the GSFP. Only two rural 
schools are beneficiaries - Darmang Presby Primary and Ahwerase Presby Primary. The 
programme is concentrated in the urban schools. As a pro-poor programme it is more 
beneficial to the rural area than the urban because the rural area is where most children 
suffer from malnutrition which have adverse effect on educational achievement. Not only 
does the concentration of the programme in the urban area defeat the purpose for which
135
the programme was introduced but also the inability of the state to include more rural 
schools does not help to promote the rural child’s right to education. In addition, the 
programme is limited to the kindergarten and primary with the exclusion of the JHS.
On the part of the educator, first, most of the teachers live in the villages/towns where 
they teach. This is an indication that if the government should help with bangalows it will 
go a long way to boost the morale of the teachers. The few who commute to school from 
Nsawam gave lack of adequate accommodation as the reason.
Second, while the urban schools report a day before the reopening day to clean up and 
get ready for class on the official reopening day, the rural schools report on the day of 
reopening and the whole week is used to clean up. Apart from that, most teachers are not 
regular at school and punctual to school. Teachers are therefore not able to complete the 
syllabus and so pupils are not able to acquire the desired skills (literacy and numeracy). 
This situation violates the full enjoyment of the rural child’s right to education.
Thirdly, the study found that most of the teachers do no additional work apart from 
the teaching. They must therefore have much attention for their profession. On the 
contrary, because more than two-thirds of the teachers are pursuing further studies while 
they are still at post, they give much attention to their personal development at the 
expense of the child’s development.
Fourth, the study however found that teachers set adequate number of exercises and 
mark them promptly. This helps both the teacher and the pupil to know their flaws and 
correct them thereby ensuring that the right to quality education is promoted.
136
Fifth, in spite of the introduction of the capitation grant, teachers in the rural schools 
still engage pupils in jobs during class hours. The collection and carrying of stones, 
blocks and firewood for some members of the community are some of the jobs. These 
jobs are done to raise fund to support school activities such as sports. Some teachers also 
ask their pupils to fetch water for them during class hours. Almost all the rural schools in 
the municipality still collect printing fees from pupils and those who default are not 
allowed to write terminal examinations. This illegal act is a grave affront to the rural 
child.
In addition, caning is still used as the main form of punishment in the schools in spite 
of the rules on punishing pupils. This means that teachers have intentionally ignored the 
rules or are oblivious of the rules. The conduct of the teachers can be controlled if 
supervision is intensified. It was however found that circuit supervisors do visit but not 
regularly and when they do, real supervision and reprimand/praise is not done.
As regards parents and guardians, the studies found that first, majority of the pupils in 
the rural basic schools of the municipality do not live with both parents. They either live 
with other relatives or family friends. These people are the legal guardians of the 
children. Furthermore, parents/guardians have shirked their responsibility of caring for 
their wards and so have lost control over their wards. This prevents parents from ensuring 
that their wards go to school always and punctual. Pupils are therefore not regular and 
punctual to school.
In addition to the above, though majority of the pupils have their right to food 
promoted by their parents/guardians as much as 24% of the pupils have this right
137
violated. These children therefore have to leave school to pursue this right themselves. In 
other words, the violation of the right of the child to adequate food by parents/guardians 
results in the violation of the right of the child to quality education.
Lastly, the study also revealed that as regards the provision of educational necessities 
majority of the parents do not provide for their wards. Pupils go to school without the 
materials and sit idle during practice time. Pupils therefore have to do some form of work 
to raise money for these necessities. They either miss school to do such work or do the 
work after school and so have no time for private studies. Apart from this, 
parents/guardians do not help pupils to do their homework.
5.2 CONCLUSIONS
The right of the child to education is recognised by the laws/legal system of Ghana. 
This obliges stake-holders to ensure its realization to the fullest. The quality of education 
in public basic schools in the rural areas of Akuapem south Municipality is appalling. It is 
the legal responsibility of the state, the educator and the parent/guardian to promote this 
right. The state is responsible for the provision of adequate educational facilities, teaching 
and learning materials (textbooks), and qualified and competent educators (teachers and 
supervisors). The educator is responsible for ensuring that the child is educated. The 
parent/guardian is responsible for the provision of educational necessities and creating 
conducive environment at home for studies.
It is obvious from the findings that the stake-holders by their actions have not done 
enough to promote the right of the rural child to education. Though there are enough 
teachers in the rural schools of the municipality, this alone is not enough to promote the
138
right of the rural child to education to the fullest. Full adherence to the rules that oblige 
all the three key stake-holders as contained in both international and domestic legal 
documents is necessary.
5.3 RECOMMENDATIONS
The state is to be commended for the introduction of the Capitation Grant, GSFP and 
the ECE to improve access to basic education and quality basic education. However, in 
view of the findings there is the need for further interventions to show commitment to the 
promotion of quality basic education as a fundamental human right for the rural child. 
The following recommendations are therefore made.
One, the Ghana Library Board must endeavour to establish libraries in various 
communities to serve several communities in the catchment area as has been done at 
Obodan (which serves communities such as Fotobi, Akwakupom and Obodan).
Two, the GSFP, which has been concentrated in the urban areas of the municipality 
should be moved or expanded to the rural areas where it is needed most This will make 
parents save money to be able to buy educational materials for their wards. It will 
encourage those children who are not regular to school because they want to get 
educational materials to be regular. It will also encourage pupils who are not fed properly 
at home to be regular.
Three, the state should expand its policy of free school uniform and exercise books to 
the rural areas of the municipality. This will help reduce the number of children who 
would have to be absent from school just to work to get these educational materials. It 
will also relieve poor parents who genuinely are not able to afford these materials.
139
Four, the state should implement its policy of giving incentive packages to teachers in 
deprived areas such as the 20% of their basic salary as inducive allowance; free 
accommodation, and study leave with pay after two years of initial service. The 
government should also look at the general conditions of service of teachers. Supervision 
allowance should be adjusted upward.
Five. GES should institute a rule that mandates all rural schools in the country to 
report and clean up a day before the reopening day. This will help save the time wasted to 
clean up during official reopening day. Circuit supervisors must be empowered 
financially to visit regularly. Once a while the Municipal Director of Education must 
make surprise visits to the schools in the rural areas. This will put the teachers on their 
toes.
Six, Human rights education must be intensified. Teachers should be taken through 
human rights courses at the colleges and be taught on international and national human 
rights instruments on the child. This will make them do things to promote the rights of 
the children under their care. Parents need to have clear understanding of the essence of 
education to the individual as well as to the larger society. NCCE and CHRAJ should 
make it a point to go to the villages to educate citizens on the rights of the child and the 
legal obligation of parents/guardians towards the promotion and protection of the rights 
of the child especially right to education. The children also need this education. Apart 
from infusing human rights topics into the curricula of basic school, it should be made 
mandatory for every school to establish a human rights club.
140
Eight, though it is the duty of parents to show much interest in their wards education, 
teachers should encourage parents to visit the schools by visiting the parents in the 
homes.
Finally, the whole issue is about rule implementation. The rules regarding the 
promotion of the child’s right to education have been formulated but the enforcement is 
the problem. According to the theory underpinning this study, the right of the child to 
education is recognized by law and so enforceable. Effective sanctions should therefore 
be taken against those whose actions violate the best interest of the child in accordance 
with the provisions of Section 15 of the Children’s Act and the Bye-laws on the Control 
of Children in the municipality without fear or favour. Money must be deducted from the 
salaries of teachers who absent themselves habitually.
141
BIBLIOGRAPHY
Books
1. Adamu-Issah, M„ Elden, L., Forson, M. & Schrofer, T. (2007). Achieving 
universal primary education in Ghana by 2015: A reality or a dream? New York: 
UNICEF.
2. Buergenthal, T., Shelton, D. & Stewart, D. P. (2002). International human rights 
in a nutshell (3rd ed.). St Paul, MN: West Group.
3. Chandra, P. (1998). International politics (4th ed.). New Delhi: Vikas Publication 
House PVT Ltd.
4. Cranston, M. (1973). What are human rights? London: The Bodley Head.
5. Eze. O. C. (1984). Human rights in Africa: Some selected problems. Lagos: 
Nigerian Institute of International Affairs and Macmillan Nigeria Publishers Ltd.
6. Omane-Ankuamoah, J., Obeng-Ampadu, C., Asamoah, D., Baffoe-Bonnie, B. D. 
& Prah, D. (2004). Principles and practice of education for UTl’DBE programme. 
Accra: Teacher Education Division
7. Shivji, I. G. (1989). The concept of human rights in Africa. London: CODESRIA.
8. Sadker, M. P. & Sadker, D. M. (1991). Teachers, schools, and society (2nd Ed.). 
New York: McGraw-Hill, Inc.
9. United Nations High Commissioner for Human Rights (2007). Legislative history 
of the Convention on the Rights of the Child (Volume 1). New York: United 
Nations.
10. Wellman, C. (1999). The proliferation of rights: Moral progress or empty 
rhetoric? Oxford: Westview Press.
Articles from Books
1. Alston, P. (1994). The best interest principle: Towards a reconciliation of culture 
and human right In P. Alston (Ed.), The best interest of the child: Reconciling 
culture and human rights (pp. 1-25). New York: Oxford University Press Inc.
2. Busia, N. K. Jr. (2003). Competing visions of liberal democracy and socialism. In 
A. A. An-Na’im, (Ed.), Human rights under African constitutions: Realizing the 
promise for ourselves (p.52-96). Philadelphia: University of Pennsylvania Press.
3. Curren, R. (2006). Philosophy of education, ethical and political issues in. In D. 
M. Borchert (Ed.), Encyclopedia of Philosophy (2nd Ed.) Volume 7 (pp.360-364). 
London: Thompson Gale.
142
4. Henkin, L. (2000). Human rights: Ideology and aspirations, reality and prospect.
In S. Power & G. Allison (Eds.), Realizing human rights: Moving from 
inspiration to impact (pp.3-36). New York: St Martin’s.
5. Lansdown G. (2000). The reporting process under the convention on the rights of 
the child. In P. Alston & J. Crawford (Eds.), The Future of UN human rights 
treaty monitoring (pp. 113-128) Cambridge: Cambridge University Press.
6. Mbilinyi, M. (2004). Introduction. In E. Lema, M. Mbilinyi & R. Rajani (Eds.), 
Nverere on education: Selected essays and speeches 1954-1998 (pp. vi-xvi). Dar 
es Salam: HakiElimu.
7. Nyerere. M. J. (2004). Education for liberation. In E. Lema, M. Mbilinyi & R. 
Rajani (Eds.), Nverere on education: Selected essays and speeches 1954-1998 
(pp. 122-164). Dares Salam: HakiElimu.
8. Price, K. (2006). Philosophy of education, history of. In D. M. Borchert (Ed.), 
Encyclopedia of Philosophy (2nd Ed.) Volume 7 (pp. 364-380). London: 
Thompson Gale.
9. Rwezaura, B. (1994). The concept of the child’s best interest in the changing 
economic and social context of sub-Saharan Africa. In P. Alston (Ed.), The best 
interest of the child: Reconciling culture and human rights (pp. 82-116) New 
York: Oxford University Press Inc.
10. Siegel, H. (2006). Philosophy of education, epistemological issues. In D. M. 
Borchert (Ed.), Encyclopedia of Philosophy (2nd Ed.) Volume 7 (pp.355-360). 
London: Thompson Gale.
Periodicals/ Journals/ Discussion Papers
1. Agbenyega, J. (2008). Development of early years policy and practice in Ghana: 
Can outcomes be improved for marginalised children? Contemporary Issues in 
Earlv Childhood. 9 (41.400-404. www.wwwords.co.uk/CIEC.
2. Ampiah J. G. (2008). An investigation of provision of quality basic education in 
Ghana: A case study of selected schools in the central region. CICE Hiroshima 
University. Journal of International of Cooperation in Education. 11 (3). 19-37.
3. Nishimura, M., Ogawa, K., Sifuna, D. N., Chimombo, J., Kunje, D.. Ampiah, J.
G., Byamugisha, A., Sawamura, N. & Yamada, S. (2009). A comparative analysis 
of universal primary education policy in Ghana. Kenya, Malawi, and Uganda”. 
CICE Hiroshima University. Journal of International Cooperation in Education.
12 (1). 143-158.
Official Documents / Official Reports / Research Papers
1. Akyeampong, K., Djangmah, J., Oduro, A., Seidu, A. & Hunt, F. (2007). Access 
to basic education in Ghana: The evidence and the issues. Sussex: CREATE.
143
2. Charter of the United Nations 
Convention on the Rights of the Child
3. Ghana Education Service-Nsawam, “Summary of Enrolment For 2009/2010 
Academic Year”.
4. Ghana Education Service-Nsawam, “List of Deprived Schools”, (2009).
5. Ghana Education Service-Nsawam, B.E.C.E. Results Analysis, 2007, 2008 and 
2009.
6. Ghana Education Service (1994). Headteachers’ handbook. Accra: Ministry of 
Education.
7. Ghana Statistical Service (2000). Population and Housing Census Report. Accra: 
Ghana Statistical Service.
8. Ghana Education Service & Ghana National Association of Teachers (2000). 
Condition and scheme of service and the code of conduct for teachers. Accra
9. Government of Ghana (2009, March). Ghana School Feeding Programme, Annual 
operating plan. Accra: Government of Ghana.
10. International Covenant on Economic, Social and Cultural Rights
11. Ministry of Local Government, Rural Development and Environment (2006, 
September) Medium-term district development plan for Akuapem South 
Municipality 2006-2009.
12. National Development Planning Commission (2004). Ghana Poverty Reduction 
Strategy, 2003 Annual Progress Report.
13. Osei, R. D., Owusu, G. A., Asem, F. E. & Afiitu-Kotey, R. L. (2009) “Effect of 
capitation grant on education outcomes in Ghana Accra: Institute of Statistical 
Social and Economic Research - ISSER.
14. Republic of Ghana (1992). Constitution of Ghana. Government of Ghana: Accra
15. Republic of Ghana (1998). Children’s Act. Accra: Government of Ghana
16. Republic of Ghana (2008). Education Act. Accra: Government of Ghana.
17. Report of The Committee on Economic, Social and Cultural Rights (Twenty-First 
Session 1999), General Comment No. 13, Implementation of the International 
Covenant on Economic, Social and Cultural Rights, Right to Education (Art. 13 
of The Covenant), Document E/C. 12/1999/10, 08/12/1999,( para 2).
144
18. Report of The Committee on Economic, Social and Cultural Rights (Fifth Session 
1990), General Comment No. 3,The Nature of States Parties Obligations (Art. 2, 
para. 1 of the Covenant), 14/12/90, (paras 1-2).
19. SEND Foundation-Ghana (2008). “Whose Decision Counts”, Policy Brief No. 
1/2008, (SEND Foundation Publications- Ghana).
20. UNESCO (2006). Ghana: Early Childhood Care and Education (ECCE) 
Programmes. Country profile commissioned for the EFA global monitoring report 
2007. strong foundations: Early childhood care and education. Geneva: 
International Bureau of Education (IBE).
21. The Universal Declaration of Human Rights
22. The African Charter on Peoples’ and Human Rights
23. The African Charter on the Rights and Welfare of the Child 
Thesis /Essays/ Speeches/Testimonies
1. Commonwealth Human Rights Initiative (2008). Statement Issued to 
Commemorate the 60lh Anniversary of the Universal Declaration on Human 
Rights. 10th December.
2. Ghana Education Service (2009). Capitation grants. Workshop organised for head 
teachers and their assistants at the Presby Basic School, Nsawam. 29lhSeptember.
3. Ghana National Education Campaign Coalition (GNECC) (2009). The 2009 
budget statement. Statement delivered at the press conference. Accra. 16th March.
4. Michael Nsowah (2008). Ghana School Feeding Programme (GSFP). Presentation 
at Meet the Press Series, Accra. 22nd July.
5. Ransford Gyampo (2004) The Commission on Human Rights and Administrative 
Justice and Access to Human Rights in the Mfatseman District. Unpublished 
MPHIL thesis. University of Ghana.
Internet Website Used
1. http://www.sign-schoolfeeding.org/default.aspx?guid=6cb20e50-779f-470c-845c- 
ef4c8dee9936&live=true (Retrieved, 14lh January, 2010).
2. http://www.ghanadistricts.com/districts/?r=4&=66&rlv=topology (Retrieved, 2nd 
March, 2010).
145
3. Boateng, D. (2008, June 6). Akuapem South Municipal Assembly: Setting the 
pace in development. The Statesman. Retrieved 30th May, 2010, from 
http://www.thestatesmanonline.com/pages/news detail.php?section=11 &newsid= 
5919
4. Ministry Of Local Government And Rural Development In Collaboration With 
GSFP Secretariat, Send-Ghana, And IDEG “Report On A National Policy 
Dialogue On The Ghana School Feeding Programme (GSFP)” Organised On 30th 
July At llgs, Madina. Retrieved 30111 May, 2010, from 
http://www.ghsfb.com/?page=News&id=35
5. Azeem, V. “The budget and children in Ghana”, A speech delivered at the multi­
sectoral meeting on the national programme of action for children (2003 - 2013). 
Retrieved 30th May, 2010, from
http://www.isodec.org.gh/Papers/children_and_thebudget.PDF
146
APPENDIX “A”
UNIVERSITY OF GHANA
MPHIL SURVEY RESEARCH PROJECT
HUMAN RIGHTS AND PUBLIC BASIC EDUCATION IN GHANA: THE CASE 
OF THE RURAL CHLID IN AKUAPEM SOUTH MUNICIPALITY.
Dear Respondent,
This is a survey being conducted by an MPhil Part II student to find out the views of 
basic school pupils in Akuapem South Municipality on whether stake-holders in 
education have done enough to promote the rural child’s right to (basic) education. It is 
an MPhil Part II project intended to add to the state of knowledge on children’s rights in 
Ghana. You were randomly selected in your school and your name is not required. The 
views expressed shall not be used against you. Thank you for agreeing to answer these 
questions. You are to circle your response. Choose only one answer.
QDD Number..........................
Background
B1 Gender 1. Male 2. Female
B2 Age 1.6-9 2.10-13 3.14-17 4.18+
B3 Class 1. Basic 1-3 2. Basic 4-6 3. Basic 7-9
B4 Religion 1. Christianity 2. ATR 3. Islam 4. Other......................................................................
The State
Q1. Does your school have a good school building? 1. Yes 2. No 
Qlb. If no, does that affect your right to education? 1. Yes 2. No
Qlc. If yes, how?...............................................................................................................................
Q2. Does your school have enough textbooks for all the subjects taught in your school?
1. Yes 2. No
Q2b. Does each child have copies for each of the core subjects? 1. Yes 2. No
Q3. Does your school have a library? 1. Yes 2. No
DEPARTMENT OF POLITICAL SCIENCE
147
Q3b. If yes, are there enough story books for pupils to use during library period?
1. Yes 2. No
Q4. Does your school have enough teachers? 1. Yes 2. No
Q4b. How many teachers are in your school? 1. Less than 3 2. 3-5 3.6-8
4. 9+
Q5. Do you pay school fees? 1. Yes 2. No
Q6. Does your school benefit from the School Feeding Programme? 1. Yes 2.
No
Q6b. If no, would you like the programme introduced in your school? 1. Yes 2.
No
Q6c. Do you think the introduction of the programme will help promote your right to 
education?
1. Yes 2.No
Q6d. If yes, how?..............................................................................................................................
Q7. Does your school have toilet and urinal facilities? 1. Yes 2. No
Q7b. If yes, what is the condition of the facilities?
1. Very good 2. Good 3. Bad 4. Very bad 
Q7c. If no, does it affect your learning? 1. Yes 2. No
Q7d. If you responded yes to Q6c, how?..........................................................................................
The Parent
Q8. Who do you live with? 1. Both parents 2. Father only
3. Mother only 4. Other.............................
Q9. Do your parent(s)/guardian provide you with enough food? l.Yes 2. No
Q10. Are your parent(s)/guardian willing to buy educational material for you when 
needed?
l.Yes 2. No
Q 10b. If yes, does he/she provide the materials? l.Yes 2. No
148
QlOc. If your answer to Q10 is no, how do you get these 
materials?...........................................................................................................................................
Q11. Do your parent(s)/guardian help you with your homework? l.Yes 2. No
Qllb. If no. why?...............................................................................................................................
Q12. Do your parent(s)/guardian(s) engage you in any work after school that is likely to 
prevent you from studying? 1. Yes 2. No
Q12b. Does it affect your right to education? l.Yes 2. No
Q12c. If yes, explain.........................................................................................................................
Q13. How would you rate the interest your parent(s)/guardian(s) has/have towards your 
education.
1. Very much interest 2. Much interest 3. Some interest 4. No interest 
The Educator
Q14. Are your teachers regular at school? 1. Yes 2. No
Q15. Are your teachers punctual to school? 1. Yes 2. No
Q16. Do your teachers teach when they are supposed to teach? 1. Yes 2. No
Q17. Do your teachers give you enough exercises? 1. Yes 2. No
Q17b. Do they mark the exercises promptly? 1. Yes 2. No
Q18. If you answered yes to Q2b, do your teachers give the textbooks out? 1. Yes
2. No
Q18b. If no. what do they do with the textbooks?
1. Lock the textbooks in the cupboard 2. Take the textbooks home
Q19. Do your teachers punishment you when you do the wrong thing? 1. Yes 2.
No
Q19b. What sort of punishment do you give?
1. Insult 2. Caning. 3. Weeding 4. Other..............................................................................
Q 19c. Does the punishment affect your right to education? l.Yes 2. No 
Q19d. How docs the punishment affect your education?................................................................
149
Q20. Do your teachers ask you to do any other work aside from school activities during 
school hours? l.Yes 2. No
Q20b. If yes, what type of work?
1. Carrying stones/blocks 2. Carrying firewood
3. Fetching water 4. Other..............................................................
Q20c. Do these activities affect your right to education? 1. Yes 2. No
Q20d. If yes, explain.........................................................................................................................
Q21. Are you asked to pay examination fees at the end of the term by your teachers?
l.Yes 2. No 
Q21b. Do you pay any other monies? 1. Yes 2. No
Q21c. What happens when you fail to pay such monies? 1. Caned 2.
Sacked
Q21d. Does this action affect your education? 1. Yes 2. No
Q21e. If yes, how?...........................................................................................................................
150
APPENDIX “B”
UNIVERSITY OF GHANA
MPHIL SURVEY RESEARCH PROJECT
HUMAN RIGHTS AND PUBLIC BASIC EDUCATION IN GHANA: THE CASE 
OF THE RURAL CHLID IN AKUAPEM SOUTH MUNICIPALITY.
Dear Respondent
This is a survey being conducted by an MPhil Part II student to find out the views of 
basic school teachers in Akuapem South Municipality on whether stake-holders in 
education have done enough to promote the rural child’s right to (basic) education. It is 
an MPhil Part II project intended to add to the state of knowledge on children’s rights in 
Ghana. You were randomly selected in your school and your name is not required. The 
views expressed shall not be used against you. Thank you for agreeing to answer these 
questions. You are to circle your response. Choose only one answer.
QID Number............................
Background
B1 Gender l.Male 2. Female
B2 Age 1.20-29 2.30-39 3.40-49 4.50
B3 Academic Qualification l.MSLC 2. SSSCE 2. DIP 3. DEG
B4 Professional Qualification 1. Non-professional 2. Professional
B5 Level Taught 1. Kindergarten 2. Primary 3. J.H.S.
B6 Class/Subject Taught..................................................................................
The state
Ql. Does your school have a good school building? l.Yes 2. No 
Qlb. If no, does that affect teaching? 1. Yes 2. No
Qlc. If yes, how?...............................................................................................................................
Q2. Does your school have enough textbooks for all the subjects taught in your school?
DEPARTMENT OF POLITICAL SCIENCE
151
1. Yes 2. No
Q2b. Does each child have copies for each of the core subjects? 1. Yes 2. No 
Q3. Does your school have a library? 1. Yes 2. No
Q3b. If yes, are there enough story books for pupils to use during library period? 1. Yes
2. No
Q4. How many teachers are in your school? 1. Less than 3 2.3-5 3.6-8 4.
9+
Q4b. In your view, do you think there are enough teachers for effective teaching and 
learning in the school? l.Yes 2. No
Q5. Does your institution have bungalows for the teachers? 1. Yes 2. No
05b. If yes, are all the teachers housed in the bungalows? 1. Yes 2. No
Q6. Does your school benefit from the School Feeding Programme? 1. Yes 2.
No
Q6b. If no, would you like the programme introduced in your school? l.Yes 2.
No
Q6c. If yes, why?..............................................................................................................................
Q7. Does your school have sanitation (toilet and urinal) facilities? 1. Yes 2. No
Q7b. If yes, what is the condition of the facilities?
1. Very good 2. Good 3. Bad 4. Very bad 
Q7c. If no, does it affect teaching? l.Yes 2.No
Q7d. If you responded yes to Q7c, how?.........................................................................................
The Parent
Q8. In your view, do parents/guardians help pupils to acquire the necessaries of 
education?
l.Yes 2. No
Q8b. How do you
know?................................................................................................................................................
Q9. Do you think parents/guardians help pupils at home when they are given homework?
152
1. Yes 2. No
Q10. Do pupils come to school regularly? l.Yes 2. No
Q11. Are the pupils punctual to school? 1. Yes 2. No
Q12. Do parents attend PTA meetings when organised? 1. Yes 2. No
Q13. Do parents visit the school on their own volition? 1. Yes 2. No
013b. Would you like it if parents regularly visit the school? 1. Yes 2. No
Q13c. If yes, why?......................................................................................................................
Q14. What is the reaction of parents/guardians when wards are punished?
1. Come to ask why 2. Come to attack the teachers 3. Other..........................................
The Educator
Q15. Do you live in the village/town where you teach? l.Yes 2. No
Q15b. If yes, how long does it take from your residence to your school?
1.1-15 minutes 2. 16 - 30 minutes 3. 31-45 minutes 4. 46 - 60 
minutes
Q15c. If no, give reason (choose only one)
1. Lack of adequate accommodation 2. Unsafe drinking water,
3. Lack of electricity, 4. Poor health conditions
5. Lack of personal development opportunities 6. Other 
Q15d. Where then do you live?.................................................................................................
Q15e. What means of transport do you use to get school?
1. Foot 2. Public transport 3. Private transport
Q16. Do you do any other work in addition to the teaching? l.Yes 2. No
Q16b. If yes, specify.........................................................................
Q16c. Why do you do this other work?.....................................................................................
Q17. Are you pursuing any academic/professional programme? 1. Yes 2. No
Q17b. If yes, specify................................................................................
153
l.Yes 2. No
Q10. Do pupils come to school regularly? l.Yes 2. No
Ql 1. Are the pupils punctual to school? 1. Yes 2. No
Q12. Do parents attend PTA meetings when organised? 1. Yes 2. No
Ql 3. Do parents visit the school on their own volition? l.Yes 2. No
Q13b. Would you like it if parents regularly visit the school? 1. Yes 2. No
Q13c. If yes, why?......................................................................................................................
Q14. What is the reaction of parents/guardians when wards are punished?
1. Come to ask why 2. Come to attack the teachers 3. Other...........................................
The Educator
Q15. Do you live in the village/town where you teach? l.Yes 2. No
Q15b. If yes, how long does it take from your residence to your school?
1. 1 - 15 minutes 2. 16-30 minutes 3. 31-45 minutes 4. 46-60 
minutes
Q15c. If no, give reason (choose only one)
1. Lack of adequate accommodation 2. Unsafe drinking water,
3. Lack of electricity, 4. Poor health conditions
5. Lack of personal development opportunities 6. Other 
Q15d. Where then do you live?.................................................................................................
Q15e. What means of transport do you use to get school?
1. Foot 2. Public transport 3. Private transport
Ql 6. Do you do any other work in addition to the teaching? 1. Yes 2. No
Q16b. If yes, specify.........................................................................
Q16c. Why do you do this other work?......................................................................................
Ql 7. Are you pursuing any academic/professional programme? l.Yes 2. No
Q17b. If yes, specify................................................................................
153
Q18. When do most teachers normally report for duty when school re-opens?
1. On the first day 2. Within the first week 3. During the second week
Q19. Are teachers in your school regular? 1. Yes 2. No
Q20. Are teachers in your school punctual? 1. Yes 2. No
Q21. Do you think teachers in your school give the pupils enough exercises? 1. Yes
2. No
Q21 b. Do they mark the exercises promptly? 1. Yes 2. No
Q22. Does the school give the textbooks to the pupils to send home? 1. Yes 2. 
No
Q22b. If no, why?......................................................................................................................
Q23. Does the school charge any other fees such as examination fees? 1. Yes 2
.No
Q24. Does your school punish the pupils when they go wrong? 1. Yes 2. No
Q24b. What sort of punishment do you give?
1. Insult 2. Caning. 3. Weeding 4. Other
Q25. Does your school engage the pupils in work to raise funds to support school 
activities?
l.Yes 2. No
Q25b. What type of work do you engage the pupils in?
1. Carrying stones/blocks 2. Carrying firewood 3. Other....................................................
Q26. Does the circuit supervisor visit your school regularly? 1. Yes 2. No
Q26b. If yes, how many times does he or she visit the school within the term?
l.Once 2. Twice 3. More
154
APPENDIX “C”
UNIVERSITY OF GHANA
MPHIL SURVEY RESEARCH PROJECT
HUMAN RIGHTS AND PUBLIC BASIC EDUCATION IN GHANA: THE CASE 
OF THE RURAL CHLID IN AKUAPEM SOUTH MUNICIPALITY.
Dear Respondent
This is a survey being conducted an MPhil Part II student to find out the views of 
parents/guardians in Akuapem South Municipality on whether stake-holders in education 
have done enough to promote the rural child’s right to (basic) education. It is an MPhil 
Part II project intended to add to the state of knowledge on children’s rights in Ghana. 
You were randomly selected in your community and your name is not required. The 
views expressed shall not be used against you. Thank you for agreeing to answer these 
questions. You are to circle your response. Choose only one answer.
QID Number............................
Background
B1 Gender 
B2 Age 
B3 Religion 
B4 Occupation 
B5 Income (per annum)
B6 Marital Status 
B7 Number of dependents 
B8 Academic Background 
The State
DEPARTMENT OF POLITICAL SCIENCE
1. Male 
1. Below 20 
1. Christianity 
1. Farming
2. Female 
2. 20 - 29 
2. ATR 
2. Trading 
1. Less than GH01OO 
1. Married 2. Single
1. Below 3 2 . 3 - 5
1. Tertiary 2. Sen. Sec
3. 30 - 39 4. Above 39
3. Islam 4. Other......................
3. Other..................................
2. GH01OO +
3. Above 5 
3. Basic 4. Non
Ql. Does your ward’s school have a good school building? l.Yes 2. No 3. Don’t 
know
Q2. Do you think your ward’s school has enough teachers? 1. Yes 2. No 3. Don’t 
know
Q3. Do the teachers have bungalows? 1. Yes 2. No 3. Don’t know
Q4. Do you pay school fees? 1. Yes 2. No
Q5. Are the children fed at school? 1. Yes 2. No
Q6. Does your ward’s school have sanitation (toilet and urinal) facilities? 1. Yes 2. 
No
Q6b. If yes, what is the condition of the facilities?
1. Very good 2. Good 3. Bad 4. Very bad
Q7. Are there any library facilities in the community? 1. Yes 2. No
Q7b. If yes, are there enough books in the library? 1. Yes 2. No 3. Don’t 
know
Q7c. If yes to Q6b, do the children patronise the library? 1. Yes 2. No
The Educator
Q8. Are the teachers of the school regular? 1. Yes 2. No 3. Don’t know 
Q9. Are the teachers punctual to school? 1. Yes 2. No 3. Don’t know 
Q10. In your view, do teachers give enough homework to the pupils?
l.Yes 2. No 3. Don’t know
Ql 1. Does the school give the textbooks to the pupils to bring home?
1. Yes 2. No 3. Don’t know
Q12. Does the school ask you to pay some other monies such as examination fees?
l.Yes 2. No 
Q12b. Do you pay such fees? 1. Yes 2. No
Q12c. If yes, why do you pay?.........................................................................................................
Q12d. What is your view on such charges?......................................................................................
Q13. In your view what sort of punishment does the school mete out to the pupils?
156
1. Insult 2. Caning. 3. Weeding 4. Other....................................................................................
Q13b. What can you say about the punishment that is meted out to the pupils?...........................
Q14. Do teachers use the children to work during school hours? 1. Yes 2. No 
Q 14b. If yes. what type of work?
1. Carrying stones/blocks 2. Carrying firewood
3. Fetching water 4. Other..................................................
Q15. Does the school organise PTA meetings regularly? l.Yes 2. No 
The Parent
Q16. Do you give the child enough food? 1. Yes 2. No
Q17. Do you provide for your ward the necessaries of education when he/she needs 
them?
l.Yes 2. No
Q17b. If yes, how much do you provide? 1. All 2. Most 3. Few
Q17c. If no, how does your ward get his/her educational materials?..............................................
Q18. Do you help your ward with his or her homework? 1. Yes 2. No
Q19. Do you visit the school on your own to acquaint yourself with the situation on the 
ground?
l.Yes 2. No
Q20. If you answered yes to Q15, do you attend the PTA meetings regularly? 1. Yes
2. No
Q20b. If no, why?.............................................................................................................................
Q21. How do you react towards the teachers when your ward is punished by the school?
1. Go to ask why 2. Attack the teachers
157
APPENDIX “D”
UNIVERSITY OF GHANA
MPHIL SURVEY RESEARCH PROJECT
HUMAN RIGHTS AND PUBLIC BASIC EDUCATION IN GHANA: THE CASE 
OF THE RURAL CHLID IN AKUAPEM SOUTH MUNICIPALITY.
Dear Respondent
This is a survey being conducted an MPhil Part II student to find out the views of Heads 
of Basic Schools in Akuapem South Municipality on whether stake-holders on education 
have done enough to promote the rural child’s right to (basic) education. It is an MPhil 
Part II project intended to add to the state of knowledge on children’s right in Ghana. 
You were purposely selected in your school and your name is not required. The views 
expressed shall not be used against you. Thank you for agreeing to answer these 
questions. You are to circle your response. Choose only one answer.
QID Number............................
Background
B1 Gender l.Male 2. Female
B2 Age 1.20-29 2.30-39 3.40-49 4.50
B3 Academic Qualification l.SSSCE 2. DIP 3. DEG 
B4 Professional Qualification 1. Non-professional 2. Professional 
The state
Ql. Does your school have a good school building? 1. Yes 2. No 
Qlb. If no, does that affect teaching and learning? 1. Yes 2. No
Qlc. If yes, how?................................................................................................................................
Q2. Does your school have enough textbooks for all the subjects taught in your school? 
l.Yes 2. No
Q2b. Does each child have copies for each of the core subjects? 1. Yes 2. No
DEPARTMENT OF POLITICAL SCIENCE
158
Q3. Does your school have library? 1. Yes 2. No 
Q3b. If yes, are there enough story books for pupils to use during library period? 
l.Yes 2. No
Q4. How many teachers are in your school? 1. Less than 5 2. 5 - 9 3. 10+
Q4b. How many are professionals? 1. All 2. Most 3. Few 4. Non
Q4c. How many are non professionals? 1. All 2. Most 3. Few 4. Non
Q4d. In your view, do you think there are enough teachers for effective running of the 
school?
l.Yes 2. No
Q5. Does your institution have bungalows for the teachers? 1. Yes 2. No 
Q5b. If yes. are all the teachers housed in the bungalows? 1. Yes 2. No 
Q6. Does your school benefit from the School Feeding Programme? 1. Yes 2. No 
Q6b. If no, would you like the programme introduced in your school? 1. Yes 2. No
Q6c. If yes, why?...............................................................................................................................
Q7. Does your school have sanitation (toilet and urinal) facilities? 1. Yes 2. No 
Q7b. If yes, what is the condition of the facilities?
1. Very good 2. Good 3. Bad 4. Very bad 
Q7c. If no, does it affect your teaching and learning? 1. Yes 2.No
Q7d. If you responded yes to Q7c, how?..........................................................................................
The Parent
Q8. In your view, do parents/guardian(s) help pupils to acquire the necessaries of 
education?
l.Yes 2. No
Q8b. How do you know?..................................................................................................................
Q9. Do you think parents/guardians help pupils at home when they are given homework? 
l.Yes 2. No
159
Q10. Do pupils come to school regularly? 1. Yes 2. No
Q11. Are the pupils punctual to school? l.Yes 2. No
Q12. Do parents attend PTA meetings when organised? 1. Yes 2. No
Q13. Do parents visit the school on their own volition? 1. Yes 2. No
Q13b. Would you like it if parents regularly visit the school? l.Yes 2. No
Q 13c. If yes, why?.............................................................................................................................
Q14. What is the reaction of parents/guardians when wards are punished?
1. Come to ask why 2. Come to attack the teachers 3. Other..................................................
The Educator
Q15. Are teachers in your school pursuing any academic/professional programme? 
l.Yes 2. No
Q15b. if yes, how many teachers are involved? l .Afew 2. More 3. All
Q16. When do your teachers normally report for duty when school re-opens?
1. On the first day 2. Within the first week 3. During the second week and 
beyond
Q17. Are your teachers punctual to school? 1. Yes 2. No
Q18. Are your teachers regular at school? 1. Yes 2. No
Q19. Do your teachers prepare their lesson notes? 1. Yes 2. No
Q19b. If yes, do they present the notes early for vetting? 1. Yes 2. No
Q20. Do you think your teachers give the pupils enough exercises? 1. Yes 2. No
Q20b. Do they mark the exercises promptly? 1. Yes 2. No
Q21. Does the school give the textbooks to the pupils to send home? 1. Yes 2. No
Q21b. If no, why?.....................................................................................................................
Q22. Does the school charge any other fees such as examination fees? 1. Yes 2 .No
Q23. Does your school punish the pupils when they go wrong? 1. Yes 2. No
160
Q23b. What sort of punishment do you give?
1. Insult 2. Caning. 3. Weeding 4. Other....................................................................
Q24. Does your school engage the pupils in work to raise funds to support school 
activities?
l .Yes  2. No
Q24b. What type of work do you engage the pupils in?
1. Carrying stones/blocks 2. Carrying firewood 3. Other.........................................
Q25. Does the circuit supervisor visit your school regularly? 1. Yes 2. No
Q25b. If yes, how many times does he or she visit the school within the term?
1. Once 2. Twice 3. More
161