Initiative for Social and Economic Rights v. Attorney General. Civil Suit No. 353 of 2016

Nature of the Case

This case challenged the discrepancy in the quality of education provided by private educational institutions and government aided schools in Uganda. The discrepancy is due in part to the financing policy provided by the Government in which the Public Private Partnership (PPP) schools received significantly less money per student than government aided schools. Initiative for Social and Economic Rights (ISER) brought this case against the Government claiming that the financing policy infringes on the right to quality education, equality, and freedom from discrimination guaranteed under the Constitution. The High Court of Uganda agreed.

Enforcement of the Decision and Outcomes

The Court ordered the Government to “ensure equity for all children in the design and implementation of education programs.” It further ordered that the Government should take the lead in regulating private actors’ role in education, ensuring minimum standards and sanctioning violators, all while seeking “guidance from the Abidjan Principles on the human rights obligations of states to provide public education and to regulate private involvement in education in designing education programs in the country.”

The photo shows one of the classroom blocks at Purungo Seed Secondary School in Purungo Sub County, Nwoya District, that was recently constructed in the sub county, which did not have a secondary school. In 2018, the Ministry of Education and Sports commenced the phasing out of USE program in PPP schools, such that the funds can be shifted to either construction or grant aiding of community secondary schools to implement the government policy of providing secondary education in each sub county.

Significance of the Case

The case is significant for several reasons. First, the Court held the Government is accountable in connection with the actions of businesses and private individuals. The Court affirmed that Uganda’s obligations under international human rights law require that the Government monitor, regulate, and ensure private entities are compliant with minimum educational standards. The Court also recognized that while the Government is currently reliant upon the private sector to deliver education, this should always be considered a temporary measure, and the Government should strive to put in place its own public school system.  Lastly, although the judgement was specifically about PPPs in education, its principles can also be applied to other PPPs involved in service delivery.

For their contributions to the summary, special thanks to ESCR-Net members: the Initiative for Social and Economic Rights (ISER) and the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case

• Initiative for Social and Economic Rights (ISER)