This dissertation is a comparative analysis of the implementation of the right to education in
the Democratic Republic of Congo and Nigeria. The context is that of education in schools and
other educational institutions.
The right to education is protected in numerous international and regional documents. This
study will focus more on the International Covenant on Economic Social and Cultural Rights
at the international level and the African Charter on Human and Peoples’ Rights at the regional
level. Article 17(1) of the African Charter states that every individual has the right to education.
But article 13 of ICESCR provides more detail, which encourages state parties to make primary
education free and compulsory for all. In addition, secondary education shall be made generally
available and accessible for all, while higher education shall be made equally accessible for all.
The Constitution of Democratic Republic of Congo of 18 February 2006 and that of Nigeria of
1999 provide for and guarantee the right to education as the consequence of ratifying
international and regional treaties.
This study has been motivated by the fact that despite the enforceability of the right to education
under the DRC and Nigerian Constitutions, education is still not available or accessible to all;
and primary education is not compulsory and free. These countries are facing almost the same
challenges of implementing the right to education, as they are among African developing
The challenges are due to several factors, some of which are poverty, bad governance and the
mismanagement of finances, armed conflict and war, as well as the character of the nonjusticiability
of the right to education. Therefore, there is an increase in illiteracy and a weak
economy in these countries. Because lifelong learning and education is a force that can drive a
country to sustainable development; the best investment the DRC and Nigeria can give to their
citizens is to educate them and give them a better life. This will result in the stability of both
individuals and the country, otherwise the country itself is in danger.
To prevent this situation, the DRC and Nigerian governments must consider their international
obligations to undertake steps for the full realisation of the right to education. They have to
consider rendering this right justiciable and enforceable before the courts to allow individuals
to seek reparation in cases of violation.
Mini Dissertation (LLM)--University of Pretoria, 2019.