36 Concerning the right to Education, Article 13 of the said Convention puts emphasis on: - The need to ensure that primary education is compulsory and free for all; The need to ensure that education in all its forms is easily accessible to all; The need to encourage higher education and to facilitate access to it for everyone according to their means; The need to encourage and intensify basic education in the case of individuals who have not been able to benefit from the entire primary education cycle or who did not complete it. There is conformity between the national positive law and the above mentioned instruments in general and the African Charter on Human and Peoples’ Rights in particluar. The 16th February 1959 Constitution, while recognising the human values based on the respect for human rights, proclaims in its preamble that: « The State and the Local Authorities have the responsibility of creating the necessary conditions and public institutions which guarantee the education of the children. Provision should be made for the education of the youth by public schools. Their establishment is the responsibility of both the State and the Local Authorities ». The 26th November 1964 Constitution, in its Article 7, parag.3 stipulates: « The State and the Local Authorities have the right and responsibility to create public institutions guaranteeing the education of the children ». The imperial Constitution of the 4th December 1976 proclaims in its preamble: « Everyone has a right to gain access to the sources of knowledge. The State guarantees to both child and adult legal access to education, to professional training and to culture. It has the responsibility of providing free and neutral public education ». The 5th February 1981 Constitution, in its Article 3, parag.2 stipulates: « Everyone has the right to gain access to the sources of knowledge. The Republic guarantees to both child and adult access to education, to professional training and to culture. .. ». The preamble to the Constitution of the 28th November 1986 solemnly proclaims its attachment to the right to education and culture in the following terms: « access to education is an indefeasible right to which each citizen should benefit freely in order to be able to contribute to the development of the entire country » The Constitution of the 14th January 1995 in its Article 7 stipulates: « everyone has the right to gain access to the sources of knowledge. The Republic guarantees to both child and adult access to education and professional training. Provision should be made for the education and instruction of the youth by the public institutions … . » The Constitution of the 27th December 2004, in its Article 7 stipulates: « everyone has the right to gain access to the sources of knowledge. The State

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