Right to education 241. The CRM observed that education is not guaranteed by the Constitution in the URT. However, key national instruments guiding education in Tanzania include the 1978 Education Act, the 1999 Higher Education Policy, and the 1978 Education and Vocational Training Policy that seek to provide equal and adequate educational opportunities in all fields, at all levels. Similarly, education is a priority that is mentioned in Zanzibar’s policies and development, including the Education Policy and the Education Act that provide for free and compulsory education for every child at primary and junior secondary. 242. The CRM acknowledges that Mainland Tanzania has made considerable strides in ensuring universal and free access to basic education. As discussed in Chapter Six, implementing the Primary and Secondary Education Development Plans meant enrollment rose to 95.4 per cent in 2010, compared to 59 per cent in 2000. Similarly, secondary school net enrollment ratios increased from 13.6 per cent in 2006 to 29.9 per cent in 2010. The number of students admitted into universities and colleges increased from 18,951 in 2005/2006 to 40,993 in 2009/2010, with 35.5 per cent of them being women. Increases were also evident in Zanzibar: 21,170 pupils sat for primary school exams in 2010 and a total of 80,008 enrolled in secondary education. The rise in student numbers at higher learning institutions in Zanzibar can be attributed to the creation of higher education funds from which loans are available to sponsor students. 243. Stakeholders informed the CRM about several obstacles affecting the right to education, mostly relating to educational quality, in both Mainland Tanzania and Zanzibar. The environment is inadequate for teaching - some classrooms hold more than 200 pupils, far above the Government limit of 45 in Mainland Tanzania; a shortage of teachers and a high teacher pupil ratio of 1:60 in Zanzibar; poor performance from learners on the Mainland translating into a declining trend in primary education (from 54.2 per cent in 2007 to 49.4 per cent in 2009) and a 20 per cent drop in secondary school Form Four pass rates in 2010, compared to 2009, and down to 9 per cent in 2011. 244. Other concerns are: dwindling enrollment numbers for children living with disabilities, despite the Inclusive Education Strategy; forced marriages in spite of stringent laws in Zanzibar enacted in the interest of education, and early pregnancies that have contributed to girls’ dropout rates; continued corporal punishment in schools; and, a shortage of educational facilities and teaching materials. High levels of poverty, early marriages, undue emphasis on educating boys at the expense of girls due to patriarchal norms, financial contributions from parents to defray edcuational costs and the realties of high unemployment levels, all undermine the benefits of formal education and were said to account for the school dropout rates for both boys and girls. Right to health 245. The CRM notes the disparity between Mainland Tanzania - where the constitution accords no recognition to the right to health - and Zanzibar, where there is. However, Tanzania the 2007 National Health Policy does aim to improve and sustain the health status of Tanzanians. The CRM found that several projects are fully funded by donors. Dependency on foreign aid to run the health sector poses challenges that can lead to poor implementation and unsustainable health policies, eroding registered gains. 246. The Zanzibar health service is based on primary and secondary health care, as well as referral health services. The introduction of a cost-sharing programme brought health services closer to the people. Government successfully improved health service-based anti-malarial care, and the situation in Zanzibar changed from high to low endemicity.22 Given that this programme was largely donor-funded, the CRM is concerned about the sustainability of these gains. 247. Drawbacks preventing citizens from enjoying their health rights are: inaccessible health facilities which are also unequally distributed; a lack of clearly-defined free care delivery23 strategies to bring medical care to special groups such as pregnant women, children under five, and elderly persons; the shortage and lack of qualified health workers; increasing incidence of communicable diseases such as cancer, strokes, diabetes, and tuberculosis; and, poor service delivery. 22 23 Budget Speech, pp.24-25, Ministry of Health and Social Welfare, July 2010. See also LHRC Annual Report 2010, p. 364. LHRC Annual Report 2010, p. 111. 67