THE MERITS OF FREE EDUCATION IN ZAMBIA

By Dr O’Brien Kaaba

The Zambian government, in 2021, introduced free education for primary and secondary education. In 2026, through the enactment of the Education (Amendment) Act, the government took legislative measures to turn the standard of free education into a binding legal norm. As a result, children attending childcare, primary and secondary schools in public institutions are not required to pay admission, tuition or accommodation fees. The benefits of the policy are self-evident: more than 2.5 million additional learners have been enrolled or retained in school; a huge financial burden has been lifted off the shoulders of parents; and the lives of many children are being transformed for the better by simply having an opportunity to remain in school. To support the free education policy, government has since 2022 employed more than 34,000 teachers (the highest teacher recruitment in the history of the country), more than 850,000 desks have been delivered to schools, and the government has constructed more than 3,500 new classrooms.

However, in recent weeks and months, the free education policy has been heavily criticised by some people, for various reasons, often arguing that it was prematurely implemented and should either be stopped or scaled down until available infrastructure and learning equipment is able to comfortably serve the learners. Cephas Lumina, for example, in an article published by the Mast newspaper on 16 July 2026 entitled “Free Education in Zambia: The gap between the UPND’s claims and the classroom reality” strongly criticises the free education policy, in part stating: “The UPND opened the gate quickly. But in too many places, classrooms, teachers, desks, laboratories, sanitation facilities and learning materials did not expand at the same speed.”

I argue in this article that although the free education policy may have some implementation challenges, the approach is consistent with international human rights standards and must be lauded and all efforts must be geared towards its improvement rather than its destruction.

The starting point is that education is a right. No child should be left out. Arguments implying that some children should only be allowed to access education when the infrastructure or equipment is adequate are an antithesis of the right to education and turn education into a privilege for a few instead of a universal right claimable by all. The right to education is enshrined in several international human rights treaties. Article 13(1) of the International Covenant on Economic, Social and Cultural Rights 1966, for example, imposes a duty on states parties to “recognise the right of everyone to education.” The African Charter on the Rights and Welfare of the Child 1990 is more explicit about the right to education for children. Article 11(1) emphatically states that: “Every child shall have the right to education.” The phrase “every child” entails that no child should be left out. Education is not just for some children but every child. And the use of the word “shall” means education is mandatory. According to General Comment No 9 on Article 11 of the African Charter on the Rights and Welfare of the Child on the Right to Education (2025), the phrase “shall” “makes the right to education superlatively mandatory” and “enforces the fact that access to education is an absolute right of every child.” Because education is mandatory, states parties have an obligation to enact laws to ensure basic education is free. By enacting free education into law, the Zambian government fulfils this obligation.

Education is not only a right in itself but impacts the enjoyment of other rights. General Comment No 13 on the Right to Education (1999) recognises that “education is both a human right in itself and an indispensable means of realizing other human rights” and that education, as an empowerment right, is “the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities.”

The merits of education as a vital mechanism for “empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth” are well documented. Beyond its practical value, the General Comment No 13 has noted that education is a value in itself that enhances the quality of human existence: “a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.”

It goes without saying that the free education policy is not a magical wand that can transform the education sector overnight and wipe out all the challenges. There is still need for more teachers, for adequate classrooms, and for teaching aids and materials. As is already well known, the normative content of the right to education is availability, accessibility, acceptability and adaptability.

The enjoyment of human rights is always work in progress and there is no country that has a perfect human rights record. However, every step taken to make education a reality to all, especially the poorest and most marginalised in society, is a positive step that deserves commendation. Every step in the right direction should be celebrated and unfounded criticism that seek the destruction of making education accessible to all, however imperfect the circumstances, must be condemned as inconsistent with human rights standards. As General Comment 13 noted, retrogressive measures in relation to the right to education are impermissible. As a country, we can only seek to improve on the current system and not seek its destruction and turn education into a privilege accessible only to those with means.
(the author teaches law at the University of Zambia)

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