The Ghana National Council of Private Schools (GNACOPS) has petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to halt the 30% priority placement quota for public senior high schools.
According to the Executive Director of GNACOPS, Obenfo Nana Kwasi Gyetuah, this policy denies students from private schools equitable access to top public institutions. It infringes on constitutional provisions regarding fairness and equality in education.
Private Education is Legal and Constitutionally Backed
Obenfo Gyetuah emphasized that private education in Ghana operates within legal boundaries, enshrined in the 1992 Constitution.
He pointed out that private schools have not only adhered to these constitutional provisions but have also delivered positive educational outcomes.
“The activities of private education in Ghana [are] not illegal activities. It’s activity that has the constitutional backing, and more specifically, the Article 25, Clause 2, actually puts a responsiblity and legal obligation on individuals who set up a school.”
Obenfo Nana Kwasi Gyetuah Executive Director of GNACOPS
He questioned why such adherence and contributions should result in a policy that seemingly penalizes private school students by restricting their admission opportunities.
Criticism of the 30% Quota Policy
The Executive Director expressed strong reservations about the justification provided by the Ministry of Education for the 30% quota system.
Against this backdrop, the Ministry of Education’s action is perceived to have affirmative action underpinnings as well as a social intervention motive, arguing that the policy ensures a just distribution of resources to underserved public schools.
However, Obenfo Gyetuah dismissed this reasoning as flawed and misplaced thus choosing meritocracy over any social interventions.
“So, for the Ministry to justify this approach on the mere basis that they have not been able to provide adequate educational resources to the public education community; And for that matter their efforts are not completed if they don’t give them a 30% Perecentage [allocation], we see it as a misplaced decision and for that matter, it must be taken out of the context.”
Obenfo Nana Kwasi Gyetuah Executive Director of GNACOPS
GNACOPS has filed a formal petition with CHRAJ, invoking Article 218 of the Constitution, which has the sole mandate by constitutional provision to probe human rights matters.
Abolition of the 30% Quota Policy
“[We have asked] that CHRAJ investigate this complaint that we have already made and two, to immediately sanction the abolition of the 30% allocation to the Category A schools immediately. So that, the ministry of education as [would be in the best position] to be able to implement such Policy.”
Obenfo Nana Kwasi Gyetuah Executive Director of GNACOPS
The council is urging the Ministry of Education to collaborate with stakeholders to design a fairer system for school admissions.
According to Obenfo Gyetuah, Education in Ghana ought to be merit-based and admission policy should be implemented to ensure fairness in our educational system.
The petition demands an investigation into whether the quota policy infringes on the rights of private school students.
Private Schools’ Contributions Overlooked
Obenfo Gyetuah also criticized the lack of recognition for private schools’ contributions to national education.
He argued that private schools are integral to the system, accommodating about 70% of students in certain areas, and should not be marginalized.
“When you go to certain communities you would [not] see the Public schools in those areas and for that matter parents in those areas are not chosing Private schools as a mere luxury but a necessity. Because that is the only source of education that they have. So, coupled with other legal obligations and legal provions enshrined in our constition, we [have seen] the kind of action taken by the ministry… [so] we have concluded in the sense that we need to take bold step to petition CHRAJ which we have done.”
Obenfo Nana Kwasi Gyetuah Executive Director of GNACOPS
He also noted that infrastructure issues, such as inadequate textbooks and desks in public schools, cannot justify the continued implementation of the 30% quota system.
Planned Legal Action
While expressing confidence in CHRAJ’s proactive approach to resolving the matter, Obenfo Gyetuah outlined the council’s contingency plans.
“However we have alrready articulated that, within the end of this month, if further engagements have not been made and we have not gotten any conclusive ideas from CHAJ, it serves as a 30 days notification that we have to qualify to notify the Attorney General and proceed to the High Court to invoke the jurisdiction of the high court in this human rights issues.”
Obenfo Nana Kwasi Gyetuah Executive Director of GNACOPS
GNACOPS remained resolute in its demand for a merit-based educational system that promotes fairness and inclusivity.
The council believes that abolishing the 30% priority placement policy is essential to protect the rights of private school students and uphold constitutional principles.
As the debate continues, stakeholders in the education sector, including public school advocates and policymakers, are expected to weigh in on this contentious issue.
For now, GNACOPS has set its sights on achieving a just and equitable resolution through dialogue and legal avenues.
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