UniFiji calls for a radical transformation of the Education Act in the interests of modernization, child protection and comprehensive education

The University of Fiji’s Review of the Education Act 1966- Aspirational to Action, Transforming Education through Legislative Reform: Submissions to the Law Reform Commission and the Ministry of Education.

The University of Fiji is pleased to announce the completion of its comprehensive review of the Education Act 1966. The final submission was made to the Fiji Reform Commission and the Ministry of Education today.

In its submissions the University of Fiji Vice Chancellor Professor Shaista Shameem thanked the Ministry of Education and Fiji Law Reform Commission for initiating the review and prioritizing the future education in Fiji.

“As a significant higher education institution, with campuses in Saweni, Ba and Samabula, and an office in Levuka, the University hopes that its recommendations, reached after a significant period of consultations with its stakeholders, will be helpful to the Ministry as it moves towards enacting a 21st century modern educational service for the development of the nation, especially focused on young people”, she said.

The submission aligns Fiji’s international commitments to the right to education as well as to the 2013 Constitution and national development goals. The submission recommends adopting a policy so that no child is excluded or left behind due to a flawed or ineffective system. The University said that all children deserved an education system that empowers, protects, supports and uplifts and are not hampered by system failures or outmoded legislation.

Professor Shameem said that the authorities needed to ensure that the Education Ministry was properly resourced to provide a holistic and human values-based education for Fiji’s young people as they were the future of the nation.

Significant recommendations from UniFiji include:

a) Compulsory Schooling from age 5 – 18 or year 12/13 equivalent.

• Mandate compulsory schooling from age 5 until completion of Year 12 or 18 years, whichever comes first;
• Impose a statutory duty on parents and legal guardians to ensure that their children are enrolled in school and regularly attend classes;
• Include all geographical areas of Fiji under compulsory free education, without exclusions.

b) National Curriculum- Mandate a robust and relevant national curriculum and ensure that key learning areas, starting from primary schools, are prescribed and that the curriculum is age appropriate, inclusive, culturally sensitive and responsive, and have integrated critical thinking, digital literacy, financial literacy, climate education, civic responsibilities and basic legal education. The national curriculum must be monitored regularly and reviewed every 2 years by an independent and permanent Education Commission established for the purpose.

c) Truancy Prevention & Enforcement- Ministry to appoint & empower “Attendance Watch Officers” to actively monitor public spaces during school hours daily to identify school age children who are not in class without lawful reason and escort them back to school or home. This will also significantly reduce drug & sexual related offences involving children and young people in Fiji, which is a growing concern. Work closely with schools and legal guardians to ensure the children are closely monitored throughout the hours of school.

d) Integration of Education Act 1966 & Higher Education Act 2008- proposed to be replaced by a single combined overall legislation, “Education Act”. This overall legislation should cover the entire education system of Fiji from Early Childhood to Tertiary. Also, re-designate the Higher Education Commission as a dedicated Department under the Ministry of Education with appropriately qualified and experienced educators at all levels. This will ensure that there is proper governance, policy consistency, oversight and legal alignment across all levels of education in Fiji.

e) Health, Safety & Well-being – Place a legal obligation on schools to provide a safe and supportive learning environment, mental & wellbeing support (including access to free trained counsellors or psychologists in each school), and an emergency preparedness unit. Also mandate provision of free school meals (breakfast and/or lunch) to ensure all children have access to at least one nutritious meal a day.

f) School Retention & Performance- Mandate early intervention and catch-up programs to identify and support students at risk, improve performance and reduce drop-out rates through early tailored learning & support programmes.

g) Teacher Quality & Development- review standards for teacher qualifications, registration performance development and evaluation. Re-introduce school inspectors.

h) Governance & Accountability- Strengthen governance and accountability provisions in the Education Act (including management of schools). The Act must clearly outline a clear reporting and decision-making structure to ensure accountability and operational efficiency and to create a more responsive, accountable, adaptive, impactful, effective and transparent education system in Fiji

i) Rights-based Approach to education- ensure that children’s best interests and right to education are the heart of the new education system. Ensure alignment with constitutional guarantees, international obligations of Fiji and dignity, inclusion and equity as core principles;

j) Attendance Management- Introduce a framework to actively monitor student absenteeism, with mandatory thresholds (e.g. 5–10 consecutive days or excessive absences) that trigger early intervention, parental engagement, referrals to the Ministry and compulsory school attendance responses.

k) Discipline in Schools- Empower the Minister to issue guidelines for fair discipline codes to enhance classroom conduct with fewer disruptions, and promote a respectful learning environment which is crucial for student success. Implement reasonable disciplinary measures which allow students to learn from mistakes.

l) Establish an Independent Authority to evaluate legislative effectiveness- responsible for systematically collecting, analyzing and reporting data on identified key performance indicators such as access, equity, student learning outcomes, absenteeism, infrastructure, teacher effectiveness, retention rates, implementation and impact of prevention and intervention programs, to suggest future reforms, budget planning, resource management and stakeholder accountability. Reports should be made publicity available for transparency and public confidence. The proposed standing Education Commission can be the independent authority.

m) School inspections- to be carried out annually to ensure compliance with safety, health, infrastructure and requirements of the Act. If breaches are identified, to take appropriate enforcement action and impose penalties.

n) Inclusive Education- ensure that every child differently-abled child or with learning/special needs has access to quality education through mainstreaming or designated special schools, based on the individual’s needs after consultation with parents/legal guardians.

o) Offences & Penalties- Clearly outline and prescribe offences under the Act, including but not limited to, parents or legal guardians’ failure to enroll and ensure attendance, operating unregistered schools, vesting of qualified school management, obstruction of authorized officers, failure to comply with corrective plan (post inspections), failure to comply with requirements for student health, safety and well-being or any other breaches under the Act. Prescribe appropriate penalties, such as fines, prosecution, suspension of licences etc which should be proportionate to the nature and severity of each offence.

Professor Shaista Shameem said that the University’s comprehensive review of the education sector had identified critical shortcomings and gaps in the current Education Act. This is due to the evolving needs of Fiji’s future including in leadership, educators and society as a whole. She said that the current legislation no longer reflects the realities of our classroom, rights of our children and ambitions of our nation.
The legislative gaps are not minor- they are systemic which require a transformative reform.
The University’s submissions do not proposed merely a legal update but a bold and necessary re-alignment of Fiji’s education system with the needs of every Fijian learner, modern expectations and Fiji’s international obligations. Each recommendation, from mandating compulsory education, early intervention models, annual school inspections, emergency protocols to embedding mental health & wellbeing, nutrition, sanitation, infrastructure, is aimed to build a system that protects, empowers and supports young people from the age of 5 years to tertiary.
It represents a national investment in Fiji’s future to build a resilient, inclusive, future-ready, knowledge-based, adaptive, rights-based, sustainable quality-focused and learner centered education system. Every child deserves more than access to education, they deserve a system that protects and works for them, Professor Shameem said.