This issue of the INTERIGHTS Bulletin focuses on litigating the right to education in Africa. It includes the following articles:

Litigating the Right to Education: Editorial
Solomon Sacco and Susie Talbot

Africa and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Malcolm Langford and Rebecca Brown

Litigating the Right to Universal Primary Education: Challenges and Prospects
Iain Byrne

Toward Recognition of the Right to Free Education in Colombia
Esteban Hoyos-Ceballos and Camilo Castillo-Sánchez

Expropriation as a Means to Protect the Right to Basic Education: The Case of a Farm School on Private Property Facing Eviction
Dmitri Holtzman

Lessons from Litigating Universal Primary Education in Swaziland
Ruchi Parekh

Developing a Litigation Strategy Regarding Non-Fee Barriers to Equal Access to Free and Compulsory Education for Children in Kenya
Hellen Mutellah

Litigating the Expulsion of Pregnant Girls
Solomon Sacco

Tactics to Secure the Right to Education for Children Living with Albinism in Kenya
Gertrude N Angote

Dzvova v Minister of Education, Sports and Culture & Ors
Bellinda Chinowawa

Republic v Head Teacher, Kenya High School, ex parte SMY
Charlotte Leslie

The Legal Way of Doing Things: The Competing Powers of School Governing Bodies and Education Authorities in South Africa
Karabo Ngidi

The ECOWAS Decision on the Right to Education in SERAP v Nigeria
Adetokunbo Mumuni and Chinyere Nwafor

Advancing the Right to Education Through the Communication Procedure in the African Committee of Experts on the Rights and Welfare of the Child
Charlotte Leslie

Around the world, higher education communities are overwhelmed by frequent attacks on scholars, students, staff, and their institutions. State and non-state actors, including armed militant and extremist groups, police and military forces, government authorities, off-campus groups, and even members of higher education communities, among others, carry out these attacks, which often result in deaths, injuries, and deprivations of liberty. Beyond their harm to the individuals and institutions directly targeted, these attacks undermine entire higher education systems, by impairing the quality of teaching, research, and discourse on campus and constricting society’s space to think, question, and share ideas. Ultimately, they impact all of us, by damaging higher education’s unique capacity to drive the social, political, cultural, and economic development from which we all benefit.

Through its Academic Freedom Monitoring Project, Scholars at Risk (SAR) responds to these attacks by identifying and tracking key incidents, with the aim of protecting vulnerable individuals, raising awareness, encouraging accountability, and promoting dialogue and understanding that can help prevent future threats. Since 2015, SAR has been publishing Free to Think, a series of annual reports analyzing attacks on higher education communities around the world.

Free to Think 2021 documents 332 attacks on higher education communities in 65 countries and territories. This year was marked by the ongoing COVID-19 pandemic, which has claimed more than five million lives. For higher education, the pandemic continued to disrupt academic activity, keeping many institutions in remote states of operation and suspending most academic travel. For scholars and students, the pandemic also continued to raise questions, concerns, and criticisms about state responses to public health crises, government accountability, and societal inequities. Scholars and students took on these issues in the classroom and more public venues, in-person and online, asserting their academic freedom and their rights to freedoms of expression and assembly. They also responded to acute and more long-standing political conflicts, from Myanmar’s coup to the steady erosion of human rights in Turkey, demanding civilian led government and the protection of fundamental freedoms. Frequently, however, individuals and groups opposed to their questions and ideas sought to silence them.