Educational Research (ISSN: 2141-5161) Vol. 2(8) pp. 1431-1437 August 2011 Available online@ http://www.interesjournals.org/ER Copyright © 2011 International Research Journals Full Length Research paper A reflection of human rights issues in the junior and senior secondary school social studies syllabi (curricula) of public schools in Botswana: views of inservice teachers at the University of Botswana Koketso Jeremiah BOX 404594 Gaborone, Botswana, Telephone: (267) 355 2972, Fax: (267) 318 5096 Email: jeremiahk@mopipi.ub.bw Accepted 25 July, 2011 This study reports an investigation of the coverage of human rights by the junior and senior secondary school Social Studies syllabi (curricula) of public schools in Botswana. Initially, a document analysis of the two syllabi revealed that the coverage in the junior secondary school Social Studies syllabus was in the ratio 1:35 and 2.8 in percentage. In the case of the senior secondary Social Studies syllabus, the ratio was 1:38 and the percentage coverage was 2.6. The study surveyed 12 inservice Social Studies teachers enrolled for the B.Ed. (Secondary) degree at the University of Botswana. The study sought to investigate the views of the sampled inservice teachers on the coverage of human rights in the junior and senior secondary school Social Studies syllabi as revealed by document analysis. The study revealed that the sampled teachers knew the definition of human rights, and as it would be expected, they had various definitions which differed only in wording, but in essence they were basically the same. Furthermore, the study revealed that the inservice teachers knew the importance of studying human rights in junior and senior secondary schools, and the difference between human rights and civil rights. On the coverage of human rights on the two syllabi, respondents said it was low and suggested that it be increased. Respondents also made various comments as to the status of the coverage of human rights by the two syllabi. However, the most outstanding comments were: (1) Human rights were so important that they needed to be protected and those who violated them should be severely punished; and (2) Human rights should be effectively taught so that students should thoroughly understand them. The findings had implications for a variety of stakeholders in the education system including teachers, education policy makers and teacher training institutions. Keywords: Syllabi, public schools, human rights, civil rights, Botswana. INTRODUCTION Human rights are entitlements that every human being is entitled to because of being human. Examples include: right to life, liberty, security of persons, freedom from slavery or servitude, freedom from torture or cruel, inhuman or degrading treatment or punishment, and right to recognition of someone as a person before the law. Human rights are very important to humanity because if respected they act as the basis for freedom, justice and peace throughout the world. Once they are respected by the international community, human rights promote an array of development spheres, for example, social, political, and economic development resulting in the improvement of people’s standards of living (Isa and Feyter, 2006; Universal Declaration of Human Rights 1848-1998, 2008; Mihr, 2009; Ishay, 2004). This paper discusses the fact that the junior and senior secondary Social Studies syllabi or curricula in Botswana do not sufficiently deal with or cover the topic human rights. It draws evidence from document analysis and interviews with teachers. It is important to point out at this juncture that respect for human rights will definitely ensure that peace is achieved and maintained through the world 1432 Educ. Res. (Lucas, 2009; Heistein, 2009; Harrison, 2011). The syllabus or curriculum is an essential vehicle that can be used to transmit knowledge and repect for human rights throughout the world. The issue about coverage of humjan rights by the Social Studies syllabi in Botswana is just a starting point in that direction. This paper deals with the theories of studying or understanding human rights and the views of teachers as evidence that the topic human rights is not sufficiently dealt with or covered in both the junior and senior secondary schools’ Social Studies syllabi, with particular reference to Botswana. Theories of studying/understanding human rights There are many theories of human rights. As a result, only two of these will be discussed here. The first one is a pure theory while the second one is not a theory per se but a list of elements that the author considers inportant for any theory of rights that is designed to be comprehensive. Hohfield’s theory of Rights – An Example of a theory on human rights In his theory, Hohfield (Rainbolt, 2001) distinquishes between eight related elements (called relations) within the rights domain and they are: claims, duties, liberties, no-claims, powers, liabilities, immunities and disabilities. These terms, according to Hohfield, coincide with legal usage, that is, when used in legal language they suit well. This Hohfieldian terminology is vital in that it allows scholars and other interested readers to clearly distinguish between different kinds of rights and hence avoid confusion that arises in the classification of rights. Hohfield’s theory is explained by referring to the owner of a truck who has a claim against others that they do not drive his/her truck; others have a duty to the owner of the truck that they do not drive the truck. All Hohfieldian elements or relations, as they are typically called, consist of three parts or components: two agents and a content. An example Hohfield gives to illustrate the operation of claims and duties in the real world is as follows: Madeline has a claim with respect to Geoff that Geoff not drive Madeline’s truck. In this example, Madeline and Geoff are the agents and the content is “that Geoff not drive Madeline’s truck.” Geoff has a duty not to drive Madeline’s truck. Claims and duties correlate, hence they are referred to as correlatives. The driving of Madeline’s car by Geoff, the action, is the content. If Madeline sells or gives Geoff a pass to drive her truck, then that pass grants Geoff a liberty to drive Madeline’s truck. As a result of the pass, Madeline now has a no-claim with respect to Geoff. Just like the relationship between claims and duties, liberties and noclaims are correlatives. Rainbolt (2006) succinctly summarizes this relationship when saying: “X has a liberty with respect to Y that X do A if only if Y has a noclaim with repect to X that X do A”(p2). Furthermore, Madeline can change Geoff’s duty to refrain from driving her truck into a liberty do drive her truck; she has the power to do so. Geoff has the reponsibility to have his duty to refrain from driving Madeline’s truck changed into a liberty to drive the truck; this responsibility, which is also, to a certain extent, risky, is termed liability (Rainbolt, 2006). A liability is a situation that has the potential to put the culprit into trouble, if not, precarious condition. Immunity exists when one cannot change another person’s relation. For example, suppose Madeline and Geoff do not know each other, that is, they are strangers, would she allow Geoff to drive her car with a self imposed liberty? Such a move would be illegal. Since an act of that nature conducted by Geoff could not change Madeline’s position of not allowing Geoff to drive her truck, then Madeline enjoys immunity to Geoff’s intention. Put in another way, Geoff’s inability to give himself liberty to drive Madeline’s truck can also be termed disability, because he is unable to do it. Hohfieldian vocabulary is very useful as it allows readers, researchers, human rights scholars, and others to distinquish between various types of rights, for example, claim-rights, immunity-rights, liberty-rights, and powerrights (For more on these, see Wellman, 1985). (Hohfield’s theory appears in his book entitled Fundamental Legal Conceptions, published in 2001.) Another author who has written widely about rights is Feinberg (1973). Feinberg, like other scholars on human rights, has distinquished institutional rights from noninstitutional rights. According to Feinberg, institutional rights are entitlements created by institutions such as states, corporations, clubs and games.Human rights created by institutions are created by law, which is also an institution, although in a sense different from the perspective in which institions such as corporations and states are viewed. (It is hoped that the reader will understand this distintion without problems.) Noninstitutional rights exist independent of, or are not associated with, institutions. Non-institutional rights are subdivided into several categories, for example, they include conventional rights (those created by custom, such as rules governing formation of a line or queue at a ticket counter) and moral customs of a culture (for example, in some cultures a man has a conventional right to practise polygamy, i.e. marrying many wives). Moral rights are those rights conferred on the basis of moral rules and principles (Feinberg, 1973). Understanding theories of human rights may be complex because of their (rights) philosophical nature, but it is worth acquiring if people are to understand human rights and respect them so that peace can prevail throughout the world. Sen’s (2004) theory follows below. If one considers the questions or elements of this theory each time he is reading a theory on human rights, then Koketso 1433 the theory is more likely to be understood better. Elements of a Theory of Human Rights (Sen, 2004) The elements of this theory are, in fact, a number of questions: (1) What kind of a statement does a declaration of human rights make? (2) What makes human rights important? (3) What duties and obligations do human rights generate? (4) Through what forms of actions can human rights be promoted, and in particular whether legislation must be principal, or even a necessary, means of implementation of human rights? (5) Can economic and social rights (the so-called second generation rights) be reasonably included among human rights? (6) Last but not least, how can proposals of human rights be defended or challenged, and how should their claim to a universal status be assessed, especially in a world with much cultural variation and widely diverse practice? (Sen, 2004, p318-319). Human rights are fundamentally ethical demands. They are not largely related to legal demands, so they do not always need legislation. Legislation, though necessary, is not central to the realization of human rights. If legislation is used, it is primarily on the periphery of human rights enforcement (Sen, 2004). It (legislation) protects human rights against violation. The importance of human rights lies in the fact that they are founded on freedoms, that is, freedoms are the foundation (or basis) of human rights (Sen, 2004). Human rights generate reasons for which human rights-promoting (or safegaurding) agents refer to when identifying obligations for the realization of human rights to which certain duties are attached (Sen, 2004). In short, human rights identify reasons which in turn identify obligations and there are duties attached to these obligations. These reasons can support both “perfect” and “imperfect” obligations (Sen, 2004). Perfect obligations are those that are specific such as the right not to subject others to torture. The would-be torturer simply needs to refrain or desist from subjecting others to torture. That is a straightforward demand. However, the ways in which the would-be torturer needs to do to prevent or refrain from torturing others and the suggestions that would be practically possible are not so clear; these constitute a category of obligations referred to as imperfect obligations (Sen, 2004). There are various forms of actions through which human rights can be promoted. Legislaion is obviously one of them. Others include: public discussion, advocacy and appraissal (Sen, 2004). Legislation involves enacting laws to protect the violation of peoples’ rights or citizens. Public discussion, advocacy, and appraisal are measures that are often implemented by organizations to protect the violation of human rights. Legislation deals with what is often described as the “legislation” route. In the case of protecting human rights carried out by organizations, there are two distinct ways perculiar to the type of organization involved. When the protection of human rights is undertaken by the United Nations through the enforcement of the demands of the Universal Declaration of Human Rights (1948), this is termed the “recognition” route.Non -governmental organizations such as Amnesty International and Human Rights Watch promote (or protect) human rights through activities that include support (advocacy), publicising and criticizing human rights violation. In some cases they organize public discussions so people can exchange ideas and hence understand human rights violations and devise some strategies of promoting human rights. In all these activities, appraisals are included to understand the levels of human rights violations occurring in different parts of the world. There are also some organizations, though broad in their mandates, do also promote human rights. These include OXFAM, Red Cross, Save the Children, Action Aid, and Medicins Sans Frontier. These organizations fall within what is called the “agitation” route (Sen, 2004). Human rights can include second generation rights. Some second generation rights cannot be realized because of lack of institutionalization but this does not exclude them from the domain of human rights (Sen, 2004). Second generation rights include: social, economic and cultural rights while first generation rights include: civil and political rights. Not all human rights are protected, defended or challenged. Only those human rights that survive public discussion are protected. These are human rights that the general public feels they are important and should, therefore, be respected across national boundaries or globally (Sen, 2004). Understanding the theories of human rights, the importance of human rights and ways in which they may be protected is therefore fundamental. That is why human rights are included in the junior and senior seconadry school Social Studies syllabi in Botswana and there is concern about the amount of their coverage. Coverage of Human Rights in the Junior and Senior Secondary Social Studies Syllabi/Curriculla of Botswana In the Junior Certificate Social Studies Syllabus (Ministry of Education, 1994) human rights are reflected under General Objective: 6.1.1 which reads: Understand and appreciate the basic principles of governing and the rights and obligations of the governed at the national and international levels. The specific objectives covered under this general objective are: 6.1.1.1 Identify at least 1434 Educ. Res. ten basic human values from the Universal Declaration of Human Rights, 6.1.1.2 Describe the principles of a major conflict in human values that resulted in war/armed struggle in the last twenty years, 6.1.1.3 Describe how the Front-line States and the Southern African Decvelopment Community dedicate themselves to the realisation of some basic human values or virtues, 6.1.1.4 Describe the ideal positive (based on mutual respect and reciprocity) relationship between basic human values , those who govern and the governed, 6.1.1.5 Justify the aggregation of basic human values through international organisations and/or multi/bi-lateral agreements, and 6.1.1.6 Describe the major features of Botswana’s constitution that relate to basic human rights and responsibilities. In addition, human rights issues are reflected under general objective 7.1.2 which reads: Understand the forms, content and guidelines of Botswana’s foreign policy and those for others toward her. The specific objective that reflects human rights issues in this general objective is 7.1.2.3 which reads: Explain the major principles that guide Botswana’s Foreign Policy (consideration for Botswana first, good neighbourliness/peaceful coexistence, respect for human rights, creed in non-interference in the internal affairs of another country, non-alignment, respect of territorial integrity of another state) (Ministry of Education, 1994). These specific objectives that deal with human rights are seven (7) in number out of a total of two hundred and fourty-eight (248) specific objectives in the entire curriculum or syllabus, a ratio of approximately 1:35, or proportion of 2.8%. The rest of the specific objectives, therefore, account for 97.2%. With respect to Senior Secondary Social Studies curriculum (syllabus) (Ministry of Education, 2006), specific objectives that deal with human rights are reflected in two general objectives which read: Know and appreciate citizenship obligations and be ready for effective participation at both local and national levels, and: Know and appreciate the impact of globalization on citizens and workout survival techniques. Human rights related specific objectives that belong to the first general objectives are: discuss rights and responsibilities of citizens and describe the rights and responsibilities of the state to citizens. Human rights specific objectives that belong to the second general objective are: explain the importance of the United Nations Charter of Human Rights in promoting sound citizenry and evaluate the role played by organizations such as: International Red Cross, Amnesty International, International Court of Justice, UN Peace Keeping Forces, SADC, EU, AU, etc. in sustaining human life, dignity and peace. The latter specific objective deals with organizations that work towards promoting human rights throughout the world (Ministry of Education, 2006). Specific objectives that deal with human rights are four (4) out of a total of one hundred and fifty-two (152) specific objectives in the entire curriculum (syllabus), a ratio of approximately 1:38, or proportion of 2.6%. The rest of the specific objectives, therefore, account for 97.4%. Statement of the Problem Document analysis in the preeceding section shows that specific objectives that reflect human rights account for 2.8 and 2.6% in the Botswana Junior and Senior Secondary School Social Studies Syllabi, respectively (Ministry of Education, Botswana, 1994; Ministry of Education, Botswana, 2006). This study seeks to find out the views of teachers on the coverage/reflection of human rights in these two syllabi/curricula with regard to these low coverage proportions or percentags. Research Questions 1. What do teachers understand by the term human rights? 2. What is the importance of studying human rights in secondary schools in Botswana? 3. What is the difference between human rights and civil rights? 4. Do teachers think the current coverage/reflection of human rights in the junior and senior secondary school Social Studies curricula is fair or adequate? METHODOLOGY A sample of 12 inservice teachers doing their fourth and final year B.Ed (Secondary) degree was drawn. These teachers had teaching experience in junior secondary schools which averaged five (5) years. So, they were adequately experienced. They all held a Diploma in Seconadry Education which they had obtained from Colleges of Education. They were enrolled largely to upgrade their academic knowledge so that they could perform better and at a higher level once they have completed their studies. A questionnaire was administered to the respondents. The questionnaire had five (5) questions, all designed to capture qualitative data. RESULTS AND DISCUSSIONS Understanding the term Human Rights The respondents gave varied answers to the question on definition of human rights. They defined human rights as shown on Table 1. The responses in Table are saying the same thing, although expressed in different ways: that human rights are entiltlements that human beings enjoy simply because they are human. Koketso 1435 Table 1: Definitions of human rights Definition (a) Human rights is when individuals have the Liberty to enjoy themselves without any Disturbance from the state [country] which Is governed (b) Rights which are accorded to every individual Across the universe regardless of race, status, Language and country of origin (c) Entitlements that people enjoy because they Are human beings; individuals are protected By these rights to live a full normal and safe life (d) Basic (natural) rights that all people are entitled To; God given rights; natural rights that we are Born with (e) Things that give an individual a set of rules of How to live; guidelines for a democratic society (f) Rights which try to help individuals to enjoy Freedom (g) Laws that cover human nature, protect and provide Equality and fairness in treating or dealing with Human nature (h) Basic necessities that give us our worth as individuals. They have to do with enjoyment of one’s freedom Without hurting other people so that there is peace Frequency (f) 1 Percentage (%) 8.3 1 8.3 2 16.7 4 33.3 1 8.3 1 8.3 1 8.3 1 8.3 The importance of studying human rights in junior and senior secondary schools in Botswana All respondents (100%) said it was important that human rights be studied in junior and senior secondary schools in Botswana. All respondents gave basically the same reason, though in varying expressions. They said that it was important for human rights to be studied so that they (students) could practice them or guard against their violation by other people. The following are examples: “It is important to be taught, students will be able to exercise them and not impingy on another person’s rights.” “Because it will help students know their rights and what they are entitled to. They will also help protect students from abuse and oppression.” “I think it is of paramount importance to secondary school students as they will grow up with the knowledge of human rights and be able to practice them.” “Because people/students are made aware of their rights as it is common for people to violate each other’s rights.” “This ensures peace and justice to human kind and by studying them students will ensure that their rights are not violated one way or another.” The difference(s) between human rights and civil rights Respondents were asked to differentiate between human rights and civil rights. All (100%) respondents gave typically the same answer although varied in expression. They said that human rights are those entitlements accorded an individual because of being human. The following are examples of their responses: “Human rights are those rights accorded to every indivindual regardless of origin, race, etc. while civil rights are those rights or entitlements given to a citizen of a country.” “(They) are entitlements enjoyed by all humans regardless of race, gender, etc. while civil rights are 1436 Educ. Res. specific to a certain country only enjoyed by citizen(s).” “Human rights are the same in the whole world, every person in the world, have the same rights whereas civil rights are formulated by the legislature, thus civil rights vary from one country to another.” “This [these] are God given and civil rights are government given, civil right(s) might differ from one country to the next whereas human rights do not differ.” “Human rights are rights enjoyed by everyone globally while civil rights [are] enjoyed by people of a particular country.” “Civil rights are our rights as citizens, the rights we are entitled to, whereas human rights are our natural, born rights.” “Human rights are what [entitlements] each individual must enjoy while civil rights are what [entitlements] a citizen must enjoy from the state.” Civil rights are protected by the constitution, and they include: protection of a person against disrimination on the basis of factors such as race, gender, national origin, religion, and sexual orientation. The respondents were corect when they said civil rights were those rights enjoyed by citizens of a particular country. Coverage of human rights in the Botswana Junior and Senior secondary school Social Studies Syllabi/Curricula Document analysis indicates that human rights are covered in the Botswana Junior secondary Social Studies syllabus and the senior secondary Social Studies syllabus in the proportions 2.8 and 2.6%, respectively. Respondents were asked if this was a fair coverage, and to give reasons for their responses. Most respondents (11 or 91.7%) responded that the coverage in both syllabi/curricula was not fair and gave several reasons, basically (summarized) the following: (a) More time should be allocated to the teaching of human rights in the syllabus. (b) Increase coverage of human rights in the syllabus or alteranatively, human rights should be infused in all subjects so that students should not think the human rights concept is confined only to Social Studies. (c) Human rights should given a higher percentage of coverage as at this stage students’ understanding of human rights has improved. One respondent (8.3%) said for the junior secondary syllabus the coverage was fair since students only needed to learn the basics of human rights at that stage or level. In the case of coverage of human rights in the senior secondary syllabus, the respondent said: “No, not enough is covered”, implying that the percentage coverage at that level needed to be increased. Comments from respondents The last question invited comments from the respondents, vis-à-vis the items on the qesionnaire or any issue that related to the study. The respondents came up with varied comments, which include the following: (a) “Human rights are very important to us because they give us our dignity and self-esteem.” (b) “Human rights is [are] a critical issue so it need [needs] to be effectively and efficiently taught in schools so that pupils could relate and know human rights issues relating to them and the world as [at] large.” (c) “In deep democracy human rights are not suppressed with the use of the armed forces.” (d) “Human right is a very important topic; hence it should not be taught in an abstract manner.” (e) “Stern action should be taken to [against] those who violate human rights.” (f) “Human rights should be effectively taught in schools to help students understand themselves and their surroundings.” These statements emphasize the importance of huma rights and urge us to know them and respect or protect them. The statements further warn us against violating human rights and suggest that those caught violating them should be punished. CONCLUSION All respondents defined the term ‘human rights’ appropriately even though they used varied terminology or expressions. Though they used different expressions, repondents gave the true essence of the importance of studying human rights in junior and senior secondary schools in Botswana: that they (respondents) needed to know their rights so that, in the course of practising them, they could guard against their (rights) violation by others. Respondents were able to differentiate between human rights and civil rights – that human rights were those entitlements accorded an individual because of being human and that civil rights were accorded an individual by the laws of the nation to which he/she was a citizen. Laws in this context refer essentially to constitutions. As to whether the coverage of human rights in both the junior and the senior secondary school Social Studies syllabi/curricula was fair, most respondents said it was not fair and recommended, among others, that the coverage (percentage/proportion) should be increased to enhance students’understanding of human rights, and inadvertently, civil rights. Additional comments from the respondents underscored the importance of human rights to students, who are future citizens (and leaders) of any Koketso 1437 nation. The theories of Sen (2004) and Hohfield (2001), and others (for example, Feinberg, 1973), if understood, can greatly enhance the understanding of human rights in the context in which they have been dealt with here and also in similar contexts outside this sphere of human rights. Implications of the findings The findings of this study have implications for teachers, teacher education/training institutions, policy makers and other interested persons and readership. The folowing are some of the identified implications: 1. Teachers should, where possible, and if the education policy allows (or other factors, for example, time constraints), add (infuse) more issues of human rights as they teach Social Studies. 2. Some teachers have suggested that human rights issues be taught across subjects in all public junior and senior secondary schools. 3. Teachers should influence policy makers, through an appropriate forum, to include more human rights issues as part of curricula reform. 4. Teacher training institutions should ensure that all teacher trainees of Social Studies, both pre-service and inservice take courses on human rights issues before they graduate. REFERENCES Feinberg J (1973). Social Philosophy. Englewood Cliffs, NJ: PrenticeHall. Harrison J (2011). Human Rights Measurement: Reflections on the Current Practice and Future Potential of Human Rights Impact Assessment. J. Human Rights Pract. 3(2):162-187. Heistein J (2009). Global Youth Connect: A model of youth activism on behalf of human rights, education and health. Couns.Psychol. Q. 22(1):41-46. Hohfield WN (2001). Fundamental Legal Conceptions as Applied in Judicial Reasoning. Burlington, VT: Dartmouth Publishing Company and Ashgate Publishing Limited. Isa FG, Feyter K (Editors) (2006). International Protection of Human Rights: Achievements And Challenges. Bilbao: University of Deusto. Ishay MR (2004). What are human rights? Six historical controversies. J. Human Rights. 3 (3): 359-371 Lucas AG (2009). Teaching about Human Rights in the Elementary Classroom Using the Book A Life Like Mine: How Children Live around the World. The Social Studies. Pp. 79-84 Mihr A (2009). Global Human Rights Awareness, Education and Democratization. J. Human Rights. 8:177-189 Ministry of Education, Botswana. (1994). Three-year Junior Certificate Social Studies Syllabus.Gaborone: Government Printer. Ministry of Education, Botswana. (2006). Botswana General Certificate of Secondary Education Teaching Syllabus: Social Studies. Gaborone: Government Printer. United Nations General Assembly. (2009). Universal Declaration of Human Rights 1948-1998. Available at: http://www.udhr.org/UDHR/udhr.HTM [Accessed 7/21/2010]. Sen M (2004). Elements of a Theory of Human Rights. Philosophy and Public Affairs. 32(2):315-356. Rainbolt GW (2006). Rights Theory. Philosophy Compass 1. 300:1-11. Wellman C (1985). A Theory of Rights: Persons under Laws, Institutions, and Morals. Totowa: Rowman and Allanheld.