A/66/269 2. National legislation and budgetary allocation for basic education 28. The Committee on Economic, Social and Cultural Rights has underlined the importance of national legislation for giving effect to State obligations. 26 National legislation developed in many countries, often in the context of the Education for All process, contains important provisions for financing basic education, establishing minimal levels of financial support and responsibilities in that regard. Recent developments that can be cited as practical examples are described below. 29. In South Africa, basic education is a constitutional right. The South African Schools Act, 1996 provides that “subject to the Constitution and this Act, the Minister must determine norms and minimum standards for the funding of public schools after consultation with the Council of Education Ministers, the Financial and Fiscal Commission and the Minister of Finance” (para. 35). 30. In Nigeria, the Act on Compulsory Free Universal Basic Education, 2004, which provides for nine years of compulsory basic education, establishes the Universal Basic Education Commission, entrusted with the task of implementing the right to basic education and with the provision of resources. The universal basic education programme is financed by 2 per cent of the Consolidated Revenue Fund. 31. In Argentina, the National Education Law No. 26.206 of 2007 provides that the resources for education shall be increased to 6 per cent of GDP in 2010. The Law lays down a right to compulsory schooling from the age of 5 until the completion of secondary education (art. 16). 32. In Mexico, the General Law on Education, revised in 2003, provides for 8 per cent of GDP to be allocated to public education and education services (art. 25). It is reported that this contributed to an increase in support to education. 33. In India, policies for financing basic education have emanated from national legislation, as exemplified by measures being taken for the implementation of the Right of Children to Free and Compulsory Education Act, 2009. An exponential increase in expenditure on education in the country’s five-year plan is reported as a consequence of this framework. 34. In Senegal, Law 91-22 of 1991 on the orientation of national education, modified in 2004 by Law 2004-37, institutes compulsory schooling for all children aged between 6 and 16, which is free in all public schools. The recognition of the duty to provide education was reportedly followed by an increase in national investment to nearly 40 per cent of the national budget. 35. In Kenya, the adoption of the Children’s Act of 2001 and of education strategies for the 21st century underlined the core commitment to universalize primary education. It is reported that resource allocations to education have increased significantly as a result of that commitment. 36. In China, the Compulsory Education Law, as amended in 2006, provides for nine years of basic education. It guarantees that basic education will be financed by the State Council and local people’s governments. The National Plan for Medium __________________ 26 11-44589 Committee on Economic, Social and Cultural Rights, General Comment No. 3, para. 3: “The means which should be used in order to satisfy the State obligation to take steps are stated in article 2 (1) to be ‘all appropriate means, including particularly the adoption of legislative measures.’” 9