Academic Freedom Essay

Freedom is a basic to education in modern democracies. Freedom in education can be categorized in the various aspects such as; Freedom of the child, academic freedom and freedom to read. Mc’Garry and Ward, (1966) puts it: A free society and a free world imply a free educational system and a freedom within the framework of maximum control. In such a closed society they maintained, freedom in education may consist of ability to say or do in consequential things. The legal idea of academic freedom originated in Germany in 1850. The Prussian Constitution declared that â€Å"science and its teaching shall be free. † In Germany, academic freedom is known as the right of faculty to teach on any subject, that was freedom of scientific research, and the right of students to attend any lectures, and the absence of class roll calls writes standler (2000). Academic freedom spread to America in the early 20th Century (Post, 2000). Most American universities at that time were proprietary; professors were understood to be the employees of whoever owned the university, whether that was a private or state. See more: Analysis of Starbucks coffee company employees essay Then the professors began to conceive of themselves not as mere employees, but as professional scholars who were answerable to the professional judgment of their peers, they began to create the idea of academic freedom. Still, academic freedom has limits. In the United States, for example, according to the widely recognized â€Å"1940 Statement on Academic Freedom and Tenure†, teachers should be careful to avoid controversial matter that is unrelated to the subject. When they speak or write in public, they are free to express their opinions without fear from institutional censorship or discipline, but they should show restraint and clearly indicate that they are not speaking for their institution. Academic tenure protects academic freedom by ensuring that teachers can be fired only for causes such as gross professional incompetence or behavior that evokes condemnation from the academic community itself. Proponents of academic freedom believe that the freedom of inquiry by students and faculty members is essential to the mission of the academy. They argue that academic communities are repeatedly targeted for repression due to their ability to shape and control the flow of information. When scholars attempt to teach or communicate ideas or facts that are inconvenient to external political groups or to authorities, they may find themselves targeted for public vilification, job loss, imprisonment, or even death. For example, in North Africa, a professor of public health discovered that his country’s infant mortality rate was higher than government figures indicated. He lost his job and was imprisoned. Academic freedom refers to the amount of independent judgment allowed teachers and students as both seek knowledge about the world. Maclever as sited by Harris and Liba (1960) holds that academic freedom refers to the freedom of the scholar with the university to pursue knowledge. Dewey and Lovejoy cited by Haris and Liba (1960) also related academic freedom to university teaching. In the modern society and modern aspects of teaching and learning, academic freedom can no longer be considered a university concern but it cuts across all aspects of the academia. Right is what a person is entitled to. Or what is legally due to a citizen account of being a member of a state, (International Declaration or Human Rights) established in 1948, as a common standard of achievement for all people and all nations. This document recognizes the basic human rights and freedom, justice and peace in the world having experienced the two world wars. The commission for Higher Education (CHE) University Act was established in 1985, July and inaugurated on 16th October 1985. It plans programs and finances public universities. It also coordinates admission process, accreditation of university coordination or post secondary training institution and standardization. Recognition and equation of qualifications are also its function according to the requirements of the law. It also guides students in applying or various courses that will lead them to different career choices. This was adopted by the United Nations (U. N) assembly is resolution 44/25 on the 20th November 1989. Talks of Freedom of Expression of opinion and views in Art 12 states that; every child who is capable of forming views and opinion has a right to express them freely; in all matters that affects them. In article number 13 on Freedom of Expression says that the child shall have a right to freedom of expression in terms of: Freedom to seek, Freedom to receive and Freedom to impart information and ideas of all kinds either orally or in writing in art and music. But the exercise of these rights must respect the rights and limitations of others and must respect the country’s laws and morals. Academic freedom consists in protecting the intellectual independence of professors, researchers and students in the pursuit of knowledge and the expression of ideas from interference by legislators or authorities within the institution itself. This implies that no political, ideological or religious orthodoxy will be imposed on professors and researchers through the hiring or tenure or termination process, or though any other administrative means by the academic institution. Nor shall legislatures impose any such orthodoxy through their control or the university budget. This protection includes students. Gwin, Swanson, and Goetz, (1986) also defined academic freedom as the freedom of teachers students to teach, study, and pursue knowledge and research without unreasonable interference or restriction from law, institutional regulations, or public pressure and added that the basic elements of academic freedom include the freedom of teachers to inquire into any subject that evokes their intellectual concern; to present their findings to their students, colleagues, and others, to publish their private data and conclusions without control or censorship; to teach in manner they consider professionally appropriate; and to act in their private lives with all the rights and liberties enjoyed by other citizens This directs towards speaking your mind and challenge conventional wisdom. In today’s political climate it is harder than ever for academics to defend open debate. In away restrictive legislation, and the bureaucratic rules and regulations of government and Universities themselves, have undermined academic freedom. Many academics are fearful of upsetting managers and politicians by expressing controversial opinions. Afraid to challenge mainstream thought, many pursue self-censorship. Academic freedom in Kenya was one of the casualties of repression. Mutunga and Kiai, (1996) stated that since proponents of academic freedom cherished free thought, open expression and good organization, they have been victimized, jailed and tortured. The harassment led to both external and internal exile. Academics like Ngugi wa Thiong’o, ali Mazrui, are victims. There are others who are internally exiles some of these scholars were forced to seek alternatives to the public universities to continue their scholarship and their contribution to the society. The Control of responsibility of public Universities by the state led to abdication of responsibility by university authorities. They instead prefer to call upon state machinery like the police to deal with any crisis in whichever way. University students or staff member wishing to travel outside Kenya must have official government clearance. In the case of university staff, the application from clearance is initially approved by the head of department followed by the dean of faculty, the principal of college, and ultimately the vice-chancellor. Subsequently, the ministry of Education and the Office of the President have to give the final approval, (Mutunga and Kiai, 1996). As at the time the above views about Kenya were documented, one could conclude that academic freedom hangs perilously close to non-existence in Kenya. It was not only the students and lecturers who suffered then, but all the people of Kenya who were denied the benefits that accrued from the existence of academic freedom. There was a moment in Kenya when they President threw a ban on Kenya National Union of Teachers (KNUT) and allowed KUPPET to come into existence to suppress the powers of KNUT. This was due to the stand that KNUT took as concerns the rights of the teachers in the country. Academic freedom is experienced unequally in the contemporary world. It is securely established in some countries, and scarcely exists in others, and in between the extremes it exists in varying degree of amplitude and security. Where academic freedom is well defined and respected, the teaching profession understands that the principle protects the professor against the devastating consequences of arbitrary dismissal. It is recognized that the eacher can be dismissed only for adequate cause, as established in a proceeding, which measures up to the requirements of due process, including a hearing before a tribunal consisting of his academic peers. It is well understood that the security of the professor depends not so much upon the substantive definition of what constitutes adequate cause, as upon the procedures which are followed. That proper procedure is an indispensable element of justice in the life of the state is a commonplace observation. Proper procedure is equally essential if academic freedom is to remain a viable concept. This will promote literacy in the African continent.