The Private Higher Education Regulation in Ethiopia: Jurisprudence and Practices

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September 27, 2024

Accepted

February 11, 2025

Published

February 21, 2025

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Abstract

Well-regulated education is a powerful weapon for positive social change. Ethiopia formally allowed private actors to join the education industry in 2003. Since then private higher education institutions have grown in number and enrolling capacity. This is a huge success in ensuring access to higher education to support country development through the provision of skilled manpower. However, because of weak regulation, there is a claim that private higher education institutions are working as a degree mill which negatively impacts the quality and relevancy of higher education. Having this in mind, this article examines the effectiveness of government regulation of private higher education institutions during the entry, operation and exit stages. To this end, relevant laws and policies, reports, government decisions, and literature are critically examined sideline with primary data collected through case studies and direct observation of private higher education institutions. As the findings of the study have revealed, despite the positive reform and development underway, the government regulation of private higher education institutions is ineffective and because of this, education which is recognized as a means of ruining social problems is ruined by bogus institutions and degrees. Mainly this problem is associated not with normative gaps; rather it is a result of weak enforcement as a result of the institutional weakness of relevant authority to efficiently undertake its mandate of licensing, accrediting, supervising, monitoring, and auditing. Besides, the government lacks a firm stand and strong commitment to take deterring measures against bogus institutions and graduates holding fake degrees. Based on the findings, the researcher called for strict enforcement of laws by strengthening the Authority with manpower and finance and adopting a holistic approach to fighting for the quality and relevancy of higher education.

Keywords

higher education quality relevance regulation Ethiopia

References

Bernasconi, A. (2011). A legal perspective on “privateness” and “publicness” in Latin American higher education. Journal of Comparative Policy Analysis: Research and Practice, 13(4), 351–365. https://doi.org/10.1080/13876988.2011.583105
Dawit, M. (2022a). Fana TV Interview with Dr. Aregawi, Unity University President on the topic students or who is responsible for lack of quality of education in private universities and colleges. Ethiopia: Fana.
Dawit, M. (2022b). Who is responsible for hundred of thousands forged degree, Dr. Andualem Admiasse, Director General of Federal Education and Training Authority (the late HERQA) with Fana Broadcasting Corporate TV. Fana TV.
ETA Reg. Definition of Organization, Power and Duties of Education and Training Authority Regulation No.515/2022. , (2022).
Faccenda, P. J., Ross, K., Philip, D. R., & Faccenda, J. (1975). Constitutional and Statutory Regulation of Private Colleges and Constitutional and Statutory Regulation of Private Colleges and Universities Universities. Valparaiso University Law Review, 9(3), 539–559. Retrieved from https://scholar.valpo.edu/vulr/vol9/iss3/4
Fayyaz, Q., & Sarwar, K. (2021). The Growth of Private Higher Education: An Overview in the Context of Liberalisation, Privatisation and Marketisation. , European Journal of Education Studies, 8(9).
Frans van, V. (1993). Patterns of Governance in Higher Education Concepts and Trends (No. ED-93/WS-18). Paris.
Fumasoli, T., & Rossi, F. (2021). The Role of Higher Education Institutions in Transnational Networks for Teaching and Learning Innovation: The Case of the Erasmus+ Programme. European Journal of Education, 56(2), 200–218.
Gazi Mahabubul, A. (2010). Can governance and regulatory control ensure private higher education as business or public goods in Bangladesh? African Journal of Business Mangement , 3(12), 890–906.
Girma, M. (2019). Quality Education Assessment in Private Higher Education Institutions: The Case of Private Higher Education Institutions at Mekelle, Tigray Regional Stat. Proceedings of the 16th International Conference on Private Higher Education in Africa, 263–293.
Gregory Ekene, O., & Oluoch-Suleh, E. (2015). Role of Institutions of Higher Learning in Enhancing Sustainable Development in Kenya. 6(16). Retrieved from www.iiste.org
HEP. Higher Education Proclamation No. 1152/2019. , HEP § (2019).
Hrsg, J., & Hrsg, B. (2007). Public-Private Dynamics in Higher Education. Expectations, Developments and Outcomes. https://doi.org/10.25656/01:17864
Huisman, J., Boer, H. de, Dill, D. D., & Souto Otero, M. (2015). The Palgrave international handbook of higher education policy and governance.
John, F., & Norman, L. (2008). The Evolving Regulatory Context for Private Education in Emerging Economies (S. Bjarnason, H. Patrinos, & J.-P. Tan, Eds.). The World Bank. https://doi.org/10.1596/978-0-8213-7778-9
John M. Jennings, J. C. (2013). Reflections on the effectiveness of four cycles of external quality audits in New Zealand universities. In Shah Mahsood & N. Chenicheri Sid (Eds.), External Quality Audit Has It Improved Quality Assurance in Universities? (pp. 53–65). Chandos Publishing.
Leocadia, Z., Norman, R., Jenny, S., & Abiodun, O. (2019). Role of Higher Education Institutions in the Implementation of Sustainable Development Goals. In Sustainable Development Goals and Institutions of Higher Education (pp. 87–96).
Mahsood, Shah,. (2013). External Quality Audit Has It Improved Quality Assurance in Universities? Chandos Publishing.
Mahsood, Shah, & Sue-Ann, S. (2013). The impact of external quality audit in a private for-profit tertiary education institution. In In External Quality Audit: Has It Improved Quality Assurance in Universities? (pp. 19–34). Chandos Publishing.
Marginson, S. (2007). The public/private divide in higher education: A global revision. Higher Education, 53(3), 307–333. https://doi.org/10.1007/s10734-005-8230-y
Marginson, S. (2011). Higher education in East Asia and Singapore: Rise of the Confucian Model. Higher Education, 61(5), 587–611. https://doi.org/10.1007/s10734-010-9384-9
Marginson, S. (2012). The problem of public good(s) in higher education. 41st Australian Conference of Economists. Melbourne.
Melaku Dires, W. (2008). Higher Education Quality Audit in Ethiopia: Analyzing the Methods and Procedures. University of Oslo.
Mulu, N. (2012). Quality and Quality Assurance in Ethiopian Higher Education: Critical issues and Practical Implication.
Nega, M. (2017). The Public-Private Divide in Ethiopian Higher Education: Issues and Policy Implications. Universal Journal of Educational Research, 5(4), 591–599. https://doi.org/10.13189/ujer.2017.050408
OECD. (2003). CHANGING PATTERNS OF GOVERNANCE IN HIGHER EDUCATION. In Education Policy Analysis .
Rivera-Batiz, F. (2008). Education as an Engine of Economic Development: Global Experiences and Prospects for El Salvador *.
Roger, K. (2006). Analysing the higher education regulatory state (No. Discussion Paper No.38). CARR.
Seleshi, T. (2022). Burgeoning higher education in Ethiopia beset by shortcoming.
Sereana, K. (2013). Enhancing quality assurance in an institution: the University of the South Pacific experience of an external audit. In Shah Mahsood & N. Chenicheri Sid (Eds.), External Quality Audit Has It Improved Quality Assurance in Universities? (pp. 67–79). Chandos Publishing.
Simon, M. (2011). Higher education and public good. Higher Education Quarterly, 65(4), 411–433.
Simon, M. (2018). Higher education should be funded as a public good.
Tefera, D. (n.d.). Private Higher Education in Ethiopia: The Current Landscape. International Higher Education, 9–10. Retrieved from http://www.albany.edu/.
UNCIEF. (2021). Upholding Public Investment Commitments For Education Amidst COVID-19: Ethiopia Budget Brief 2020/21.
Van Vught Frans A. (1995). Policy Models and Policy Instruments in Higher Education: The Effects of Governmental Policy-Making on the Innovative Behaviour of Higher Education Institutions. Retrieved from https://irihs.ihs.ac.at/id/eprint/864/
Walter Leal Filho et.al. (2019). The role of higher education institutions in sustainability initiatives at the local level. Journal of Cleaner Production, 233, 1004–1015.
Williams, G. (2016). Higher education: Public good or private commodity? London Review of Education, 14(1), 131–142. https://doi.org/10.18546/LRE.14.1.12
Yirdaw, A. (2016). Quality of Education in Private Higher Institutions in Ethiopia: The Role of Governance. SAGE Open, 6(1). https://doi.org/10.1177/2158244015624950

References

Bernasconi, A. (2011). A legal perspective on “privateness” and “publicness” in Latin American higher education. Journal of Comparative Policy Analysis: Research and Practice, 13(4), 351–365. https://doi.org/10.1080/13876988.2011.583105

Dawit, M. (2022a). Fana TV Interview with Dr. Aregawi, Unity University President on the topic students or who is responsible for lack of quality of education in private universities and colleges. Ethiopia: Fana.

Dawit, M. (2022b). Who is responsible for hundred of thousands forged degree, Dr. Andualem Admiasse, Director General of Federal Education and Training Authority (the late HERQA) with Fana Broadcasting Corporate TV. Fana TV.

ETA Reg. Definition of Organization, Power and Duties of Education and Training Authority Regulation No.515/2022. , (2022).

Faccenda, P. J., Ross, K., Philip, D. R., & Faccenda, J. (1975). Constitutional and Statutory Regulation of Private Colleges and Constitutional and Statutory Regulation of Private Colleges and Universities Universities. Valparaiso University Law Review, 9(3), 539–559. Retrieved from https://scholar.valpo.edu/vulr/vol9/iss3/4

Fayyaz, Q., & Sarwar, K. (2021). The Growth of Private Higher Education: An Overview in the Context of Liberalisation, Privatisation and Marketisation. , European Journal of Education Studies, 8(9).

Frans van, V. (1993). Patterns of Governance in Higher Education Concepts and Trends (No. ED-93/WS-18). Paris.

Fumasoli, T., & Rossi, F. (2021). The Role of Higher Education Institutions in Transnational Networks for Teaching and Learning Innovation: The Case of the Erasmus+ Programme. European Journal of Education, 56(2), 200–218.

Gazi Mahabubul, A. (2010). Can governance and regulatory control ensure private higher education as business or public goods in Bangladesh? African Journal of Business Mangement , 3(12), 890–906.

Girma, M. (2019). Quality Education Assessment in Private Higher Education Institutions: The Case of Private Higher Education Institutions at Mekelle, Tigray Regional Stat. Proceedings of the 16th International Conference on Private Higher Education in Africa, 263–293.

Gregory Ekene, O., & Oluoch-Suleh, E. (2015). Role of Institutions of Higher Learning in Enhancing Sustainable Development in Kenya. 6(16). Retrieved from www.iiste.org

HEP. Higher Education Proclamation No. 1152/2019. , HEP § (2019).

Hrsg, J., & Hrsg, B. (2007). Public-Private Dynamics in Higher Education. Expectations, Developments and Outcomes. https://doi.org/10.25656/01:17864

Huisman, J., Boer, H. de, Dill, D. D., & Souto Otero, M. (2015). The Palgrave international handbook of higher education policy and governance.

John, F., & Norman, L. (2008). The Evolving Regulatory Context for Private Education in Emerging Economies (S. Bjarnason, H. Patrinos, & J.-P. Tan, Eds.). The World Bank. https://doi.org/10.1596/978-0-8213-7778-9

John M. Jennings, J. C. (2013). Reflections on the effectiveness of four cycles of external quality audits in New Zealand universities. In Shah Mahsood & N. Chenicheri Sid (Eds.), External Quality Audit Has It Improved Quality Assurance in Universities? (pp. 53–65). Chandos Publishing.

Leocadia, Z., Norman, R., Jenny, S., & Abiodun, O. (2019). Role of Higher Education Institutions in the Implementation of Sustainable Development Goals. In Sustainable Development Goals and Institutions of Higher Education (pp. 87–96).

Mahsood, Shah,. (2013). External Quality Audit Has It Improved Quality Assurance in Universities? Chandos Publishing.

Mahsood, Shah, & Sue-Ann, S. (2013). The impact of external quality audit in a private for-profit tertiary education institution. In In External Quality Audit: Has It Improved Quality Assurance in Universities? (pp. 19–34). Chandos Publishing.

Marginson, S. (2007). The public/private divide in higher education: A global revision. Higher Education, 53(3), 307–333. https://doi.org/10.1007/s10734-005-8230-y

Marginson, S. (2011). Higher education in East Asia and Singapore: Rise of the Confucian Model. Higher Education, 61(5), 587–611. https://doi.org/10.1007/s10734-010-9384-9

Marginson, S. (2012). The problem of public good(s) in higher education. 41st Australian Conference of Economists. Melbourne.

Melaku Dires, W. (2008). Higher Education Quality Audit in Ethiopia: Analyzing the Methods and Procedures. University of Oslo.

Mulu, N. (2012). Quality and Quality Assurance in Ethiopian Higher Education: Critical issues and Practical Implication.

Nega, M. (2017). The Public-Private Divide in Ethiopian Higher Education: Issues and Policy Implications. Universal Journal of Educational Research, 5(4), 591–599. https://doi.org/10.13189/ujer.2017.050408

OECD. (2003). CHANGING PATTERNS OF GOVERNANCE IN HIGHER EDUCATION. In Education Policy Analysis .

Rivera-Batiz, F. (2008). Education as an Engine of Economic Development: Global Experiences and Prospects for El Salvador *.

Roger, K. (2006). Analysing the higher education regulatory state (No. Discussion Paper No.38). CARR.

Seleshi, T. (2022). Burgeoning higher education in Ethiopia beset by shortcoming.

Sereana, K. (2013). Enhancing quality assurance in an institution: the University of the South Pacific experience of an external audit. In Shah Mahsood & N. Chenicheri Sid (Eds.), External Quality Audit Has It Improved Quality Assurance in Universities? (pp. 67–79). Chandos Publishing.

Simon, M. (2011). Higher education and public good. Higher Education Quarterly, 65(4), 411–433.

Simon, M. (2018). Higher education should be funded as a public good.

Tefera, D. (n.d.). Private Higher Education in Ethiopia: The Current Landscape. International Higher Education, 9–10. Retrieved from http://www.albany.edu/.

UNCIEF. (2021). Upholding Public Investment Commitments For Education Amidst COVID-19: Ethiopia Budget Brief 2020/21.

Van Vught Frans A. (1995). Policy Models and Policy Instruments in Higher Education: The Effects of Governmental Policy-Making on the Innovative Behaviour of Higher Education Institutions. Retrieved from https://irihs.ihs.ac.at/id/eprint/864/

Walter Leal Filho et.al. (2019). The role of higher education institutions in sustainability initiatives at the local level. Journal of Cleaner Production, 233, 1004–1015.

Williams, G. (2016). Higher education: Public good or private commodity? London Review of Education, 14(1), 131–142. https://doi.org/10.18546/LRE.14.1.12

Yirdaw, A. (2016). Quality of Education in Private Higher Institutions in Ethiopia: The Role of Governance. SAGE Open, 6(1). https://doi.org/10.1177/2158244015624950

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