Realising inclusive education for children with disabilities in Lesotho

Author: Precious Eriamiatoe
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa

Inclusive education advocates for educational systems with an approach that serves the needs of all learners while identifying and overcoming barriers that prevent persons with disabilities from being included in the educational system. Lesotho has a high literacy rate of 87%. In spite of this commendable figure, about 40% of children with disabilities (CWDs) between the ages of 5 and 10 do not attend primary school while 23% of children with disabilities between ages 10 and 20 do not attend high school. These figures are significantly higher when compared to children without disabilities in the same age groups.

The Constitution of Lesotho recognises education as a directive principle of state policy under Chapter 3 of the Constitution and not as a justiciable right. However, the Child Protection and Welfare Act of 2011 and the Education Act of 2010 expressly affirm the right of children with disabilities to education. In addition, Section 4(2)(b) of the Education Act imposes an obligation on duty bearers to ensure that children with disabilities are included in the educational system. The right to education is also protected under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This provision also places an obligation on state parties not to exclude children with disabilities from free and compulsory primary education, and that the inclusion is complemented by accessibility, reasonable accommodation, and effective individualised support aimed at maximising academic and social development. Lesotho ratified the CRPD in 2008 and adopted a free universal primary education in 2001 as a means of achieving education for all. Lesotho has a National Disability Policy of 2011, the Education Sector Strategic Plan 2005-2015, and the Special Education Unit all geared towards achieving inclusive education for people with disabilities. The legal implication of these laws and policies is that the government of Lesotho has obligations under international and domestic law to ensure that children with disabilities are not excluded from the general educational system and that children with disabilities can learn on an equal basis with abled children. However, children with disabilities still do not attend primary school. There is a huge gap between the legal framework and the practical implementation of inclusive education in Lesotho.

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