‘Statelessness is a profound violation of an individual’s human rights. It would be deeply unethical to perpetuate the pain it causes when solutions are so clearly within reach.’
– Antonio Guterres, United Nations High Commissioner for Refugees (UNHCR)
Statelessness as a legal problem has far reaching political and economic challenges which have attracted rising attention from scholars, human rights activists and international organisations in recent years. Officially, statelessness means a person who is not considered as a national by any State under the operation of its law. The UNHCR started collecting data on stateless persons in the world in 2006 and confirmed in 2011 that the number of stateless persons around the world is in excess of 10 million despite conceding that obtaining the actual statistics is difficult.
The most affected are regions that have suffered or are experiencing armed conflicts or economic migration. Large numbers of stateless population are largely due to policies and laws which discriminate against foreigners despite their deeper roots in the states concerned. For instance, more than 120 000 persons in Madagascar are stateless on the basis of discriminatory citizenship laws and administrative procedures. Moreover, about 170 000 Burundian refugees who fled their country in 1972 are recognised as stateless in Tanzania despite cogent attempts by international and local organisations to have the situation rectified.
Section 30 of the 1997 Constitution of the Republic of The Gambia states, “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right- (a) basic education shall be free, compulsory and available to all; (b) secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education.”
It is without doubt that the Gambia has been working toward this constitutional provision and has registered a significant gain in the area of education. The enabling environment has been created to make this fundamental right realistic by acceding and ratifying enormous international conventions such as the African Charter on Human and People Rights, African Charter on the Rights and Welfare of the Child, International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discriminations Against Women, United Nations Convention on the Rights of Child to name just a few; and there are also domestic legal frameworks in addition to the Constitution such as the Children Act 2005 and Women Act 2010 all geared toward promoting right to education among others.
Notwithstanding of the government of The Gambia active role in promotion of children’s rights to education which is translated into the promulgation of the above named laws and building adequate schools in all the four corners of the country. There is yet a huge gap or disparity that needs to be addressed. Children with disabilities in The Gambia are confronted with challenges such as discrimination and marginalisation both in formal and informal institutions. It is therefore urgent to draw the attention of the government into the plight of these children as they equally have right to education as enshrined in the supreme law of the land and the Convention on Rights of Persons with Disabilities.
Author: Tejan Deen
Barrister, Republic of Sierra Leone; LLM Candidate at the Centre for Human Rights, University of Pretoria, South Africa
It is now eighteen years since the National Policy on the Care for Persons with Disabilities was adopted in Botswana and to date people with disabilities have only this policy that speaks to their issues. Children with disabilities, who are among the most vulnerable groups of children in Botswana, are still being handled in a ‘medicalised’ manner. These children are segregated especially in the educational system which lacks any form of inclusive education. They have an opportunity to gain formal education only in special schools, most of which are owned by non-governmental organisations such as Cheshire Foundation and Camphill Community Trust. This is completely contrary to the right to inclusive education as guaranteed in international human rights instruments particularly the Convention on the Rights of Persons with Disabilities (CRPD). Inclusive education is a method of education that gives equal opportunity to children with disabilities by guaranteeing their rights to education and creating an amiable environment to realise that right on an equally basis with other children.
Botswana currently has a Draft Reviewed National Policy on the Rights of Persons with Disabilities which has remained a draft since it was drafted in 2010. There is also the Inclusive Education Policy of 2011 which has not had any positive impact on the lives of these children as they are still completely ‘out of the picture’ of mainstream schools, and very little provisional mechanisms have been instituted to address their needs. Camphill Community Trust, for example, is located out of the city of Gaborone, which is an indication of how children with disabilities are treated in Botswana: Not fit for mainstream schools. The policy currently in force is the 1996 National Policy on Care for People with Disabilities. This is a policy with a purely medical approach that focuses on the ‘disability’ as in need of cure and rehabilitation instead of providing the necessary conditions in the society to enable children with disabilities to realise their full potentials. The word “care” implies people who should be taken care of; a social encumbrance which should be remedied through social welfare initiatives and goodwill. This situation is made worse by the fact that Botswana does not have a National Human Rights Institution which could have championed the course of the rights of these children.
Realisation of inclusive education for persons with disabilities at rural universities in South AfricaPosted: 10 September, 2013
Author: Adrian Jjuuko
Executive Director of Human Rights Awareness and Promotion Forum (HRAPF); LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
South Africa’s efforts to implement inclusive education started before the Convention on the Rights of Persons with Disabilities (CRPD) – to which South Africa is a state party- came into force. This was owing to its legacy of apartheid, a policy of exclusion. It created different universities for both the white and black communities. White universities were comprehensive universities that prepared students for professional careers, while black or rural universities were meant to produce semi-skilled menial workers.
With the fall of apartheid, the new regime adopted a policy of inclusive education, including higher education. Higher education was recognised as a right in terms of Article 26 of the 1996 Constitution. A single system of higher education was created and White Paper 6 of 2001 was adopted as the benchmark of inclusive education at all levels. It goes beyond disabilities, race, gender and other grounds of discrimination. It is an obligation for every educational institution to implement inclusive education, and physical accessibility for persons with disabilities (PWDs) is mandatory.
However, there is a need to give special focus to rural universities on account of their history if South Africa is to fulfil its obligations under Article 24 of the CRPD. This article seeks to highlight the implementation of inclusive education for PWDs at one of the rural universities – the University of Venda.
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.