In Nepal, access
to primary education is still a distant dream for many children.
Government statistics show that 20 percent of children are out of
school.
Education plays
a key role in any strategic framework for poverty reduction and
sustainable development. However, in Nepal’s development,
systematic denial and violation of educational rights are
producing and reproducing the conditions of poverty.
Rights Based Advocacy (RBA) is essential to make people aware of
their rights and enhance their ability to take action to change
their own living conditions by claiming their rights. For a RBA
strategy to be carried out, it is very important to know the
sources of rights; rights which are enshrined in international
human rights convention and national laws/acts. This write up will
identify the articles in major international human rights
conventions and declarations that address educational rights.
Nepal - only
country in South and South East Asia to have ratified “Big Six”
During my
Masters level study in human rights in Thailand, there was a
session on the status of countries that had ratified different
human rights treaties/conventions. I remember a visiting professor
from Pretoria University, South Africa, who asked, “Is there
anybody here from Nepal? They should be proud of their country”.
He further said, “Nepal is the only country in South East and
South Asia that has ratified all the big six and all optional
protocols”. Treaty ratification is a milestone in respecting and
accepting universal human rights. In our classroom, Nepal was like
a model country.
In human rights
language, the big six, also known as the principal treaties, are:
International Covenant on Civil and Political Rights (ICCPR),
International Covenant on Economic, Social and Cultural Rights (ICESCR),
Convention on Elimination of Discrimination Against Women (CEDAW),
Convention on Child Rights (CRC), Convention on Elimination of
Racial Discrimination (CERD) and Convention against Torture and
other cruel, inhuman of degrading treatment or punishment (CAT).
The ratification
status of Nepal is definitely encouraging. But looking at our poor
records on human rights, I do not think Nepal has been able to
maintain its commitment. Our leaders, bureaucrats and government
machinery should be aware that human rights should be an integral
part of programme and policy, considering that Nepal is a state
party to the conventions.
It is hoped that
by using the articles in different conventions that provide for
educational rights, our development partners, members of civil
society, individuals and community groups at different levels can
build up their advocacy strategy.
The
international conventions are regarded as a national legal
document. Article 9 of the National Treaty Act (Sandhi Ain-2047 in
Nepali) enacted by Nepal’s parliament in 1991 states that, ‘in
case any treaty to which Nepal is a party is inconsistent with the
existing laws, the existing laws shall be void’. So there is ample
ground for development workers, rights activists and partner
organizations to come forward with a strong lobby and advocacy
strategy to ensure the educational rights of former Kamaiyas,
Dalits, Sukumbasis (landless) and other marginalized community
children. Let us look at the education related articles enshrined
in Human Rights Declarations and Conventions.
Universal
Declaration of Human Rights (UDHR)
UDHR is the mother of all human rights treaties. Though it is not
a legal instrument, but only a declaration of intent, it is
unanimously accepted by all UN member countries. Sub-articles
under article 26 categorically describe educational rights:
Article 26
Everyone has the right to education. Education shall be free, at
least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and shall be equally
accessible to all on the basis of merit.
Education shall
be directed to the full development of the human personality and
strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship
among all nations, racial or religious groups and shall further
the activities of the United Nations for the maintenance of peace.
Parents have a
prior right to choose the kind of education they shall give to
their children.
International Covenant on Economic Social and Cultural Rights (ICESCR):
Nepal ratified this convention in 1990. Articles under ESCR can be
used for litigation by civil societies and NGOs. Article 13 of
this instrument has two distinctive features: that primary
education is ‘compulsory’ and ‘available to all’.
Article 13
The states parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed
to the full development of the human personality and the sense of
its dignity and shall strengthen the respect for human rights and
fundamental freedoms.
States parties
to the present covenant recognize that, with a view to achieving
the full realization of this right: primary education shall be
compulsory and available free to all.
This is the strongest commitment that states have made. However,
words like free, compulsory and primary education seem to have
become over the years only words to mouth.
Article 13
sub-article (d) asks states to develop a system of schools at all
levels, with adequate fellowships, with required education
materials. Article 13 (3) gives liberty to parents and legal
guardians to choose for their children schools other than those
established by the public authorities which confirm to minimum
educational standards.
Article 14
Each state party to the present Covenant which, at the time of
becoming a party, has not been able to secure in its metropolitan
territory or other territories under its jurisdiction compulsory
primary education free of charge undertakes within two years to
work out and adopt a detailed plan of action for the progressive
implementation within a reasonable number of years to be fixed in
the plan of the principle of compulsory education free of charge
for all.
Being a state party to the conventions, Nepal should have a
progressive plan for compulsory and free education.
UN Convention on
the Rights of the Child (CRC)
Nepal ratified CRC in 1990. CRC emphasizes four main themes:
survival, development, protection and participation. Articles 28
and 29 deal with education, specifying not only the right to
education for all children, but also the general objectives of
education.
Article 28
States parties recognize the right of the child to education and
with a view to achieving this right progressively and on the basis
of equal opportunity, they shall in particular:
- Make primary
education compulsory and available free to all;
- Encourage the
development of different forms of secondary education including
general and vocational education;
- Make them
available and accessible to every child and take appropriate
measures such as the introduction of free education and offering
financial assistance in case of need;
- Make higher
education accessible to all on the basis of capacity by every
appropriate means;
- Make
educational and vocational information and guidance available and
accessible to all children;
- Take measurers
to encourage regular attendance at schools and the reduction of
drop out rates.
Article 29 (1)
The state parties agree that education should be directed to a
wide rage of values.
This agreement overcomes the boundaries of religion, nation and
culture built across many parts of the world.
ILO Conventions 182
Article 6 (a) asks states to identify and denounce the worst forms
of child labour.
Article 6 (b)
seeks childrens’ removal from the worst forms of child labour for
social reintegration through measures which address their
educational, physical, emotional and psychological needs.
UN General Assembly Declaration on Rights of the Child, 1959
Article 7
The child is entitled to receive education, which shall be free
and compulsory at least in the elementary stages. The child shall
be given education which will promote his/her general culture and
enable him/her on a basis of equal opportunity, to develop his/her
abilities, his/her individual judgment and his/her sense of moral
and social responsibility and to become a useful member of
society. The best interests of the child shall be the guiding
principle of those responsible for his/her education and guidance.
That responsibility lies in the first place with his/her parents.
Education for All
Meeting in Dakar, Senegal, in April 2000, delegates also from
Nepal to the World Education Forum committed themselves to the
achievement of education for all (EFA) goals and targets for every
citizen and for every society. The Dakar Framework is a collective
commitment to action. It was reaffirmed the vision of the World
Declaration on Education for All (Jomtien 1990), supported by the
Universal Declaration of Human Rights and the Convention on the
Rights of the Child, that all children, young people and adults
have the human right to benefit from an education that will meet
their basic learning needs in the best and fullest sense of the
term, an education that includes learning to know, to do, to live
together and to be.
Article 1 of the
World Declaration of Education for all 1990 says that, the purpose
of education for all is to achieve required skills to survive, to
develop full capacity, to live and work in dignity, to participate
fully in development, to improve the quality of people’s own
lives, to make informed decisions and to continue learning.
Advocacy strategy
The right to
education is a combination of the components Accessibility,
Acceptability, Adaptability and Availability. Our advocacy
strategy would be based on these components.
Accessibility
determines the government obligation to eliminate all forms of
obstacle through affirmative action. Our advocacy strategy aims to
make education free and compulsory for primary school age
children, eliminate all forms of institutional and social barriers
for girls in access to education, and give preferential access to
those deprived of education for a long time.
Acceptability is
to ensure that education is accepted by all ethnic groups, castes
and the various groups in the community. To make for education
acceptability, primary education should be available in the mother
tongues, teachers should be qualified and physical facilities of
schools such as toilets, drinking water and food for poor and
impoverished students should be made available by the state.
Government has
an important role in setting out the minimum standards of schools.
However, any standard set forth such as wearing compulsory dress
should not prevent any student from accepting education.
Who standardize
the curriculum and how curriculum matches with the real life
situation are also related to acceptability. Orientation towards
students’ community, country, world and real life situations
determines the acceptability of education. Acceptability also
ensures that orientation and content of education should address
the needs of a particular society and should provide prospects of
livelihood that lead to a dignified life and to an improved
quality of life.
One of
government’s obligations is to set standards for primary education
without any disparities, along with supervision and control to
ensure that standard. Adaptability concerns the special needs of
education. Vulnerable children like disabled children, working
children and children from minority communities may need special
attention and care. Education may need to be designed differently
for these particular groups. We may need to explore the process of
adaptation of such groups – a process that would include examining
classroom environment, curriculum, learning time, course schedule,
etc.
Availability is
in respect of government’s responsibility to make education
available to the children. As per international law, availability
will be in terms of number of schools, quality of education and
necessary funding to maintain both quality and quantity.
Maintaining quality and provision of qualified teachers along with
providing the necessary training to teachers are also included in
government’s obligations. Availability of education includes
elimination of all obstacles, ensuring free and compulsory primary
education for all – along with necessary budget allocation.
Human Rights
education
The educational rights enshrined in different human rights
conventions should be translated into local languages.
For educational
rights activism, it is necessary that people at community level
are informed about the commitment that the government has made to
UN international bodies. Informal classes on human rights
education, street theatre and rights based activities could be
launched. This will help to form a pressure group to ensure
educational rights and will inspire advocacy activities and
commitment from the grassroots level.
For ensuring a
lasting link between the affected people and activists, it is very
important that the affected people understand what their rights
are. For example, the ex-kamaiyas of western Nepal, Dalits and
Sukumbasis should know that every child has a right to education
and that the state is committed to providing free and compulsory
primary education for all.
In this advocacy
process, it is to be ensured that community based organizations
are involved. Advocacy strategies should take into consideration
whether education offered is adequate in quality, relevant to the
child and promoting the realization of the child’s other rights.
Shiva Bhusal is
programme officer at MS-Nepal
References:
Sweet & Maxwell, International Human Rights Text and Materials,
London 1997
Hamme, I.
Brigitte, 2001, “A human Rights approach to development” Human
Rights quarterly 23, 1005-1031 by John Hopkins University Press
HMG/N the
constitution of the kingdom of Nepal 1990, Kathmandu, and Law
books management board.
Convention on
Economic Social and Cultural Rights, Civil and political Rights,
Child Rights and Universal Declaration of Human Rights Convention.
UNHCHR
ILO conventions
182
Education For All: Meeting Our Collective Commitments Text adopted
by the World Education Forum Dakar, Senegal, 26-28 April 2000
Circle of
Rights. International Human Rights internship programme, Forum
Asia (NGO) Bangkok-2000
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