COMMITTEE ON RIGHTS OF CHILD HOLDS DAY OF GENERAL DISCUSSION ON THE RIGHT TO EDUCATION IN EMERGENCY SITUATIONS

The Committee on the Rights of the Child today held a Day of General Discussion on the right of the child to education in emergency situations with the participation of representatives of Governments, United Nations bodies and specialized agencies, non-governmental organizations, national human rights institutions, individual experts and children.

Yanghee Lee, Chairperson of the Committee on the Rights of the Child, introducing the discussion, said the purpose of this year’s Day was to provide States and other concerned actors with comprehensive guidance in dealing with education in emergency situations, and to clarify the meaning of articles 28 and 29 of the Convention in the context of emergencies. The focus of the first Working Group was on continuation and/or reconstruction of the educational system, looking at article 28 (right of the child to education progressively, and on the basis of equal opportunity). The focus of the second Working Group was on the content and quality of education provided for children in emergency situations, and targeted article 29 (education shall be directed to the development of the child’s fullest potential). The results of the discussions in each of the Working Groups would then inform and guide the Committee’s work in drafting a General Comment in this area.

Vernor Munoz, Special Rapporteur on the Right to Education and keynote speaker, said that, in recent years, programmatic principles and funding for education had been cut. Physical, cognitive, and social and emotional security combined with education was necessary. States had a responsibility to act. Armed conflict and political violence had been the main cause of more than 4 million boys and girls living with disabilities, as well as lack of services and minimal support. Some 90 per cent of persons affected by natural disasters lived in undeveloped countries that had less of an ability to deal with natural disasters. Donors were urged to acknowledge the right to education and for more resources be allocated to fragile States.

Cream Wright, Chief of the Education Section of the United Nations Children’s Fund, in opening remarks, said that significant progress had been achieved in identifying clearer standards to meet the rights of the child that were expected to be delivered, as well as focused and coordinated support for children in emergency situations. Education was a fundamental right, and the practical benefits of addressing this area in the aftermath of emergency situations had been proven.

Tove Wang, Chair of “Rewrite the Future” at Save the Children, in an introductory statement, noted that education was not part of every humanitarian response and, as a result, children affected by emergencies missed out on weeks, months and years of education. Given that the average conflict lasted 10 years and that the average stay in a camp for internally displaced persons was 17 years, it was crucial to provide education from the outset of every humanitarian response.

After hearing these statements, the Committee divided into two working groups. Committee Expert, Agnes Aidoo, serving as Rapporteur for the Working Group on Continuation and/or Reconstruction of the Educational System, said they had agreed that education was protection for the well-being and security of children in conflict situations. The hierarchy with respect to development partners in addressing the right of children to education, which was ranked lower than other priorities, had to be changed. Awich Pollar, the Committee Expert serving as co-Rapporteur for the Working Group on the Content and Quality of Education Provided for Children in Emergency Situations, said that education helped children return to a normal state of life, and a child-friendly school was needed to do that. Further, it was agreed that children in emergencies required special help on how to survive, such as basic knowledge on health, how to protect themselves from exploitation and an understanding of what had happened to them and why they were in this state. Committee Expert, Lothar Krappman, co-Rapporteur for the second Working Group, outlined some recommendations on the basis of the discussion, including that negotiations be undertaken with Governments so that certificates issued in emergency contexts were recognized and those children could be reintegrated into schools when the emergencies or conflicts were at an end.

Moushira Khattab, Committee Expert serving as Rapporteur for the Day of General Discussion, in concluding comments, said that that the Convention on the Rights of the Child treated the right to education as a fundamental right without discrimination of any kind. Five key messages resulted from the discussion today: education was a human right; it was a relief message; it formed an integral part of every humanitarian response; it had to be provided at the outset; and that minimum standards had to be respected.

The findings of today’s deliberations will be expressed in recommendations at the end of the session, and then in a General Comment.

The next meeting of the Committee will be held on Monday, 22 September 2008 at 10 a.m. when the Committee will consider the second periodic report of Bhutan (CRC/C/BTN/2).

Statements

YANGHEE LEE, Chairperson of the Committee on the Rights of the Child, introducing the discussion, said that today the Committee was holding its eighteenth Day of General Discussion, which would be on the topic of the right of the child to education in emergency situations. The Day of General Discussion was meant to foster a more profound understanding of the situation and provide steps in addressing that important issue. The purpose of this year’s Day was to provide States and other concerned actors with comprehensive guidance in dealing with education in emergency situations, and to clarify the meaning of articles 28 and 29 of the Convention in the context of emergency situations. The focus of the first Working Group was on continuation and/or reconstruction of the educational system, looking at article 28 (right of the child to education, progressively and on the basis of equal opportunity). The focus of the second Working Group was on the content and quality of education provided for children in emergency situations, and targeted article 29 (education shall be directed to the development of the child’s fullest potential). The results of the discussions in each of the Working Groups would then inform and guide the Committee’s work in drafting a General Comment on articles 28 and 29.

CREAM WRIGHT, Chief of the Education Section at the United Nations Children’s Fund (UNICEF), stressed that a proactive interpretation of today’s theme was important – to address issues before they happened. A number of challenges faced this issue including how to empower the individuals responsible for making this a reality for the rights of children on the ground. Significant progress had been achieved in identifying clearer standards to meet the rights of the child that were expected to be delivered, as well as focused and coordinated support for children in emergency situations. In terms of standards of results, effort had been put forth in identifying and addressing areas that had not been previously addressed before emergencies occurred, which assisted in the results post crisis.

Unfortunately, noted Mr. Wright, it was still the case that the international community provided funding for emergency assistance and humanitarian efforts, but very little had been allocated for education purposes. In such cases education was a priority. Education was a fundamental right, and the practical benefits of addressing this area in the aftermath of emergency situations had also been proven. Education allowed space and time for communities to rebuild. In terms of positive progress, some donors had already looked at allocating funds for post-crisis issues, including the Netherlands and the United Kingdom. In addition, response strategies were actually getting better.

Mr. Wright invited the Committee to consider the approach of the 3 P’s, which was an approach used by UNICEF in its work on the right of the child to education in emergency situations. The 3 P’s entailed Predicting, Preparing and Preventing. The first “P” was the prediction of emergencies, and being prepared to design strategies for the care, and relocation of children in times of emergency. The second P was being better prepared for emergencies. Some emergencies could be foreseen, such as natural disasters, which allowed time for one to be better prepared. The third P was preventative – what was needed to prevent such emergencies – and was an area that needed serious attention by the international community.

It was one thing to be prepared, but another to have the right tools in doing so, Mr. Wright pointed out. Child-friendly schools, designed, operated, and managed with the best interests of the child at the centre of each decision made was an important starting point. Locating and operating schools with a view to what might happen if an emergency situation was to take place, and realizing that communities tended to take shelter in schools when such emergencies took place, were also important to take into account when preparing and planning for such a crisis.

In view of the challenges faced, UNICEF further supported the work of the Committee on the Rights of the Child in its work in drafting its general comment. That required both a normative approach, but also protective measures by State parties in preventative measures.

TOVE WANG, Chair of “Rewrite the Future” at Save the Children, said there were millions of children affected by armed conflicts and disasters that had been denied their right to education and, as he knew from practical experience, those children were in great need of the hope, the attention and the care education could provide if done well. Today was the day for all to confirm that “education for all” really meant education for all. In the immediate aftermath of disaster, education protected children from death or bodily harm by imparting critical life-saving information on simple hygiene and health issues that had emerged as a result of the emergency, or the dangers of unexploded ordinance. Children who attended school were less likely to be recruited into armed groups or trafficked. Education also reduced the effects of trauma and offered children a sense of normality and hope for the future. Quality education has shown to increase children’s future potential to become active members of their societies – economically, socially, and politically – in transforming their lives and those of their families and communities from a cycle of endless poverty and violence. Quality education also promoted stability, tolerance and contributed to building democracy and peace.

Education was not part of every humanitarian response and, as a result, children affected by emergencies missed out on weeks, months and years of education. Given that the average conflict lasted 10 years and that the average stay in a camp for internally displaced persons was 17 years, it was crucial to provide education from the outset of every humanitarian response. Not to do so was to deny children affected by conflict and natural disasters crucial survival skills. It was to deny a sense of hope and the capacity to be productive. Despite the Millennium Development Goals and the positive fact that the overall number of children out of school was dropping, the numbers of children affected by conflict still out of school was almost static. Children who had the greatest need – and were the hardest to reach – faced highly discriminatory practices and hence a further violation of one of the core principles of the Convention, Ms. Wang underscored.

Ms. Wang said that, as it was impossible to predict the timing or nature of emergencies, it was therefore important to note the early steps taken to prepare for disasters. Built on the Millennium Development Goals, the Interagency Network for Education in Emergencies developed minimum standards for education in emergencies, chronic crises and early reconstruction – promoting consistency in education programming.

In recommendations, Ms. Wang urged that all States parties to the Convention take concrete action to adopt national legislative, administrative and budgetary measures to recognize and ensure children’s right to education in emergency situations; that they develop an education in emergencies preparedness plan, including plans and structures for continuity at all levels through different phases of an emergency; that they support the inclusion of education as part of peace agreements, recognizing that education was a critical element in ensuring stability and peace; and that State parties protected schools from attack and ensured that schools were a place where respect for human rights was fostered, in particular that they were inclusive and used a non-biased curriculum. Finally, donor Governments neglected children’s right to education in emergencies – failing to provide the external funding necessary – and that should be remedied.

VERNOR MUNOZ, Special Rapporteur on the Right to Education, in a keynote speech, said that the consequences of armed conflict and natural disasters had been increasingly visible, and there was a possibility of such events occurring in every region of the world. The fact was that, invariably, the civilian population was the most affected by armed conflict and natural disasters. In recent years, programmatic principles and funding of education had been cut. Physical, cognitive, and social and emotional security combined with education was necessary. States had a responsibility to act.

Armed conflict and political violence had been the main cause of more than 4 million boys and girls living with disabilities, as well as lack of services and minimal support. Some 90 per cent of persons affected by natural disasters lived in undeveloped countries that had less of an ability to deal with natural disasters. Natural disasters affected seven times more persons than armed conflict, and had been three times more frequent since the 1990’s as compared with the decade of the 1950’s. During situations of conflict, schools became a place of recruitment, and that in itself was an attack on education and the lives of the boys and girls involved – who became targets of violence. Looking beyond the human rights imperative, education gave a sense of hope, and it provided essential tools for social reconstruction. It also saved lives, as it protected them from exploitation and violence, Mr. Munoz added.

Mr. Munoz said that the international and legal framework on education in emergency situations was based on the Universal Declaration of Human Rights and the Covenant on Economic, Social and Cultural Rights. Those instruments established a framework for those who had not received access to education previously, access to education for all. The threat to those principles was increased in times of emergency, when it was most important to protect them. The increased numbers of displaced persons had led to the development of the guiding principles of displaced persons, which set out the right to free and compulsory education and ensured complete and equal participation of women, girls and adolescent females to education. It was important to note that the Rome Statue provided that attacks on buildings intended for educational purposes was a war crime. In addition, the World Conference on Education for All had shifted the language on education in emergency situations. The educational needs of boys and girls affected by emergency situations was not to be left to a development agenda, but had to be placed on the human rights agenda.

Challenges remained, said Mr. Munoz, including the lack of adequate and sufficient funding for education in general, and the failure to fulfil donations. Assistance was more effective in States with stronger policies and better institutional frameworks. Fragile States were simply not getting what they needed. The priorities of donors had shifted from long-term development needs to humanitarian assistance. Educational opportunities even in times of peace were frequently unequal and discriminatory and such inequalities, and discrimination was exacerbated in times of emergency situations. In recommendations, he urged donor States, multilateral donors and other actors to acknowledge the right to education; for more resources be allocated to fragile States; for States to identify emergency education plans; and that a study programme be created that was adaptable and non-discriminatory as a response to the needs of boys and girls in emergency situations.

AGNES AIDOO, Committee Expert acting as Rapporteur for the Working Group on Continuation and/or Reconstruction of the Educational System, said that the discussion in the Working Group highlighted that education was crucial, but often overlooked. A child had said that school was his sanity; a chance for his future; and that the only thing that could be carried away from the community or home was what was in his head and what he had learned. Education should be provided for all regardless of the nature and the extent of the emergency. According to the latest United Nations Educational, Scientific and Cultural Organization assessment, of the 72 million children out of school, 37 million were found in chronic emergency situations. Development partners were also not thinking of education in emergency situations; the applied a priority or hierarchy of rights, first ensure the right to life, and then deal with education. However, it had been pointed out that the average duration of conflicts were 10 years and that the average stay of a person in a camp for the internally displaced was 17 years; that was there entire childhood. Those children had to enjoy all of their rights, including the right to education.

The Working Group had highlighted the need to respect children’s rights in responding to emergency situations, Ms. Aidoo said. Education was protection for the well-being and security of children in conflict situations. The hierarchy with respect to development partners in addressing the right of children to education, which was ranked lower than other priorities, had to be changed. The Fast Track Initiative (a partnership of developing countries and donors to help low-income countries achieve the Millennium Development Goal of universal primary education by 2015) would support all countries in the transition and an emergency fund had been created to support emergency disaster relief targeted for education. Early childhood development was often overlooked in emergency situations, which needed to be addressed. International cooperation and coordination was essential. A culture of rights needed to be supported.

The Working Group had recommended that national systems of education be strengthened to withstand emergency situations; that the voice of children as rights holders should be strengthened; that there should be an investment in teacher training, including, compensation and support for dealing with both traumatized children and teachers; and that a holistic and cross-sectoral approach should be used. HIV/AIDS, gender and disabilities should be regarded as crosscutting issues within the context of emergency assistance for education, keeping in mind the Interagency Network for Education in Emergencies minimum standards. Finally, Ms. Aidoo said the Working Group urged the Committee to develop a general comment on the right to education in emergency situations, and to request State parties to report on the state of education in emergency situations.

AWICH POLLAR, the Committee Expert acting as Rapporteur for the Working Group on the Content and Quality of Education Provided for Children in Emergency Situations, said that the Working Group had found many issues to be cross-cutting. It was in agreement that education should be a component in the kit of assistance in emergency situations. It was very important that education was not just provided, but that quality education was provided. Education helped children return to a normal state of life, and a child-friendly school was needed to do that. Further, it was agreed that children in emergencies required special help on how to survive, such as basic knowledge on health, how to protect themselves from exploitation and an understanding of what had happened to them and why they were in this state.

Many participants had focused on the participation of girls in particular, and underscored that they must not be left behind, Mr. Pollar said. In emergency situations play and recreation were also necessary. As Governments determined curriculums, there should be a transparent and participatory process.

LOTHAR KRAPPMANN, the Committee Expert acting as co-Rapporteur for this Working Group, said that he had compiled some recommendations, though they could be subjective, as they were not discussed by the Working Group. They included that the young child, the post-primary adolescent, and the girl not be forgotten; that the quality aspect not to be forgotten; that education had to be made relevant; and that the overarching aim was to improve how and what was learned. It was also considered vital that negotiations be undertaken with Governments so that certificates issued in emergency contexts were recognized and those children could be reintegrated into schools when the emergencies or conflicts were at an end.

MOUSHIRA KHATTAB, Committee Expert serving as Rapporteur for the Day of General Discussion, in concluding comments, said that the Convention on the Rights of the Child treated the right to education as a fundamental right without discrimination of any kind. It had been a guiding principle of the discussion today. Some 100 participants had also submitted and provided succinct analysis of the issue.

Ms. Khattab identified five key messages from the discussion today: education was a human right; it was a relief message, which was key; it formed an integral part of every humanitarian response; it had to be provided at the outset of an emergency; and that minimum standards had to be respected. Education was a protective tool, key for the physical, psychological and cognitive development of children.

Today’s discussions focused on two closely related and intertwined topics: access and quality, Ms. Khattab noted. With respect to access, the meaning behind it was the continuation and reconstruction of the educational system. Four key points highlighted in discussion on access included prediction of the emergency; prevention of the emergency; preparedness for the emergency; and participation. Prediction focused on the planning and partnership with international organizations and partners; prevention focused on peace talks or measure to minimize the tool of a natural disaster; preparedness focused on institutional capacity and reconstruction efforts during an emergency; and participation focused on the support of parents, children and the local community as a prerequisite to the success of reconstruction and the stability of the educational system.

For education to function as a protective and preventive strategy, quality was of the essence, Ms. Khattab underscored. To do that they had to look at curricula, as well as child friendly models and systems. Curricula should be relevant, flexible, appropriate, non-discriminatory, gender sensitive, inclusive and protective. Adaptive curricula could be easily used in emergency situations and would include simplified and summarized versions of the textbooks and learning aids. It should include a psychological component and another for the rehabilitation of traumatized children, with the proper life-skills and protection measures. Child friendly models included such tools and concepts as self-learning and children’s empowerment; participation using the active learning pedagogy; peer learning and youth participation; community involvement in management and curriculum; leisure and recreational activities; and the school as a zone of peace and a centre for comprehensive child services. Lastly, systems should be focused on innovative schooling models and implemented in emergency situations where conventional teachers might not be available. Accountability and transparency were key to ensure the implementation of rights. Children should not be manipulated by any political or religious groups.

YANGHEE LEE, the Committee Chairperson, in brief closing remarks, said that today’s discussion had highlighted a number of things, among them, that the right to education was a human right and was indivisible with other human rights, and that an education component be included in all emergency response strategies. It also became clear that there was a need to take preventive action to ensure the right to education in emergency situations. While it was not normally possible to predict emergencies, in some areas of the world it was known that they were prone to certain natural disasters. Climate change had exacerbated the problem.


For use of the information media; not an official record

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