Module 9: Assignment
The right to education
I. Summary
Education is essential building block of human and economic development, yet most people with disabilities face disproportionate barriers in accessing schooling. The exclusion of children with disabilities is discriminatory and leads to further marginalization of this already vulnerable group.  Article 20 of Namibia’s Constitution, provides for education as the right of all residents, and for compulsory primary education for all children1.
Human rights law places three obligations on States in relation to right to education:
1.	State must not interfere with enjoyment of this right.
2.	State must protect against discrimination 2,3 
3.	 State must take steps, using  maximum of available resources, with view to achieving  full realization of right to education.2,3
 The Salamanca statement asserted that education for all could  be achieved with all types of learners in one learning environment, as  “regular schools with inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building  inclusive society and achieving education for all”4. 
Inclusive education acknowledges that every child has unique characteristics, interests, abilities and learning needs. Those learners with special education needs must be accommodated in  general education system through child-centred pedagogy.  Government should ensure inclusive schools recognize and respond to  diverse needs of their students by accommodating  different styles and rates of learning; ensuring quality education to all through appropriate curricula, organisational arrangements, teaching strategies, resource use and partnership with parents and communities.  Training for teachers is imperative, as is establishment of training programmes for school administrators, education planners and policy makers.
Attend to external factors limiting access to education, including altering physical environment, alternative forms of communication, and nutritious meals.
Inclusive education should be viewed under expansive perspective, embracing lifelong learning, stretching from early childcare, vocational training, to life-skills education for older persons. 

Inclusion is often misconceived as prohibitively expensive, impractical or strictly disability-specific issue. Research suggests, States that have appropriately implemented inclusive education model found it can be less costly to implement and operate than segregated special education services; have broader educational and social benefits for children and contribute significantly to ongoing professional development and job satisfaction of educators.5

Combat the stigma attached to disability through increasing awareness among general population, and people with disabilities regarding their potential, abilities and rights.
States should establish effective and transparent monitoring and evaluation procedures.

II.	 Need for change
 According to Education Act of 2001, State schools are classified into primary, secondary, special, and adult education6 -  see Annex A.
 Namibian education system is experiencing many obstacles. Currently the system is faced 
with weaknesses in provision of education to all. 
•	There is 98.3% enrolment of learners in primary education but a worrying trend is that system does not retain these numbers through secondary education – proportionally more children drop out or do not have access to education. These are most likely children with: disabilities; learning difficulties; extreme health conditions; street children; etc.
•	There are few special facilities for learners with disabilities. There are approximately 1500 schools in Namibia. Only nine cater for visually and hearing impaired learners and those with learning difficulties.  Thirty five of schools have special classes for children with learning difficulties. There is a long waiting list for learners waiting to be enrolled to special schools.7 
•	There is little information on the academic success or failure of learners with disabilities.
•	While teachers are seen as generally adequately educated they lack specialized training
•	Awareness on right to education is low in civil society; among professionals and policy makers. As such, stigmatization and prejudice are associated with people who suffer from disabilities and their families. Consequently, they are subject to discrimination, isolation, neglect and their abilities are underestimated.
Thus the situation as illustrated above calls for a relook in order to effect drastic changes to education system.

III.	 International Conventions 
Instruments below speak to:
•	inclusion and offering of quality education to all children 
•	commitment to Education  for All
1.	 Universal Declaration of Human Rights
Article 26:
1.	 Everyone has right to education….Technical and professional education shall be made generally available and higher education shall be equally accessible to all ..
2.	 Education shall be directed to full development of human personality…8 
2.	International Covenant on Economic, Social and Cultural Rights 
Article 13 recognizes the right of everyone to free education.  Education is seen both as a human right and as "an indispensable means of realizing other human rights”2
3.	Convention on the Elimination of All Forms of Discrimination against Women  
Article 10: States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of …9

4.	Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries 
Articles 26- 27: Measures shall be taken to ensure that members of the peoples concerned have  opportunity to acquire education at all levels on equal footing with the rest of national community and that education programmes and services shall be developed and implemented in co-operation with them to address their special needs …10

5. 	 Convention on the Rights of the Child 
Article 28: The child has right to education, which the State should provide free and compulsory at primary level
Article 29: Education shall aim at developing the child's personality, talents and mental and physical abilities to fullest extent ….11 
 
6.	Standard Rules on the Equalization of Opportunities for Persons with Disabilities 
Rule 6 urges states to ensure education of persons with disabilities is an integral part of  educational system12

7	Convention on the Rights of Persons with Disabilities
Article 24: States Parties recognize right of persons with disabilities to education. States Parties shall ensure an inclusive education system at all levels on basis of equal opportunity without discrimination3.

IV.	Recommendations
 Existing human rights instruments clearly recognize inclusive education as an indispensable element of right to education for persons with disability
As a party to human rights treaties, Namibian Government have legal obligation to respect, protect and fulfil the right to education under those treaties
Areas of action:

1.	Legislation , policies and plans
•	review education legislation to recognize inclusive education. 
•	establish administrative and advisory structure for  development of inclusive education  at all levels
•	revise and effect funding arrangements for inclusive education 
•	ensure accessibility to physical facilities and education programmes to all  
•	develop  monitoring and evaluation tools
•	collaborate with all  stakeholders  on inclusive education 
2.	Finance 
 Areas for funding include: training teachers and administrators; conversion of special schools into resource centres, adequate staff remuneration, and introduction of reasonable accommodation 
3.	Curriculum 
•	Review curriculum 
•	Apply modification of subject content, and use suitable methodologies and material 
•	Develop examination and assessment concessions in view of diversity of learners without forsaking quality
4.      Human resource 
•	Infuse inclusive education practices in all teacher education training programmes 
•	Train:
(a)	all teaching staff in differentiated instruction and learning support provision
(b)	 para-medical to provide services in schools
(c)	 and appoint, support  professionals such as teacher assistants, mobility and orientation instructors, interpreters etc. 
(d)	 inclusive education specialists to act at advisory level 
(e)	advisory teachers, inspectors, education officers on inclusive education practices
•	Develop and offer continuous professional development programmes 
•	Capacitate physical planners on planning, renovating and constructing accessible facilities
5.	Institutional development  
•	Turn all schools into inclusive schools
•	Establish inclusive education system at beginning of any form of early childhood education
•	redefine and develop current roles of special classes to become educational support at school level
•	transform, proportional to the need, current special school into resource schools
6.	Advocacy
 Awareness campaign will focus on:
•	developing  common vision, understanding and language on inclusive education 
•	 awareness to all parents, guardians and communities about right to education of every child
•	Underline civil society contribution to education delivery  
•	capacitate and inform communities on where to report discriminatory practices 
•	capacitated community to support inclusive education
7.	Monitoring and evaluation 
•	develop wide scope data collection on educationally marginalised learners
•	identify and manage of challenges that prevent effective inclusion
•	apply and promote  research and analysis on measuring progress and impact of inclusive education 
V.	 Obligations to include civil society in law and policy reform
 Inclusive education cannot be realized without co-operation of families, and mobilization of  community, voluntary organizations and support of public at large.  All have responsibility to promote and protect  right to inclusive education.  
 Various partners in the community, including organizations of persons with disabilities, parents’ associations, local authorities and other non - governmental organizations, should be empowered to take responsibility for the programme, and their representatives involved in design and implementation of programmes.
As voluntary associations and national non-govern mental organizations have more freedom to act and can respond more readily to expressed needs, they should be supported in developing new ideas and pioneering innovative delivery methods. They can take active part in identifying needs, expressing views on priorities, administering services, evaluating performance and advocating change.
Legislation and policy should ensure such participation of  civil society. 
Citizens, residents, it is their duty to assist the Government with  provision of quality education for all. All have to work as a team.

References
1	Republic of Namibia: Constitution of Namibia
2	United Nations (1966) International Covenant on Economic, Social and Cultural Rights, United Nations General Assembly Resolution2200A (XXI). New York: United Nations General Assembly 
3	International Convention on the Rights of Persons with Disabilities. Adopted by the United Nations General assembly in December 2006. (http://www.un.org/disabilities/documents/convention/convoptprot-e.pdf)
4	United Nations Educational, Scientific and Cultural Organization (1994) The Salamanca Statement and Framework for Action on Special needs education  adopted by the World Conference on Special needs education: access and quality.  Salamanca, Spain
5	Muñoz, V.,(2007) “Report of the Special Rapporteur on the right to education: The right to education of persons with disabilities”, A/HRC/4/29
6	Republic of Namibia: Education Act No 16, 2001 
7	Education in Namibia. Accessed June 2012
en.wikipedia.org/wiki/Education-in-Namibia
8	United Nations (1948) Universal Declaration of Human Rights United Nations General Assembly Resolution 217 A (III)). New York: United Nations General Assembly 
9	United Nations International Convention on the Elimination of All Forms of Discrimination Against Women
10	Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries adopted  on 27 June 1989
11	Convention on the Right of the child(1989).Adopted by United Nations General Assembly resolution 44/25 of 20November, 1989.
(http:www.unhchr.ch/html/menu2/6/crc/treaties/crc.htm)
12	United Nations (1993) The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, United Nations General  Assembly  Resolution 48/96 of 20 December 1993.  http://www.un.org/esa/socdev/enable/dissre00.htm
Annex A
Extract from Education Act, No 16 of 2001
School board of special school and school providing special education

20. (1) A school board of a school which is not a special school but which provides special education, must -
a)	Subject to subsection (3), co-opt at least one person with expertise in special education as a member of the school board; and
b)	Establish a committee to advise the school board on the provision of special education at the school.

	(2)	Subject to subsection (3), a school board of a special school may, in addition to those persons elected in terms of section 19, co-opt one or more of the following persons -
a)	A representative of a sponsoring body for the school;
b)	A representative of organizations of parents of learners with special education needs;
c)	A representative of organizations of persons with disabilities;
d)	A person with disability.

	(3) A co-opt member of a school board has no right to vote at any meeting of a school board.

STATE SCHOOLS AND HOSTELS
Establishment and classification of state schools and hostels

33. 	(1) The Minister, out of money's appropriated for this purpose by parliament, must-
a)	Establish and maintain state schools and classes for the provision of 
i.	Primary education;
ii.	Secondary education;
iii.	Special education;
iv.	Adult education; and
v.	Education referred to in section 1(2); and
b)	Establish and maintain hostels, teachers, resource centre's, school clinics and other facilities which may be necessary for the benefit of learners and teachers in attendance at state schools and classes contemplated tin paragraph (a).
	(2) The Minister may -
a)	Classify schools in categories or sections;
b)	Divide an established school into sections
c)	After consultation with the school boards and the Regional Educational Forum concerned, combine two or more established schools into one school; or 
Name or rename any state school on the recommendation of the school board