Inclusion for every child

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NOVEMBER 20 marked the observance of World Children’s Day under the theme “Inclusion for Every Child.” TTUTA once again calls on the Government to observe its international obligations and ensure that all children living in TT have access to education, including the children of migrants and refugees.

As a country we have signed and ratified the 1989 Convention on the Rights of the Child. It must be noted that having ratified the convention we are bound to it by international law; it is legally binding.

Article 22 of the convention states that “States parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present convention and in other international human rights or humanitarian instruments to which the said states are parties.”

While the Education Act defines the compulsory school age as being five-12 years and alludes to the duty of parents to secure the education of their children in Section 78, our Constitution does not guarantee children the right to education but curiously guarantees parents the right to choose a school to which their child can attend.

Article 28 reminds, “States parties recognise the right of the child to education; with a view to achieving this right progressively and on the basis of equal opportunity, they shall in particular: (a) Make primary education compulsory and available free to all; (b) 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.”

Failure to allow children of these migrants to access schooling risks exposing them to neglect or other forms of exploitation. Article 32 specifically addresses this issue as follows, “States parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.”

While the challenge of allowing these children to access schooling is perfectly understandable, this is a unique situation that requires a unique response given the cultural and language barriers. The more relevant concern should now be the social and economic cost of not allowing children who have been resident in TT for several years, yet remain outside of the formal school system.

How many of these children will continue to reside in the country well into adulthood and beyond, devoid of basic literacy and numeracy skills? How will this decision impact on the already untenable crime situation? What about our humanitarian obligations as a country that adheres to fundamental principles of democracy and human rights? Why the continued wall of silence from the state authorities on this issue? Where is our policy on migrants and refugees?

Thankfully our healthcare system does not discriminate in the provision of health services but our formal education system remains curiously closed to a large segment of our population. This is an untenable situation that must be addressed with urgency owing to the severe social and economic consequences on our society.

Of notable commendation is the effort of many non-governmental organisations to assist migrants from a socio-economic perspective, including the provision of some form of basic education. This is being done based on the generosity of good Samaritans and is obviously limited in scope and capacity. Education International (EI), of which TTUTA is a proud affiliate, clearly states that refugee and migrant children must have the right to an education in keeping with the Convention on the Rights of the Child. Children cannot be denied the right to education owing to circumstances beyond their control.

Denying migrant children access to education will further alienate and marginalise them with dire consequences. Children belong in school, not on the streets where they can be abused, exploited, miseducated and recruited by gangs. While the world recently celebrated the beauty and splendour of our children with an emphasis on inclusion, we seem to take pride in excluding some of them resident among us.

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