Commentary
Newsday
November 20 marked the World Children’s Day under the theme “Inclusion for every child”. TTUTA once again calls on the Government to respect its international obligations and ensure that all children living in TT have access to education, including children of immigrants and refugees.
As a country we have signed and ratified the 1989 Convention on the Rights of the Child. It should be emphasized that after the ratification of the convention we are bound 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 international or domestic legislation and procedures, whether unaccompanied or accompanied by him/her . parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of the applicable rights set forth in this Convention and in other international human rights or humanitarian instruments to which the States concerned are parties.”
While the education law defines the compulsory school age as five to 12 years and alludes to the duty of parents to ensure the education of their children in Article 78, our Constitution does not guarantee children the right to education, but curiously guarantees parents the right to choose a school their child can attend.
Article 28 recalls: “State parties recognize the child’s right to education; with the aim of achieving this right progressively and on the basis of equal opportunities, they shall in particular: (a) make primary education compulsory and free for all; (b) Encourage the development of various forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as introducing free education and providing of financial assistance in case of need.”
Failure to allow the children of these migrants to access school risks exposing them to neglect or other forms of exploitation. Article 32 specifically addresses this issue as follows: “States parties recognize the right of the child to be protected from economic exploitation and from performing any work that may be dangerous or interfere with the education of the child, or be harmful to the child. health or physical, mental, spiritual, moral or social development”.
While the challenge of allowing these children to enter school is completely understandable, this is a unique situation that requires a unique response given the cultural and language barriers. The most important concern now must be the social and economic cost of not allowing children who have been in TT for several years but remain outside the formal school system.
How many of these children will continue to live in the country into adulthood and beyond without basic literacy and numeracy skills? How will this decision affect the already volatile crime situation? What about our humanitarian obligations as a country that adheres to the basic principles of democracy and human rights? Why does the wall of silence from the state authorities continue on this issue? Where is our policy on immigrants and refugees?
Thankfully our health care system does not discriminate in the provision of health services, but our formal education system remains closed to a large segment of our population. This is an unsustainable situation that must be addressed urgently because of the serious social and economic consequences in our society.
A notable commendation is the effort of many non-governmental organizations to assist migrants from a socio-economic perspective, including providing 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 education in accordance with the Convention on the Rights of the Child. Children cannot be denied the right to education because of circumstances beyond their control.
Denying migrant children access to education will further alienate and marginalize 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 brilliance of our children with an emphasis on inclusion, we seem to take pride in excluding some of them who dwell among us.
