Questionnaire on the right to education for migrants, refugees and asylum seekers addressed to NGOs, experts, academics and other members of civil society.
The annual report of the Special Rapporteur on the right to education to be presented to the Human Rights Council in 2010, will focus on the right to education of migrants, refugees and asylum-seekers. To assist in the preparation of the report and in anticipation of related and sustained research on the theme, UNHCR is collating information from all relevant and interested parties.
With the aim of hearing from all interested persons and/or organisations about their experiences, concerns and thoughts in the provision of education for migrants, refugees and/or asylum seekers, we seek and would welcome your cooperation by responding to this questionnaire as fully as possible.
The focus of the report, and as such of the proposed questionnaire, is on persons who are living outside the territory of the county of which they are nationals or citizens, irrespective of their age. It includes migrants in regular or irregular situations, and persons who are subject to the legal protection of the status of refugee and/or those who are seeking asylum.
To ensure a full reflection in the answers of the differing status, needs and experiences of migrants and refugees and/or those who are seeking asylum, where appropriate the questions have been split into one of two categories: (i) migrants and (ii) refugees and/or asylum seekers. Should one category not apply to your domain of expertise please simply pass on to the next question.
In responding to this questionnaire, particular attention should be paid to the principle of non-discrimination, in conjunction with the four essential features previously identified as critical components of the right to education, namely, availability[1], accessibility[2], acceptability[3] and adaptability[4].
It is strongly encouraged that submissions be made in a UN working language due to limited capacity for translation and transmitted electronically to vernormu@yahoo.es or by post to Vernor Mu–oz, PO Box 1245 – 1007, Centro Colon, Costa Rica
In order for the information received to be used for the report of the Special Rapporteur, submission of responses is encouraged as soon as possible and no later than 31 December 2009
Questionnaire
Note: Each section opens with a short explanation of its aim, with each specific question that follows addressing a specific issue of importance. Footnotes are given to facilitate your understanding of specific issues raised and to emphasize the focus of particular questions.
Should one question not apply to your domain of expertise please simply pass on to the next question.
Whilst the questionnaire is formally addressed to those currently involved in the field of education of migrants, refugees and/or asylum seekers, the issues it raises are equally applicable to those previously involved. Should this apply to you, please do not hesitate to share with us your thoughts and comments in relation with the questions raised here.
General information
This section aims to contribute to a global understanding of the demographic and sociological characteristics of migrants and refugees and/or asylum seekers.
1. Name of the respondent (Please specify organisationŐs name if you are representing it for the purpose of this questionnaire):
2. Please, tell us how you or your organisation became involved by the education of refugees, asylum seekers and/or migrants.
3. Please tell us where you or your organisation is working with migrants, refugees and/or asylum seekers.
4. Please, confirm the specific numbers and proportion of the population in the location (s) referred to above[5] (s) that comprises:
5. Please, provide details by groups of ages (children (0-18), youth (19-25), adults (26-59) seniors (+ 60)) in the location (s) where you or your organisation is working. In addition, and where possible, please disaggregate into gender and disabilities.
6.a In your opinion, in which context does the majority of the migrant population live in the location (s) referred to above[6]: urban/rural areas, large/small, shantytowns, etc. Please describe the context.
6.b. In your opinion, in which contexts do the majority of refugees and/or asylum seekers live in location (s) referred to above (s)[7]: urban/rural areas, refugee camps/settlements, etc? Please describe the context.
7. Please describe the characteristics of the people living in the location (s) referred to above (s)?[8]
LearnerŐs challenges
This section aims to contribute to an understanding of the needs and challenges faced by migrants, refugees and asylum seekers migrants in securing their right to education where they are currently living.
When answering the following questions please consider issues such as gender, gender parity, group of ages (children, adolescents and youth, adult), cultural background and diversity, socio-economic status, persons with physical and mental health disabilities, health concerns (HIV AIDS, sexually transmitted diseases, pregnancy, etc.) recognition of diplomas, lack of documentation, financial resources, language barriers, certification of learning outcomes, etc...
8.a In the country (ies) where you or your organisation is working, what do you consider to be the most important needs of migrant populations with regards to education?
8.b In the country (ies) where you or your organisation is working, what do you consider to be the most important needs of refugees and asylum seekers with regards to education?
9.a In the country (ies) where you or your organisation is working, please indentify specific barriers faced by migrants in accessing education. Where possible, please give examples.
9.b In the country (ies) where you or your organisation is working, please indentify specific barriers faced by refugees and asylum seekers in accessing education. Where possible, please give examples.
10. In your opinion, what steps have been taken to address these barriers (for migrants, refugees and/or asylum seekers)? Please provide details of any such steps that have had a particular positive impact by group of population of concern.
11. In your opinion, what constraints are relevant stakeholders experiencing in addressing these barriers still further?
12.a In the country (ies) where you or your organisation is working, what, if any, barriers do migrants face in achieving learning outcomes equal to those of nationals? Where possible, please give examples.
12.b In the country (ies) where you or your organisation is working, what, if any, barriers do refugees and asylum seekers face in achieving learning outcomes equal to those nationals? Where possible, please give examples
13. What steps have been taken to address any identified barriers? Please provide details of any such steps that have had a particular positive impact by group of population of concern.
14. What constraints do stakeholders face in addressing these barriers still further?
15.a In this (these) country (ies), which specific factors, if any, impact gender parity in access to and quality education of migrants? Please provide examples where possible.
15.b In this (these) country (ies), which specific factors, if any, impact gender parity in access to and quality education of refugee and asylum seekersŐ.
16.a In this (these) country (ies), which specific factors impact access to and quality education of migrants with disabilities? Please provide examples where possible.
16.b in this (these) country (ies), which specific factors impact access to and quality education of refugees and asylum seekers with disabilities? Please provide examples where possible.
17.a In this (these) country (ies), which specific factors impact access to and quality education of adult migrants? Please provide examples where possible.
17.b In this (these) country (s), which specific factors impact access to and quality education of adult refugees and asylum seekers? Please provide examples where possible.
Education Concerns
This section seeks to contribute to an understanding of how the presence of migrants, refugees and asylum seekers in your country impacts education services and more specifically that of education provision and demand.
In answering the questions in this section, please pay particular attention to education programmes from early childhood to younger adulthood. Where possible please specify which educational levels (primary, secondary, post-secondary (university, tertiary, etc) and type of programmes (formal and non-formal education) are related to your answer.
18.a Do you consider that the presence of migrant populations in the country (countries) where you or your organisation are working affects the national (public and private) education system? (If yes, please ask how the system is affected)
18.b Do you consider that the presence of refugee and asylum seeker populations in the country (countries) where you or your organisation are working affects the national (public and private) education system? (If yes, please ask how the system is affected)
19. What specific formal requirements must migrants, refugees and/or asylum seekers[9] meet to ensure their access to the school in the country (ies) where you or your organisation is working? (Please indicate for which level of education those factors and conditions relate)
20.a In the country (ies) mentioned above, which organisations or/and individuals are responsible in guaranteeing the right to education to migrants?
20.b In the country (ies) mentioned above, which organisations or/and individuals are responsible in guaranteeing the right to education to refugees and asylum seekers?
21. With respect to the educational programmes implemented in the country (ies)[10] where you or your organisation is working, would you consider that the diverse background and specific needs of migrants, refugees and/or asylum seekers[11] are respected? (Please explain your answer and provide examples where possible)
22.a Do the stakeholders in the country (ies) where you or your organisation is working, provide and ensure access to education programmes that are culturally and linguistically appropriate to migrants? (Please, indicate how many migrant children/youth/adults have access to the education system in this location and where; and when possible please give three or more examples.)
22.b Do the relevant stakeholders in the country (ies) where you or your organisation is working, provide and ensure access to education programmes that are culturally and linguistically appropriate to refugees and asylum-seekers? (Please, indicate how many refugee children/youth/adults have access to the education system in this location and where)
23. Concerning the education programmes proposed in the country (ies) where you or your organisation is working, is there a monitoring system aimed at evaluating progress in the attendance and learning outcomes of learners[12]? (If yes, please indicate how this system functions and who is responsible for the system.)
24. Are migrants, refugees and/or asylum seekers attending schools or educational programmes other than those recognised by the Education authorities in the country (ies) where you or your organisation is working? (If yes, please describe those schools, and then, if any, form of collaboration between those schools/programmes and the Educational authorities)
25. In the country (ies) where you or your organisation is working, do teachers and other educational personnel receive specific training on the inclusion of migrants, refugees and/or asylum seekers[13]? (If so, please give one example for each group of population: migrants, refugees, asylum seekers)
26. In the country (ies) where you or your organisation is working, do teachers and other educational personnel receive specific training to deal with particular learnersŐ needs such as skills-based health education, human rights, peace education, information necessary for survival (i.e. landmine awareness) etc ? (if yes, please give some examples)
27. In this (these) country (ies), do migrants, refugees and/or asylum seekers have access to non-formal education programmes[14] such as vocational training, life skills courses, learning/recreational centres, etc...? (If yes, please provide details of specific programme and the extent to which migrants, refugees and/or asylum seekers are included).
28.a In your opinion, which factors best facilitate the inclusion of migrants into the education system of the country of settlement?
28.b In your opinion, which factors best facilitate the inclusion of refugees and asylum seekers into the education system of the country of asylum ?
29. In which area, if any, would you consider that the country (ies) where you or your organisation is working needs support to ensure access to and inclusion in qualitative education programmes for migrants, refugees and or asylum seekers? (Please specify to which group/s your answer relates)
Legal framework
This section focuses on the collation of information on legal instruments and their channels of application that concern the right to education of migrants, refugees and asylum seekers living in the location of concern. Its additional aim is to increase awareness, understanding and familiarity with tools of cooperation endorsed by governments to facilitate qualitative education for refugees, asylum seekers and migrants.
30. In your opinion, is the right to education for refugees, asylum seekers and/or migrants ensured in the country (ies) where you or your organisation is working[15]? (for whom?; under which circumstances?, etc.)
31. Please, provide information on how the national legislation in the country (countries) where you or your organisation are working recognises the right to education for the following groups of persons:
32. Please, detail the specific steps taken to ensure implementation of such legislation as it relates to each category of persons.
33. Is (Are) the mentioned country (ies) party to any agreement of cooperation and/or partnership with any other State or institution in the provision of education to:
If so, please provide details (with whom, which kind of agreement and for which purposes).
Additional Information
34. Please identify, and where possible provide copies of any study, document or/and article that supports your answers to this questionnaire and/or provides additional detail and analysis of the educational needs, provision and outcome of migrants, refugees and/or asylum seekers.
35. Please, feel free to add any comment, observation and/or reflection that you consider necessary to the purpose of this report.
The Special Rapporteur extends his grateful thanks to all who take the time to respond to this questionnaire.
[1] 'Availability' presupposes that the right to education requires functioning educational institutions and programmes to be available in sufficient quantity within the jurisdiction of the State party.
[2] 'Accessibility' refers to the requirement that educational institutions and programmes are accessible to everyone. This component has three overlapping dimensions: non-discrimination (particularly for vulnerable groups); physical accessibility (geographic location, safe physical reach and accessible to those with disabilities); and economic accessibility (education is affordable for all; primary education is free).
[3] 'Acceptability' refers to the requirement that the form and substance of education, including curricula and teaching methods is acceptable (e.g. relevant, culturally appropriate, respectful of human rights and of good quality) to students and, as appropriate, parents.
[4] ''Adaptability' refers to the requirement that education is sufficiently flexible to be able to adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.
[5] As per answer to question 3.
[6] As per answer to question 3
[7] As per answer to question 3.
[8] This question refers to other relevant information regarding demographic, cultural and sociological background of migrants, refugees and asylum seekers.
[9] Please specify for which group of population of concern your answer is related.
[10] Please specify the location (s) : province, region, country
[11] Please specify for which group of population of concern your answer is related.
[12] Please specify the particular status of the learners concerned by your answer (refugee, asylum seeker or migrant).
[13] This question only applies to cases where refugees, asylum seekers and/or migrants have access to the schools and others education programmes from the asylum country.
[14] ŇNon-formal education programmes are typically run outside the formal, structured school system and no not necessarily lead to certification or accreditation. However, they may in some cases be attached to schools or included under Ministry of Education supervision, and learners may use non-formal education programmes as a springboard for later entry into formal education programmes. Such programmes have a plan of action that outline learning objectives, learning content and instructional materials and are characterised by their variety, flexibility, relevance to specific groups of learners and ability to respond quickly to new educational needs of children or adults. Their curricula range from derivatives of ministry curricula, sometimes delivered in accelerated courses, to entirely new curricula and new approaches to learning.Ó
[15] It refers to the place where the refugees/asylum seekers or migrants are currently living (camps, settlements, town, etc.) as per the answer to question 3.