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3  4 Ibid.
35 Sarmila Shrestha, Narayan Kaji Shrestha, and Sunil Deepakat, “A Community Assessment of Poverty and Disability among Specific Rural Population Groups in Nepal,” Asia Pacific Disability Rehabilitation Journal, vol. 20, no. 1, 2009, p. 83. 36 World Bank, “Social Analysis and Disability: A Guidance Note,” March 2007, http://hpod.pmhclients.com/pdf/SAnalysisDis.pdf (accessed July 26, 2011), p. 9. 37 Ibid. 38 Sarmila Shrestha, Narayan Kaji Shrestha, and Sunil Deepakat, “A Community Assessment of Poverty and Disability among Specific Rural Population Groups in Nepal,” Asia Pacific Disability Rehabilitation Journal, vol. 20, no. 1, 2009, p. 85. 39 World Bank, “Nepal: Providing Essential Health Services to the Poorest and Most Excluded,” 2011, http://www.worldbank.org.np/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/NEPALEXTN/0,,contentMDK:22889270~page PK:1497618~piPK:217854~theSitePK:223555,00.html?cid=3001_7 (accessed July 26, 2011). 40 Ministry of Education of the Government of Nepal, “Flash I Report 2066 (2009-2010),” November 2009, p. 40. 41 Ibid, p. 12. 42 Ibid, p. 17. The total number of students at primary, lower secondary and basic level is 4,900,663; 1,604,422; and 6,505,085 respectively. 43 Ibid, p. 23. Table 1: Students with disabilities by type of disability and school level44
While the government reports that 68,306 children with disabilities are in school,46 at the core of the problem is the lack of data on the number of children with disabilities out of school. According to the Ministry of Education, 6.3 percent primary-school-aged children are not in school, totaling more than 329,000 children.47 However, available data on student enrolment does not identify how many of these out-of-school children have a disability.48 4  4 Ibid, p. 24.
45 This term refers to children with intellectual disabilities. 46 Ministry of Education of the Government of Nepal, “Flash I Report 2066 (2009-2010),” November 2009, p. 24. 47 Ibid, p. 27. 48 Government of Nepal, National Planning Commission/United Nations Country Team of Nepal, “Nepal Development Goals, Progress Report 2010,” September 2010, http://www.undp.org.np/pdf/MDG-Layout-Final.pdf (accessed June 4, 2011). The government has been working with the Resource Center for Rehabilitation and Development (RCRD) of Nepal to develop baseline data and a national updatable database on the number of people with disabilities. They are working with district government officials to develop software and mobilized districts and municipal development committees. However, the government allocated only 50,000 Nepali rupees (equivalent of roughly US$700) to each district to carry out this task. As a consequence, the data is being collected in only some villages in each of the 75 districts. Fifty districts have completed household surveys and the data should be available by the end of 2011. Under Nepal’s Interim Constitution, the state is obligated to provide free education to all children up to secondary level, or for Classes 1 through 8.49 The Ministry of Education is responsible for overall development of education in the country, including the formulation and implementation of education policies and plans.50 District Education Offices in each of Nepal’s 75 districts have direct oversight over the schools in their area. The government has instituted a decentralization policy, whereby local governments “are expected to play an increasing role in the planning and implementation of public services.”51 The Special Education Council, under the Ministry of Education, is responsible for developing and implementing inclusive education in Nepal.52 The Government of Nepal has stated its commitment to achieving universal primary education as part of its efforts to reach the Millennium Development Goals by 2015. 53 Similarly, Nepal is part of the Education for All (EFA) campaign, which aims, among other things, to “[e]nsure that...all children, particularly girls, those in difficult circumstances, and those belonging to ethnic minorities, have access to, and complete, free and compulsory primary education of good quality” by 2015.54 Nepal’s School Sector Reform Program (SSRP) 2009–2015 aims to improve access, equity and quality within the education system to meet the EFA and MDGs, with an emphasis on out-of 4  9 United Nations Development Programme, “The Interim Constitution of Nepal, 2063 (2007),” 2008, http://www.ccd.org.np/new/resources/interim.pdf (accessed May 31, 2011), section 17(2).
50 Government of Nepal, Ministry of Education, “About MOE,” September 7, 2010, http://moe.gov.np/new/ (accessed June 4, 2011). 51 Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011), p. 16. 52 The Council is comprised of 13 members and is chaired by the Minister of Education. Education Act 2028 (1971). 53 The Millennium Development Goals are eight goals to be achieved by 2015 that respond to the world's main development challenges. The MDGs are drawn from the actions and targets contained in the Millennium Declaration that was adopted by 189 nations-and signed by 147 heads of state and governments during the UN Millennium Summit in September 2000. United Nations Development Programme, “Meeting the Millennium Development Goals in Nepal,” February 2011, http://www.undp.org.np/mdg/ (accessed June 4, 2011). 54 Education for All (EFA) is an international initiative led by UNESCO to provide quality basic education for all children, youth and adults. In 2000, 164 governments pledged to achieving six specific education goals by 2015. UNESCO, “Education for All (EFA),” 2011, http://www.unesco.org/new/en/education/themes/leading-the-international-agenda/education-for-all/ (accessed May 14, 2011). Nepal also recognizes the Salamanca Declaration, adopted by the World Conference on Special Needs Education in 1994, and the Biwako Millenium Framework of Action, adopted by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP). Ministry of Women, Children and Social Welfare, “National Policy and Plan of Action on Disability,” 2006, http://rcrdnepa.files.wordpress.com/2008/05/national-policy-and-plan-of-action2006- eng.pdf (accessed May 31, 2011), p. 50. The Salamanca Declaration emphasizes that everyone who needs special education, including people with disability, should be merged in the mainstream of national education program. UNESCO, “The Salamanca Statement and Framework for Action,” June 1994, http://unesdoc.unesco.org/images/0009/000984/098427eo.pdf (accessed June 17, 2011). The Biwako Framework for Action sets the goal of 75 percent enrolment of children with disabilities in primary school by 2010, and 100 percent school by 2015. UNESCAP, “WHO/ESCAP Training Manual on Disability Statistics,” December 16, 2009, http://www.unescap.org/stat/disability/manual/Appendix4-Disability-Statistics.pdf (accessed June 17, 2011). school populations.55 According to the SSRP, the government is required to provide free quality basic education for all children aged 5 to 12.56 Free education includes direct costs of schooling (e.g., free textbooks, and no fees for admission, tuition and examinations).57 Under the SSRP, the government is obligated to provide “enabling conditions for learning” for every school, which relate to the physical and educational environment, instruction, curriculum and textbooks.58 The SSRP also includes the provision of scholarships to public school students in Karnali Zone (in the mountain region), students from the Dalit communities and students with disabilities across the country, paying special attention to girls.59 In 2006 about 9,100 children with disabilities received scholarships.60 The goal of the SSRP is that 175,000 students with disabilities will receive scholarships for basic and secondary education by 2015.61 In 2006 the government adopted an inclusive education policy, guaranteeing free primary education for all children and establishing resource classes for children with disabilities. Resource classes are designated classrooms for children with specific disabilities within a mainstream school; there are classes for the blind, deaf and for children with intellectual disabilities. To date there are 360 integrated resource classes, of which 164 are for the deaf, 78 are for the blind, and 118 are for children with intellectual disabilities.62 In addition, there are 13 special schools for deaf children, 1 school for blind, 13 schools for children with
are specifically mentioned every time special provisions are made. The adoption of one standard, inclusive definition and terminology would help ensure consistency throughout the document. Education For All Fast Track Initiative, “Joint Appraisal Document,” 2010, http://issuu.com/efa-fti/docs/np-ssrp-jad-082109-cln/48?mode=a_p (accessed June 16, 2011), p. 97. 56 Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011), p. 25. 57 Ibid, p. 26. Government of Nepal, National Planning Commission/United Nations Country Team of Nepal, “Nepal Development Goals, Progress Report 2010,” September 2010, http://www.undp.org.np/pdf/MDG-Layout-Final.pdf (accessed June 4, 2011). 58 Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011), p. 91. Government of Nepal, National Planning Commission/United Nations Country Team of Nepal, “Nepal Development Goals, Progress Report 2010,” September 2010, http://www.undp.org.np/pdf/MDG-Layout-Final.pdf (accessed June 4, 2011), p. 26. 59 Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011), p.26. 60 Ministry of Women, Children and Social Welfare, “National Policy and Plan of Action on Disability,” 2006, http://rcrdnepa.files.wordpress.com/2008/05/national-policy-and-plan-of-action2006-eng.pdf (accessed June 17, 2011). 61 Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011), p. 119. 62 Human Rights Watch correspondence with Arun Tiwari, Deputy Director, Department of Education, and Chief of the Inclusive Education Section, Ministry of Education, June 14, 2011. Nepal Association of the Blind, “Organizational Strengthening Programme Annual Report 2009,” January 2009, http://www.nabnepal.org/Annual_Repo_2009.pdf (accessed on May 27, 2011). intellectual or developmental disabilities and 1 school for children with physical disabilities. Nepal also has 5 integrated schools for deaf children and 16 integrated schools for blind children.63 According to the Ministry of Education 1,509 children with disabilities attend special schools.64 Most children with physical disabilities attend general schools. Some parents of children and young people with intellectual or multiple disabilities have set up “day care centers” or alternatives to school where children learn daily life skills and play. These day care centers are run privately and are not regulated by the government. The government has established resource centers in specific geographic areas. The resource centers, housed at a leading school in that area, are responsible for developing the capacity of schools in the area by organizing opportunities to share experiences and learning and by regularly monitoring the schools. The government has also formed assessment centers for children with disabilities in 62 of Nepal’s 75 districts.65 The assessment center, managed by the District Education Office, is a committee comprised of the local district education officer, resource teachers, local NGOs, a medical professional and one government-paid assessment coordinator. The function of the assessment center is to collect information on children with disabilities in that geographic area, assess their educational needs and refer them to the appropriate education system, either general schools, resource classes or special schools.66 While various domestic policies address the need for inclusive education, current national laws do not reflect this and other rights in the Convention on the Rights of Persons with Disabilities.67 For example, the national laws also provide for special schools, lagging 6  3 Human Rights Watch telephone interview with Suryabhakta Prajapathi, Director, Resource Center for Rehabilitation and Development, June 3, 2011. Human Rights Watch correspondence with Arun Tiwari, Deputy Director, Department of Education, and Chief of the Inclusive Education Section, Ministry of Education, June 14, 2011.
64 Human Rights Watch telephone interview with Suryabhakta Prajapathi, Director, Resource Center for Rehabilitation and Development, June 3, 2011. 65 Human Rights Watch telephone interview with Arun Tiwari, Deputy Director, Department of Education, and Chief of the Inclusive Education Section, Ministry of Education, June 7, 2011. Ministry of Women, Children and Social Welfare, “National Policy and Plan of Action on Disability,” 2006, http://rcrdnepa.files.wordpress.com/2008/05/national-policy-and-plan-ofaction2006-eng.pdf (accessed June 17, 2011). 66 Human Rights Watch interview with Arun Tiwari, Deputy Director, Department of Education, and Chief of the Inclusive Education Section, Ministry of Education, Kathmandu, April 2, 2011. Human Rights Watch telephone interview with Suryabhakta Prajapathi, Director, Resource Center for Rehabilitation and Development, June 3, 2011. Human Rights Watch telephone interview with Arun Tiwari, Deputy Director, Department of Education, and Chief of the Inclusive Education Section, Ministry of Education, June 7, 2011. 67 Many of the national policies and laws were established before the adoption of the Convention on the Rights of Persons with Disabilities and therefore do not reflect the standards and rights-based language set out in the treaty. For example, the definition of disability in the 1982 Protection and Welfare of the Disabled Persons Act (and the title of the act itself) are based on the medical and charity approach to disability. Protection and Welfare of the Disabled Persons Act, 2039 (1982), s. 2. behind the government’s own policy of inclusive education and omitting any concrete plan of how children with intellectual or developmental disabilities in particular will be included in mainstream schools.68 The Ministry for Women, Children and Social Welfare, with support from the UN Office of the High Commissioner for Human Rights, is undertaking a review and reform of existing legislation and policies, in close consultation with representative organizations of persons with disabilities. Nepal is currently engaged in a constitutional reform process, which is to be completed in August 2011.69 During Nepal’s recent Universal Periodic Review by the UN Human Rights Council, governments urged the Nepal Constitutive Assembly to ensure that the new Constitution is in line with international treaties. A number of governments also called on Nepal to protect the rights of people with disabilities, including the right to nondiscrimination and the right to education. 70 Nepal spent 2 percent of its gross national product (GNP) on education in 2007-2008.71 The share of GNP devoted to education in Nepal remained the same between 1999 and 2007, well below the developing country median (4.5 percent).72 In 2009 Nepal dedicated 17 percent of its national budget to education, totaling roughly 48 billion Nepali rupees (about US$677 million).73 According to the Ministry of Education, nearly 6 8 The Disabled Welfare and Protection Act, the Special Education Policy, the Education Act, and the Education Regulations also provide for special education to children with disabilities. Disabled Welfare and Protection Act of Nepal 2039 (1982), ss. 5, 6. Special Education Policy 2053 (1997). Education Act 2028 (1971), para. 6a. Education Regulations 2049 (1992), rules 60, 66. The Children’s Act requires the government to establish special orphanages and centers for children with intellectual disabilities. Children's Act 2048 (1992), s. 43.
69 The interim constitution initially provided a 2-year time frame for drafting the new constitution, ending on 28 May 2010. However, because of the challenging post-conflict transition, a political consensus was reached on a 1-year extension. On May 28, 2011, the political parties agreed to extend the time frame by another 3 months, citing differences in opinion on the integration and rehabilitation of members of a former armed rebel group. The next deadline for finalizing a draft constitution is August 28, 2011. Asian Development Bank, "Nepal: Political and Economic Update," June 2011, http://www.adb.org/Documents/Economic_Updates/NEP/in89-11.pdf (accessed June 21, 2011), p. 1. Rajeshree Sisodia, "Nepal's reform stalls," Le monde diplomatique (English edition), June 8, 2010, http://mondediplo.com/2010/08/06nepal (accessed June 21, 2011). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 From 1999-2004, the Government of Nepal followed its Basic and Primary Education Programme II (BPEP II) to increase access to and improve the quality of basic and primary education. Government of Nepal, Ministry of Education, “School Sector Reform Plan,” June 2009, http://moe.gov.np/new/ (accessed March 10, 2011). Government of Nepal, National Planning Commission/United Nations Country Team of Nepal, “Nepal Development Goals, Progress Report 2010,” September 2010, http://www.undp.org.np/pdf/MDGLayout-Final.pdf (accessed June 4, 2011), p. 26. People with disabilities are not always mentioned in references to vulnerable groups in the SSRP. This may lead to their unintentional exclusion when implementing the actions.