Emergencies and protracted crises.

 

The COVID-19 pandemic has highlighted the need for education systems that are resilient, responsive and capable of providing continuity of learning through times of crisis and recovery. No education system in the world was prepared for the widespread disruption that was caused by the pandemic, which worsened existing inequalities and increased school dropouts. For children in poor or unsafe housing, caring for others, experiencing economic difficulties or hunger, or with parents that speak a different language to that used in school, remote learning was a challenge (Boly Barry, 2020). However, global pandemics are not the only crisis that necessitates an emergency response: natural hazards, climate change, conflict, social unrest and economic crises all create urgent challenges for States. Crisis-situations are not auxiliary concerns to the right to education, they must be placed front and centre of any future reiteration of the international legal framework. Even before the pandemic, 127 million primary and secondary school-age children and young people living in crisis-affected countries were out of school in 2019, which is equivalent to almost one-half of the global out-ofschool population (INEE, 2020). In zones of conflict and under occupation, schools are subject to attacks, learners and teachers experience injury and trauma, and can be fearful of attending school for their own safety, which may lead to teacher absenteeism-related issues. Between 2015 and 2019, there were more than 11,000 reported attacks on schools, universities, their students and staff (GCPEA, 2020). Natural hazards also lead to the destruction of schools, roads and impact teachers. As the occurrence of disasters increases in intensity, frequency and severity, not only are days lost in school, but long-term consequences such as physical and psychological issues and delayed or lost educationalachievements grow in parallel. Every year, 3.6 million children and youths’ lives are severely disrupted by disasters in Asia-Pacific alone (GADRRRES, 2022). Finally, the number of forcibly displaced people worldwide has doubled in the last 10 years, reaching 82 million people, 42% of which are children (UNHCR, 2021a). As a result, 1 in 95 people are now forcibly displaced due to persecution, violence, human rights violations and events seriously disturbing public order. The right to education of people on the move will be discussed in further detail in the next sub-section. 

The right to education in emergency contexts 

The right to education in the context of an emergency should be upheld. The right is universal and inalienable and applies to everyone, equally, at all times. The right is non-derogable, so States are formally not permitted to temporarily limit its enjoyment during a crisis. However, the ICESCR contains a limitation clause under article 4 that allows limitations that are necessary, reasonable, and proportionate, and special attention should be paid to marginalized groups (UNESCO & Right to Education Initiative, 2019). Regardless, States are still bound by minimum core obligations, such as ensuring basic education and moving as expeditiously and effectively as possible towards full realization of the right to education in line with the concept of progressive realization (CRC Committee, 2008). The importance of this requirement to reinstate education as soon as possible following disruption has become even more evident in light of the COVID-19 pandemic (Boly Barry, 2020; Human Rights Watch, 2021). The Education 2030 Framework for Action specifically refers to the obligations of States to ‘[a]ddress education in emergency situations’– ‘Countries must, therefore institute measures to develop inclusive, responsive and resilient education systems to meet the needs of children, youth and adults in crisis contexts’. International humanitarian law may also be relevant, ensuring that States protect civilian people and objects including schools, teachers and students from attack. Depending on the context, the international right to education framework is bolstered by international humanitarian law, refugee law and various other international policy documents, from the two Global Compacts on refugees and migrants, to the Inter-Agency Network for Education inEmergencies’ Minimum Standards (‘INEE Minimum Standards’), the Comprehensive School SafetyFramework (2017) and the Safe Schools Declaration (2015) that implements the Guidelines forProtecting Schools and Universities from Military Use during Armed Conflict

Developing the legal framework 

In contexts of crises, there already exists a wide array of international and regional legal and political instruments that outline State obligations. Yet, there are still too many instances where education is deprioritized or endangered during emergencies and conflict. The international legal framework could respond by emphasizing both the enduring nature of the right to education throughout emergencies and the responsibilities of States to reinstate in-person education as soon as possible following a crisis. The UNESCO Guidelines to strengthen the right to education in national frameworks (UNESCO, 2021a) provide some ways to guarantee the right to education throughout times of crisis, with obvious attention to distance learning solutions. Individual monitoring, tracking, and psychosocial support should also be in place to ensure that no learner is being left behind. To do so, measures need to be put in place that go beyond the crisis itself and encompass quick recovery and concrete remedial measures to ensure the transition back to school in a safe, supportive and inclusive environment. Part of this resilience could entail the development of strong education management information systems (EMIS) in countries prone to crises, that could be linked with other relevant data systems such as social protection data systems or disaster risk management data, allowing governments to track families prone to displacement and identify learners most at risk during emergencies. There could also be further encouragement to engage in crisis-sensitive education planning. The Special Rapporteur on the right to education recommended that countries develop emergency education preparedness plans with a strong basis on the availability, accessibility, acceptability and adaptability framework (Boly Barry, 2020). The UNESCO International Institute for Education Planning (‘IIEP’) refers to crisis-sensitive education planning that involves ‘identifying and analysing the risks to education posed by conflict and natural hazards, including climate risks, to inform the development of education policies and plans that help to lessen the negative impact of crises on the individual learner, teacher and the education administration and prevent disasters through adequate preparedness and mitigation measures’ (UNESCO, 2020a, p. 16). Principles from the international normative framework such as preparedness, response and recovery can be integrated into education policy. During the consultative process some participants made reference to world leading countries in the Caribbean and South Pacific Islands that have already made preparatory plans for crises caused by climatic impacts, including measures to safeguard supplies and ensure training for personnel so that education is paused for only a short time and a rapid return to education is made possible. Keeping schools, learners, teachers and other education apparatus safe in the context of armed conflict is essential. States have made commitments in humanitarian law to protect education from attack, though more needs to be done. United Nations Security Council Resolution 2601, adopted on October 29, 2021, expressed grave concerns about the significant increase in attacks against schools and education facilities in recent years and the alarming number of children denied their right to education in the context of armed conflict. The Resolution, in paragraphs 3-4 calls on Parties to: …safeguard, protect, respect, and promote the right to education, including in armed conflict’ and ‘to develop effective measures to prevent and address attacks and threats of attacks against schools and education facilities, and, as appropriate, develop domestic legal frameworks to ensure respect for their relevant international legal obligations as applicable to them… The Safe Schools Declaration (2015) calls on States to ‘ensure the continuation of education during armed conflict, support the re- establishment of educational facilities and, where in a position to do so, provide and facilitate international cooperation and assistance to programmes working to prevent or respond to attacks on education’. Key recommendations from the 4th International Conference of the Safe Schools Declaration, Abuja, Nigeria, 2022 (‘Abuja Conference’) can also provide inspiration to scale up into international agreement: namely; • Restrict military use of educational facilities • Ensure the continuation of education during conflict (which will require increased funding) • Strengthen accountability for attacks on education • Enhance monitoring and reporting on attacks on education At the Abuja Conference it was reported that the Armed Forces of Ukraine are using the principles of the Safe School Declaration and the accompanying Guidelines for training and awareness-raising purposes, for example by locating units as far as possible from educational institutions, demonstrating the material value of international guidance in this area (GCPEA et al., 2022).

UNESCO and UNICEF have been designated to facilitate observance of the International Day to Protect Education from Attack, on September 9th, with the intention of raising awareness and strengthening legal and policy mechanisms that protect education in this context. It would be beneficial to recognize the growing attention paid to school safety in any new or updated instrument on the right to education. Finally, the international legal framework could underline the shared international responsibility to guarantee education worldwide through international assistance through times of crisis. Education is one of the first services demanded by families and children during crises, but is often the first service suspended and the last service resumed. Funding must be made available to provide the humanitarian aid which is sorely lacking at present and education must be prioritized in country response plans on an equal footing as the right to safety, food, shelter and water. Despite the increased visibility of education as a core response in an emergency, especially since the establishment of Education Cannot Wait in 2016, the share of humanitarian aid remains at a mere 2.6 percent in 2019 (INEE, 2020). Moreover, the majority of funding is diverted to high profile crises, leaving many children and young people living in ‘forgotten crises’ with little hope for quality education.