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Date of the first review 10 avril 2008
The troika consisted of Indonesia, the Netherlands and Ghana.
Several points in the report deal with education, in particular concerning discriminations on the basis of castes (points 30. 31, 33)
The right to education is dealt with at the points 16, 53, 70
Education for women at the points 59, 60.
Child labor at the point 66
Download the report in PDF format http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/116/85/PDF/G1211685.pdf?OpenElement
The following NGOs have submitted reports
Several points of the summary deal with the right to education
Point 9 : MIDRA (International Movement against All Forms of Discrimination and Racism − IMADR) and the Lutheran World Federation − LWF underline that the lack of detailed statistics on some aspects of discrimination based on caste hinders in depth analysis and targeted planning. This can lead to more discrimination against Dalits concerning the right to land, housing, health, education and employment.
10. The Society for Threatened Peoples − STP indicated that despite constitutional guarantees, scheduled tribes or adivasis have been hit by several types of discrimination over generations. Thus, the situation of these peoples concerning health, education, food security and political representation is particularly bad.
41 The Youth Coalition for Sexual and Reproductive Rights indicated that most schools don't provide any form of sexual education and recommended that India launched a complete program on this subject in all schools, be they public or private.
45. KIIR notes that in Kashmir 80% of schools are occupied by the Indian army. Because people fear the army, they don't want to send their children to school. AAI mentions that although law forbids the hand removal of excrements since 1993, this is still practiced by 1,2 million people. As soon as families stop the practice, they are refused the aid for schooling of their children which is provided by the program for the children of families practicing unhealthy pofessions. Thus, some children must give up school, especially girls.
Download summary: http://www.upr-info.org/IMG/pdf/A_HRC_WG6_1_IND_3_E.pdf
Of the 18 recommendations to India, 5 have been accepted. The remaining 13, which comprise those on education (n. 13 and 18), have received an unclear answer.
13. Strengthen human rights education, specifically in order to address effectively the phenomenon of gender-based and caste-based discrimination (Italy);
18. Continue efforts to allow for a harmonious life in a multi-religious, multi-cultural, multi-ethnic and multi-lingual society and to guarantee a society constituting one-fifth of the world’s population to be well fed, well housed, well cared for and well educated (Tunisia).”
Download HRC Recommendations http://www.upr-info.org/IMG/pdf/Recommendations_India_2008.pdf
Follow-up: NGO reports - Working Group on Human Rights in India and the UN (2011)
Joint written statement* submitted by the Habitat International Coalition, the Asian Centre for Human Rights, the Commonwealth Human Rights Initiative, nongovernmental organizations in special consultative status http://www.upr-info.org/IMG/pdf/a_hrc_17_ngo_50_wg_on_hr_in_india_and_the_un_2011.pdf
Date of the first review : 10 April 2008. The troika consisted of Indonesia, the Netherlands and Ghana.
Date of the 2nd review : 24 May 2012. The troika consisted of Kuwait, Mauritius and Mexico.
Next Review : 2017
The national report mentions the question of education several times, and some sections are specially dedicated to it. Section V, «Economic, social and cultural rights», contains one chapter called «Right of cchildren to free and compulsory education»(points 39 to 42). Another section is called «Human rights education» (117)
10. [...] In 2009, the Right to Education Act was enacted, which introduced a new fundamental right for free and compulsory education of children in a neighbourhood school;
B. Right of children to free and compulsory education
39. The right to education is now guaranteed under Article 21-A as a part of the right to live with dignity. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 came into effect from April 1, 2010. It makes it mandatory for every child between the ages of 6-14 to be provided free and compulsory education by the State. It is a justiciable right up to 8 years of elementary education in an age appropriate classroom in the vicinity of his/her neighbourhood. The Act has special provisions for girl child education, including out of school girl children. It further mandates the private schools to ensure at least 25% of its seats are available for marginalised households. The implementation of RTE Act is a shared responsibility of both the central and the state governments and the total expenditure managed by the centre-state ratio of 68:32.
40. The Act has considerable implications for the implementation of Sarva Shiksha Abhiyan (SSA), which is Government’s flagship programme for achievement of Universalization of Elementary Education (UEE) in a time bound manner. SSA is being implemented in partnership with State Governments and address the needs of 192 million children in 1.1 million habitations. The vision, strategy and norms under SSA are being harmonised with the RTE Act of 2009 mandate. The Right of Children to Free and Compulsory Education Rules, 2010 have been formulated and a National Advisory Council was set-up in 2010 to advise on implementation in an effective manner.
41. The Sarva Shiksha Abhiyan (SSA) has positively impacted the access and retention in schools and availability of teachers. SSA has ensured almost universal access to primary education and provides special focus on education of girls. The following achievements are worth mentioning:
42. Further, for increased access to quality secondary education with equity, Rashtriya Madhyamik Shiksha Abhiyan (RMSA) was launched in March 2009.
67. [...] The Commission constituted an Expert Group in 2009 with eminent persons for advice NCPCR’s role in monitoring children’s right to education. NCPCR has also involved civil society in the Social Audit of the RTE to strengthen the process of performance and delivery.
72. [...] The ICDS, launched in 1975, is a comprehensive programme addressing the health, nutrition and preschool needs of children under six. It provides a package of services comprising of supplementary nutrition, pre-school non-formal education, nutrition & health education, immunization, health check-up and referral services [...].
73. The Pre-School Education (PSE) component of the ICDS Scheme is being strengthened to ensure universalisation of early childhood education and preparation of children, particularly those belonging to socially disadvantaged groups, for formal schooling. The beneficiaries under PSE have increased from 21.4 million in 2004-05 to 33 million in 2007-08 and further to 35 million by December 2010.
80. The coverage of this immensely popular and effective Mid-Day Meals Scheme for children in schools, which satisfies both ‘hunger’ and ‘education,’ has been extended even further in August 2009 and now covers all children studying in Classes I-VIII in Government, Government-aided and Local Body schools and Education Guarantee Scheme (EGS) and Alternative and Innovative Education centres supported under SSA, including Madarasas and Maqtabs as well as children under National Child Labour Projects.
94. In order to incentivise the birth of a girl child and encourage families to place a premium on her education and development, a number of States are implementing Conditional Cash Transfer schemes. Government is also implementing a similar scheme – ‘Dhanalakshmi’, launched in March, 2008, on a pilot basis. For nutrition and skill development of adolescent girls, a pilot scheme ‘Sabla’ has been launched in 200 districts.
Points 105 and 108 deal with the issue of castes.
105. [...] A programme of ‘compensatory discrimination’ reserves 15% for SCs and 7.5% for STs in employment, education and a range of areas. Quota for the OBCs has also been earmarked [...].
108. Improving the educational status of SCs, especially of women and girl children in
this category is one of the main priorities. The Centrally Sponsored Scheme (CSS) of postmatric Scholarships to SC students, involving 100 per cent Central assistance, has been accorded high priority in the Eleventh Plan. This scheme benefits about 4 million SC students annually and has been revised in 2010. Rajiv Gandhi National Fellowship (RGNF) scheme for SC students was launched in 2006 for providing financial assistance to SC students pursuing MPhil and PhD. Under this scheme, 2000 fellowships are provided annually to SC beneficiaries. There are parallel educational development schemes for ST candidates and students also.
VIII. Human rights education
117. The National curriculum for school education of National Council of Educational Research and Training (NCERT), has included the human rights education component in social science subjects. In order to create human rights education sensitivity and skills amongst the teachers in schools, a module for teacher training programme has also been prepared by the taskforce of the NHRC for this purpose. NHRC has continued to play an active role in raising all round human rights literacy and awareness, including month-long internship programmes for University students and programmes focussed on public servants especially police in collaboration with the Administrative Training Institutes and Police Training Institutions. In addition, the Central Board of Secondary Education (CBSE) has also evolved a syllabus for human rights education at lower level, which has come into force in 2008.
Download the report in PDF format daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/116/85/PDF/G1211685.pdf
The following NGOs and NGO coalitions have submitted reports dealing with education
ERI Edmond Rice International , Geneva, Switzerland;
JS3 Istituto Internazionale Maria Ausiliatrice and International Volunteerism Organization for Women, Education, Development, San Paulo, Brazil (Joint Submission 3);
JS6 World Vision India, India, National Coalition for Education, India (Joint Submission 6);
JS9 National Coalition for Strengthening PoA Act, New Delhi, India, comprising of National Campaign on Dalit Human Rights, New Delhi, India, National Dalit Movement for Justice, New Delhi, India (Joint Submission 9);
JS15 Digital Empowerment Foundation, New Delhi, India, India, and Association for Progressive Communication, California, USA (Joint Submission 15);<“
JS18 International Association for Religious Freedom, Geneva, Switzerland, Rama Krishna Mission, Mahabodhi International Meditation Centre, Unitarian Universalist of India, Forum for Harmony, Caussanal Inter -Religious Movement, Bahai's Spiritual Center, World Zoroastrian Culture Federation, Thenkasi Harmony, Bala Vikas Foundation, Vishaka Patnam, Sadhrana Brama Samaj, and Interfaith Fellowship for Peace and Progress (Joint Submission 18);
JS20 Asian Centre for Human Rights, New Delhi, India, Asian Indigenous and Tribal Peoples Network, New Delhi, India, Adivasi Development Council, India, Banglar Manab Adhikar Suraksha Mancha, West Bengal, India, Mising Bane Kebang, Assam, India, Karbi Human Rights Watch, Assam, India, Integrated Rural Women Development Service Organization, Manipur, India, Zomi Human Rights Foundation, India, Rural Women Upliftment Society, Manipur, India, Mizoram Bru Displaced Peoples’ Forum, India, Young Chakma Association, Marpara Zone, Mizoram, India, Kheruk Majdoor Chetna Sangat Alirajpur, Madhya Pradesh, India, Samaj Chetna Adhikar Manch, Madhya Pradesh, India, Dialogue on Indigenous Culture and Environment Foundation, India, National Campaign for Survival and Dignity, Sundargarh, India, Indigenous Tribal Peoples Development Centre, Tripura, All Bodo Students' Union, Assam, India, All Rabha students' Union, Assam, India, Dimasa students' Union, Assam, India, and Barak Valley Chakma Students’ Association, Assam, India (Joint Submission 20);
WGHR Working Group on Human Rights in India and the UN comprising of Action Aid India, Asian Centre for Human Rights, Citizens for Justice and Peace, Commonwealth Human Rights Initiative, FIAN India, HAQ: Centre for Child Rights, Housing and Land Rights Network, Human Rights Alert, India Alliance for Child Rights, Lawyers Collective, Multiple Action Research Group, National Campaign on Dalit Human Rights, Partners for Law in Development, and People’s Watch, India (Joint Submission)
The summary by the High Commissioner for Human Rights deals with education six times (points 5, 27, 40, 88, 89 and 90), twice concerning Human Rights Education.
5. NHRC reported that there was still no national action plan for human rights. There was little progress in strengthening human rights education and almost none of the States in India had given education priority.
27. The quality of education, particularly in the villages, was dismal; the infrastructure was appalling, teachers were absent, para-teachers were poorly trained. Learning levels and literacy were very low.
40. WGHR stated that there was no public information available of a developed national action plan for human rights education and JS18 recommended its development. JS9 recommended that India formulate a coherent plan to provide training on the prevention of discrimination to, inter alia, law enforcement and judicial personnel.
9. Right to education
88. JS6 was concerned about inadequate funding to implement the Right of Children to Free and Compulsory Education Act (RTE) and involvement of the private sector. While acknowledging the RTE, JS15 referred to widespread internet use and indicated that the internet could be a medium to access information and knowledge at low cost.
89. JS3 noted that discrimination against ST and SC children affected children in the educational system. JS9 stated that a disproportionate number of SC students, in higher education, had committed suicide. ERI recommended zero tolerance for any form of discrimination based, inter alia, on religion, caste, or disability, in schools.
90. HRW reported on Maoist attacks on schools and on the government occupation of schools for their anti-insurgency operations. Related concerns were raised by JS20, UNM-M and JS13. ERI recommended that the army or police should not occupy schools during conflict situations.
See authors of Joint submissions (JS)
In english : http://www.cifedhop.org/epu-upr.org/?q=en/content/ngo-contributions-india-2e-cycle
Of the 169 recommendations received by India, X deal with education. Among these, some are quite general in scope, others are more focused, one only deals with Human Rights Education (55)
A - 138.52. Enhance the coordination of both the central and state governments in an effective manner in order to guarantee the smooth implementation of the 2010 Right of Children to Free and Compulsory Education Act (Indonesia) - Accepted
P - 138.54. Establishment and implementation of a National Human Rights Plan which cover access to education and health, including aspects of sexual and reproductive and health, as well as, concrete measures to eliminate violence against women (Spain); Pending
A - 138.55. Continue with action to include human rights education in the school curricula (Sri Lanka); Accepted
P - 138.71. Continue its efforts to eliminate discrimination against and empower marginalized and vulnerable groups particularly by ensuring effective implementation of relevant laws and measures through proper and active coordination among line ministries, national and state governments; by extending disaggregated data to caste, gender, religion, status and region; and by increasing sensitization and reducing discriminatory attitudes among law enforcement officers through human rights education and training (Thailand); Pending
P - 138.73. Monitor and verify the effectiveness of, and steadily implement, measures such as quota programmes in the areas of education and employment, special police and special courts for effective implementation of the Protection of Civil Rights Act and the Scheduled Caste and Scheduled Tribes Act, and the work of the National Commission for Scheduled Castes (Japan); Pending
P - 138.115. Extend the minimum age to 18 years for any form of labour that prevents children from accessing a full education (Ireland); Pending
A - 138.135. Allocate more resources in sectors that provide basic services such as health, education and employment opportunities (Malaysia); Accepted
A - 138.158. Redouble its efforts in the field of education and health (Senegal); Accepted
A - 138.160. Further promote children’s right to education (Greece); Accepted
A - 138.161. Reinforce its efforts in provision of free and compulsory primary education (Slovakia);Accepted
A - 138.162. Continue implementing a non-discriminatory and inclusive policy and guarantee quality education to all the girls and boys in its country (Ecuador); Accepted
P - 138.164. Ensure universal, compulsory and free education, carrying out on a priority basis measures aimed at eradicating discrimination, particularly discrimination that affects girls, marginal groups and persons with disabilities (Mexico); Pending
NC - 138.165. Continue its efforts to promote the right to children’s education and ensure the importance of the principles of children’s education in the country (Qatar); Recommendation as read in the Addendum: “Continue its efforts with regard to education for children and take the necessary measures to allow women to participate on an equal footing with men in all developmental efforts.”
A - 138.166. Prioritise efforts to ensure that children with disabilities are afforded the same right to education as all children (Australia); Accepted
Read the recommendations http://www.upr-info.org/IMG/pdf/recommendations_to_india_2012.pdf
Date of the 3rd review in 2017