UNIVERSAL PERIODIC REVIEW OF CROATIA

Croatia was last reviewed in May 2020. The country received 229 recommendations, 198 of which were supported. Ten of the recommendations pertained to the Right to Education, with 9 being supported. [viii] 

Among the most prevalent topics addressed in the recommendations were the improvements in the accessibility of education for individuals with disabilities, the provision of adequate living conditions and access to education for the Roma national minority, and the enhancement of inclusivity and equal opportunities in education. [ix] 

Additionally, implementing a curriculum on age-appropriate and comprehensive sexuality education, to be provided throughout schooling, was recommended by Fiji and Iceland. [x]

The 2020 Compilation on Croatia included observations and recommendations from several international bodies regarding the country’s educational system. The most prevalent topics in the Compilation were recommendations to encourage non-traditional career paths and diversifying academic and career options for both genders, accelerating the Croatian language course application process to increase unaccompanied and separated children’s access to education, and ensuring Roma children receive quality education in their mother tongue and eradicate segregation of Roma children in the educational system. Furthermore, UNESCO reported that Croatia had developed the National Roma Inclusion Strategy (2013-2020), which prioritized education to increase Roma children’s inclusion and educational quality to the national average. [xi]

The 2020 Summary of Stakeholders’ submissions on Croatia included recommendations from stakeholders, such as: ensuring effective and non-discriminatory access to education for asylum-seeking children; addressing the limited access to education for people with disabilities; improving the quality of sexual education and decreasing the influence of the Catholic Church on educational policies; eliminating segregation of Roma children in the educational system; and removing discriminatory content from textbooks and addressing discrimination against minorities in schools. [xii] 

Croatia’s 2020 National report for the UN-UPR highlights the country’s efforts in addressing many of these challenges. Firstly, the Anti-Discrimination Act and the CPA prohibit all forms of discrimination, with national documents reinforcing protection against discrimination. Furthermore, education is provided for 29,868 students with developmental disabilities in regular and special primary and secondary schools. The National Strategy for the Equalisation of Opportunities for Persons with Disabilities (2017-2020) promotes universal design principles, enhances access to public services and transportation, and trains education professionals to work effectively with individuals with disabilities. [xiii]

Additionally, education in the language and script of national minorities is guaranteed by the Constitution, the Constitutional Act on the Rights of National Minorities (CARNM), and the Act on Education in Languages and Scripts of National Minorities. Equal access to education for Roma children is ensured, with an annual allocation of over HRK 10 million for Roma education. [xiv]

Finally, unaccompanied children have the right to education under the same conditions as Croatian nationals, supported by the protocol on the Treatment of Unaccompanied Children (2018). [xv] 

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References

[viii] “UPR Info.” 2022. UPR Info. 2022. https://upr-info-database.uwazi.io/library/?q=. 

[ix] “UPR Info.” 2022. UPR Info. 2022. 

[x] “UPR Info.” 2022. UPR Info. 2022. 

[xi] Human Rights Council and Office of the United Nations High Commissioner for Human Rights. 2020. “Compilation on Croatia.” Report of the Office of the United Nations High Commissioner for Human Rights. https://documents.un.org/doc/undoc/gen/g20/063/46/pdf/g2006346.pdf. 

[xii] Human Rights Council, Working Group on the Universal Periodic Review, and Office of the United Nations High Commissioner for Human Rights. 2020. “Summary of Stakeholders’ Submissions on Croatia.” Report of the Office of the United Nations High Commissioner for Human Rights. https://documents.un.org/doc/undoc/gen/g20/053/56/pdf/g2005356.pdf.  

[xiii] United Nations. 2020. “National Report Submitted in Accordance With Paragraph 5 of the Annex to Human Rights Council Resolution 16/21.” A/HRC/WG.6/36/HRV/1. https://documents.un.org/doc/undoc/gen/g20/050/17/pdf/g2005017.pdf. 

[xiv] United Nations. 2020. “National Report Submitted in Accordance With Paragraph 5 of the Annex to Human Rights Council Resolution 16/21. 

[xv] United Nations. 2020. “National Report Submitted in Accordance With Paragraph 5 of the Annex to Human Rights Council Resolution 16/21. 

 

Featured Photo by Niels Bosman on Unsplash

UNIVERSAL PERIODIC REVIEW OF BULGARIA

Out of the 23 recommendations concerning the right to education, four specifically addressed the school dropout rates. Including the recommendations made by Japan, Cyprus, the Holy See, and Austria, which focus on reducing dropout rates and ensuring inclusive, equitable access to education, specifically those outlined in 134.133, 134.134, 134.135, and 134.199.

The UPR Midterm report indicates that Bulgaria has implemented recommendations to reduce school dropout rates by establishing a Mechanism for joint work among institutions. This initiative formed 1,222 teams nationwide to identify at-risk children and address the causes of dropout. Consequently, 1,324 previously unenrolled children were enrolled in schools during the 2022/2023 academic year. [vi]

Furthermore, seven recommendations focused on the Roma children’s right to education, including recommendations 134.132, 134.159, 134.190, 134.195, 134.202, 134.204, and 134.207, made by Nepal, the USA, the Netherlands, Switzerland, Croatia, France, and Iran. These recommendations emphasize protecting Roma children’s right to education by addressing discrimination, increasing preschool attendance, reducing dropout rates, and ensuring equal access to quality education and social services.

The UPR Midterm report indicates that Bulgaria has made significant progress in implementing recommendations to improve educational opportunities for Roma children. This effort is part of the National Strategy for Equality, Inclusion, and Participation of the Roma (2021–2030). Key initiatives include targeted programs designed to increase access to education for Roma children, campaigns aimed at reducing stereotypes, and investments in educational infrastructure.

Five of the recommendations concerning the right to education were regarding people with disabilities, including 134.215, 134.219, 134.220, 134.212, and 134.183 from Japan, Ethiopia, Greece, Mexico, and Laos, which focus on ensuring that children and young people with disabilities have access to inclusive education.

The UPR Midterm report highlights that efforts to improve access to education for children with disabilities are ongoing. Current measures include legislative reforms, enhanced teacher training, and initiatives aimed at making mainstream schools more accessible. Bulgaria is also focused on data collection to monitor progress.

Bulgaria’s national report states that the Ministry of Education and Science recorded a 40% reduction in dropout rates due to the Mechanism for Inter-institutional Work on Enrolment and Inclusion. [vii]

The Mechanism for Inter-institutional Work on Enrolment and Inclusion coordinates efforts across various institutions to identify, support, and reintegrate students at risk of dropping out. By engaging with social services, schools, and child protection agencies, it addresses issues such as poor attendance and provides targeted support to vulnerable families. [viii]

 

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References

[vi] Republic of Bulgaria and United Nations Human Rights Council, “INTERIM REPORT on the Implementation of the Recommendations Received During the Third Universal Periodic Review.” 

[vii] Government of Bulgaria. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Bulgaria. United Nations Human Rights Council, May 2020. https://upr-info.org/sites/default/files/documents/2020-05/national_report_bulgaria_english.pdf. 

[viii] UNICEF Bulgaria. “Poor Educational Outcomes, Dropping Out of School, Increasing Incidences of Violence and Harassment among Bulgarian Adolescents.” UNICEF Bulgaria, November 20, 2020. https://www.unicef.org/bulgaria/en/press-releases/poor-educational-outcomes-dropping-out-school-increasing-incidences-violence-and. 

 

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UNIVERSAL PERIODIC REVIEW OF BELARUS

Belarus was last reviewed in May 2020. The country received 284 recommendations, of which 143 were supported and 141 noted. Regarding the Right to Education, 11 recommendations were made, all of which were supported by the state. [vi]

Among the topics of remarks were to continue efforts to ensure equal access to education, including primary one, which is free of charge, to strengthen the rights of people with disabilities, to improve school attendance among Roma children, and to verify that the rights of women and children are protected.[vii] 

The Committee on the Elimination of Racial Discrimination expressed concern over the significant percentage of Roma children not attending school, despite the country’s high literacy rate. The Human Rights Committee recommended that Belarus strengthen its efforts to guarantee equal access to education and adequate standards for all children in the country. [viii] 

The Committee on the Rights of the Child and UNESCO encouraged Belarus to continue strengthening its policies for people with disabilities to ensure inclusive education and integration for everyone, particularly in higher education. [ix]

Following these recommendations, Belarus implemented a 5-year education modernization project, aiming to improve the teaching and learning environment and the information on labor market relevance of higher education. This plan aimed to improve learning conditions for children with disabilities and foster a more inclusive environment. [x] 

The Committee on the Elimination of Discrimination against Women raised concerns about certain state institutions of higher education, including the Academy of the Ministry of Internal Affairs, which impose higher admission score requirements for female students and limit the number of women who can be admitted to the institution. [xi]

Belarus introduced policies emphasizing equal access to education for both genders, with a focus on increasing women’s participation in higher education. There is an increasing trend of women enrolling in tertiary and secondary education compared to men, constituting 56% of all students. [xii]

 

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References

[vi] UPR Library. “Recommendations Received by Belarus,” 2020. https://upr-info-database.uwazi.io/en/library/?q=(allAggregations:!f,filters:(cycle:(values:!(%27567eec7b-d5ab-4c36-a712-57c38fae9124%27)),state_under_review:(and:!t,values:!(gdnfyzks07w))),from:0,includeUnpublished:!f,limit:30,order:desc,searchTerm:%27belarus%20%27,sort:_score,treatAs:number,types:!(%275d8ce04361cde0408222e9a8%27),unpublished:!f) 

[vii] United Nations Human Rights Council. Compilation on Belarus: Report of the Office of the United Nations High Commissioner for Human Rights. A/HRC/WG.6/36/BLR/2. Geneva: United Nations General Assembly, 27 February 2020. 

[viii] United Nations Human Rights Council. Compilation on Belarus: Report of the Office of the United Nations High Commissioner for Human Rights. A/HRC/WG.6/36/BLR/2. Geneva: United Nations General Assembly, 27 February 2020.  

[ix] United Nations Human Rights Council. Compilation on Belarus: Report of the Office of the United Nations High Commissioner for Human Rights. A/HRC/WG.6/36/BLR/2. Geneva: United Nations General Assembly, 27 February 2020.  

[x] World Bank. Belarus Higher Education Modernization Project: Combined Project Information Documents / Integrated Safeguards Datasheet (PID/ISDS). Appraisal Stage, October 14, 2019. Washington, DC: World Bank Group.  

[xi] United Nations Human Rights Council. Compilation on Belarus: Report of the Office of the United Nations High Commissioner for Human Rights. A/HRC/WG.6/36/BLR/2. Geneva: United Nations General Assembly, 27 February 2020.  

Featured Photo by aboodi vesakaran on Unsplash

UNIVERSAL PERIODIC REVIEW OF ANDORRA

Broken Chalk has compiled the report that follows. This is to be a stakeholder contribution to the Fourth Cycle of the Universal Periodic Review (UPR) for Andorra. This report will focus on education in Andorra, as Broken Chalk aims to combat human rights violations within the educational sector 

In the third Universal Periodic Review (UPR) cycle, Andorra received 126 recommendations, 60 of which were supported. Three of the recommendations were regarding education. Andorra has supported all three recommendations, demonstrating its determination and commitment to increasing access to high-quality education. It is worth noting that Andorra’s support for three recommendations in the third cycle represents an improvement over the second cycle, where it supported only two and mentioned the third. [vi]

The recommendations included providing full access to various educational fields, as well as social care and healthcare, for children, adolescents, and people with disabilities. Moreover, the recommendations also advocate for equal participation of girls and women in STEM fields and providing women at risk of trafficking an opportunity to pursue their studies and participate in reintegration programs. [vii]

Andorra’s national report for UN-UPR highlights their decision to prioritize children and education by enacting the Qualified Act No. 14/2019. The act was set to safeguard children’s rights and promote their well-being through creating a safe environment and addressing any potential risks that might impact their healthy development. Moreover, the act mandates the development of a national plan for children and adolescents within two years of its enactment. Andorra has made significant strides in enhancing education and youth development. Developing a national strategy that guarantees access to free, high-quality public education within any of the country’s three education systems. [viii]

Andorra started promoting development skills that foster values such as inclusivity, justice, respect and tolerance. The University of Andorra and the Ministry of Education have collaborated to modernize the teacher training programs and added a new master’s degree program for teachers. New modules were created in collaboration with the Council of Europe through long-distance learning. Prevention workshops were set up in schools to address various societal issues. [ix]

In response to the recommendation regarding the rights of people with disabilities, Act No. 27/2017 was enacted. Allowing persons with disabilities to benefit from various social and health services in education, employment and leisure. [x]

 

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References

[vi] United Nations. (2020). Report of the Intergovernmental Committee of Experts on Sustainable Development Financing. Retrieved from https://documents.un.org/doc/undoc/gen/g20/041/36/pdf/g2004136.pdf 

[vii] UPR Library. Recommendations Received by Andorra (2021). https://upr-info-database.uwazi.io/library/?q=(allAggregations:!f,filters:(cycle:(values:!(%27567eec7b-d5ab-4c36-a712-57c38fae9124%27)),issues:(values:!(%27660e6cc6-8624-4858-9cfd-ae4051da1241%27)),state_under_review:(values:!(pf2ypge88kr))),from:0,includeUnpublished:!f,limit:30,order:desc,sort:creationDate,treatAs:number,types:!(%275d8ce04361cde0408222e9a8%27),unpublished:!f 

  [viii] National report submitted by paragraph 5 of the annex to Human Rights Council resolution 16/21. Human Rights Council. United Nations General Assembly, May 2020. http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/36/AND/1&Lang=E  

[ix] European Commission / EACEA / Eurydice, 2024. The European Higher Education Area in 2024: Bologna Process Implementation Report. Luxembourg: Publications Office of the European Union. 

[x] Council of Europe. (2024). Andorra – Observatory on History Teaching in Europe. Retrieved from https://www.coe.int/en/web/observatory-history-teaching/andorra 

Featured Photo by aboodi vesakaran on Unsplash

New property rental laws in the Netherlands: Affordable rent act

Written by Loes Barendrecht

 

From the 1st of July 2024 new rental laws are implemented in the Dutch housing market: The Fixed Rental Contracts Act (Wet vaste huurcontracten). Both for tenants and landlords this new legislation will bring significant changes, aimed to protect the tenants and provide more security. This short article will discuss the main changes, the reasons behind these changes, and highlight potential consequences for students.

Main Changes
From the 1st of July 2024 it is only allowed to offer a rental contract for an indefinite period. Until July 1, 2024, landlords were free to offer fixed term tenancy agreements, these temporary rental contracts automatically end after a set period. However, from July 1, 2024, only permanent rental contracts can be offered. This means that all new rental contracts offered by landlords have to be for an indefinite period. The already existing temporary contracts will remain valid until their end date, but if these contracts are extended, they will be permanent as well.
Exceptions to the Rule
Although permanent rental contracts are now the norm, there are several important exceptions included in a General Administrative Order (AMvB). For specific groups, for example students and urgent housing seekers, it is still possible to obtain a rental contract for a fixed term. However these contracts come with strict rules and can only be for the maximum period of two years.
Reasons for the Changes
The main reasons for the legislation to change was to provide tenants with more security regarding their living situation. Temporary rental contracts can cause uncertainty as tenants often have to move or renegotiate their rental terms at the end of the contract, leading to higher costs. By mandating permanent rental contracts, the position of tenants is strengthened, especially in a stressed housing market as in the Netherlands.
Consequences for Students and International Students
However, particularly for students, the new legislation could have some positive consequences. If the landlord decides to offer a permanent contract, then the law offers more security for students who want to stay in one place longer. They no longer have to worry about finding new accommodation at the end of a temporary contract. This could be particularly beneficial for international students who are often less familiar with the local housing market and have a smaller network to rely on.
But if the landlord decides to offer a fixed contract, students can still benefit from the option of concluding a temporary rental contract for a maximum of two years. This is useful for students who are studying at a particular location for a short period, such as during an exchange program.
Potential Challenges
However there are also some challenges with these new regulations. A possible challenge is that landlords might be less motivated to rent to students, since they have to offer a permanent contract. This could in the long term limit the availability of student housing, especially in cities with high demand for student accommodation.
On top of that, the introduction of permanent rental contracts could lead to an increase in rental prices as landlords try to minimize their risks. Students, who in general do not have a lot of money, may experience additional financial pressure as a result.
In short
The Fixed Rental Contracts Act, effective from July 1, 2024, changes the Dutch rental market. While the law is intended to provide tenants with more security, specific exceptions have been made for certain groups. This legislation will increase housing security for many tenants but may also introduce new challenges, especially for students and international students. It is important for both tenants and landlords to stay up to date about the new rules and understand their rights and obligations.

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Source

Changes in rules and regulations in summer and autumn 2024 | I amsterdam. (n.d.). I Amsterdam.
https://www.iamsterdam.com/en/live-work-study/living/whats-changing-in-the-netherlands-in-summer-2024

Ministerie van Algemene Zaken. (2024, July 15). Mag mijn verhuurder mij een tijdelijk huurcontract aanbieden?Rijksoverheid.nl. https://www.rijksoverheid.nl/onderwerpen/huurwoning-zoeken/vraag-en-antwoord/wanneer-kan-ik-tijdelijk-huren

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. (2024, June 7). Wet vaste huurcontracten vanaf 1 juli 2024 van kracht. Nieuwsbericht | Rijksoverheid.nl. https://www.rijksoverheid.nl/actueel/nieuws/2024/06/07/wet-vaste-huurcontracten-vanaf-1-juli-2024-van-kracht

 

Freedom of expression in Turkey: Lawyers and Arrests: Dilek Ekmekçi and others

By Panashe Marie Louise Mlambo

Freedom of expression is a fundamental human right that protects the ability to express oneself without unjustified restrictions. It is normally undisputed when dealing with social media presence when individuals share their opinions without erroneous implications. However, in Turkey, despite the Constitution providing for freedom of speech, many laws and legislations have been enacted, and amendments have been made to undermine the very principle of freedom of expression. This article will provide an analysis of freedom of speech and the legal system in Turkey and take a look at the charges against different lawyers in the context of International law, Turkish Law, and countries near it, using the 2024 case of Dilek Ekmekçi as the case study. 


The Arrests of Lawyers

A lawyer named Dilek Ekmekçi was released from prison on October 22, 2024, only to be promptly detained again by police, reflecting the ongoing repression faced by legal professionals in Turkey. This incident follows a troubling trend highlighted by the Court of Cassation’s ruling on September 18, 2020, which upheld the sentences of 14 human rights lawyers from the People’s Law Office, , who were convicted on similar charges. The crackdown continued with the recent arrest of Naim Eminoğlu and Doğa İncesu on July 2, 2024, both prominent members of the Progressive Lawyers Association, accused of being part of the Gülen Movement.  In January 2024, a staggering sentence of over 125 years was handed down to 19 lawyers,  further illustrating the Turkish government’s aggressive stance against those perceived as dissenters. These cases underscore the precarious situation for lawyers in Turkey, where legal actions are increasingly viewed as tools for political suppression rather than justice.


The law against the people

Under The Social Media Law (2020), the Turkish government can restrict and monitor any social media interactions and online free speech if necessary  and this is one of the ways in which all these lawyers mentioned above had their data used for a case to be made against them. Coupled with Turkey’s Anti-Terror Law (Law No. 3713), which penalises individuals who disclose or publish the identity of officials on anti-terrorist duties or who identify such persons as targets, this is used broadly, and in most cases of online discourse, the different individuals are arrested for incitement and spreading of terrorism rhetoric.  


In addition to the above, law enforcement usually limits freedom of speech with Article 125 of the Penal Code, which criminalises defamation and slander. In 90% of the cases above, the three legislations are cited together to justify the limitation of freedom of speech and arrest individuals who use online platforms to share their opinions on fraud, murder, and many more. Recent developments, such as the passing of the controversial “disinformation law” in October 2022, exemplify this trend by criminalising the dissemination of false information, which is determined by the government. 


As can be deduced from the above cases and legal frameworks in Turkey, the country’s laws are against international laws of freedom of speech, particularly breaches Article 10 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of expression, including the freedom to hold opinions and to receive and impart information without interference by public authority.  The disinformation law also violates Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to seek, receive, and impart information.  


In 2021, the ECHR ruled that Turkey violated freedom of expression rights in the case of Vedat Şorli, who faced criminal charges and pre-trial detention for criticising the president on social media.  The ECHR concluded that this conviction represented unjustified interference with Şorli’s freedom of speech and in a 2014 case, journalists Ahmet Şık and Nedim Şener were detained as part of the OdaTV investigation after publishing material critical of government-linked entities. The ECHR ruled that their detention violated both their rights to a fair trial and freedom of expression. 


Despite these findings, he Turkish government continues utilising the legal frameworks to arrest and detain different individuals who use social media to criticise the government. 

Lawyer Dilek Ekmekçi

The case of Dilek Ekmekçi highlights the ongoing challenges to judicial independence and freedom of expression in Turkey. Ekmekçi, after accusing prominent leaders of the Nationalist Movement Party (MHP) of being involved in the assassination of former Grey Wolves leader Sinan Ateş, was arrested; her allegations targeted high-ranking MHP members, including figures close to Turkish President Recep Tayyip Erdoğan; she was charged with defamation and insulting public officials through social media posts. Despite an initial release, the prosecutor’s appeal led to her re-arrest by the Istanbul 25th High Criminal Court. 


In her court statements, Ekmekçi claimed that her detention was due to a fabricated indictment and referenced other government actions intended to undermine her legal standing. She cited instances where she was pressured, including through threats of psychiatric evaluations and multiple lawsuits. Ekmekçi’s defence argued that her prosecution was a retaliatory measure aimed at silencing her criticism, categorising the case as a SLAPP (Strategic Lawsuit Against Public Participation), often used to intimidate and suppress dissenting voices. 


The state of freedom of expression 

The state of freedom of expression in Turkey has reached a critical juncture, characterized by systemic repression and legal frameworks that stifle dissent. Recent legislative measures, such as the controversial “disinformation law” passed in October 2022, exemplify the government’s tightening grip on free speech, allowing for the criminalisation of information deemed false and imposing severe penalties for those who share it (Amnesty International, 2022).  


This law has been criticised for creating a chilling effect, deterring individuals from expressing their opinions, or engaging in public discourse for fear of prosecution. Additionally, the Turkish judiciary has increasingly become an instrument of political control, often disregarding rulings from the European Court of Human Rights that emphasise the protection of free expression (English PEN).  


The cases of lawyers like Dilek Ekmekçi, who faced charges under anti-terrorism laws for their advocacy work, highlight the precarious position of legal professionals in Turkey. As the government continues to utilise vague legal definitions to target critics, it undermines not only national constitutional guarantees but also international human rights obligations, effectively rendering freedom of expression nearly non-existent in Turkey’s current political climate (Freedom House).


Conclusion

It is evident that the Turkish government’s restructuring of the legal system aims to suppress all criticism of its officials and minimise freedom of expression. The excessive measures employed to address issues such as slander against officials do not resonate with the general public, and the blatant disregard for international law and democratic principles raises serious concerns that must be addressed. The legal profession, much like activism, journalism, and other sectors of society, deserves to uphold its freedom of expression. The direct targeting of the judicial system, evidenced by the significant number of lawyers arrested in less than a decade, signals a broader issue within the system and undermines the Turkish government’s claims of democracy. The case of Dilek Ekmekçi is not an isolated incident; rather, it reflects a troubling pattern of similar cases occurring throughout the country.

Featured Photo by Wesley Tingey on Unsplash

References

 i       Front Line Defenders. (n.d.). 14 lawyers arrested and charged. Front Line Defenders. Retrieved from https://www.frontlinedefenders.org/en/case/14-lawyers-arrested-and-charged 

 ii       International Observatory for Lawyers in Danger. (n.d.). Joint statement of international protest condemning Turkey’s arrest of Naim Eminoglu and Doğa İncesu of the Progressive Lawyers Association (CHD). International Observatory for Lawyers in Danger. Retrieved from https://protect-lawyers.org/en/joint-statement-of-international-protest-condemning-turkeys-arrest-of-naim-eminoglu-and-doga-incesu-of-the-progressive-lawyers-association-chd-2/ 

 iii      The Arrested Lawyers Initiative. (2024). Ankara appeal court defies ECHR, sentences 19 lawyers to 125 years. The Arrested Lawyers Initiative. Retrieved from https://arrestedlawyers.org/2024/01/31/ankara-appeal-court-defies-echr-sentences-19-lawyers-to-125-years/ 

 iv      Kandemir, E., & Hudson, M. (2022). Turkey’s new media law is bad news, but don’t report it. Brookings Institution. Retrieved from https://www.brookings.edu/articles/turkeys-new-media-law-is-bad-news-but-dont-report-it/ 

 v      Republic of Turkey. (1991). Anti-Terrorism Law (Law No. 3713) on crimes committed by terrorist organizations. Official Gazette of the Republic of Turkey.

 vi      United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). United Nations Treaty Collection.  

  European Court of Human Rights. (2021). Şorli v. Turkey. European Court of Human Rights.

 vii    JURIST. (2021). Europe rights court: Turkey liable for freedom of expression right violation. JURIST News. Retrieved from https://www.jurist.org/news/2021/10/europe-rights-court-turkey-liable-for-freedom-of-expression-right-violation/ 

 ix    Turkish Minute. (2024). Lawyer arrested after accusing Erdogan, far-right ally of ex-Grey Wolves leader’s murder. Turkish Minute. Retrieved from https://www.turkishminute.com/2024/09/02/lawyer-arrested-after-accusing-erdogan-far-right-ally-ex-grey-wolves-leaders-murder/ 

    Amnesty International. (2022). Turkey: New disinformation law poses serious threat to freedom of expression. Amnesty International.  

 xi      English PEN. (n.d.). Turkey: Freedom of expression in jeopardy. English PEN. 



Current Issues The conflict in Congo: impact on education

By Zoe Alford

The Democratic Republic of Congo (DRC) is undergoing a major humanitarian crisis, that is severely impacting education and human rights. Due to the ongoing conflict in the region, millions of people have been displaced, teachers kidnapped and schools turned into battlegrounds. Escalation of the conflict in the North Kivu region of the DRC has forced 540 schools to close in the past year, removing pivotal educational opportunities from many students (Save the Children, 2024).

Education in the DRC:

This current situation unravels decades of progress in the DRC, where great strides had been made in recent decades to create universal access to education. Access to primary school education has increased significantly in the last few decades, with net attendance rates increasing from 52% in 2001 to 78% in 2018 (UNICEF, 2024).

Nonetheless, the country still faces major structural issues regarding access to education. 7.6 million children and half of all girls between age 5-17 are not in school, with the cost of school for families living in poverty being a major reason (UNICEF, 2024). Despite the promise of free primary education from the DRC government, households facing extreme poverty struggle to pay for registration fees, school uniforms and school supplies (UNICEF, 2024). Secondary school enrolment rates further reflect this education gender gap, with 44% of girls enrolled compared to 70% of boys (UNESCO, 2024). This is further reflected in secondary school completion rates with just 51.4% of girls and 63.5% of boys continuing onto graduation (UNESCO, 2024). For higher education, 5% of women and 8% of men were enrolled in tertiary education in 2020 (UNESCO, 2024).

Payroll fraud, insufficient budgets, and a lack of materials and infrastructure also create challenges for the educational system in the DRC. Many of the 500,000 teachers in the country have gone without government pay for many years, leaving parents responsible to supplement their pay (Brant et al., 2021). In a country with already high levels of poverty, this creates a major financial obstacle to education. Teachers often must supplement their low incomes with second or even third jobs, reducing their time, energy, and passion and consequentially the quality of teaching (Brant et al., 2021).

The gender gap in school enrolment, the socio-economic disparities in educational access, as well as financing issues, are only worsened by the escalating conflict in the DRC. With the closing of hundreds of schools in the country, these systemic issues have and will continue to exacerbate, leaving hundreds of thousands more and more children without education opportunities.

Violence in North Kivu:

Since the beginning of the conflict in DRC in 1996, more than 6 million people have died and many millions more displaced (CFR, 2024). Beginning in the aftermath of the Rwandan genocide, the First Congo War saw the invasion of the eastern part of the DRC by Rwandan troops and Congo-based Tutsi militias. The invasion of the north Kivu region was supported by Uganda, Burundi and Congo’s then opposition leader and future leader Laurent Kabila. Rwandan officials justified the invasion, arguing that Hutu groups in eastern DRC were still a threat to their Tutsi population who had been decimated during the genocide. While some Hutu militants were killed, the majority of the thousands of causalities were refugees and non-combatant Congolese (CFR, 2024). In 1998, the second Congo War saw worsening political tensions between armed groups and governments in the region. With targeted campaigns against the Huti amounting to war crimes, it caused international outrage. In a failed coup attempt, DRC’s leader, Kabila, was assassinated and replaced by his son (CFR, 2024). The following years saw peace agreements between DRC, Rwanda and Uganda implemented, however rebel groups continued to emerge creating tensions and flashpoints in the last two decades. Most notability, is M23, a mostly Tutsi rebel group with ties to the Rwandan and Ugandan governments. The name is taken from March 23 2009, when the National Congress for the Defence of the People (CNDP) signed a peace treaty with the DRC government, becoming a political party and the M23 soldiers integrated into the Armed Forces of the Democratic Republic of the Congo (FARDC). The Allied Democratic Forces (ADF), and Islamic State (ISIS) are two major Islamist rebel and affiliated militia groups (Lawal, 2024). The DRC’s abundance of natural resources, especially their large reserves of rare earth minerals and metals essential for modern technology, has propelled their local problems onto the international stage. The involvement of China and historically, large US tech companies has only created further tensions and deepened inequality.

The violent and fraudulent national elections in 2023 saw major clashes between M23 and ADF. This again escalated in February 2024, creating a humanitarian disaster, political chaos and insecurity across the region. Education is not only indirectly affected by this conflict, but also actively targeted. Armed groups have seized 23 schools in the north Kivu region and directly attacked 10 schools (Save the Children, 2024). Teachers have also been kidnapped and students abducted on the way to school or in class. A further 29 schools have also been turned into emergency shelters for displaced civilians (Save the Children, 2024).

Conflict and its impacts on education:

Conflict also indirectly impacts on the right to education. Economic hardship often leaves children forced to work instead of going to school, with girls disproportionally affected. The long-term consequences of conflict can be felt by generations to long-term development setbacks and lack of opportunity (Mlaba, 2023). This leads to long term economic and social disruption, which in turn can trigger further conflicts in the future. Education and its relationship to conflict is often “complex, multi-scalar and non-linear” (Novelli & Cardozo, 2008), meaning that the impacts of conflict are often not immediately noticeable.

Emergency Education:

International efforts have been made to mitigate these effects by protecting education during conflicts and promoting conflict-sensitive education strategies (Mlaba, 2023). As an example of such mitigation efforts, UNICEF, the European Commission’s Civil Protection and Humanitarian Aid department (ECHO) and the Central Emergency Response Fund (CERF) have partnered up to construct three temporary learning spaces (UNICEF, 2024). In just a few weeks, with support from local communities, classrooms were constructed using wood and other readily available materials. These new spaces have allowed several dozen additional pupils to enrol. The temporary classes provide displaced children the opportunity to continue their education and benefit children from nearby families (UNICEF, 2024). On top of their academic studies, students are also learning essential social skills, such as interacting and building relationships with others outside their immediate community. Unfortunately, however, with around 3 quarter of a million children out of school because of this conflict, a lot more must be done to ensure all Congolese children have access to education (UNICEF, 2023).

Conclusively, To to ensure peace and development not only in the DRC, but across the globe, it is of paramount importance that education is prioritised for all children. By protecting education, investing in quality teachers, educating future generations about history and financing rebuilding projects, a more stable and equal society can be reached. While access to education is perhaps not the first issue that comes to mind when discussing the conflict in the DRC, it is highly important to use education as a tool to safeguard long-term stability and peace.

References

Brandt, C.O., Marchais, G., Mwakupemba, J.T., Moshonas, S. De Herdt, T. (2021). Why payroll fraud in the DRC’s education sector will be hard to fix. The Conversation.

https://theconversation.com/why-payroll-fraud-in-the-drcs-education-sector-will-be-hard-to-fix-162257

Center for preventative action (CFR). (May 15, 2024). Conflict in the Democratic Republic of Congo. https://www.cfr.org/global-conflict-tracker/conflict/violence-democratic-republic-congo

Lawal, S. (February 21, 2024). A guide to the decades-long conflict in DR Congo. Aljazeera. https://www.aljazeera.com/news/2024/2/21/a-guide-to-the-decades-long-conflict-in-dr-congo

Mlaba, K. (June 26, 2023). How do war & conflict impact education? Global Citizen. https://www.globalcitizen.org/en/content/how-do-war-conflict-impact-education/

Novelli, M., & Cardozo, M.T.L. (2008). Conflict, education and the global south: New critical directions. International Journal of Educational Development, 28(4), 473-488. doi.org/10.1016/j.ijedudev.2008.01.004

Save the Children. (2024, March 28). DRC: Violence in North Kivu forces over 500 schools to close, with teachers kidnapped and students terrified [Press release].

https://www.savethechildren.net/news/drc-violence-north-kivu-forces-over-500-schools-close-teachers-kidnapped-and-students-terrified

UNICEF. (March 29, 2023). Conflict in eastern DRC is having a devastating impact on children’s education. UNICEF [Press release].

https://www.unicef.org/press-releases/conflict-eastern-drc-having-devastating-impact-childrens-education

UNICEF. (2024). Education: every child has the right to go to school and learn.

https://www.unicef.org/drcongo/en/what-we-do/education

UNICEF. (February 22, 2024). A wish to return to school is realized. UNICEF

https://www.unicef.org/drcongo/en/stories/wish-return-school-realized

UNSECO. (January, 2024). Congo, Democratic Republic (DRC): Education Country Brief. International Institute for Capacity Building in Africa.

https://www.iicba.unesco.org/en/node/80#:~:text=According%20to%20the%20UNESCO%20Institute,and%2063.5%20percent%20of%20boys

 

Featured image by Doug Linstedt  from Unsplash

Missing children of Dutch asylum shelters

By Mayeda Tayyab

In May 2024, Lost in Europe released the findings of their investigation into the disappearance of unaccompanied children in Europe. This investigation revealed that 51,433 children disappeared from refugee centres across Europe between 2021 and 2023, with Italy having the highest number of missing unaccompanied minors at 22,899 children (Van den Hof, 2024). Unfortunately, this is not the first time such a discovery has been done.

Netherlands:

15,404 unaccompanied refugee minors registered in the Netherlands in the last three years (Dutch News, 2024). 850 of these children have disappeared from asylum shelters without any trace (Van den Hof, 2024).

Before 2024:

This is not the first time the Dutch authorities have found themselves in this situation. In 2023, 360 minors had disappeared from refugee shelters in the Netherlands between 2022 and 2023, all of whom vanished from the Ter Apel reporting centre. That year, 4449 minors without parents or guardians had applied for asylum in the Netherlands (Dutch News, 2023).

Government response: 

The Human Rights Committee has asked the Dutch government to take urgent measures in investigating the trend of missing unaccompanied minors as well as addressing the root issues causing these disappearances. The Dutch government has also been asked to improve the quality of living standards and resources provided to children in the asylum shelters.

The Dutch national rapporteur on human trafficking, Hermann Bolhaar, has criticised the Dutch refugee system and the government for their lack of implementing any protective and safeguarding measures, given the urgency of the situation and the danger unaccompanied children are finding themselves in.

Poland’s Education System: Striving for Equity and Inclusion to Fulfill the Right to Education

By Iris Karoli

The modern Polish  emerged in the aftermath of World War II, addressing the significant challenge of rebuilding the country’s social and economic frameworks. Since then, it has undergone extensive reforms, particularly since the fall of communism in 1989. Significant adjustments to educational policies were required due to this crucial shift to a market economy to better reflect democratic values and satisfy the needs of a society that was changing quickly.

Since September 1, 2017, the Polish educational system has been undergoing reform. The Law on School Education and the Provisions introducing the Law on School Education are two significant Acts passed by the Parliament in December 2016.

Providing teachers with sufficient resources, training, and support will help Poland prioritize integrating students with special educational needs (SEN) into regular classrooms. SEN students can flourish in the classroom and contribute to their overall success by emphasizing inclusive education practices and customized support plans.

Overall, Poland needs to take a multifaceted approach to achieve universal access to education that tackles structural inequalities, advances equity, and cultivates an inclusive culture within the educational system. Poland can get closer to achieving its goal of a society in which every person has the chance to learn, develop, and prosper by keeping these initiatives as a top priority and making investments in the future of its students.

Upcoming country visit of the Working Group on the use of mercenaries to Côte d’Ivoire.

Presented by Ariel Ozdemir and Caren Thomas

The history of Côte d’Ivoire shows periods of political instability and coups. The 2002 Ivorian Civil War deepened the divisions within the country. 1 The presidential election in 2010 highlighted the power struggle between the candidates, which increased the political and ethnic tensions in the country. This constant state of political instability and civil unrest can contribute to Ivorian nationals’ being more susceptible to recruitment into mercenary activities. The lawlessness prevalent within Côte d’Ivoire may force individuals to seek stability or financial gain from different sources.
Despite Côte d’Ivoire being the largest economy in the West African Economic and Monetary Union, the country’s 46.3 per cent of its population is below the poverty line. Gender inequalities continue to persist within the country. This is noticed right from the grassroot level. Only 52 per cent of the girls have completed secondary education in the country compared to 63 per cent of the boys. Additionally, the fluctuations in cocoa, coffee, and palm oil export prices severely impact the Ivorians as their livelihoods depend on these commodities. 2

However, despite the progress in domestic legal responses to mercenarism in Côte d’Ivoire, the country has yet to ratify the 1989 Convention Against the Recruitment, Use, Financing, and Training of Mercenaries. While the country supported the 3rd Cycle UPR recommendation to ratify the convention, the mid-term assessment outlined the lack of any substantial actions to do so. 6 As a result, Côte d’Ivoire still has substantial further progress to make in its fight against the use of mercenaries. An optimistic sign as to potential future progress on ratification can be found in the Ivorian Minister of Foreign Affairs’ 2019 speech, in which he asserted Ivorian support for the convention and urged those nations to ratify the convention that had not yet done so. However, whether this declaration represents a wider domestic desire to begin the ratification process is yet unclear.

PMC activities pose significant threats to Ivorian stability. Foreign actors have been exporting PMC and military equipment to many countries on the African continent, and Côte d’Ivoire is no exception. Two principal PMC’s have a strong presence in the country, namely the French PMC CorpGuard 12 and the Russian Wagner group. Since 2017, CorpGuard, founded by Secopex’ co-founder David Hornus, which is itself active in Somalia and the CAR, has been training the Ivorian military. 13 According to CorpGuard, during a 9-month training period they set up 4 infantry companies, 1 operational center, and trained 1,235 soldiers “to United Nations standards”. 14
Despite being strongly marketed as harbingers of peace and allegedly participating in the transformation of Ivorian military personnel from “soldiers in war” to “soldiers of peace”, 15 the complete lack of regulation of PMCs has resulted in an inability to enforce legitimacy and accountability. In this light, CorpGuard’s training of President Alassane Ouattara’s military can be understood to have had a direct impact on the 2020 electoral violence.

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Photo by Alexander Jawfox on Unsplash


References

1 Tayoh, B. (2009). Background information. In Property Taxation in Francophone West Africa: Case Study of Côte d’Ivoire (pp. 1–4). Lincoln Institute of Land Policy. http://www.jstor.org/stable/resrep18288.3
2 Nelson, N. (2020). The Top 3 Causes of Poverty in Côte d’Ivoire. The Borgen Project. https://borgenproject.org/poverty-in-cote-divoire/

6 S.E.M. Marcel Amon-Tanoh. “Conseil De Sécurité Des Nations Unies Débat Public De Haut Niveau Sur Le Thème: Les Activités Mercenaires Comme Source D’insecurite Et De Destabilisation En Afrique Centrale Déclaration De S.E.M. Marcel Amon-Tanoh Ministre Des Affaires Étrangères De La République De Côte d’Ivoire.” New York, February 4, 2019. https://press.un.org/fr/2019/cs13688.doc.htm

12 Note: David Hornus rejects the description of CorpGuard as a PMC and claims that “CorpGuard is an operational security and defense service company which does not meet the designation of a private military company.” source: Martin, Elise. “Armée: de Lyon à la Côte d’Ivoire, pourquoi la société « de sécurité et de défense » CorpGuard interroge?” 20 Minutes, April 28, 2023. https://www.20minutes.fr/societe/4034203-20230428-armee-lyon-cote-ivoire-pourquoi-societe-securite-defense-corpguard-interroge
13 Kadlec, Amanda. “In Africa, Wagner Is Not the Only Game in Town.” New Lines Magazine (blog), July 17, 2023. https://newlinesmag.com/spotlight/in-africa-wagner-is-not-the-only-game-in-town/
14 CorpGuard. “Developments And Challenges of Peacekeeping Operation in The French-Speaking World 2017-2020.” CORPGUARD Conseil International (blog), May 26, 2020. https://www.corpguard.com/fr/evolutions-et-defis-du-maintien-de-la-paix-dans-lespace-francophone/
15 Observatoire. “Table ronde du 4 octobre 2017 – 3ème panel.” OBG, October 7, 2017. https://www.observatoire-boutros-ghali.org/2017/10/table-ronde-du-4-octobre-2017-3/