Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
Ministry of Education, Sport and Culture (MESC) is required to establish policy
or guidelines for schools to identify and assess students with disabilities and
modify teaching programmes as necessary, including training in special
education for teachers.24
41.
A guiding principle of MESC‘s strategic plan is to include disabled students in
mainstream education.25 It is commendable that Samoa has created legislation
and policies that are in accordance with relevant international human rights
standards and which seek to ensure that children with disabilities have access
to education on equal footing with the rest of the school-aged population. This,
combined with the Samoan Government‘s project with the Australian
Government on the Samoa Inclusive Education Development Program
(SIEDP) has seen a 54% increase in children with disabilities accessing
schools since 2009.26
42.
The Samoan Government should supplement its efforts in supporting students
with disabilities via public awareness activities aimed at parents and
communities, as well as enhancing classroom support for teaching staff,
supporting sign language and braille in schools and undertaking awareness
raising for teachers on disabilities and human rights.
43.
While legislation and government education policy has made significant
strides with regards to inclusive education for children with disability, there is
significant progress yet to be made in the implementation of these policies.
Poor implementation of disability laws and policies are resulting in unequal
access to education for students with disabilities.
44.
In focus group discussions with the NHRI, parents of children with intellectual
disabilities, reported that their children get insufficient attention and poor
treatment from teachers, and in one extreme experience, abuse at the hands
of their teachers.27 They believed that this is due to a lack of specialised
training for teachers to appropriately teach children with disabilities,28 a
problem that is also recognised by the Samoan Government29.
45.
Currently, there is limited capacity to provide fully inclusive education for
students with specific needs despite the law requiring the government to do
so. There is a serious gap in the capability of teachers to be well-equipped
and properly trained to provide appropriate education to students with
disabilities. While the law does not exclude students with disabilities from the
general education system, this does not mean that children with disabilities
enjoy access to inclusive, quality and free education in Samoa. Having the
24
Education Act 2009, s 60(c) and 61
Education Sector Plan (July 2013 – June 2018),
http://www.mesc.gov.ws/pdf/Education%20Sector%20Plan%202013_2018%20English%20version.pdf
[accessed 10 September 2015], p29
26
SSD p53 or Ministry of Finance (MOF), Economic Policy and Planning Division, Strategy for the
Development of Samoa 2012-2016, available at: http://www.adb.org/sites/default/files/linkeddocuments/cobp-sam-2015-2017-sd-01.pdf [accessed 25 June 2014].
27
Consultations with parents of children with intellectual disabilities located on file at the NHRI
28
Ibid
29
MESC, Education Sector Plan (July 2013 – June 2018) See note 25.
25
14