Doc. 10401

17 January 2005

Education of refugees and internally displaced persons

Recommendation 1652 (2004)

Reply from the Committee of Ministers

adopted at the 911th meeting of the Ministers’ Deputies (12 January 2005)

1.       The Committee of Ministers has considered Parliamentary Assembly Recommendation 1652 (2004) on the education of refugees and internally displaced persons, and reaffirms the right of children to education irrespective of their status in compliance with the United Nations Convention on the Rights of the Child, and recognises the importance of education for the successful integration of refugees and internally displaced persons (IDPs) into society. The European Committee on Migration of the Council of Europe (CDMG) undertakes extensive work in the area of integration, including issues relating to adequate access to education. One of the sub-committees of the CDMG, the Committee of Experts on Integration and Diversity (MG-ID), is currently completing work on developing an effective system of integration indicators.

2.       The Committee of Ministers would like to point out that there is a legal distinction between the states’ obligations under international law towards refugees and towards IDPs.

3.       As far as refugees are concerned, Article 22 of the Geneva Convention establishes that:

4.       Concerning IDPs, the Guiding Principles of the United Nations Office for the Coordination of Humanitarian Assistance (UNOCHA) on internal displacement, and in particular Principle 23 notes the need for the authorities of the countries concerned to ensure that IDPs, and particularly children, receive free and compulsory education at primary level, that this education should respect their cultural identity, language and religion, and that they should have access to education and training facilities as soon as conditions permit it.

5.       With respect to these Guiding Principles, they were distributed to all members of the Council of Europe Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) during its 54th meeting (26-28 March 2003). The Committee discussed their relevance in the European context and it appeared that some of the Guiding Principles are already incorporated in existing binding instruments of the Council of Europe, including the European Convention on Human Rights. Nonetheless, the CAHAR decided to set up a Working Party with a view to elaborating a recommendation of the Committee of Ministers to member states on internally displaced persons. Where appropriate, this Working Party will discuss the issues raised in Parliamentary Assembly Recommendation 1652 (2004).

6.       As for the Assembly’s concrete proposals, with regard to paragraph 10.i, the Committee of Ministers understands the Parliamentary Assembly’s request that models for teaching refugees and displaced persons in key fields, such as history, culture, civic education, religion and language, be examined; but believes, however, that it would be more appropriate to first take account of the activities already being carried out under the existing projects, in particular the Education for Democratic Citizenship and Human Rights project, and of developments in the context of the European Year of Citizenship through Education in 2005.

7.       The Committee of Ministers also believes that the project on the New intercultural challenge to education: religious diversity and dialogue in Europe and the results of the Conference on the religious dimension of intercultural education (Oslo, 6-8 June 2004) can also make a valuable contribution to this issue.

8.       With regard to paragraph 10.ii, the Committee of Ministers takes note of the Parliamentary Assembly’s request for a new interdisciplinary project on this theme, but draws attention to the vital importance of specifying the age groups at which this project would be aimed, as it is important to distinguish clearly between children of school age and, in the case of the latter, to define the legal category concerned.

9.       As for higher education, the provision of the Recommendation on the priority of ensuring the access to education (item i of paragraph 9) corresponds entirely to the objectives of the Council of Europe’s programme in education and higher education. This right is specifically invoked in the Council of Europe/UNESCO Convention on the Recognition of Qualifications concerning Higher Education in the European Region (ETS No. 165), which includes Section VII “Recognition of Qualifications held by refugees, displaced persons and persons in a refugee-like situation”. Within the framework of the ENIC Network, a specific activity carried out in 1999 focused on the recognition of qualifications held by refugees.

10.       The project of the Council of Europe Steering Committee for Higher Education and Research
(CD-ESR) on Access to Higher Education in Europe, leading to Recommendation R (98) 3 of the Committee of Ministers, outlined policies for improving access to higher education for underrepresented groups. In a wider context, the Council of Europe’s contributions to the Bologna Process of higher education reform aiming to establish a European Higher Education Area by 2010, aims to improve higher education opportunities for all qualified candidates, including refugees and internally displaced persons.

11.       Also, the CD-ESR carried out a project on Lifelong Learning for Equity and Social Cohesion in 1999-2002, leading to Recommendation Rec(2002)6 of the Committee of Ministers to member states on higher education policies in lifelong learning. Within the Bologna Process, lifelong learning is one of ten action lines. Improving opportunities for refugees and internally displaced persons will remain an integral part of the CD-ESR agenda, both in terms of the intergovernmental programme and in bilateral cooperation with specific countries.

12.       In conclusion, the Committee of Ministers would like to stress that this complex issue of education of refugees and internally displaced persons cannot be addressed separately, but requires an integrated, multifaceted and holistic approach.