A/HRC/14/25
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 8/4.
Since presenting his previous report to the Council, the Special Rapporteur has undertaken
missions to Paraguay (April 2009), Mongolia (October 2009) and Mexico (February 2010).
The reports of these missions are contained in addenda to this report (A/HRC/14/25/Add.2
to 4). He has participated in working meetings with Governments, United Nations and other
specialized agencies, non-governmental organizations, universities, students, children and
adolescents and national human rights institutions globally. At the invitation of the Office
of the United Nations High Commissioner for Refugees (UNHCR), he undertook a visit to
refugee camps in Uganda (January 2010). The Special Rapporteur also presented a report to
the sixty-fourth session of the General Assembly (A/64/273) that focused on the issue of
lifelong learning. He underlined its mutual interdependence with human rights learning and
drew attention to a number of concepts and initiatives concerning human rights learning
that he has seen in practice.
2.
Building upon the Special Rapporteur’s sustained focus on groups traditionally
marginalized and vulnerable to discrimination in education, this report considers the
situation of those who have crossed national borders — migrants, refugees and asylumseekers — and what this means for the enjoyment of their right to education and as learners
over their lifetime.
3.
Preparations for this report repeatedly raised issues of definition and the associated
categorization of groups with “particular concerns”. Common definitions and particular
concerns are frequently reflected in legal and political frameworks and the educational
programming of Governments, intergovernmental agencies and civil society. They do not,
however, adequately reflect the complexities associated with movement and migration of
people across national borders, the histories of these movements and the social reality of
those living this situation today. These complexities contribute to the processes of
educational marginalization.
4.
While the report, by necessity, draws on current definitions and programmes, a
recurrent challenge runs throughout: in order to formulate adequate educational legislation,
policy and programmes, how can the limitations of existing categories, typologies and legal
status been worked with and gone beyond. Furthermore, in order to utilize existing
expertise, capacities and experience, the focus should, on the one hand, be on augmenting
and strengthening educational opportunities where they exist and, on the other hand,
directly responding to the needs of individuals and institutions that are the result of crossborder movements and migrations and associated challenges of equity in diversity.
5.
The Special Rapporteur has benefited greatly from the significant engagement of
numerous relevant actors in the report process which has generated a wealth of different
perspectives from which lessons can be learned and which form the basis of a number of
recommendations. The Special Rapporteur extends his thanks to those who engaged in this
context.
6.
He extends his thanks to those who contributed to the international dissemination
and completion of a questionnaire addressed to Governments,1 interested stakeholders and
1
GE.10-12879
At the time of finalizing the report, the following Governments had responded: Albania, Australia,
Bolivia (Plurinational State of), Bulgaria, Cambodia, Canada, Colombia, Costa Rica, Cyprus, Czech
Republic, Denmark, Estonia, Germany, Greece, Guyana, Iraq, Japan, Jordan, Kazakhstan, Latvia,
Lebanon, Mexico, Moldova, Monaco, Montenegro, Myanmar, Nicaragua, Portugal, Qatar, Republic
3
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