Despite sporadic economic downswings and upturns, one would almost laud the commitment of Mauritius as a Welfare State and commend the panoply of disability benefits and initiatives. But when such progress is dreaded by segregation of vulnerable communities and existence of unequal opportunities, then it acts as an impediment to the promising potential of the country.

Very often when parents of learners with disabilities have been questioned on integrating their wards in mainstream education system, they cried out the unavailability of accessible infrastructure, assistive devices and technologies and SEN schools being the only option to educate their children. Parents are a child’s first teacher. The involvement of parents in decision- making in the schooling of their children is essential. Parental participation is undeniably an advantage, an asset to give students the best chance of success in their school career.

Till date, neither is there any specific legislation nor any provision in our Constitution which directly address disability related matters nor is there a tribunal where a person with disability can register its complaint and expect a trial, except the Equal Opportunities Tribunal for those seeking avenues for redress against disability- based discrimination. When we talk of the rights of persons with disabilities, we definitely cannot omit to mention the Convention on the Rights of Persons with Disabilities (CRPD). Mauritius has after all signed and ratified the Convention. Mauritius has definitely ratified the Convention but has not yet accepted the Optional Protocol for individual complaints by Mauritian citizens.

For those who are not aware of it, in its Initial Report of August 2012 on the implementation of the CRPD, Mauritius had placed the following reservation on the policy to achieve an inclusive education model which till date has not been removed:

During the ratification of the Convention, a reservation was placed on Article 24.2(b) which states that “persons with disabilities can access inclusive, quality and free primary and secondary education….” This is because though Mauritius has a policy of inclusive education, given the current situation wherein educational provisioning for children with disabilities is largely taken care of through special schools, it is expected that special schools will continue to operate alongside inclusive education until there is total mainstreaming. The Government is working towards this goal and proposes to remove the reservation in due course.

‘‘Obviously we are not on a Conventions-signing spree where we glorify ourselves on signing Conventions but do not mean to implement the recommendations stipulated it them.’’

Since the ratification of the Convention, the ongoing admission of learners with disabilities in special education needs schools and now the design and implementation of a curriculum for same in the Special Education Needs Authority (SENA) Act definitely do not correspond to the commitment of Mauritius to implement an inclusive mainstream education system alongside special education needs institutions. There is still an ongoing segregation of students with disabilities in mainstream schools. Learners with disabilities experience difficulties to integrate the mainstream education system due to inadequate and unsuitable means of transportation and inaccessible environments. Ultimately, whose responsibility is it to create an inclusive education system; the Government or NGOs in the special education needs sector? The tireless efforts of these NGOs are undoubtedly praiseworthy and they definitely require adequate resources to cater to the needs of children with special education needs in terms of infrastructure, incentives for carers and educators as well as transportation costs.

Is the newly-introduced SENA Act part of the ultimate shift from the archaic medical approach to disability towards a more human rights-based approach in a disabled-friendly educative environment with the collaboration of all education authorities will ensure inclusion at all levels and assist in tackling the issue of marginalization in the education sector? Unfortunately, this question returns in negative. In this case, the right question to ask would be whether the SENA Act guarantees an inclusive education system and students with disabilities will enjoy the same equal opportunities as their counterparts.

Again, one would definitely applaud the initiative of the Government to enact a legislation taking into account the special education needs of persons with disabilities. But why enact the Special Education Needs Authority Act? And not the correct legislation - a Disability Act, like the one enacted in India which encompasses and ensures equal opportunities for persons with disabilities at all levels in working milieu and in the education system. Undeniably, recently there have been many efforts that have been made in the education system with the continuous nine-year schooling but nothing much for children with disabilities. William Shakespeare rightly said, “What’s in a name”, but a name definitely matters when its objectives do not correlate with the purpose behind its creation. Yes, we are indeed referring to The Special Education Needs Authority Act. The SENA Act, passed on Wednesday 21st November (and assented on 29 November 2018) has for objective the setting up of a regulatory body in view of regulating special education needs institutions, monitoring and implementing policies in the special education needs sector. We can call the Act by any name we want but what is important to highlight are the policies, measures and initiatives in the pipeline in view of building and facilitating an inclusive education system under the above named Act.

We wonder and ponder if this is the end goal behind the enactment of such legislation. Another important question is how can this Act be in convergence with the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Rights of Children (CRC) when it does not promote inclusion or encourage integration of children with disabilities in private and public schools.

“Where is INCLUSION when children with special education needs are placed in 12 integrated units of primary schools; part of the school but in a segregated special education needs unit.”

Where is INCLUSION when children with special education needs are placed in 12 integrated units of primary schools; part of the school but in a segregated special education needs unit. Eight years after the ratification of the CRPD, this is the right time to introduce the Disability Bill. In 2015, the United Nations Committee on the Rights of the Child placed an obligation on Mauritius to give priority to inclusive education instead of placing children in specialised institution. But how can this goal be achieved when the objective and function of the SENA Act is to promote segregation by encouraging the placement of children with disabilities in special needs institutions? Are we not in direct contravention of the Convention when we are encouraging the admission of students with disabilities in special needs institutions? Obviously we are not on a Conventions-signing spree where we glorify ourselves on signing Conventions but do not mean to implement the recommendations stipulated it them.

As a matter of truth, total mainstreaming of SEN schools and public and private schools cannot be achieved by placing learners with disabilities in segregated units of mainstream schools. India is definitely the epitome of this belief for it is a step ahead in matters concerning full inclusion of persons with disabilities not only in its education system but in every milieu and aspect. Much before the enactment of its Rights to Persons with Disabilities Act 2016, India has an unequalled and one of its kind schools, The Amar Jyoti School, a barrier-free inclusive school.

In 1981, Amar Jyoti Charitable Trust started a school with a pioneering concept of educating children with and without disability in equal number from nursery to class VIII. Starting with an integrated group of 30 children under a tree, it is not surprising that today the school has over 500 children in Delhi and 300 in its branch at Gwalior. In January 2013, Amar Jyoti’s expertise in training and rehabilitation was also internationally recognized. Twenty-five teachers, educators and occupational therapists from Mauritius attended a tenday workshop in Delhi organized jointly by Amar Jyoti and the NGO Global Rainbow Foundation, Mauritius.

Such an initiative had been triggered in the past; decidedly it can be done again. You can connect on http://www.amarjyotischool.org/ to learn more about this inclusive school. I have read somewhere that success comes to those who seek it. One just needs to have the vision to achieve the purpose. Mauritius can inspire from the Amar Jyoti model of inclusion as the ultimate solution to a total educational mainstreaming.

“Man is born free and everywhere he is in chains”. Elaborating on this concept, Jean-Jacques Rousseau explained that man alienated from its state of autonomy to the modern state of slavery, dominated by inequality, dependency, violation of basic human rights and discrimination. Are we heading towards the alienation of humanity when we refuse to acknowledge the basic rights of vulnerable communities or those of persons with disabilities?

Incontestably, absolute inclusion cannot be achieved overnight but then again taking into account the best inclusive policies and practices along with the enactment of the appropriate legislation to cater to the special education needs of learners with disabilities, it is possible. Mauritius can do better and adopt the proper legislation- the Disability Act which will implement, regulate and monitor policies and guidelines to ensure the full and equal enjoyment of all fundamental human rights by persons with disabilities for them to live in dignity and respect. ‘‘No barrier is too big to bridge’’

<p style="text-align: justify;">All persons with disabilities have the right to be free from discrimination in the enjoyment of their rights. This includes the right to be free from discrimination on the basis of disability, but also on any other basis such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.</p>

<p style="text-align: justify;">The Convention on the Rights of Persons with Disabilities is an international treaty that identifies the rights of persons with disabilities as well as the obligations on States parties to the Convention to promote, protect and ensure those rights. States that ratify the Convention are legally bound to respect the standards in the Convention.</p>

<p style="text-align: justify;">Article 24 of the Convention: States are to ensure equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education is to employ the appropriate materials, techniques and forms of communication. Pupils with support needs are to receive support measures, and pupils who are blind, deaf and deaf-blind are to receive their education in the most appropriate modes of communication from teachers who are fluent in sign language and Braille. Education of persons with disabilities must foster their participation in society, their sense of dignity and self worth and the development of their personality, abilities and creativity. Mauritius signed the Convention on the Rights of Persons with Disabilities on 25th September 2007 and subsequently ratified same on 08th January 2010.</p>

<p style="text-align: justify;">The UN Convention on the Rights of the Child (UNCRC) is an international treaty that sets out universally accepted rights for children. It is a benchmark against which a nation&rsquo;s treatment of its children can be measured.</p>

<p style="text-align: justify;">The UNCRC consists of 54 articles that set out children&rsquo;s rights and how governments should work together to make them available to all children.</p>

<p style="text-align: justify;">Under the terms of the convention, governments are required to meet children&rsquo;s basic needs and help them reach their full potential. Central to this is the acknowledgment that every child has basic fundamental rights.</p>

<p style="text-align: justify;">Article 23 of the Convention stipulates:</p>

<p style="text-align: justify;">1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child&rsquo;s active participation in the community.</p>

<p style="text-align: justify;">In one of its concluding observations of February 2015, at Para 50, the United Nations Committee on the Rights of the Child stipulated that :-</p>

<p style="text-align: justify;">&ldquo;In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it sets up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes.&rsquo;&rsquo;</p>

<p style="text-align: justify;">In 2015, the United Nations Committee on the Rights of the Child placed an obligation on Mauritius to give priority to inclusive education instead of placing children in specialised institution. But how can this goal be achieved when the objective and function of the SENA Act is to promote segregation by encouraging the placement of children with disabilities in special needs institutions?</p>