Joint ILO/UNESCO Committee of Experts on the Application of the Recommendation concerning the Status of Teachers - Report

Part 7

Findings

18. The Joint Committee commends the Government and SUDES for their careful replies to the allegation. It further notes that the Government has shown an admirable commitment to expanding basic education in a difficult economic context.

19. However, several aspects of the Government's plan contravene the provisions of the Recommendation. In particular, the use of volunteers with minimal training as teachers violates the very core of Section V of the ILO/UNESCO Recommendation. The interests of both students and volunteers would be served by ensuring that persons entrusted with the responsibility of teachers have received adequate preparation for the role of teachers.

20. Moreover, if "volunteers" are to work as teachers they should enjoy the same rights of freedom of association as other teachers, however they may have been defined by their employers. Persons employed in this capacity may be especially vulnerable and require collective representation to deal with professional problems. The Joint Committee is also concerned that any extensive or permanent use of volunteers or contract teachers could undermine the status of professional teachers who have dedicated their careers to their professions. It calls attention to provision 141 of the Recommendation which emphasizes that measures to deal with teacher shortages should be exceptional and not endanger teachers' professional standards.

21. The Joint Committee regrets that SUDES has not been involved in all stages of the development of this programme. The ILO/UNESCO Recommendation holds that teachers and their organizations should participate in the development of education policies. The Joint Committee notes, however, that SUDES has on some occasions not availed itself of its opportunities to participate in consultative forums.

Recommendation

22. The Joint Committee recommends that the Governing Body of the ILO add the Executive Board of UNESCO:

- take note of the situation as described above;
- communicate the findings to both the Government of Senegal and to the SUDES;

- offer the services of the ILO and UNESCO to provide, consistent with a proposal of the Government, a mission or other appropriate form of assistance to aid the Government and SUDES in providing expanded education services for the youth of Senegal operating within the principles of the Recommendation;

- request that the Government and SUDES keep the Joint Committee informed of developments with regard to their remaining problems, and that such information be examined in accordance with approved procedures.

E. Allegation received from the National Association of School Masters'/Union of Women Teachers (NASUWT)

Background

1. The National Association of School Masters/Union of Women Teachers (NASUWT) of the United Kingdom addressed a letter dated 22 November 1996 to the Director-General of the ILO, concerning the composition, financial remit and alleged failure of the School Teachers Review Body (STRB) to properly address conditions of service of teachers in the United Kingdom, and the failure of the Government to fund pay increases recommended by the STRB. After determining that the last part of the communication was receivable, since all other parts of the letter were taken up under other supervisory procedures of the ILO, the secretariat invited the NASUWT to supply additional information requested by members of the Joint Committee.

Findings

2. In the absence of further information from NASUWT, the Joint Committee considers that it is not in a position to examine the matter further, unless and until additional information is provided by NASUWT, and the Government is invited to submit its observations according to the appropriate procedures.

Recommendation

3. The Joint Committee decides to suspend consideration of the allegation until further notice and recommends that the Governing Body of the ILO and the Executive Board of UNESCO communicate its decision to NASUWT.

F. Allegation received from Education International

Background

1. By letters of 6 June and 19 October 1995 addressed to the Director-General of the ILO, Education International (EI) submitted allegations concerning the non-observance by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) of the Recommendation concerning the Status of Teachers in respect of guiding principles (discrimination in matters of preparation and employment, educational objectives and policies (availability of facilities without discrimination, liberty to establish and direct educational institutions), and rights and responsibilities (professional freedom). The allegations concern the treatment of Albanian-speaking teachers in the autonomous region of Kosovo.

2. Aspects of the allegations which concerned university teachers were not considered as they do not come within the scope of the Recommendation and/or the competence of the Joint Committee.

3. The Joint Committee requested additional information from El by letter of 24 November 1995. In its response dated 15 January 1996, EI provided detailed information concerning the cases of the teachers and schools as requested by the Joint Committee.

4. The allegation was submitted to the Federal Republic of Yugoslavia (Serbia and Montenegro) for its observations by letter dated 22 July 1996. A reminder was sent on 11 June 1997, and in response to the Government's request, copies of all communications were sent to it by facsimile dated 14 June 1997. At the time of the Meeting, no response had been reccived.

5. The consideration by the Committee of this allegation is without prejudice to the question of whether or not the Fedcral Republic of Yugoslavia (Serbia and Montenegro) should be recognized as a continuation of the former Socialist Federal Republic of Yugoslavia

The substance of the allegation

6. In its communications, EI alleged that over the course of two years, and more intensely since January 1995, government police had raided more than 100 Albanian-language primary and secondary schools, closed or expelled Albanian-speaking people from some, banned teachers from conducting educational activities in their homes, beaten or threatened teachers with death, imprisoned, and in some cases tortured, and fined most of the imprisoned teachers. The names of individual tcachcrs, schools and their localities were cited. The harassment deprived both students and tcachers of their fundamental rights.

7. Detailed information concerning the various aspects of the allegations were submitted by El in January 1996. The information indicated that imprisonment, fines, physical mistreatment and in one case the death of teachers, whose names, positions and schools were cited. had begun in October 1993 and continued up to the time of the submission. The cases variously affectcd teachers in primary, general secondary and technical secondary schools.

Findings

8. The Joint Committee regrets that the Govemment has not replied to the allegations. Provisions in the Recommendation's guiding principles (paragraph 3) stipulate that the utmost importance should be attached to the contribution of education to peace, understanding, tolerance and friendship among nations and among racial and religious groups. Furthermore, all aspects of the preparation and employment of teachers should be free from any form of discrimination on grounds of national or social origin, among other considerations (paragraph 7). The Recommendation's provisions under educational objectives and policies (paragraph 10 (a) and (b)) state that every child should be provided with the fullest possible educational opportunities, and that all facilities should be made available equally to enable all persons to enjoy their rights to education without discrimination on grounds of national or social origin, among other considerations. Moreover, the responsibility of the State to provide free education in an adequate network of schools should not be construed so as to interfere with the liberty of parents or legal guardians to choose for their children schools other than those established by the State, nor the liberty of individuals and bodies to establish educational institutions provided that they conform to minimum educational standards laid down or approved by the State (paragraph 10 (c)). In terms of the Recommendation's provisions on the rights and responsibilities of teachers (paragraph 61), the teaching profession should enjoy academic freedom in the exercise of its professional duties. More specifically, teachers should be given the essential role in the choice of and adaptation of teaching materials, textbooks and methods, within the framework of approved programmes and with the assistance of the educational authorities.

9. The allegations concern in part serious violations of fundamental human rights which are enshrined in international law, and are the competence of human rights bodies established to deal with such violations. The Joint Committee also considers that the allegations of school closures, expulsions, bans on private educational activities, harassment and imprisonment of teachers on grounds that they taught in Albanian, none of which have been contested by the Government at the time of the meeting, constitute serious failure to apply the provisions of the Recommendation set out above.

10. The Joint Committee has moreover been made aware of an agreement signed in 1996 between the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) and representatives of the Albanian community of Kosovo. The agreement purportedly provided for the return of Albanian pupils to their schools. The available information, however, indicates that the agreement has not been implemented, and that most of the problems pointed out above remain unresolved.

Rcommendations

11. The Joint Committee recommends that the Governing Body of the ILO and the Executive Board of UNESCO:

- take note of the situation as described above;

- communicate the above findings to the Government of the Fedcral Republic of Yugoslavia (Serbia and Montenegro) and to Education International, request the Government to respond as soon as possible to the allegations referred to above, and to take urgent steps to redress the situation, if it has not already done so, drawing on the advice and assistance of the ILO and UNESCO, where appropriate;

- request the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) and Education International to inform the Joint Committee as to what steps have been taken to address the identified problems, and that the information will be reviewed in accordance with approved procedures.

2. Further developments in allegations received since the Sixth Ordinary Session in 1994

A. Allegation received from the Independent Trade Unions of Education of Albania (SPASH)

Background

1. The Joint Committee initially examined the allegation, submitted by the Independent Trade Unions of Education of Albania (SPASH) in 1992, at its Sixth Ordinary Session in 1994 (CEART/VI/1994/12. Annex 1). It regretted that the Government of Albania had not responded to the allegation. The Joint Committee's main findings and recommendations included the following points:

- positive developments in the form of a collective agreement arrived at in 1993 had made improvements in some areas affecting the teaching profession;

- notwithstanding the general economic and social problems faced by Albania, it seemed obvious that the Government had done very little to ensure the safety, functionality and reasonable comfort in use of school buildings to maintain them at an acceptable minimum standard, or to supply basic books and materials for effective learning; substantial numbers of children, particularly in rural areas, seemed to be denied effective education;

- unsuitable transportation, or lack of transport of teachers in rural and remote areas had rendered it diffcult or impossible for them to discharge their teaching functions;

- unless and until proper machinery for communication and consultation between teachers and competent authorities could be established and operate in a bona fide manner, real progress towards implementation of the Recommendation would be diffcult;

- the findings should be communicated to the Government of Albania, with a request that positive steps be taken to address the issues identified, drawing on international advice and assistance where appropriate;

- the Government of Albania and SPASH were requested to keep the Joint Committee advised as to developments and that these should be reviewed at the next Special Session.

2. Following its examination by the Governing Body of the ILO and the Executive Board of UNESCO, the Joint Committee's report, including the analysis of the allegation, was simultaneously sent to the Govemment of Albania and to SPASH in June 1995 (1). The Government and SPASH were invited to keep the Joint Committee informed of developments in the situation. Reminders were sent to both parties in July 1996, and again in June 1997.

Further developments

3. By facsimile dated 18 July 1997, SPASH informed the ILO of developments since 1994, notably:

- the signing of a collective agreement at the first level in September 1994, and its renewal in March 1996 with some improvements;

- approval by Parliament of a law for the preuniversity education system on 21 July 1995;

- approval of the Labour Code, and subsidiary acts conceming public schools by the Ministry of Education, on 12 July 1995;

- failure by Parliament to approve legislation conceming the Status of Employees, in which SPASH has demanded that teachers have the same rights as other employees.

Moreover, despite the large Government deficit and a 30% inflation rate in Albania, SPASH has demanded that salaries of teachers reflect the importance of teachers and the teaching profession to society, by ensuring a satisfactory living standard. Information on current salary levels and the standard of living was not provided.

4. As of the time of the meeting, the Government of Albania had not supplied additional information.

Findings

5. The Joint Committee regrets that the Government of Albania has not responded to repeated requests to provide information on the initial allegation and on further developments. It considers that this failure to respond demonstrates an attitude of nonrespect for the mandate of the Joint Committee.

6. In light of the information received from SPASH, the Joint Committee nevertheless considers that improvements have been made in the situation of teachers and the teaching profession in Albania in respect of at least some of the Recommendation's provisions regarding means for consultation and negotiation with teachers. The Joint Committee welcomes the positive steps towards installation of a process of communication, consultation and negotiation in line with the Recommendation, which are apparent from the signing and renewal of the collective agreements, and the approval of the Labour Code and subsidiary acts goveming public schools. The available information, however, does not permit an analysis of the extent to which changes in the Labour Code and its subsidiary acts establish a sustainable basis for consultation and negotiation of appropriate issues between the teaching profession and competent authorities as foreseen in the Recommendation. In that connection, the Joint Committee notes continuing differences between SPASH and the Government of Albania concerning the status of employees and teachers' position under such legislation.

7. The Joint Committee also notes that little information has yet been provided on other aspects of education and the teaching profession, most notably the situation in rural and remote areas, making it difficult to evaluate progress in these areas.

Recommendations

8. The Joint Committee recommends that the Governing Body of the ILO and the Executive Board of UNESCO:

- take note of the situation as described above;

- communicate the above findings both to the Government of Albania and to SPASH, requesting both parties to consider the advisability of drawing on international advice and assistance from the ILO and from UNESCO to improve the situation of teachers and the teaching profession in areas which remain below the standards of the Recommendation;

- request the Government of Albania and SPASH to keep the Joint Committee advised as to further developments and that these be examined in accordance with approved procedures.

Notes

(1) The Report was also examined by the Committee on the Application of Standards of the International Labour Conference at its 82nd Session (June 1995) and by the 28th Session of the General Conference of UNESCO (November 1995).