This paper is based on research on individual asylum seekers that has been conducted since November 1995. All the interviewees in both Ennis and Dublin were randomly chosen and their ethnic or geographic origin or their political opinions were not taken into consideration as the basis for the research.
The purpose of the research was to identify the educational background, as well as the educational needs, of asylum seekers in Ireland. Results obtained during the research should be regarded as preliminary for several reasons. Firstly, the number of interviewees (152) compared to the number of cases dealt with by the Irish Refugee Council (IRC) is too small to be viewed as a representative sample (between 1991 and the end of August 1996 the IRC had 1668 registered cases). Secondly, this field has not been tackled on a large scale by the IRC before and there are no relevant sources in Ireland that could be used for a more comprehensive analysis. A more complete insight into the existing situation in Ireland could add to the results of other independent surveys on refugees' educational needs, such as the surveys undertaken among the Vietnamese and Bosnian communities.1 With regards to the two latter groups however, it is necessary to bear in mind the differences in both the treatment and opportunities between the 'programme refugees' brought over and looked after by Governmental bodies and asylum seekers that have been approaching the IRC individually. Therefore, results of this research can merely be used as pointers that would enable the IRC decide on how to approach these issues more effectively.
Those interviewed for this research come from 34 countries.2 The linguistic,3 cultural, religious, ethnic and racial heterogeneity, small numbers within each of these categories, the fact that they do not form established communities and the fact that asylum seekers do not have a territory, traditions or history they could identify with in Ireland, do not permit us to define them as 'ethnic minorities'. To define them simply as 'African' or 'Asian communities' does not seem to be appropriate either for it reflects a superficial, Euro-centric attitude based on differences in skin-colour neglecting, at the same time, all the above mentioned identity categories existing within the asylum seeking population and that should be taken into consideration as regards education. The basic criterion for defining the term 'minority' has not been unanimously accepted throughout the world. However, there is an opinion that could define and describe the position of asylum seekers in Ireland best: a 'minority' is a 'non-dominant' group as distinct from the group that holds dominant positions in the society. The asylum seekers' legal and social conditions, which define them in relation to the decision-making centres of power and authority, seem to be the most important factors to determine their position, at least with regards to the Irish Refugee Council's approach to the problem of asylum seekers' education.
There are 5 main categories of refugees, each with differing entitlements in relation to education and work:
Asylum seekers, the most numerous group, do not have the right to work in Ireland. At the Seanad Eireann Report Stage, during the passage of the Refugee Bill, 1995,4 the amendment put forward by the Opposition, which aimed to extend the right to work for asylum seekers, was voted down by one vote. The right to work for asylum seekers is expressly denied in the Refugee Act, 1996.5 With regard to education, asylum seekers have no automatic right to State-funded language classes, education or training. However, the Refugee Act, 1996 does not prevent access to full-time vocational or university education for asylum seekers. Therefore, it seems plausible to assume that an asylum seeker's access to education may depend exclusively on college/university discretion.
It is worth mentioning that schooling for children between the ages of 6 and 16 is compulsory and asylum seekers have free access to Primary and Secondary education.
Humanitarian Leave (Permission) to Remain (HPR) is not a definitive category in the Irish jurisdiction. This status can be granted by the Minister of Justice at his/her discretion. Although codified in the Refugee Act, 1996, the Act does not specify the rights or conditions which attach to this status. However, persons granted this HPR have the right to work. Refugees with HPR do not have any access to educational grants as of right but are eligible to apply for a Government Work Scheme or a Government Vocational Training Course by nature of the fact that they receive unemployment assistance.
Once an asylum seeker becomes the parent of an Irish born child or marries an Irish citizen, s/he gains rights of Residency. Consequent upon gaining this status s/he has the right to reside, work and be educated.
People granted Refugee Status have the right to work in Ireland and have full rights with regards to education.
Quota or Programme Refugees are currently represented by two groups in Ireland: the Vietnamese refugees who arrived in 1979 and the Bosnian refugees who arrived in 1992. Programme refugees have the right to apply for naturalisation three years after arrival. They have the right to work and the right to education, on the exact same basis as an Irish citizen.
Having no other source of income, asylum seekers receive Supplementary Welfare Allowance (SWA) and are entitled to other benefits: Rent Allowance, Fuel Allowance and discretionary Exceptional Needs Payments such as Clothing Allowance at the same level as Irish people receiving welfare benefits. Obviously, these benefits do not allow for full or part-time studies. In addition, full-time students are excluded from applying for the SWA. This looks like a clear-cut situation but it is necessary to point to another possible scenario at this stage, namely: what is an asylum seeker to do if a college or university decide to use their discretionary right to accept an asylum seeker for full-time or part-time studies and to waive his/her fees? There are no rules or legislation to regulate these particular situations which would guide an asylum seeker or the IRC towards a decision whether to accept such an offer or not. The entire field is not covered by the Refugee Act, 1996 either. Nor can the answer be found in the so-called 'guidelines' drawn up by the Department of Social Welfare, the Health Board or the local Superintendent Community Welfare Officer because the public is not allowed to see them. The lack of legislation and the vagueness of the outlined situation can, in this manner, either encourage an asylum seeker to take the risk and accept the offer or can enable the Community Welfare Officer to refuse the payment to an asylum seeker engaged in full-time studies.
Article 26 (1,2) of the Universal Declaration of Human Rights states:
The European Convention on Human Rights and Fundamental Freedoms refers to the right to education in Article 2 of Protocol 1:
"No person should be denied the right to education. In the exercise of any functions which it assumes in relation to education and teaching, the State shall respect the rights of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions."7
Furthermore, the Resolution on the Implementation of Directive 77/486/EEC on the Education of the Children of the Migrant Workers "Calls upon the Member States to extend the provision of the Directive in question to the children of residents of all ethnic minority groups whose language or culture differs from that of the indigenous community amongst whom they reside". It urges, that this should be done irrespective of whether those ethnic minority residents have citizenship of the country in which they are living and even if they are permanently settled.8
It seemed both appealing and appropriate to begin this section with these three quotations because they, unlike other UN and EU Declarations, Conventions etc. used for this paper, deal with human rights of the groups other than those of the migrants and recognised refugees. Having in mind that the Refugee Act, 1996 does not specify in detail the rights of asylum seekers with no status to (any) education either, it is easy to acquire the impression that the largest section of the asylum seeking population has been neglected, left out and, consequently, denied access to what has been stipulated as one of the basic human rights.
The above statement can easily be supported by statistics: in the period between 1991 and the end of August 1996 only 34 out of 1668 applicants were granted Refugee Status which, consequently, enables them to study.9 An additional 26 were granted HPR in the 1993-1996 period. It is also necessary to stress that the average period of awaiting a decision is two and a half years. This state of limbo, of not knowing what is going to happen next obviously adds to the existing psychological problems which affect uprooted and traumatised asylum seekers.
The greatest number of asylum seekers that approached me with queries about education were in the age groups 25 - 35 (67: 49M, 18F), 17 - 25 (36: 31M, 5F) and 35 - 45 (22: 14M, 8F). These are, undoubtedly, the most resourceful and productive, the most mobile, agile and flexible groups, eager to pursue further education or continue their interrupted careers. The lack of possibilities to further their education or to pursue their careers in all the groups, especially among the highly educated individuals with particular skills, results in depression and loss of motivation (e.g. the medical doctors feel that such separation from practising will negatively impact on their professional abilities and skills).
English Language classes for asylum seekers is one of the most urgent issues to be addressed.10 Asylum seekers have no automatic right to State-funded English classes. The IRC has been providing free English classes for asylum seekers and refugees with a staff of both voluntary and Government Employment Scheme Workers. However, although the volunteer teachers are very committed, the fact that the maintenance of the English Language Programme is dependent on volunteers results in unavoidable instability. Therefore, for a permanent, structured English Programme, salaried teachers who can commit long term, are needed and State funding has been sought for the Programme for asylum seekers in Dublin. In addition, the need has arisen for literacy classes to be included as part of the Language programme as well as the need for more 'outreach' classes, particularly for women who are at home with young children and cannot commute as a result. On the other hand, in Ennis, the Council's English Language Programme has received State funding since April 1995 providing for a comprehensive English programme for all levels and there is liaison and support for school children.
Finally, connected with these is the issue of teacher training. There is no comprehensive teacher training system in place to help those working with refugees. A primary/secondary school teacher should not be asked to take on a job unless s/he is prepared for it. Most teachers in this area are part-time, a further reflection on how seriously 'the system' takes the situation.11
The interviewed asylum seekers' educational backgrounds offer a very diverse picture which raises additional questions and issues that need to be resolved.
All the interviewed from the age group 0 - 17 are attending local primary and secondary schools. Their parents did not report any difficulties with regards to their children's integration into the Irish school system. However, the IRC is aware of a number of existing problems among the asylum seekers of that age who have not yet been interviewed. The primary school support service began in the 1990s but there are no provisions for introductory classes and the existing State-funded mother tongue classes have been provided for the Vietnamese and Bosnian children only. There is no special provision in the school curriculum to address English language difficulties. An additional problem is the lack of secondary and third level support services.
Twenty interviewees from a range of age groups have not obtained any education at all or have not completed primary education. Eleven of these are women, that is to say more than a quarter of the women interviewed (42) and that fact raises the issue of women's participation in education. This issue is also connected with certain cultural and religious prejudices that need to be overcome.
The largest group (65: 51M, 14F) are asylum seekers who completed Secondary education. Among them there are a number of asylum seekers who commenced their studies at home, some of them with only one semester left to attend, but who had to leave their countries before completing. Needless to say, the eagerness and desire to study at third level or to continue their interrupted education is strongest in this group.
Finally, there are 37 asylum seekers interviewed for the research (23M, 14F) who hold university degrees. Six of these hold Masters degrees (4M, 2F). Some of the interviewed from this group would prefer a part-time course to full-time study. This is due partly to their age, to their poor level of English but also to the fact that they would like to find work and become independent of the State.
However, even if the Government or its relevant Departments allowed asylum seekers to study, there are still numerous obstacles regarding their access to the post-secondary (vocational) or third level education. Firstly, there is no overall policy on the assessment of overseas qualifications (sometimes very specialised) or recognition of asylum seekers' previous work experience. Therefore, asylum seekers and recognised refugees who hold professional and vocational qualifications are currently unable to adjust their skills and experience to the Irish context. This, however, is not a problem of primary importance and it can be solved: the International Guide to Qualifications in Education,12 available in the British Council in Dublin, could be consulted to assess overseas qualifications, as it has been done by some of the Irish Colleges and Universities. Secondly, a certain number of asylum seekers, fleeing persecution, left the documentation about their previous education back home. The most difficult problem to solve, of course, is the fees issue. While awaiting decisions on their cases asylum seekers are legally regarded as foreign nationals. Consequently, Colleges too insist that asylum seekers who would like to study pay non-EU fees which are very high and inaccessible to them. Some Colleges I have contacted with this particular query expressed the willingness to reduce the fees to the EU citizens' level but these are still far too high for asylum seekers. The situation is much more favourable with regards to the Post-Secondary level (VEC) Colleges as their fees are fairly low. However, because there is no policy about this particular issue principals in the VEC Colleges do not know whether to accept asylum seekers or not.
There are several ways for the IRC and the relevant Government Ministries to tackle the problem of asylum seekers' education:
As the final point, it must not be forgotten that those asylum seekers that will be recognised will have to start re-building their lives from scratch, which appears to be particularly psychologically difficult to those over 30 years of age. Gaining access to education would alleviate the pressure and enhance the capabilities of learning. On the other hand, if refused and repatriated they would be able to contribute and resettle more easily in their countries of origin.
Beyani, Chaloka, "The Prerequisites of Education" in Education Rights and Minorities; A Minority Rights Group International Report; 94/1.
Community Services for Urban Refugees; UNHCR; 1994.
Convention and Protocol Relating to the Status of Refugees; UN; 1988.
Council Directive on the Education of the Children of the Migrant Workers; (77/486/EEC); 25 July 1977.
Cox, Wendy, Summary of Concurrent Presentation: "Refugees in Ireland"; Conference on Intercultural Education: Irish Perspective; Dublin; May 11th - 14th 1994.
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; UN; 1992.
Education Rights and Minorities; A Minority Rights Group International Report; Edited by Minority Rights Group; 94/1.
Preston, Rosemary, "Is there a refugee-specific education?" in The Courier; No. 150, Bruxelles; March-April 1995.
Refugee Act; Stationery Office; Dublin; 1996.
Refugee Bill 1995; Explanatory and Financial Memorandum; Stationery Office; Dublin; 1995.
Refugee Charter for Europe; The Refugee Council (UK) and the Danish Refugee Council.
Refugee Education Charter; The Refugee Education and Training Working Group; World University Service; (UK).
Refugee Employment and Training; Compiled by the Refugee Council; London.
Report on the Education of Migrants' Children in the European Union; Commission of the European Communities; 25 March 1994.
Resolution on the Implementation of Directive 77/486/EEC on the Education of the Children of the European Community; No C 122/63; 1985.
The European Convention on Human Rights and Fundamental Freedoms; 1950.
The International Guide to Qualifications in Education, 4th Edition; Naric, Mansell Publishing Limited; 1996.
The Refugee Bill 1995; Welcome and Concern; From the Chairperson of the Irish Refugee Council, Ms. K. Anne Elliot.
The Rights of the Child; - Declaration adopted by the UN on 20 November 1959.
The Universal Declaration of Human Rights; UN; 1948.
1: Refugee Agency; unpublished. Return to Main Text
2: These countries are: Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burundi, Congo, Cuba, Ethiopia, Gabon, The Gambia, Iran, Iraq, Ivory Coast, Kenya, Liberia, Libya, Moldova, Nigeria, Palestine, Romania, Russia, Somalia, Sri Lanka, Sudan, Tajikistan, Tunisia, Turkey, Uganda, The Ukraine, Western Sahara, Yugoslavia, Zaire. Return to Main Text
3: The interviewees are native speakers of the following 37 languages: Albanian, Amharic, Arabic, Assyrian, Attie, Azerbaijani, Baganda, Bajun, Bakongo/Kikongo, Barawe, Bulgarian, Byelorussian, Dan, Fang, Gjakanga, Hungarian, Ibo, Kabil, Kikuyu, Kirundi, Kurdish, Lingala, Luo, Mandinga, Oromo, Portuguese, Romanian, Romany, Russian, Rwandese, Serbo-Croat, Somali, Spanish, Tamil, Turkish, Ukrainian.
In addition, 97 of the interviewed can speak at least one foreign language fluently. Among them there are asylum seekers who fluently speak more than one foreign language (2, 3 or 4). There are 24 languages asylum seekers can speak fluently, apart from their mother tongue: Arabic, Baganda, Bambara, Batuni, Bulgarian, Farsi, French, Fullah/Fulani, German, Greek, Italian, Kikongo/Bakongo, Kiswahili, Lingala, Mandinga, Portuguese, Romanian, Russian, Serbo-Croat, Spanish, Ukrainian, Wollof. This is a highly applicable potential which could be used if asylum seekers could obtain the permission to work 6 months after they applied for asylum, as is the case in the UK.Return to Main Text
4: Refugee Bill, Stationery Office; Dublin; 1995.Return to Main Text
5: Refugee Act, Stationery Office; Dublin; 1996.Return to Main Text
6: Universal Declaration of Human Rights, Article 26 (1,2); 1948.Return to Main Text
7: European Convention for the Protection of Human Rights and Fundamental Freedoms; Signed in Rome 4 Nov. 1950. Article 2, Protocol 1.Return to Main Text
8: Resolution on the Implementation of Directive 77/486/EEC on the Education of the Children of the Migrant Workers; European Commission; 1977.Return to Main Text
9: Annual ECRE Report; The Irish Refugee Council's Legal Team; September 1996.Return to Main Text
10: Only 49 asylum seekers interviewed for the research spoke fluent English (43M, 6F). Others were classified by their English teachers as: a) the intermediate level (42: 26M, 16F) b) elementary level (19: 11M, 8F). 32 asylum seekers have either basic or no knowledge of English at all. However, there are asylum seekers who are illiterate in their own language.Return to Main Text
11: One of the English teachers who works with the Vietnamese adults, and who wants to remain anonymous said, "I am starting work next week: we have no phone or our own staffroom. We share the toilet with the students. We have no privacy in our work. We don't have a typewriter or a computer. Hopefully the photocopier will arrive. Our actual workplace is disgusting. It's an embarrassment when someone says: "I'll fax you..." and I have to say we're not on the phone. Because this whole area is marginalised I'm marginalised as a professional person who can't do my job properly. It's an embarrassment and students know that too. 90% of your morale evaporates at the thought of work. What is sickening is that there has been European money available for a long time for schools and especially for teacher training."Return to Main Text
12: The International Guide to Qualifications in Education, 4th Edition; Naric, Mansell Publishing Limited; 1996.Return to Main Text
13: Rosemary Preston, "Is there a Refugee-specific Education?" in The Courier; Bruxelles, No. 150, March-April 1995. P.60 - 62.Return to Main Text