The right to inclusive education in Botswana: Present challenges and future prospects

1 Introduction

The demand for social justice in the education sector, particularly in relation to children with disabilities has gained impetus in the world,

especially over the latter half of this century. Previously, in Botswana as was the case with many African countries, children with disabilities were denied opportunities to attend normal schools. They were mostly removed by their keepers from public view, hidden and isolated as they were considered to be a curse. However, in the last few decades, the world has experienced the emergence of a human rights movement whose objective is to lobby states to guarantee the fundamental rights and freedoms of persons with disabilities. One of the themes that emanated from this movement is the protection and promotion of the right of children with disabilities to receive education. Thus, in the intervening years, there has been a remarkable paradigm shift from excluding children with disabilities from education to their inclusion. This transformation was inspired by amongst other things, the children’s rights theory, which at its rudimentary level, postulates that all children are worthy of dignity and concern to grow up and become active citizens. In a nutshell, the message is that all children are children and deserve to be treated and live as children. Today, more and more learners with special needs are studying under one roof, side by side with their peers who do not suffer from any disabilities. This concept is commonly referred to as inclusive education. The concept of inclusive education has western origins where it began taking roots in the 1980s. Today, it has become a secular religion in education settings throughout the world. Botswana has committed to providing education for all through its Vision 2016 Agenda.3 However, despite the fact that inclusive education has gained immeasurable currency in modern pedagogy, Botswana has not done enough to cater for the education needs of and address challenges faced by children with disabilities. This article identifies the need for Botswana to put in place a comprehensive system of laws and properly coordinated policies to facilitate the successful implementation of an inclusive education strategy.

2 The merits of inclusive education

Inclusive education calls for the development of a flexible system that entails a wide range of learning environments and different kinds of support structures so that learners can learn effectively according to their intellectual capacities, skills, talents and interests. It is designed to be profitable or useful to disadvantaged and vulnerable learners through finding ways of lessening the hurdles which exclude or hinder them from accessing education or achieving their educational potential. In the words of Banks, inclusive education could help with reducing prejudice in the teaching-learning process thus ultimately helping learners to develop

positive democratic attitudes and actions.16 Overall, the concept of inclusive education is flexible in nature and character and thus permits teachers to pay attention to how each learner can learn at an optimal level and unleash his or her potential. The concept also adopts a multi-vectored approach in implementing the provision of inclusive education, recognising that although the government must be the predominant role-player, as a duty-bearer in the provision of inclusive education, other relevant stakeholders must be involved in the process to make inclusive education a reality.

To this end, successful implementation of inclusion strategies is dependent to a large extent on the attitudes of teachers and the supporting staff, since they are the ones responsible for the day-to-day implementation of inclusion policies and strategies.17 Close cooperation and collaboration of special educators and regular teachers is also imperative if optimal inclusion is to be realised.18 The Salamanca Statement on Principles, Policy and Practice in Special Needs Education19 describes inclusion as ‘the most effective means of combating discriminatory attitude, of creating welcoming communities, building an inclusive society and achieving education for all ...’20 It further states that education for children with disabilities must be extended to them within the context of a regular education setting.21 Beiter has interpreted this to mean that there should not be two parallel education systems: one for the children with disabilities and one for the non-disabled, but rather that education for children with disabilities must be provided in integrated and mainstreamed education set-ups, of course with necessary modifications to suit learners with disabilities.22 Thus, the utilitarian value of the inclusion model lies in its emphasis on restructuring, transforming and adapting school programmes, curricula, revising assessment procedures, applying appropriate technology and adopting fitting practices ‘in order to accommodate a much wider range of ability’ and aid learning, communication and mobility. 23

3 The de-merits of inclusive education

Despite the generally acknowledged utility of the inclusive education approach, there are commentators who argue that it does more harm than good. They argue that it is a lofty policy driven by unrealistic expectations in which schools or policy-makers force learners into the regular mode of education.24 It has also been contended that where inclusive education is emphasised, the socialisation part of education takes precedence over and to the detriment of academic education.25 For opponents of inclusive education, socialisation cannot be the main goal of learning at the expense of academic education.26 They argue that many inclusive education environments are cosmetic and without tangible benefits because these are based merely on the sitting of learners with disabilities in a regular class and feign normalisation without considering whether such learners participate and learn or not.27 It has also been argued that inclusive education deprives learners with disabilities of a special classroom environment that is properly adapted to accommodate their specific needs.28 It has been contended further that learners with disabilities always leave the regular education setting with low self-esteem or self-concept.29 Some learners with disabilities have ‘reported that life in the mainstream was characterized by fear, frustration, ridicule and isolation’.30 It has also been said that inclusion may also lead to learners with disabilities being harmed or teased by regular education learners and their safety being endangered.31 Further, inclusion is said to have disadvantages even for regular class learners because an inclusive class is far more active than a regular class and this may have a disruptive effect on the learning progress of regular class learners. 32

Research has also shown that teachers consider inclusive education to be difficult and stressful to implement.33 Studies conducted in Botswana have confirmed this view. For instance, in 2006, Brandon surveyed the attitudes of Botswana teachers of family and consumer sciences towards inclusive education and found that they were negative.34 Another study conducted by Chhabra et al has shown that ‘teachers in Botswana schools did not have favourable or supportive attitudes towards inclusion’.35 This latter study also established that teachers in Botswana are reluctant to include learners who need specialised and individualised programs or modified programs.36 Some of the identified problems associated with inclusive education include overcrowded classrooms, inflexible timetables, unavailability of relevant teaching materials and inadequate specialist support.37 In this regard, the study by Chhabra et al on the implementation of special education in Botswana indicates that teachers are concerned about the inadequate equipment and the non-availability of paraprofessionals in schools implementing inclusive education.38 It may be that the resistance of teachers in the implementation of inclusive education also emanates from lack of support from the government. Despite the above criticisms, the mainstreaming of education opportunities through inclusive education has been said to possess both symbolic and practical significances: its symbolic significance is that all children or people are born with equal dignity and must not be unjustifiably differentiated. On the practical side, the mainstreaming underscores and guarantees equal rights and opportunities between children with disabilities and those that are non-disabled.39

4 Understanding the concept of disability in a human rights context

The term ‘disability’ features prominently in this paper and it is important to place it in its proper perspective and context. The Convention on the Rights of Persons with Disabilities (CRPD) states that People with Disabilities (PWDs) include ‘those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on equal basis with others’.40 Although this definition concerns itself with the social model to disability, it suffices for purposes of this paper in giving insight in the subject under discussion. However, it is also important to note that the concept of disability has also assumed a human rights dimension. Traditionally, disability was not considered to be a human rights issue.41 The Human Rights Model only emerged in the 1980s.42 In terms of this model, disability is viewed as a human rights issue and that ‘problems’ linked to any condition of disability are seen as inherent in external factors such as society’s stereotypes, prejudices and artless perceptions on disability rather than from the persons with disability.43 Consequently, according to this model, the state has an important duty to ‘tackle socially created obstacles in order to ensure full respect for the dignity and equal rights of all persons’.44 At a theoretical level, the human rights approach to disability concerns itself with how society subjugates PWDs and how this marginalisation can be best addressed.45 As Quinn and Degener observe:

[T]he human rights perspective means viewing [PWDs] as subjects and not as objects. It entails moving away from viewing [PWDs] as problems toward viewing them as rights holders importantly, it means locating any problems outside the person and especially in the manner by which various economic and social processes accommodate the difference of disability or not as the case may be. The debate about disability rights is therefore connected to a larger debate about the place of difference in society. 46

In terms of the human rights model, there must be reasonable accommodation for people living with disabilities to avoid social differentiation. A human rights approach to disability ‘obligates society to remove the attitudinal and physical barriers to equality and inclusion of PWDs’.47 In this way, disability is considered within the context of diversity in terms of which persons with disabilities can establish and pursue their own concept of self-worth and dignified personhood. This idea led to the adoption of numerous instruments aimed at the promotion and protection of rights of PWDs at the UN level. Key amongst these is the CRPD.48 Today it is readily accepted that disability is a human rights issue. However, the Bill of Rights of the Constitution of Botswana is silent on the rights of PWDs. This amounts to legislative neglect and partly accounts for the government’s tepid attitude towards the protection and promotion of PWDs.

However, it should be noted that on 14 March 1995 Botswana ratified the Convention on the Rights of the Child (CRC)49 and incorporated the bulk of its provisions into Botswana law through the Children’s Act.50 In terms of this treaty, the right to education to children imposes a duty upon states ‘to make primary education compulsory and freely available for all’.51 The Convention on the Rights of the Child Committee (CRC Committee) has observed that inclusive education should be the model of choice for educating children with disabilities.52 The Committee further noted that the extent of inclusion within a given education system will vary, and further that ‘[a] continuum of services and programme options must be maintained in circumstances where fully inclusive education is not feasible to achieve in the immediate future’.53 Thus, inclusion may extend from placement of all children with disabilities into a regular classroom to placement into a regular classroom ‘with varying degrees of inclusion, including a certain portion of special education’.54 The Committee has also recognised that the concept of inclusion is broad and goes beyond the fundamental question of how learners with disabilities can be accommodated within a classroom, programs or curricula.

5 Inclusion as a right under international law

As a prefatory note, it is important to note that Botswana is a dualist state. This means that provisions of international instruments do not create justiciable rights in the country unless they are legislatively incorporated into Botswana law. Despite this, Botswana courts cannot ignore relevant provisions of human rights instruments in their adjudicatory processes because these instruments lay down higher normative principles and legal imperatives which the country must incrementally gravitate towards achieving. 55 The CRPD is the first legally binding international instrument to lucidly, exclusively and comprehensively deal with the rights of persons with disabilities. In terms of article 7 of this instrument, states parties are obliged to take necessary and targeted measures to ensure the full enjoyment of rights and fundamental freedoms by children with disabilities on a comparable basis with children without disabilities. Article 24 is strikingly pertinent; it obliges states parties to establish an inclusive education system at every strata of learning.56 It also forbids the exclusion of children with disabilities ‘from the general education system on the basis of disability’ or deprivation of ‘access to an inclusive, quality and free primary education and secondary education on an equal basis with others

in the community in which they live’.57 States parties to the Convention are also under a duty to ensure that reasonable accommodation is made for individuals with diverse needs, and that children with disabilities receive the necessary support within the regular education system to facilitate their learning.58 To implement the provisions of the aforesaid, article 24 of the CRPD, the inclusion of PWDs in the mainstream education system must be done under three different track systems:

• The dual track system which provides for learners with special educational needs in one system and learners without disabilities in another and major system;
• The multi-track system, which caters for the needs of various groups in different, parallel systems;
• The one track system or the inclusive education system, which gathers all learners [those with disabilities and those without] in one system.59

The latter track requires the adoption of a Universal Learning Design (ULD) ‘characterised by the development of curriculum and the training of teachers to meet the various needs in a classroom’.60 This approach seeks to eliminate environmental barriers to education for children with disabilities and ensure that they are fully included in the education system.61 The ULD offers a menu of differentiated learning activities that accommodate learners with different abilities.62 In a study done in 2008 under the auspices of the Curriculum Development Division in the Ministry of Education, it was recommended that Botswana must adopt the ULD approach to address the problems of access to the curriculum by learners with disabilities.63 To date the recommendations of this study have not been implemented in the country.

The CRPD requires states parties to take measures to ensure that

the education of persons, and in particular children, who are blind, deaf or deaf-blind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.64

Against the backdrop of the above, supporters of the dual track and multi-track systems have been arguing that learners with special education needs should be separated from learners that are in mainstream education, especially where mainstream education is not satisfactory for this group of learners.65 In the view of proponents of these systems, learners with special education needs belong to a special education set-up that is tailored for their specific needs for their development. In their view such an environment will permit them to learn optimally without being abused or ill-treated by their counterparts who do not suffer disabilities.66

Comparative jurisprudence lends credence to this approach and the decision of the Supreme Court of Canada in Brant Country Board of Education v Eaton (the Eaton case)67 is instructive in this regard. In this case, a twelve year old girl with cerebral palsy was unable to communicate through speech, sign language or other alternative communication system. She was also severely visually impaired, mobility impaired and wheel chair-bound. Unfortunately, she was placed in a regular class set-up despite the fact that she was considered to be an ‘exceptional pupil’ by the Identification, Placement and Review Committee (IPRC). After about three years, the teachers and assistants formed the view that the mainstream education arrangement was not in her best interests and that indeed the education environment might harm her. The IPRC directed that the student be removed from the mainstream set-up and be placed in a special educational unit. The parents appealed this decision through various quasi-judicial and judicial tribunals up to the Supreme Court. Before the Supreme Court, the question was whether or not the decision to remove the child from the mainstream education set-up to an education set-up for children with special education needs violated her right to equality guaranteed under section 15 of the Canadian Charter of Human Rights and Freedoms.

The court ruled that the placement of the child in a setting for learners with special education needs was in the best interests of the child and could not be viewed as discriminatory as it fostered the development of the child. In the opinion of Justice Sopinka, introducing a learner with special educational needs into a mainstream education set-up without regard to their capability to cope amounts to forcing ‘the individual to sink or swim within the mainstream environment’ and this may be detrimental to them.68 Whereas the court in this case sanctioned the removal of the pupil from a mainstream setting to a setting for pupils with special needs, it will be incorrect to argue that the court supported the philosophy that learners with disabilities should learn in a separate environment. What appears to have been decisive for the decision of the court in this case were the peculiar circumstances of the case and not the theories behind inclusive schools vis-à-vis segregated schools for children with disabilities. In other words, the court assessed the suitability of the education settings in issue and concluded on the basis of evidence placed before it that in that particular case, and that case alone, the interests of the pupil would be best served by removing her from the mainstream education system and placing her in a setting for learners with special education needs. This means that if the mainstream education system makes sufficient accommodation for learners with special needs, then it is wholly appropriate for learners with disabilities to be admitted in the mainstream education system. Thus, the Eaton case must be understood within its specific context and setting, regard being had to the facts and evidence presented before the court. It must not be understood as laying a principle of general application that learners with disabilities cannot be accommodated in a regular classroom. 69

The other case that has been erroneously relied upon in literature as supporting the proposition that children with disabilities must be separated from non-disabled learners in the mainstream education system is that of O’Donoghue v Minister for Health.70 In this case a pupil had contracted Reyes Syndrome, a serious viral infection, at eight months old, suffering brain damage as a result. He consequently acquired severe mental and physical disabilities. On account of his disabilities, the child was denied a full time admission to state funded pre-school facilities. However, following sporadic training to improve his motor skills, responses, and recognition the child’s condition improved to mild disabilities. Following the refusal of school authorities to admit her son in the regular school, the child’s mother sued for the admission of her son into a regular primary school. The court awarded her the relief as there was evidence that children suffering from mild or moderate disabilities received full-time education in mainstream schools. The court also stated the following, albeit, obiter dictum:

In the case of the child who is deaf, dumb, blind, or otherwise physically or mentally handicapped, a completely different programme of education has to be adopted and a completely different rate of progress has to be taken for granted, than would be regarded as appropriate for a child suffering from no such handicap. 71

Although the above sentiments may be correct, the overriding consideration in each case is the doctrine of the best interests of the minor child. More narrowly, the inquiry within the context of access to education by learners with special needs is whether or not the mainstream set-up, which is the ideal system, is adequately adjusted to accommodate the needs of learners with disabilities to maximise their academic and social development. In other words, what is required is an all-inclusive assessment of the needs of the learner taken together with the extent of the inclusivity and individualised support of the concerned school. In other words, the procedure is not automatic that a child with a disability is necessarily excluded from a regular classroom. The sentiments expressed here show that inclusive education is distinctly a model of choice. It has been noted that although the multi-track system could be useful in separating learners according to their abilities, the classification ‘wastes valuable special education resources in determining which category a child fits into rather than providing the instructional interventions the child requires’.72 In this connection, the World Bank has stated that:

Most children with special education needs can be successfully and less expensively accommodated in integrated schools than in segregated institutional settings; and ... the vast majority of children with special education needs can be cost-effectively accommodated in regular primary schools. 73

It has been correctly observed that excluding children with disabilities from mainstream education disenfranchises them by placing emphasis or focus on their impairments rather than the environmental constraints such as lack of physical access, adequate equipment and the availability of special educators.74 In the Sofia75 case, the European Court of Human Rights reasoned that if the right to equal education opportunity means anything, it is that children with disabilities must be afforded equal education for all children with reference to their disabilities and that schools must create enabling environments for effective learning by children with disabilities. The court stated that the failure to create an enabling environment for children with disabilities constitutes a violation of the right to equal education opportunity. In Mental Disability Advocacy Center v Bulgaria,76 the European Committee of Social Rights ruled that Bulgaria violated the right to education of children with intellectual disabilities by excluding them from the mainstream education system. In the South African case of Western Cape Forum for intellectual Disability v Government of the Republic of South Africa77 the Western Cape High Court implored the government of South Africa to take concrete and targeted measures to ensure that children with profound mental disabilities access education. For his part, the UN Special Rapporteur for Disability has stated that:

States parties [to the CRPD] must ensure an inclusive education system at all levels and life-long learning. Learners with disabilities therefore have a right not to be excluded from the general education system on the basis of disability and to reasonable accommodation for the individual learner's needs. This not only means that learners have a right to attend mainstream schools and not be relegated to segregated schools, it also means that the special education needs of persons with disabilities must be taken into account in the general education system. This goes beyond grouping all learners together in one classroom to ensuring the provision of effective individualised support that maximises academic and social development. 78

The Education for All ( EFA 2000)79 also affirms the idea of providing quality education for all children in an inclusive setting. From the above analysis, it is clear that international law acknowledges and guarantees the right to education for children with disabilities, and to the extent practicable to receive their education within the regular education system. Most importantly, international law requires that children with disabilities must be provided with education on an equal footing with non-disabled children. In this connection, international law requires that necessary assistance be made available to children with disabilities so that they can harness their extraordinary potential to learn and secure better futures for themselves. In a sense, there is absolute need for the rethinking of education set-ups to embrace learners that are disadvantaged by reason of disability. Hence, this necessitates a paradigm shift in the education setting from exclusion to inclusion: and this shift is overdue, hence it must be rapid.

Despite the imperatives of international law in guaranteeing the right to inclusive education, Botswana’s attitude to the protection of this right has been tepid. This is demonstrated by the fact that no mention or reference is ever made of the right to inclusive education in the states parties’ reports submitted by Botswana to the CRC Committee, the monitoring body for the implementation of CRC provisions.80 Botswana is yet to submit the initial and second reports to the African Children’s Rights Committee, the monitoring organ of the ACRWC. It is also disappointing that the CRC Committee has not raised the question of the implementation of the right to inclusive education mero motu with Botswana in 2004 when the country submitted its first and only report. The failure by Botswana to submit these reports to these treating monitoring bodies deprives it the opportunity to receive feed-back on its efforts geared towards the implementation of children’s rights guaranteed under these instruments. 81

6 The right to inclusion in Botswana: Praxis, law and policy analysis

7 General observations

Despite the fact that the government has shown concern to the plight of learners with disabilities in Botswana, at least at policy level, it has not done enough to address their problems. In other words, there is a gap between recommended practice and the reality of implementation of inclusive education on the ground.146 As shown above, children with disabilities are still excluded from accessing education in Botswana. These are children who are missing out on the opportunity to learn, be better and self-supporting citizens who would not dwell on government hand-outs for survival. In explaining the value of education, Addison trenchantly observes that:

Education is a companion which no misfortune can depress, no crime can destroy, no enemy can alienate, no despotism can enslave. At home [it] a friend, abroad an introduction, in solitude a solace and in society an ornament. It chastens vice, it guides virtues, [and] it gives at once, grace and government to genius. Without it, what is man? A splendid slave, reasoning savage. 147

In this connection, former South African President Nelson Mandela opined that ‘education is the most important weapon which [one] can use to change the world’.148 Education gives more than just a qualification. Education is as empowering as it is a fulfilling right.149 An enjoyment of other rights such as the right to information, the right to vote, the right to work, and at times the right to contest for a public office depend on it.150 It also engenders respect for the dignity and equality of persons. Children with disability, whose rights to dignity and equality are under constant assault, can use education as a shield for protection against such abuses. Education also enables an individual to make critical assessments about life and make rational choices in relation thereto. It has been opined that the provision of education is one of the singularly important functions of latter-day governments.151 Education nurtures a being so that he can grow intellectually and contribute back to the society which helped him or her grow. It is an unqualified and composite right demanding prioritisation for realising, especially for children with disabilities.152 Weighing in, Professor Devenish states that:

Education is of seminal importance as far as human rights are concerned, since it liberates people from the bondage of ignorance, superstition and fear. It gives to them dignity and self-confidence and is a basic right, on which the materialisation of many other rights depends. 153

The state of Botswana’s education system fails to take into account the pluralistic nature of its society especially the fact that there are people who cannot naturally fit into the so-called normal school system and that there are those whose engagement in education needs special dispensations because of the nature of their physical emotional and intellectual being. Excluding children with disabilities from the mainstream education system blots Botswana’s claim that it is a shining example of democracy in Africa and the world. The history and experience of democracy is indeed that of mounting inclusion. In this connection, the Committee on the Rights of the Child has opined that, ‘inclusion of the child with disability in the groups of children of the classroom can show the child that he or she has a recognized identity and belongs to the community of learners, peers, and citizens’.154 Furthermore, the Committee notes that, ‘it is important to understand that inclusion should not be understood nor practiced as simply integrating children with disabilities into the regular system regardless of their challenges and needs’.155 Beyond integration, there must be accommodation of the needs of these children. As pointed out above, the Botswana education system makes very minimal provision for children with disabilities. This is mainly on account of the fact that there is no comprehensive special education curriculum in place in regular schools.

As a response to the unavailability of measures to cater for learners with disabilities, parents with long purses have resorted to paying fees to NGOs that provide education for children with disabilities. Naturally, this means that the future of similarly circumstanced children born to poor parents is bleak as these children will go without education for the reason that their parents are unable to meet their education costs. However, it must be noted that in recent years, the government has undertaken to educate children with special education needs by paying school fees for them to NGOs. The government’s program in this regard is shoddily coordinated and not sufficiently broad-based to include children staying in the remotest areas of the country, and accordingly its results are very minimal. However, and more significantly, this program undermines the idea of inclusive education because it perpetuates and cements exclusion by encouraging a parallel education system for children with disabilities. In this regard, Hopkin has argued that the operational practices of the government of Botswana effect exclusion. 156

To this end, it can be argued that Botswana’s operational approaches undermine one of the pillars of the country’s national vision,157 namely that Botswana must be ‘an educated and informed nation’ by 2016. To this end, all hurdles that bear the potential to frustrate the objectives of the national vision must be removed. It is submitted that the concept of inclusive education is the most effective strategy for the attainment of education for all citizens. The absence of a comprehensively arranged inclusive education system in Botswana undermines the attainment of this ideal. This means that the country is losing the potential of some of its intellectually talented citizens who are excluded from receiving education solely on ground of disability. According to a study commissioned by McBride in 2010, of the 100 children who reach school age, about 86 start school and 69 complete their primary education.158 This report approximates that the country is losing about a quarter of its future productive citizens.159 Numerous learners who attend school are not learning and those who learn are not learning optimally as they would have otherwise done in a more flexible system that accommodates children with disabilities.

8 Conclusion

It is clear that over the past two decades the paradigm of disability has shifted from being a medical issue to being a human rights question. The re-conceptualisation of disability as a human rights issue places the principles of inherent human dignity, non-discrimination and equality at the centre of any operational approach to the needs of persons with a disability. Inclusive education is a human rights-oriented strategy intended to integrate children with disabilities into the education mainstream and by extension into society.160 Inclusive education is about acknowledging and respecting differences in abilities and creating an enabling environment to enable all children without references to their impairments. This education approach also enables learners with disabilities to establish and pursue their own concept of self-worth and respectable personhood to realise their academic and social welfare. To facilitate effective learning in relation to learners with disabilities, serious adjustments must be made to the curricula. In addition, learning methods and practices must be adjusted to suit their needs. In this regard, the Committee on Socio-Economic Rights has noted that:

Modification in training programmes for teachers and other personnel involved in the educational system must be achieved in order to fully implement the philosophy of inclusive education.161

As demonstrated above, Botswana’s education laws are silent on the right to inclusive education on the part of children with disabilities despite the fact that the discourse of rights of children with disabilities is receiving exponential focus on the international plane. The situation in Botswana is inconsistent with international law which requires that national legislation, administrative rules and procedures, and practices be in conformity with the imperatives of international law.162 Rather than committing to legally binding obligations in an effort to protect and promote rights of PWDs, Botswana has elected to come-up with disparate policies dealing with disability rights thus creating a false impression of commitment to protect rights of persons with disabilities as policies by nature not binding. The fact that there is no legislation specifically dealing with rights of PWDs in Botswana is at best a case of legislative misnomer and at worst that of legislative neglect.

The absence of a tailored piece of legislation that specifically addresses the educational needs of children with disabilities in the country sends a sullen message that human rights of children with disabilities do not matter. More critically, the absence of a compressive legal protection system for children with disabilities in general and those with special education needs in particular has worked to undermine the potential of children with disabilities to harness their education potentials and attain a future they desire for themselves. Legalisation has been considered to be one way of giving substance to a policy objective.163 As pointed out above, what is in place in Botswana as a protection measure is a series of incoherent policies without a legal imperative, which officials can ignore without consequences of legal sanctions. Besides, the implementation of these policies remains woefully inadequate.164 A curriculum for learners with disabilities, especially those with severe and profound intellectual disabilities is yet to be formulated. Classrooms with the necessary support system are yet to be put in place. Education policymakers must at all times bear in mind the following incontrovertible truth to guide their education planning and policy making:

The increasing challenge to schools when they want to make a difference and they want to be fit for the future, is to examine what they are offering their learners, how it is offered and whether it meets the needs of the learners and the public. 165

To this end, it is extremely important that the government of Botswana must join the international community in efforts to make inclusive education not only real but an attainable priority rather than a policy flourish. A starting point in this regard would be the enactment of laws that guarantee and facilitate the rights of learners with disabilities to inclusive education. Another critical point to note is that inclusive education is expensive. This means that the government will have to increase its budgetary allocation to the Ministry of Education and Skills Development to enable it to operationalise inclusive education facilities. Like all tenets of social justice, the ideal of inclusive education is aspirational. Its attainment would require that concrete, progressive and targeted measures towards its attainment be undertaken. It is submitted that the human rights model to disability, that has inclusive education as its concomitant feature, provides an appropriate framework for the government of Botswana to respond to the challenges and needs of learners with disabilities in the country. In this way, the dignity and self-concept of PWDs will be given practical meaning.