A/HRC/41/37
18.
That approach helps to distinguish private providers of education that are focused on
their own interests, and thus raise particular human rights concerns, from other private
actors that may play a very important role in supporting the realization of the right to
education and Sustainable Development Goal 4.
19.
Commercial school chains are particularly worrying in that respect. Bridge
International Academies is one emblematic reported example: a for-profit commercial
chain of over 500 nursery and primary schools, operating both independently (in India,
Kenya and Uganda) and in partnership with Governments (in Liberia and Nigeria). It aims
to operate at an unprecedented scale by reaching 10 million children across Africa and
Asia.22 The company receives funding from both private and public investors, including the
International Finance Corporation (IFC), the CDC Group (formerly the Commonwealth
Development Corporation), the Overseas Private Investment Corporation and indirectly
through the European Investment Bank, among others. 23
20.
Although they purport to support the realization of Sustainable Development Goal 4,
the Bridge Academies operations in several countries reportedly exclude the poor and
marginalized, undermine labour rights, freedom of expression, the rule of law and
minimum educational standards, and have a negative impact on education quality, equity
and social cohesion.24 In a complaint filed with the IFC Compliance Advisor Ombudsman
against the IFC investment in Bridge, a group of parents and teachers in Kenya raised their
concerns about the substandard infrastructure and education provided in its schools and
their continued operation in contravention of State regulations and minimum standards. 25
Governments, unions, civil society and various treaty bodies have repeatedly highlighted
those concerns. 26 During its review of Kenya, the African Commission for Human and
Peoples’ Rights expressed concern about the “lack of monitoring and effective regulation of
private school chains, such as Bridge International Academies, that register as non-formal
schools, whereas they appear to offer formal education”.27 Referring to the financial support
of the United Kingdom of Great Britain and Northern Ireland for schools such as the Bridge
Academies, the Committee on Economic, Social and Cultural Rights expressed concern that
such support could have contributed to “undermining the quality of free public education
and created segregation and discrimination among pupils and students”
(E/C.12/GBR/CO/6, para. 14). In response to the shortcomings of the Bridge operations, the
Governments of Kenya and Uganda have taken steps to enforce compliance, including by
ordering the closure of schools that pose a danger to pupils and prosecuting Bridge for such
infractions.28
21.
Commercial school chains thus threaten not only to impair the realization of the
right to education, but also to damage democracy, social cohesion and stability in
developing countries (see A/HRC/29/30, para. 39).
22
23
24
25
26
27
28
6
See “Zuckerberg-backed startup seeks to shake up African education”, Wall Street journal (13 March
2015), available at www.wsj.com/articles/startup-aims-to-provide-a-bridge-to-education-1426275737.
Global Initiative for Economic, Social and Cultural Rights, list of known investors in Bridge
International Academies (2018), available from www.gi-escr.org/publications/brief-on-bridgeinternational-academies-investors.
See “Civil society call on investors to cease support to Bridge International Academies” (August
2017), available from www.gi-escr.org/publications/august-2017-civil-society-call-on-investors-tocease-support-to-bridge-international-academies.
See www.cao-ombudsman.org/cases/case_detail.aspx?id=1272.
See, for example, www.newvision.co.ug/new_vision/news/1471272/enforcement-standard-operatingprocedure-sop-private-schools-school-charges-uganda; www.unite4education.org/about/a-globalresponse-to-education-commercialisation/; www.gi-escr.org/publications/august-2017-civil-societycall-on-investors-to-cease-support-to-bridge-international-academies; and www.giescr.org/concluding-observations-private-education.
“Concluding observations and recommendations on the 8th–11th periodic report of the Republic of
Kenya, 2008–2014”, para. 37.
See http://globalinitiative-escr.org/wp-content/uploads/2017/03/170323-Update-on-legal-casesinvolving-BIA-Kenya-Uganda-Final-v5.pdf.
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