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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