A/HRC/29/30
rights commission recently launched investigations into the for-profit Curro Foundation
School.40
71.
Omega International, a chain of for-profit, low-fee private schools run according to a
business model41 in Ghana, requires fees representing up to 40 per cent of poor households’
income42 and makes a mockery of education by not following the national curriculum43 and
by employing unqualified instructors.44 The Special Rapporteur notes that providing tax
relief or subsidies to private schools, rather than establishing good-quality public ones,
violates the Constitution of Ghana, which provides that every person shall have the right, at
his own expense, to establish and maintain a private school or schools.
72.
Like Ghana, Kenya and Uganda too are allowing education to be commercialized
and are encouraging for-profit schools, such as the Bridge International Academies. This
violates these States’ international legal obligations to provide free basic education for all.
It also contravenes the Children Act 2001 of Kenya (reinforced by the Basic Education Act
2013), by which every child is entitled to free basic education and the Government is
responsible for providing such education.
73.
Chile has embarked on a transformative, regulatory approach to undoing the
devastating impact of 30 years of market-based policies in education, which have led to
high levels of school segregation and stratification. 45 The Special Rapporteur hopes the
current reforms will dismantle the underlying neoliberal economic policies and restore
education as a public service through new, socially just and equity-focused legislation.46 He
also hopes that the negative consequences of privatization in Chile will dissuade countries
such as Peru from following that path. Nearly 25 per cent of Peruvian schools are private
and, rather than protecting the public interest in education, Peru has issued legislative
decree No. 882, which leaves it to the national consumer protection agency to regulate
private schools.
74.
In Sweden, the Government launched a major review to abolish the motivation of
profit for providing education after falling in the Programme for International Student
Assessment league tables and intends to bring in legislation by 2016 that would force
private companies to reinvest all profits back into their schools. “The Swedish free school
experiment shows that allowing for-profit providers into the school market has not led to
increased performance and improved schools, but instead permitted another vested interest
into education”.47
40
41
42
43
44
45
46
47
See http://pod702.co.za/Eyewitnessnews/docs/150519GDECurroReport.pdf.
See www.periglobal.org/subject/for-profit-schools.
See Curtis Reip, “Omega Schools Franchise in Ghana: “affordable” private education for the poor or
for-profiteering?” in Education, Privatization and Social Justice: Case Studies from Africa, South
Asia and South East Asia, Macpherson et al., eds., pp. 259–278.
See http://globalinitiative-escr.org/wp-content/uploads/2014/08/260814-Education-Privatization-inGhana-CRC-pre-session-report_FINAL.pdf.
See ibid.
See “Decommodifying Education in Chile”, 2014. Available from
www.educationincrisis.net/blog/item/1122-decommodifying-education-in-chile?-bachelets-reformsin-the-face-of-persistent-educational-inequalities.
See “Sweeping reforms set to end for-profit education in Chile”, 20 May 2014. Available from
http://theconversation.com/sweeping-reforms-set-to-end-for-profit-education-in-chile-26406.
See Richard Vaughan, “No return for Sweden’s free schools”, TES Magazine, 24 October 2014.
Available from https://www.tes.co.uk/article.aspx?storyCode=6447747.
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