A/HRC/11/8
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62. Despite being free (at least for many courses), a disincentive to participate in education
relates to its potential impact on opportunities for financial remuneration, although minimal, for
employment, usually inside the place of detention. Although most States indicate there is no
financial penalty in undertaking learning, it is the case that, for some learners, their inability to
participate in employment affects their finances. This is not the case across the board, however,
as demonstrated by Ireland, which referred to receipt of the “same daily payment as other
prisoners”. Ireland also offers, as do other States, such as Hungary and Lithuania, monthly grants
to compensate the potential loss of income. As an incentive to participate in education, some
States, such as Algeria, the Dominican Republic, Guatemala, Mauritius, Peru, Poland and
Tunisia, also take into account the time spent in education programmes for parole or conditional
release; in Peru and Tunisia, this time is considered for sentence reduction.
63. In the majority of States, education in detention is publicly funded. This can take a number
of forms and, in some cases, may involve differing Government ministries, principally those
concerned with criminal justice and/or education. This implies the need for active coordination
between ministries to avoid waste, gaps and inconsistency in resourcing and provision. In
decentralized States where regional and local entities are competent in the education sphere (for
example in Argentina, Germany, Mexico, Norway and Switzerland), such risks may be
inherently increased, although none were reported by States.
64. Education is also funded through grant schemes, initiated and/or assisted by various
entities including, in some instances, the European Union (Slovak Republic) and other
international bodies (Latvia, for instance, organized its library stock with the assistance of
international project funds). Outsourcing through various processes is therefore not unusual,
again taking a number of forms. Public entities are the principal providers, but the private sector
may be involved in some States (for example, the United Kingdom), and provision is not
uncommonly subcontracted to the voluntary and community sectors. Indeed, implementation of
education provision in cooperation with the voluntary and community sectors is relatively
common and seen in States including Burkina Faso, Cuba, the Dominican Republic, Greece,
Guatemala, Guyana, Ireland, Japan, Latvia, Mauritius, the Republic of Moldova, Peru,
Singapore, Suriname and the United Kingdom. Confidence in sufficient and long-term funding
within such partnerships, alongside rigorous monitoring and evaluation, will do much to ensure
the quality of such an approach.
65. One related issue is participation in the design, delivery and monitoring of education
programmes. Participation of diverse actors, such as detainees, prison officers, the outside
community, non-governmental organizations and families, is known to have a positive impact on
their relevance and outcome.58 The Special Rapporteur was surprised therefore to learn that a
number of States make no formal provision for participation of detainees. In failing to do so,
they obviate a richness of experience, knowledge and informed opinion.
58
One related example concerns the participation of detainees as teachers or trainers, a practice
encouraged in, for example, Argentina, Costa Rica, Ecuador, Guatemala, Guyana, Romania and
the Slovak Republic. Without appropriate resourcing and support, this practice may have some
limitations.
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