A/70/342 Principle of public accountability 92. Governments, and through them all providers of education, whether operating independently or jointly with Governments, remain accountable for respecting and fulfilling the right to education. 93. The accountability of Governments, linked to good governance and publicprivate partnerships, has been elucidated by the Prime Minister of India. In an address in 2013 he underlined the need to move forward from the “3 Ps: public private partnerships” to the “4 Ps: people-public-private partnerships” necessary to bring about good governance, in which people remain at centre stage with a sense of ownership and Governments become accountable. 94. The Special Rapporteur emphasizes that accountability in education is part of the obligations of the State, so that Governments must be monitored and held responsible for their shortcomings in failing to fulfil their obligations for the realization of the right to free education and in failing to adhere to minimum educational standards of quality learning, even when o utsourcing education to private actors. 95. The Special Rapporteur recalls the Incheon Declaration, in which “the fundamental responsibility” of Governments in implementing the future development agenda is reaffirmed, and the determination expressed “to establish legal and policy frameworks that promote accountability and transparency as well as participatory governance and coordinated partnerships at all levels and across sectors, and to uphold the right to participation of all stakeholders”. 24 VII. Regulating public-private partnerships and oversight and monitoring mechanisms A. Regulatory framework for public-private partnerships in education 96. Regulating public-private partnerships in education is a complex and challenging task, given that, under such arrangements, public authorities oper ate jointly with private entities and share responsibility with them. Private partners may have different and even conflicting motives and interests, seeking profit rather than giving primacy to the social interest in education. 25 The State, however, remains the guarantor and regulator to ensure that the norms and principles of the right to education are respected in all situations, including public -private partnerships. Governments in developing countries lack the necessary expertise and experience when faced with the complex legal nature of public-private partnerships, and the specialized legal expertise available to multinational conglomerates operating in education may contribute to unbalanced public-private partnership agreements. 10 Moreover, national legal frameworks for public-private partnerships must be in place before contractual agreements are negotiated. __________________ 24 25 15-12538 Incheon Declaration, “Education 2030: towards inclusive and equitable quality education and lifelong learning for all”. Available from en.unesco.org/world-education-forum-2015/incheondeclaration. Transparency International, Global Corruption Report: Education (Abingdon, United Kingdom, Routledge, 2013). 17/25

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