A/70/342
97. The corporate sector has a long track record of seeking to avoid being
regulated and numerous corporations have sued Governments for attempti ng to
implement regulations that could harm their profits. “More accountability of
UN partnerships with the private sector requires governments to build the
intergovernmental structures required for monitoring and oversight.” 3
98. The Special Rapporteur refers to the recommendations of the Council of the
Organization for Economic Cooperation and Development on principles for public
governance of public-private partnerships, dated May 2012, in which the Council
noted that the public governance framework for public-private partnerships should
be set and monitored at the highest political level, for “better outcomes for the
society as a whole through greater accountability and social control”, and
underlined the importance of “strong public institutions”.
99. The need for a sound regulatory framework was also recognized in the report
of the Intergovernmental Committee of Experts on Sustainable Development
Financing (A/69/315).
100. The Special Rapporteur has already mentioned that a differentiated approach
to public-private partnerships is necessary to distinguish partners with private
business interests in education from those committed to a social interest in
education, especially those with a genuinely philanthropic spirit. Moreover, stakes
in public-private partnerships in the case of technical and vocational education and
training are very different from those in education at basic or higher levels.
101. Accordingly, the Special Rapporteur considers that regulatio ns on publicprivate partnerships in education should include three elements:
(a) Screening for all private partners engaged in for-profit businesses and
pursuing private interests through a controlling environment;
(b)
spirit;
Promoting and supporting contributions to education in a philanthropic
(c) Creating an enabling environment to establish partnerships which
promote technical and vocational education and training.
102. Laws and policies on public-private partnerships exist in many countries, but
they are not adequate for facing the challenges that are emerging. In his earlier
reports, the Special Rapporteur provided extensive guidance on the role of the State
in regulating private providers (see A/69/402 and A/HRC/29/30). That advice
applies equally to privately operated schools under a public -private partnership
model and includes the need to ensure that public laws, policies and regulations
prescribe in detail the rules under which public-private partnerships can be created,
how they must operate, the standards that they must meet and the means by which
they will be monitored.
103. In its resolution 68/234, the General Assembly also recognized the vital role
played by Governments in promoting responsible business practices, including
providing and ensuring enforcement of the necessary legal and regulatory
frameworks in accordance with national legislation and development priorities.
104. Regulations must ensure that public-private partnerships in education are
harnessed to the broader public interest and do not compromise the humanistic
mission of education. They should be prescriptive as regards the norms and
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