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).
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