A/70/342 standards for quality in educational institutions under such arrangements. Prescriptive regulations are specifically necessary when a Government enters into a contractual partnership with a private service provider for school infrastructure, to ensure that this meets the norms and standards of educational requirements, with specific norms for infrastructure for technical and vocational education and training. 105. Moreover, regulations should be prohibitive as regards, for example, ill-founded propaganda and commercial advertising in education, misleading claims as to quality education by private partners and the repatriation of surpluses by foreign-owned private institutions. 106. In addition to being prescriptive and prohibitive, regulations should also be punitive, with sanctions for fraudulent and corrupt practices, such as false declarations for tax evasion, and corrupt individuals and complicit companies, as is the case with other criminal acts.25 Punitive regulations are necessary to control abusive practices by private partner(s). Those practices include corruption in procurement for schools infrastructure or in cross-border education, the false exaggeration of student results and other violations which result from for -profit corporate ownership. 107. The Special Rapporteur thus emphasizes the need for States to create a comprehensive regulatory framework to control public-private partnerships in education that is prescriptive, prohibitive and punitive. B. Accountability and monitoring mechanisms 108. The failure to enforce and monitor the regulatory frameworks within which private schools operate has left the educational landscape open to corru pt practices and manipulation. 26 109. Regulations on accountability should prescribe disaggregated reporting on obligations, including financial reporting and performance measures. Those requirements should include human rights-based indicators and be sufficiently detailed to ensure that the right to education is being met. 110. The Special Rapporteur emphasizes the need for adequate rep orting requirements and accountability mechanisms for public-private partnerships in education, so as to ensure the full compliance of private partners with the normative framework of the right to education, both as regards the global dynamics of public private partnerships and public-private partnership arrangements at the national level. 111. States have the obligation under human rights law to establish conditions and standards for private education providers and maintain a transparent and effective system to monitor those standards with sanctions in case of abusive practices. That responsibility cannot be fulfilled through voluntary compliance systems or inadequate State monitoring and oversight. 112. It is important that States carefully enforce laws, rules and regul ations through monitoring and enforcement. Governments should strengthen national human rights __________________ 26 15-12538 Geetha B. Nambissan “Low-cost private schools for the poor in India: some reflections” in India Infrastructure Report 2012: Private Sector in Education (New Delhi and Abingdon, United Kingdom, Routledge, 2013). 19/25

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