A/70/342 functions is subject to public scrutiny, both in its operational and financial aspects”. 29 117. Such cases create an important precedent that should be observed by all States. While the State retains primary responsibility for meeting its human rights obligations, whenever it enters into agreements with private providers, those agreements should stipulate that the private partner or company acknowledges the public responsibilities that they are taking on to respe ct the right to education. IX. Public-private partnerships in the context of the post-2015 sustainable development agenda 118. The current euphoria for global partnerships in the post -2015 development agenda must recognize the challenges that public-private partnerships present to States, which must respect, protect and fulfil the right to education. Goal 4.1 of the proposed sustainable development goals states: “By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes”, while proposed goal 17.16 stipulates that the global partnership for sustainable development be complemented by multi stakeholder partnerships and that effective public, public -private and civil society partnerships, building on the experience and resourcing strategies of partnerships, should be encouraged and promoted. 119. The Special Rapporteur shares the concern that, without clear lines of accountability, there is an imminent risk of the development agenda being unduly shaped by private sector financing, activities and priorities. There is a need to “establish and enforce ex ante eligibility criteria for private sector partnerships” and “the governance of UN partnerships with business must be rooted in the international human rights framework”. 30 He considers it important to focus on State obligations for the right to education and for regulating public-private partnerships in education in the context of multi-stakeholder initiatives. Achieving universal free secondary education of good quality for all as a goal does not admit of any partnership that undermines or compromises providing education free of cost. The Special Rapporteur hopes that, following the adoption of the Incheon Declaration in May 2015, the adoption of the Education 2030 framework for action will lead to reinforced commitments by Governments to attaining the goal of uni versal quality education for all free of cost. Public-private partnerships in education should not be allowed to compromise education as a social cause. X. Conclusions and recommendations 120. The rapid expansion of privatization, owing to the deregulation and liberalization of the education sector, has led to a push towards more public private partnerships. With a wide range of arrangements and modalities, __________________ 29 30 15-12538 See AllPay Consolidated Investment Holdings (Pty) Ltd and others v Chief Executive Officer of the South African Social Security Agency and others (No 2) [2014] ZACC 12. Center for Economic and Social Rights and Third World Network, “Universal rights, differentiated responses: safeguarding human rights beyond borders to achieve the sustainable development goals” (April 2015). 21/25

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