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,
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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).
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