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Do these children - - - go to this school? 1.Which is in an urban city or town - which in a remote village or slum? 2.Which one is public education - and.

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Presentation on theme: "Do these children - - - go to this school? 1.Which is in an urban city or town - which in a remote village or slum? 2.Which one is public education - and."— Presentation transcript:

1 Do these children - - - go to this school? 1.Which is in an urban city or town - which in a remote village or slum? 2.Which one is public education - and which one is private education? 3.Which one covers poor children? Is there a latrine at school, at home? 4.Which school has higher fees? Are teachers attending in both schools? WHY?

2 UNICEF Surabaya, April 2008 UN Charter To achieve international co-operation in solving international problems… and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. Universal Declaration of Human Rights Article 1. All human beings are born free and equal in dignity and rights... Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status…

3 Disparities and the cycle of life...

4 Decentralization, Poverty & Inequalities Inequalities: dimensions Exclusion processes Economic and Legal tools Form: income service access outcomes Frame: geographic urban-rural ethnic gender vulnerability multiple risk Economic: unequal growth income disparities user fees reduce access Socio-demographic: location discrimination access to information Legislation - Governance: corruption implementation failure Economic – Political PRSP-SWAp basic social service provision contracting NSPs social safety nets Legal Action legal reform and implementation anti-discrimination birth registration legal representation

5 Human rights obligations of States to: State refrains from interfering with the enjoyment of the right RespectProtect State prevents others from interfering with enjoyment of the right Fulfill State adopts appropriate measures towards full realization of the right

6 UNICEF Kathmandu, April 2007 More targets, more instruments… Instruments: Solve through national development plan or by creating and implementing legislation? Targets: National development plan & finance Legislation, policy & enforcement Economic, social and human development problems Economic growth, Key social services, Employment Iodine deficiency disease, breast milk substitutes, ARVs, tax evasion New development problems, seen through a human rights lens Gender equality, Child friendly schools, Child labour Corporal punishment in schools, Incarceration of children with adults

7 The right to free & compulsory basic education the Law affects the Economics

8 State Obligations: Implications for NSPs Article 4: …undertake such measures to the maximum extent of available resources… Obligation to PROTECT –requires States to take measures that prevent third parties from interfering with the enjoyment of the right. Obligation to FULFILL –The Obligation to Fulfill requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right, or itself directly provide assistance or services for the realization of that right. PROTECT: to ensure that NSPs do not interfere with rights? FULFILL: State is obliged to ensure realization of rights, but not necessarily to be the sole or direct provider. ….and public expenditures are too often regressive

9 Beneficiary Incidence Analysis - Education Primary school expenditure is pro- poor. Secondary school expenditure is very pro-rich. Does the latter matter?

10 If there is continued State failure to provide for the poor, are markets, charities and community organizations useful supplements?

11 Private expenditures on health: % of total in 2000 and 2004…

12 Percent of students in private schools: pre-school, primary, and secondary…

13 Unequal markets: Prices of water from difference sources in Asian cities Source: UN-HABITAT (2003) Cost of water per cubic meter (US$)

14 NSPs, Rights and Economics NSPs can and do provide useful social services –BUT, they will do what they are encouraged to do by the market, – within the framework of what they are required and permitted by law and society So conceptualization of the future role of NSPs should be based on –What is desirable according to childrens rights –And what is feasible according to sound economic analysis

15 15 It doesnt matter if a cat is black or white, as long as it catches mice. - Deng Xiaoping THANK YOU!!!

16 Complimentarity of Human Rights and Economics in constructing a just society Markets primary focus – Attention to production, distribution and consumption: to purchasing power, markets, prices, trade, production and productivity. Human Rights primary focus – Attention to entitlements: existence and realization of the right, its embodiment in human rights declarations and covenants, in national constitutions and laws, enforcement of laws for the realization of the right, and elimination of social exclusion. State responsible to ensure social minimum. No contradiction – these roles are complimentary - and the State should ensure that basic entitlements are satisfied, whether through direct provision, by subsidies to NSPs, or by legislation.

17 Do Economic Externalities suggest: State provision, or State Obligation to ensure ? Sanitation – public benefits greater than individual benefits –Negative external effects on others from un-removed garbage and poorly built sanitary facilities - affects health, hygiene and quality of life of all. Piped water – mixed – individual and social benefits –Benefits individuals & moral hazard of over-use (treated water used for grass). External health effects of clean water. Piped water has monopoly characteristics that affect prices and provision. Piped water supplemented by donkey carts... Health – mixed – individual and social benefits: –Information asymmetry (like a judge paid by fines), externalities (untreated infectious diseases) and poor risk assessment (EPI), all affect consumption and resource allocation decisions. Education – mixed – individual and social benefits: –Information asymmetry, external social benefits, missing credit market for individual investment in education, all may result in insufficient resource allocations and purchases. Children – cannot make purchases on their own behalf!

18 Examples of NGO Legal Frameworks Philippines: During decentralization, Local Government Code 1991 recognized the lack of capacity of local governments and encourages NGO support to meet service delivery requirements. The NGO sector has adopted an extensive Code of conduct, which assists in self regulation of the sector. Thailand: Clear legal requirements for NGO registration and monitoring. There are three key agencies in charge of NGOs. Cambodia: called for the revival of a controversial law that requires complex registration process and stringent financial requirements. New law may give discretionary powers to the government to pick and choose the NGOs China: Dual management system: once NGOs have registered with the Ministry of Civil Affairs the system provides NGOs with supervision and guidance from various state departments.

19 Examples of PPP Legal Frameworks Vietnam: Plethora of laws, decrees, ordinances and regulations constrain private sector participation. Main laws: United Enterprise Law (2005); Law on Investment (2005). Mongolia: Ad Hoc Parliamentary Committee on PPPs; National Development and Innovation Committee (NDIC) in charge of PPPs; draft Concession Law, draft Law on Public and Private Partnership Thailand: Act on Private Participation in State Undertaking (1992). Not based on PPP principle; focusing on granting rights to operate or make use of state assets,- this limits its usefulness Philippines: The Coordinating Council for Private Sector Participation responsible for Build-Operate-and-Transfer Law (1990); enacted to mobilize greater private sector participation in public infrastructure. In 1994 expanded the different PPP arrangements

20 Who are the NSPs and what do they do? Traditionally referred to as Public-Private-Partnerships Broadly defined as profit, non-profit, formal and non-formal entities: –Non Governmental Organizations, Community Based Organizations, Faith Based Organizations, private companies, universities Education: off the tarmac, in slums; where government does not prioritize building schools, and of minority ethnic groups with own languages. Often denied by governments or illegal; often similar prices to government fees. E.g: Beautiful Tree schools in China. Health: Rural pharmacies and traditional healers often first point of contact, especially in remote areas. Charges may be less than health centers. E.g. Midwife association in Indonesia; the Buddhist monk initiative in Thailand, on HIV and substance abuse WES : municipal supplies, standpipes and private wells selling water, donkey carts distributing water. E.g: In Indonesia: PLAN international programme areas likely to have 3 times more access to safe water than the country average.

21 Legal system –clear regulatory framework –appropriate tariff regimes; affordability –appropriate and transparent subsidy mechanisms to allow access –open communication channels between public and private sectors, participation –clear statement of government roles as provider and regulator In the regulatory front –satisfy the basic objectives of autonomy, accountability, transparency, and predictability In the political system –Strengthen public administration and regulatory bodies Pro poor NSP Policy (contd)

22 Where are we now? 2008 and ongoing: Pilot Workshop in Mongolia: with CO, EAPRO, UNDP, UNESCAP and Presidents office: An Act was passed the next day, committee, change of law in process. Urgency due to vast expansion of copper mining in remote areas. UNICEF CO collaboration with NGOs, FBOs, CSOs and private sector continues in varied forms in all COs…but more often at operational than at policy level Partnership with ADB: MoU includes: KR3:Regional review of PPP engagement in basic service delivery; a) Study on PPPs in education; b) workshop in Manila, 15-16, March 2010. Collaboration with WBIs Asia Network for Capacity Building in Health Systems Strengthening (ANHSS) Regional paper on Private Sector for Health Services Delivery drafted Upcoming: education, water sectoral papers; HQ: plans for a draft position paper on PPPs in education; plans for a deeper health analysis;

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