A/HRC/32/37 against the most deprived and by contributing to brain drain in many poor countries. 45 There is evidence of an emerging global marketplace and a growing spirit of competition in higher education.46 90. Massive open online courses and other distance education formats can promote privatization, reduce public funding and increase managerial control over academic staff. 47 “Market-leading” universities could capture the higher education market as a whole, since customers will choose the most prestigious courses in elite universities associated with “star” professors. 48 This phenomenon has been termed “an emerging brand of academic capitalism”49 that is associated with entrepreneurship, as it seeks to raise significant income from the private sector. 91. Private sector enterprises are emerging key players in digitization.50 The commercial interest of providers, which enables them to enter the higher education market using a massive open online course approach, can be the reason for offering such courses. Governments, institutions and private providers may misuse massive open online courses and other distance education technologies to promote privatization, reduce public funding and increase managerial control over academic staff. 92. Recalling the report he submitted to the General Assembly at its seventieth session, in which he expressed concern regarding the risks of public-private partnerships and the right to education, the Special Rapporteur calls upon Governments to be vigilant against commercial pressures that promote the sale of technology without due concern for the actual benefits of students or teachers, educational establishments and the education system at large. Governments should seek evidence of the value of any investment into digital technologies before diverting resources from the education sector. This is critically important as growing interest is being manifested today in seeking partnerships with multiple stakeholders. The Special Rapporteur emphasizes that Governments and, through them, all providers of education, whether operating independently or jointly with Governments, remain accountable given that States bear responsibility for ensuring respect for the right to education in all partnerships. 93. The norms and principles that underlie the right to education are affected by the market forces associated with digital technologies. It is of utmost importance that education be safeguarded against the forces of privatization. XIII. Legal and policy responses to cope with the digital revolution 94. The “digital tsunami” is so powerful that legal and policy responses are not able to keep pace with it. The need for and the importance of digital technologies not only as tools but also as resources in teaching and learning processes and in creating immense possibilities of connections and collaboration must be recognized. Governments need to break down barriers to open information, eliminate digital divides and expand usage and coverage of digital services. They must optimize regulations and public policies and 45 46 47 48 49 50 Susan D’Antoni, ed., The Virtual University, p. 45. Ibid., p. 52. Education International, statement on massive open online courses. John Morgan, “Universities challenged”, p. 6. Ibid., p. 7. For example, two leading United States universities, Harvard University and the Massachusetts Institute of Technology, have collaborated with two companies, Udacity and Coursera, to form partnerships and build massive open online courses under the name edX. See John Morgan, “Universities challenged”, p. 6. 17