A/HRC/29/30 109. In this respect, the Special Rapporteur refers with concern to the 2014 report on assessing progress in Africa towards the Millennium Development Goals, 80 which contains a recommendation to speed up private sector investment in education. This disrespects the proposal by the Open Working Group and undermines the right to education. The conclusions in the report that “Africa must build a vibrant private sector that supports the development of a dynamic primary education system ... establishing a liberal and attractive regulatory framework that is conducive to profitable returns on investment” overthrows States’ responsibility for education as an essential public function. Ensuring free education of good quality for all is a core obligation of States, as established in, among others, the African Charter on Human and Peoples’ Rights, which provides that every individual shall have the right to education. The Special Rapporteur therefore commends a joint statement by civil society organizations calling for the withdrawal of that report.81 110. Building an inclusive education system is a main thrust of the future development agenda and requires measures to curb privatization, which breeds exclusion and inequities and jeopardizes human development. Privatization impedes access to free basic education for the poor and marginalized; preventing this must be an overriding development concern, since education is a key instrument for ending poverty. The post-2015 development agenda should contain firm commitments by Governments to fostering social justice and equity and accordingly devise national implementation strategies for effectively regulating privatization in education. XIII. Conclusions and recommendations 111. Education is a fundamental human right and a core obligation of States. It is not a privilege of the rich and well-to-do, it is an inalienable right of every person. Principal responsibility for the direct provision of education lies with the State. However, education as a public function of States is being eroded by market-driven approaches and the rapid growth of private providers, with scant control by public authorities. Privatization negatively affects the right to education both as an entitlement and as empowerment. It breeds exclusion and marginalization, with crippling effects on the fundamental principle of equality of opportunity in education. It also entails disinvestment in public education. 112. Education benefits both the individual and the society and must be preserved as a public good; social interest in education must be protected against its commercialization. The corrosive impact of privatization on the right to education must receive foremost consideration in education laws and public policies. The commercialization of education should have no place in a country’s education system. 113. Guided by principles of social justice and equity, as well as human rights law, regulating private providers is essential to mitigate the potentially deleterious and negative effects on students, education systems and societies. In this, Governments can be inspired by numerous decisions by courts and emerging jurisprudence. 114. Bearing in mind the issues highlighted in the present report, the Special Rapporteur would like to offer the recommendations below. 80 81 Available from www.afdb.org/fileadmin/uploads/afdb/Documents/Publications/MDG_Report_2014 _11_2014.pdf. Available from http://globalinitiative-escr.org/wp-content/uploads/2014/11/141127_Statementprivatisation-AfDB.pdf. 21