A/HRC/41/37 mainstream public education to set a timeline for the continuous improvement of such standards and the formalization of the schools concerned within a short time. 88. The Special Rapporteur encourages States to provide the necessary resources to enforce their education regulations, in particular for commercial actors. Donor States must absolutely refrain from intervening in any way to defend such commercial actors, including those based on their territory, at the expense of the right to education. Accountability and remedies 89. In implementing the Abidjan Principles, States should be mindful of setting an accountability framework that is aligned with human rights, in accordance with Overarching Principle 7. There must be judicial and non-judicial complaint mechanisms for both public education and private involvement in education. 90. Effective monitoring mechanisms must be in place and must be adequately resourced to assess both the impact of each institution and the systemic effect of private instructional educational institutions in the short and long term, looking at the actual and potential impact on the right to education (Guiding Principle 85). Monitoring should not be a mere procedural exercise. The results must be made public and used by all relevant government entities, including the authorities at the relevant level and the Ministry of Finance, to reform policies. Private-public partnerships 91. The Special Rapporteur considers that Sustainable Development Goal 17 should be implemented in accordance with the specificities of each of the areas of the Sustainable Development Goals. With regard to education, the Special Rapporteur emphasizes that public-private partnerships in education that focus on involving private actors for service delivery have empirically largely failed, in particular in fragile countries. States must prioritize the funding and provision of free, quality, public education and may only fund private instructional educational institutions if they comply with human rights and observe all the substantive, procedural and operative requirements required by human rights law, as explained in overarching Principle 5. 92. Should States need additional financial or technical support, the Special Rapporteur recommends that instead of focusing on school provision, States consider partnerships that focus on the promotion of teacher training, capacity-building at the public administration level, support services for schools, or family engagement in education. Such partnerships should take place with non-commercial actors, such as universities and education research centres, community organizations and local or international NGOs. 93. Where partnerships include the provision of private resources to public institutions, such partnerships should meet the criteria set out in Guiding Principles 39–41. While private resources, whether financial or technical, providing support to Governments appears to be a positive step, it also carries the risk that private actors unduly influence the education curriculum and governance. 94. States should ban commercial advertising and marketing in public and private instructional educational institutions and ensure that curricula and pedagogical methods and practices are not influenced by commercial interests (Guiding Principle 59). Donors and partners 95. Public money that is allocated through international cooperation should be exclusively used to build and strengthen free, quality and inclusive public education systems, in consultation with the rights holders concerned and in partnership with the recipient country. Member States and multilateral institutions, such as the Global 18

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