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?

UNICEFSurabaya, 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…”

Disparities and the cycle of life...

Quintiles (wealth)

Cambodia: Proportion of

births attended by skilled health personnel (%)

VietNam: Birth

regist-ration (%)

Timor Leste:

Measles immun-ization

(%)

Lao PDR: Net primary

school attendance

(%)

Mongolia: Working children

(%)

Poorest 21 49 13 45 30 Second 29 72 21 62 20 Middle 40 76 20 68 15 Forth 62 87 37 70 14 Richest 90 97 51 71 7 Ratio: Rich/Poor 4.2 2 4 1.6 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

UNICEFKathmandu, April 2007

More targets, more instruments…

Instruments: Solve through national development plan or by creating and implementing legislation?

Targets:National development

plan & financeLegislation, 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

The right to free & compulsory basic education

the Law affects the Economics

Country8 7 6 5 4 3 2 1

Cambodia

China

DPRK

Fiji

Indonesia

Lao PDR

Malaysia

Mongolia

Myanmar

PNG

Philippines

Timor-Leste

Thailand

Viet Nam

Parental Contributions Security of Right Const. Legis. Policy

State Obligations: Implications for NSPsArticle 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

Beneficiary Incidence Analysis - Education

• Primary school expenditure is pro-poor.

• Secondary school expenditure is very pro-rich.

• Does the latter matter?

0 1 2 3 4

VIET NAM

Primary

Secondary

THAILAND

Primary

Secondary

< pro-Poor <- Neutral -> pro-Rich > >> very pro-Rich >>

Neu

tral E

xp

en

ditu

re

Source: Sinnathambu A. ‘Equity in Public Financing for Basic Education: Evidence from Thailand’, Proceeding of the 5th Int’l Conference on Education, AT.I.E.R, Greece, 2003., pp. 14-32

Share of public education spending by level and wealth

Viet Nam (1998) Thailand (2000)

Primary

education Secondary education

Primary education

Secondary education

Poorest 20% 26 8 21 15

Richest 20% 13 31 17 28

Rich/Poor 0.50 3.80 0.8 1.9

If there is continued “State failure” to provide for the poor,

are markets, charities and community organizations useful supplements?

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

0

25

50

75

100

Mya

nmar

Cam

bodi

a

Lao

PD

R

Vie

tnam

Pap

ua N

ewG

uine

a

Mon

golia

Indo

nesi

a

Phi

lippi

nes

Tong

a

Sam

oa

Thai

land

Mar

shal

lIs

land

s

Mal

aysi

a

Coo

k Is

land

s

Pal

au

Kor

ea R

ep

Bru

nei

Aus

tral

ia

Japa

n

2000 2004

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

0

25

50

75

100

Cam

bodi

a

Lao

PD

R

Vie

t Nam PN

G

Mon

golia

Indo

nesi

a

Phi

lippi

nes

Tong

a

Sam

oa

Thai

land

Mar

shal

lIs

land

s

Mal

aysi

a

Coo

k Is

land

s

Pal

au

Rep

. of K

orea

Bru

nei

New

Zea

land

Aus

tral

ia

Japa

n

Pre-primary Primary Secondary

Unequal markets:Prices of water from difference sources in Asian cities

Source: UN-HABITAT (2003)

Cost of water per cubic meter (US$)

0 5 10 15 20 25 30 35

Bangdung

Bangkok

Chonburi

Hanoi

Kathmandu

Mumbai

Seoul

House connections Public taps Water Vendors

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 children’s rights– And what is feasible according to sound economic

analysis

15

“It doesn’t matter if a cat is black or white, as long as it catches mice.”

- Deng Xiaoping

THANK YOU!!!

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.

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!

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.

Examples of PPP Legal FrameworksVietnam: 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

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.

•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 (cont’d)

Where are we now? 2008 and ongoing:Pilot Workshop in Mongolia: with CO, EAPRO, UNDP, UNESCAP and President’s 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 WBI’s 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;