Do these children - - - go to this school?

The views expressed in this presentation are the views of the

author(s) and do not necessarily reflect the views or policies of the
Asian Development Bank (ADB), or its Board of Directors or the
governments they represent. ADB does not guarantee the source,
originality, accuracy, completeness or reliability of any statement,
information, data, finding, interpretation, advice, opinion, or view
presented, nor does it make any representation concerning the
same.

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?
 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…”

UNICEF
Surabaya, April 2008
Disparities and the cycle of life...
Cambodia: VietNam: Timor Lao PDR: Mongolia:
Proportion of Birth Leste: Net primary Working
Quintiles (wealth) births attended regist- Measles school children
by skilled health ration immun- attendance (%)
personnel (%) (%) ization (%)
(%)

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: Exclusion Economic and
dimensions processes Legal tools
Form: Economic: Economic – Political
• income • unequal growth • PRSP-SWAp
• service access •income disparities • basic social service
• outcomes • user fees reduce access provision
• contracting NSPs
Frame: Socio-demographic: • social safety nets
• geographic • location
• urban-rural • discrimination Legal Action
• ethnic • access to information • legal reform and
• gender implementation
• vulnerability Legislation - Governance: • anti-discrimination
• multiple risk • corruption • birth registration
• implementation failure • legal representation
 Human rights obligations
of State’s to:
Respect Protect Fulfill

State refrains State prevents State adopts

from interfering others from appropriate
with the interfering with measures towards
enjoyment of enjoyment of full realization of
the right the right the right
More targets, more instruments…
Instruments: Solve through national development plan or by
creating and implementing legislation?
National development Legislation, policy
Targets: plan & finance & enforcement
Economic, social Iodine deficiency
Economic growth,
and human disease, breast milk
Key social services,
development substitutes, ARVs,
Employment
problems tax evasion
“New” development Gender equality, Corporal punishment
problems, seen Child friendly in schools,
through a human schools, Incarceration of
rights lens Child labour children with adults

UNICEF
Kathmandu, April 2007
The right to free & compulsory basic education
the Law affects the Economics
Parental Contributions Country Security of Right
8 7 6 5 4 3 2 1 Const. Legis. Policy
Cambodia
China
DPRK
Fiji
Indonesia
Lao PDR
Malaysia
Mongolia
Myanmar
PNG
Philippines
Timor-Leste
Thailand
Viet Nam
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
Beneficiary Incidence Analysis - Education
Share of public education spending by level and wealth
Viet Nam (1998) Thailand (2000)
• Primary school
Primary Secondary Primary Secondary expenditure is pro-
education education education education
poor.
Poorest 20% 26 8 21 15
Richest 20% 13 31 17 28
• Secondary school
Rich/Poor 0.50 3.80 0.8 1.9 expenditure is very
pro-rich.
< pro-Poor <- Neutral -> pro-Rich > >> very pro-Rich >>
0 1 2 3 4

VIET NAM • Does the latter

Neutral

Primary
matter?
Secondary
Expenditure

THAILAND

Primary 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

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

are markets, charities and

community organizations
useful supplements?
 0
25
50
75
100
Myanmar

Cambodia

Lao PDR

Vietnam

Papua New
Guinea

Mongolia

Indonesia

Philippines

Tonga

Samoa

Thailand

Marshall
Islands

Malaysia
2000

Cook Islands

Palau
Private expenditures on health:

Korea Rep
% of total in 2000 and 2004…

Brunei
2004

Australia

Japan
 0
25
50
75
100
Cambodia

Lao PDR

Viet Nam
Pre-primary

PNG

Mongolia
Primary

Indonesia

Philippines

Tonga

Samoa
Secondary

Thailand

Marshall
Islands

Malaysia

Cook Islands

Palau

Rep. of Korea

Brunei

New Zealand
Percent of students in private schools:

Australia
pre-school, primary, and secondary…

Japan
Unequal markets:
Prices of water from difference sources in Asian cities
Cost of water per cubic meter (US$)

Seoul
Mumbai
Kathmandu
Hanoi
Chonburi
Bangkok
Bangdung
0 5 10 15 20 25 30 35

House connections Public taps Water Vendors

Source: UN-HABITAT (2003)

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

- Deng Xiaoping

THANK YOU!!!
15
 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 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
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.
 Pro poor NSP Policy (cont’d)
• 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
 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;