A/HRC/7/5
page 18
countries by IMF and the World Bank. Just three companies, Veolia Environnement, formerly
Vivendi Environnement, Suez Lyonnaise des Eaux and Bechtel (USA), control a majority of
private concessions worldwide.
46. Recent evidence on water privatization suggests that, while in some cases it can bring
increased efficiency, it often means higher prices, which the poorest cannot afford. The case of
Cochabamba, Bolivia, is now famous.43 A study on the privatization of water services in
Manila44 shows some positive effects, with an additional 1 million connected to the network
between 1997 and 2003, but the price also rose by 425 per cent, making such services too
expensive for the poor. The study suggests that the poorest are doubly discriminated against
because prices are highest in the poorest communities and water quality has deteriorated rapidly
in the poorest parts of the city. The study concluded that there was no independent mechanism
for accountability and that affected populations were not able to participate in the process. The
same conclusions have been put forward by WaterAid and Tearfund, in a study funded by the
Government of the United Kingdom on the effects of water privatization in 10 developing
countries.45
47. Despite the fact that the transnational corporations increasingly control our food and water
system, there are still relatively few mechanisms in place to ensure that they respect standards
and do not violate human rights. Former Secretary-General Boutros Boutros-Ghali noted in 1996
that the global reach of TNCs was not matched by a coherent global system of accountability.
48. In many cases, transnational corporations have voluntarily chosen to abide by human rights
standards, adopting internal policies and codes of conduct. Nestlé is a case in point. But several
NGOs have raised concerns that Nestlé dominates the market for breastmilk substitutes in many
countries while its marketing practices violate the internationally agreed International Code of
Marketing of Breast-milk Substitutes.46 United Nations agencies, including the United Nations
Children’s Fund (UNICEF), have expressed similar preoccupations.47
49. Major intergovernmental instruments which apply to the activities of private transnational
corporations include the OECD Guidelines, under which all adhering Governments (the OECD
member States and Argentina, Brazil and Chile) are obliged to establish national contact points
43
See A/58/330, para. 36.
44
N. Roseman, “The human right to water under the conditions of trade liberalisation
and privatisation - a study on the privatisation of water supply and wastewater disposal in
Manila”, 2003.
45
E. Gutierrez, B. Calaguas, J. Green and V. Roaf, “New rules, new roles: does private sector
participation benefit the poor?”, 2003.
46
47
www.ibfan.org.
S. Lewis, “Malnutrition as a human rights violation”, ACC/SCN, SCN News,
No. 18, 1999.
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