A/HRC/45/10/Add.3 D. Recommendation on regulatory framework RECOMMENDATION 9: Establish a regulatory framework to regulate the provision of services, including those under the responsibility of local governments and of private informal service providers. (A/HRC/39/55/Add.2, para. 82(j)). 32. At the time of the visit, no regulatory framework regulating drinking water service provision was in place in Mongolia (A/HRC/39/55/Add.2, para. 55). The Special Rapporteur highlights that regulatory frameworks are essential for the implementation of the human rights to water and sanitation. Regulation plays a key role in monitoring service providers’ compliance with the normative content of the human rights to water and sanitation and in ensuring accountability (A/HRC/36/45, para. 87). 33. The Special Rapporteur notes that Article 161 of the amended Law on Water provides that the State Water Agency shall develop and monitor water use in the country, and establish a water use database. He notes that from the information available on the State Water Agency, its responsibility to monitor water use does not equate to a regulatory framework to regulate the provision of water and sanitation services. There is a need for the regulation of the provision of both water and sanitation and including both formal and informal services, in addition to a focus on water resources. 34. Together with the limited scope of the State Water Agency’s monitoring functions, another issue to raise is the independence of the State Water Agency, which will function under the Ministry of Tourism and Environment. As outlined in the Special Rapporteur’s report on service regulation, what is essential from a human rights perspective is that actors carrying out regulatory functions be immune to pressures from any illegitimate interests and that the main objectives of regulation be aligned with the water and sanitation human rights standards and principle (A/HRC/36/45, para. 87). As such, the Special Rapporteur recommends that the Government clarify how the State Water Agency will remain independent in its monitoring functions. PROGRESS LIMITED: The Special Rapporteur notes that the creation of the State Water Agency will coordinate the monitoring of water resources in Mongolia. He notes, however, that this monitoring function of the State Water Agency will not extend to both water and sanitation provisions, and that the monitoring of water resources does not fully satisfy the need for regulation within the context of the human rights to water and sanitation. He recommends that the Government assess the monitoring role of the State Water Agency to expand its monitoring scope. The Government should further take steps to enshrine the standards and principles of the human rights to water and sanitation into this monitoring and ensure the independence of this process from state or private interest. IV. Human rights to water and sanitation A. 1. Recommendation on accessibility and equality Recommendation on disparities in schools 35. During the visit, the Special Rapporteur observed disparities in water and sanitation provisions in schools. While nearly half the schools in Mongolia had indoor toilets, it remains a concern as to whether the schools are able to afford the fees to maintain them. It was explained to the Special Rapporteur that some schools lock the bathrooms during school hours, limiting access for students, to reduce the costs of maintaining the facilities (A/HRC/39/55/Add. 2, para. 31). In addition, the Special Rapporteur visited several dormitories in rural areas where students were able to access water, albeit cold, and toilets were in good shape. However, he also visited dormitories where students were using very unsafe external toilets without any access to water. For those students, dormitories are their main habitual residence and he, therefore, emphasized that the Government needs to address 11