A/HRC/45/10/Add.3 C. Recommendation on accountability mechanisms RECOMMENDATION 8: Establish accountability mechanisms to monitor the compliance of the relevant governmental institutions and informal service providers with established standards and impose sanctions, and ensure that corrective and remedial action is taken.” (A/HRC/39/55/Add.2, para. 82(c)(v)). 27. The Special Rapporteur expressed concern that responsibility of providing water and sanitation services was scattered among numerous governmental bodies and institutions, which prevented individuals from effectively holding the Government accountable for its human rights obligations (A/HRC/39/55/Add.2, para. 23). He emphasized that mechanisms should be in place to monitor compliance with established standards, impose sanctions and ensure that corrective and remedial actions are taken (A/HRC/39/55/Add.2, para. 16). 28. In his 2018 report on accountability, the Special Rapporteur outlines three dimensions of ensuring accountability. First, the need for actors involved in the provision and regulation of water and sanitation service to act with clearly defined responsibilities and performance standards; second, the need for actors to be answerable to affected people and groups for their actions and decisions, ensuring transparency and participation in their decision-making; third, the need for mechanisms to ensure actor’s compliance with established standards, impose sanctions and ensure that corrective and remedial action is taken (A/73/163, para. 10). 29. Addressing the first dimension of accountability - the need for clearly defined roles, responsibility and standards - the new State Water Agency provides an opportunity for the Government to clearly define administrative responsibilities and standards for water provision in Mongolia. According to the amended Law on Water, the State Water Agency will be responsible for creating and organizing the implementation of a water resources management plan. The Special Rapporteur encourages the Government to include clearly defined roles and responsibilities of all actors, including local government as well as service providers in this plan. He also notes that a water resources management plan does not necessarily fulfil the human rights to water and sanitation, unless provisions to ensure the availability, accessibility, affordability, quality and acceptability of water and sanitation services are included. In order to ensure the first dimension of accountability, he emphasizes that the roles and responsibilities of the State Water Agency should be clearly defined and in line with the human rights obligations. 30. In order to address the second dimension of accountability, the functions of the State Water Agency should be organized and conducted in accordance with the human rights principles of transparency, access to information, and participation. Information on its operations should be accessible to the public in clear and understandable language and the ability to answer requests and clarifications should be improved. 31. The third dimension of accountability involves the need for mechanisms to impose sanctions, and ensure remedial action. At the time of the visit, as the human rights to water and sanitation were not explicitly recognized in the Constitution, the Constitutional Court did not have the jurisdiction to adjudicate cases and issues as a violation of the human rights to water and sanitation, including disconnection (A/HRC/39/55/Add. 2, para. 17). While the Special Rapporteur notes the Amendments to the Constitution (2019), in particular Article 6.2 (see recommendation 1, above), he raises doubts as to whether the Constitutional Court of Mongolia will consider this as a basis to adjudicate issues related to violations and abuse of the human rights to water and sanitation. PROGRESS LIMITED: The Special Rapporteur notes that there remains a need for specific, purposeful action to be taken by the Government to specifically address accountability in the water and sanitation sector, particularly through the clarification of roles and responsibilities as part of the establishment of the new State Water Agency, and through ensuring the justiciability of the human rights to water and sanitation. 10