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
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