A/HRC/15/31
In this regard, their activities are intrinsically linked to the realization of human rights, and
therefore they need to observe particular requirements in exercising due diligence.
IV.
Main challenges from a human rights perspective
29.
From a human rights perspective, it is imperative to determine whether service
delivery contributes to or undermines the realization of human rights. Therefore, the
provision of services must be assessed against the standard of the human rights to sanitation
and water. While all aspects of these rights, that is, availability, safety, acceptability,
accessibility, affordability, participation, non-discrimination and accountability,28 have to
be met, some will become more relevant than others in the following discussion.
30.
The challenges in the water and sanitation sector are huge. Many of these challenges
are faced by all service providers, State and non-State, and thus this analysis may be
relevant in a broader context. However, the present section retains a specific focus on
situations where non-State service providers are involved, clarifying the obligations of
States and the responsibilities of non-State actors in this context, since the human rights
analysis changes when non-State actors become involved. By identifying the challenges in
the context of water and sanitation service provision, it is hoped that concrete and practical
guidance may be offered to States and service providers alike. Against the standard of the
human rights to water and sanitation, a number of such challenges can be identified,
including:
• Guaranteeing transparent and democratic decision-making
• Addressing power asymmetries in the bidding and negotiation process
• Reaching the poorest and most marginalized
• Ensuring affordable services
• Avoiding disconnections in cases of inability to pay
• Ensuring the quality of services
• Ensuring regulatory capacity and enforcement
• Ensuring monitoring and follow-up capacity
• Establishing effective complaint mechanisms
• Addressing corruption
31.
These challenges can be encountered at various stages of engagement with non-State
service providers. Human rights have to be protected before and throughout the process,
requiring a constant assessment, both by States and service providers, of whether the
measures taken contribute to the realization of human rights. In the present section, both
State obligations and the responsibilities of non-State actors will be addressed in relation to
the challenges encountered. Starting with the decision to delegate service provision, the
independent expert highlights questions regarding participatory and transparent processes,
instruments for delegation and human rights impact assessments. She specifically addresses
provision of services to previously unserved and underserved areas. In the operation of
services, it is observed that regulation is essential, but often not sufficient to meet the
standards of the human rights to water and sanitation and must be complemented by social
28
Committee on Economic, Social and Cultural Rights, general comment No. 15, para. 12;
A/HRC/12/24, paras. 69-80.
11
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