A/HRC/15/31 providers will not extend services to unserved or underserved areas unless explicitly mandated to do so in their contracts. 40. It is therefore the Government that has the power and obligation to resist the temptation of investing in and prioritizing only neighbourhoods where interventions are less expensive and complex. The State has the ultimate obligation to realize the rights to sanitation and water for all, including the poorest in society. It must not discriminate against people living in certain areas, but rather must pay specific attention to the most marginalized. To that end, it must develop a comprehensive and coherent approach that may or may not involve non-State actors in the provision of services to currently unserved and underserved areas. When involving private actors, the Government must carefully consider where it contracts for private sector participation, what coverage is to be achieved in the designated areas and what service levels have to be met, and negotiate the contract accordingly. Like any other instrument delegating service provision, the contract should include clear goals, such the targets to be reached, investment levels and pricing arrangements. The State also has to consider what additional measures are necessary in terms of subsidies and other instruments, which will be further discussed below. 41. The lack of security of tenure, in particular in informal settlements, is one of the critical underlying issues in this context. Utility networks often do not extend to informal settlements, while currently more than one billion people live in unauthorized urban and peri-urban areas.34 Service providers often do not extend services to these areas due to the lack of legal tenure. At the same time, people themselves do not have a strong incentive for investing in ensuring access to water and sanitation in their homes when they face the constant threat of forced eviction. Appropriate measures by the State to facilitate provision will depend on the local context and might include steps to formalize the legal status of settlements, guarantees that people will not be forcibly evicted, the provision of financial assurances, and, in some circumstances, resettlement to an alternative area as long as human rights standards are respected.35 Where the issue of the lack of security of tenure has not yet been resolved, States should at least take measures to ensure that the informal service provision that often prevails in such areas meets minimum human rights standards, as further outlined below, or that innovative solutions to providing formal services are implemented. 42. In cases where services are provided to previously unserved or underserved areas, the role of the water and sanitation service providers in contributing to the progressive realization of human rights becomes particularly obvious. Given that intrinsic link to the fulfilment of human rights, exercising due diligence to become aware of and address potential negative impacts is particularly important. That responsibility extends to detecting (de facto) discrimination, for instance where the scope of delegation excludes certain areas such as slums. What can reasonably be expected from non-State service providers depends on the context and the scale of operation. For instance, when becoming aware that certain targeted areas within or next to its area of operation are excluded from its contract, service providers should inquire about the broader Government strategy to determine whether these areas are provided with services by other operators. They should raise concerns about limited coverage with the State and engage proactively in order to avoid and address policies that would amount to discrimination. 34 35 14 United Nations Development Programme, Human Development Report 2006 (see footnote 14 above), p. 86. Centre on Housing Rights and Evictions, Manual on the Right to Water and Sanitation (Geneva, 2008), p. 126.