A/HRC/15/31
contract duration.10 For instance, while the model of concessions confers the management,
risk and responsibility for investment on the private sector, private sector participation can
also be limited to contracting out some aspects of management or service provision. In
many cases, the system cannot be designated as exclusively public or private but instead
takes on a hybrid nature, also in the form of joint ventures. The oft-used term
“privatization” obscures the fact that full-scale privatization, that is, divestiture including
the transfer of assets, is a rare exception rather than the norm.11 To avoid imprecision and
confusion, the independent expert will not use the term, but will rather mention private
sector participation when referring specifically to the private sector.
10.
State-owned companies also play an increasingly significant role in service
provision, both in their home States as well as abroad.12 Such companies are fully or
predominantly owned by the State, are often incorporated under private law and often
operate on a commercial basis. While they are owned by the State, they are distinct legal
entities from the State as such. Therefore, they are considered here as non-State actors to
which service provision is delegated (often through a legislative act or a contract), and
many of the same issues as in the context of private sector participation arise.
B.
Informal provision
11.
Compared to the formal private sector, many more people are served by informal
small-scale providers. It has been estimated that up to 25 per cent of the urban population in
Latin America and almost 50 per cent of the urban population in Africa rely on small-scale
providers to some extent.13 Apart from unprotected sources, such as rivers, poor households
rely on a variety of private water vendors such as water truck, standpipe and kiosk
operators and small-scale water delivery services, which often – although not always –
operate on an informal basis. When other sources are unsafe, people also often depend on
bottled water in particular for drinking purposes. Even more so than in the water sector,
small-scale local entrepreneurs are of enormous significance in the provision of sanitation
services. Sanitation for low-income households is often provided on site and multiple actors
are involved, with activities ranging from constructing, maintaining and emptying latrines
and septic tanks to managing public facilities and selling related products such as cleaners
and soap.
12.
Finally, NGOs and community-based organizations are also taking on an
increasingly important role in service provision, stepping in where the State is not involved
in such activities. While their motivation may be different, as they often operate on a notfor-profit basis, many of the same issues arise in that context, for instance how to apply
consistent standards for the quality of services and how to ensure that organizations are
accountable to the people they serve.
13.
To a large extent, the debate has focused on the relative advantages and
disadvantages of formal public or private provision, too often losing sight of this de facto
10
11
12
13
6
On the different models of private sector participation, see OECD, Private Sector Participation, pp.
17-18.
A few areas of the United Kingdom of Great Britain and Northern Ireland as well as some cities in
Chile are the only places where this model has been chosen. See Gunatilake and Carangal-San Jose,
“Privatization revisited”, p. 8.
Marin, Public-Private Partnerships, pp. 10-11.
Mukami Kariuki and Jordan Schwartz, “Small-scale private service providers of water supply and
electricity: a review of incidence, structure, pricing and operating characteristics”, Policy Research
Working Paper, No. 3727 (Washington, D.C., World Bank, 2005), p. 6.
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