A/HRC/15/31
potential discrimination in the targeting of subsidies. States have to provide “accessible,
affordable, timely and effective”45 remedies. Victims of violations are entitled to adequate
reparation, including restitution, compensation, satisfaction and/or guarantees of nonrepetition. While administrative remedies will be adequate in many cases, a right of judicial
appeal as a last resort is often appropriate and sometimes indispensable.46
V.
Conclusions and recommendations
61.
The independent expert considers that a more nuanced approach is needed in
the debate on the participation of non-State actors in water and services provision,
namely, one that overcomes the simplistic public vs. private debate and acknowledges
the existence of a wide variety of actors and arrangements for the delivery of water
and sanitation services. These are rarely exclusively public or private, and they also
involve both the formal and informal sectors.
62.
In the present report, the independent expert has focused on the role of nonState service providers. Recognizing that service provision is an essential component
of the realization of the rights to water and sanitation, she intends to continue working
on this issue. For instance, she considers that instruments for the delegation of service
provision such as contracts and mandates of State-owned companies would benefit
from a human rights analysis. In that context, she notes with interest the work the
Special Representative of the Secretary-General on the issue of human rights and
transnational corporations and other business enterprises is undertaking in the area
of responsible contracting.
63.
The human rights framework does not call for any particular form of service
provision. It is well established that, from a human rights perspective, States can opt
to involve non-State actors in sanitation and water services provision. But the State
cannot exempt itself from its human rights obligations and hence remains the primary
duty-bearer. Therefore, also when involving other actors in services provision, the role
of the State is crucial. The obligations of States and the responsibilities of non-State
actors are complementary. The latter can and should support the State in the
realization of human rights. In line with these conclusions, the independent expert
offers the following recommendations:
(a)
States must develop a national plan, including legislation and other
appropriate measures, to progressively achieve the full realization of the rights to
water and sanitation, including in currently unserved and underserved areas,
independent of the modalities of the service provision chosen. These measures should
be based on the explicit recognition of the rights to water and sanitation;
(b)
States must not discriminate (de jure or de facto) against any groups or
individuals in the provision of services, but rather adopt targeted measures to reach
the most marginalized;
(c)
Regardless of its modalities, the decision of the State to delegate or not
delegate service provision must be taken in a democratic and participatory process.
All those concerned must be enabled to participate throughout the process and to
monitor, evaluate and report on possible human rights abuses. Participation has to be
45
46
20
Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the domestic
application of the Covenant, para. 9.
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents