A/HRC/15/31 I. Introduction 1. The present report is submitted by the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation in accordance with Human Rights Council resolution 7/22, which tasks her with further clarifying “the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation”. She focused the second year of her mandate on clarifying the human rights obligations and responsibilities in the context of the participation of non-State service providers in water and sanitation service delivery. This includes both formal and informal private sector participation, but also extends to a multitude of other non-State actors. 2. The independent expert decided to do so for two main reasons. First, in the 2007 report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, the High Commissioner noted that, inter alia, “further elaboration is needed regarding the human rights response and requirements concerning the private provision of water and sanitation services” (A/HRC/6/3, para. 53). Moreover, since she took up her mandate, the independent expert has noted that there is, on the part of various stakeholders, a constant interest and curiosity in a human rights analysis of private sector participation. While the debate surrounding private sector participation has often been polarizing, the independent expert observes that concrete situations are rarely “black or white”, but instead are characterized by varying shades of grey. In carrying out this research, she noted that serious misconceptions exist about both the factual situation and the role and implications of human rights. These misconceptions relate, for instance, to the actual extent of private sector participation and the multitude of non-State actors who are involved in water and sanitation service provision. Therefore, she broadened the subject matter of her analysis, acknowledging that the formal private sector represents only a small fraction of actors involved in service provision. In the present report the independent expert aims to clarify these issues and to apply and specify the human rights obligations of States and the responsibilities of nonState actors in the context of non-State actor involvement in service provision. 3. To approach this task, the independent expert engaged in wide consultative processes. At one expert consultation, jointly organized with the Friedrich Ebert Foundation and held in Geneva in January 2010, participants discussed the human rights obligations of States in the context of the involvement of non-State service providers. A second consultation, held in Lisbon in April 2010, focused on the responsibilities of service providers in terms of human rights. Both consultations brought together experts from different backgrounds, such as civil society, State-owned and private companies, water and sanitation regulators, academia and international organizations, and presented an opportunity to benefit from the diverse experience of people who work in the sector. The independent expert also convened a public consultation in Geneva on 27 January 2010, in which several representatives of States Members of the United Nations, civil society, the private sector and academia participated. Lastly, she received 65 written contributions: 24 submissions from States, 4 from regulators, 2 from municipalities, 13 from civil society, 1 from a national human rights institution, 12 representing private sector interests and 9 from individuals. The in-depth discussions and various perspectives have provided valuable assistance and guidance to the independent expert in preparing the present report and she is very grateful to all those who contributed. 3