A/HRC/6/3
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can maintain sustainable access to safe, sufficient, physically accessible and affordable water and
sanitation. The role of individuals in decision-making on who supplies water and sanitation
services, the type of services supplied and how these should be managed raises questions
concerning the right to take part in the conduct of public affairs and other rights, and is an
important element to take into account when making decisions on private sector delivery. Further
elaboration is needed regarding the human rights response and requirements concerning the
private provision of water and sanitation services and the type of regulatory system that States
must put in place in that respect.
D. Obligations of local authorities
54. Local authorities are often responsible for the supply of safe drinking water and sanitation.
Where safe drinking water and sanitation are provided at the local level, the WHO Guidelines
outline a certain number of responsibilities of local governments to secure water quality, notably
in relation to catchment inspection and consumer education.70 Local governments represented at
the Fourth World Water Forum in Mexico also recognized that all human beings have the right
to water in the quantity and quality required to meet their essential needs, as well as to
sanitation.71
55. Further clarification is needed regarding the role, responsibilities and specific obligations
of local authorities responsible for the provision of water and sanitation services. At the same
time, as the State remains accountable under international law, its specific responsibilities
vis-à-vis local authorities should also be further elaborated upon in the context of human rights
obligations in relation to access to safe drinking water and sanitation.
E. The question of disconnections and due process
56. Considering access to safe drinking water and sanitation from a human rights perspective
and its close nexus with the right to life, health, an adequate standard of living and the protection
of human dignity, implies a need for procedural safeguards in case of water and sanitation
disconnections.72
57. Procedures for the disconnection of water and sanitation services must comprise: (a) timely
and full disclosure of information on the proposed measures; (b) reasonable notice of the
proposed action; (c) legal recourse and remedies for those affected; (d) legal assistance for
70
Guidelines for Drinking-water Quality, pp. 11-12, WHO, available at:
http://www.who.int/water_sanitation_health/dwq/guidelines/en/.
71
Local government declaration on water on the occasion of the Fourth World Water Forum,
Mexico, 21 March 2006, available at: http://www.worldwaterforum4.org.mx/files/
Declaraciones/Local_Authorities.pdf.
72
This section refers to disconnections defined as the interruption of delivery due to
non-payment. It does not refer to disconnections due to the pollution of water sources or
emergencies.
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