A/HRC/45/11 rights. Explicit inclusion of the human rights to water and sanitation in national legislation is essential to assist individuals and groups in claiming those rights and to hold Governments accountable.55 44. In the report, the Special Rapporteur unfolded the principle of accountability taking into account the complexity of actors in the water and sanitation sector. The specificities of the sector imply that the traditional State-centred human rights framework leaves gaps in the existing accountability mechanisms with respect to holding actors other than States accountable. When the rights to water and sanitation are affected, it is not always clear to whom related action may be attributed, why such action was taken, how sanctions may be enforced against those who caused harm or how to remedy the situation. Furthermore, globalization and the neoliberal wave have weakened the role of the State in the provision and regulation of water and sanitation services, and the imbalance of power has at times affected the exercise of the human rights to water and sanitation. This raises questions as to the effective regulation of private service providers and, in turn, poses challenges to accountability mechanisms, especially considering that those services are provided through a system of natural monopoly, with usually only one provider for a given territory. Another unique feature of the water and sanitation sector is the widespread presence of informal service providers that are not regulated and operate without a licence and that, as a result, may not be held accountable. Against this backdrop, the Special Rapporteur addressed the concept of accountability through a three-dimensional approach: actors involved in the provision and regulation of water and sanitation services must have clearly defined responsibilities and performance standards; actors must provide explanations for and justification of their actions, inaction and decisions to affected populations (roles and responsibilities), which implies access to information in a transparent manner and spaces for interaction between actors and affected people (answerability); and mechanisms should be in place to oversee and ensure actors’ compliance with established standards, impose sanctions and ensure that corrective and remedial action is taken (enforceability). 2. Progress since 2010 45. The criteria to assess progress made followed the three dimensions of accountability illustrated in the Special Rapporteur’s above-mentioned report: roles and responsibility; answerability and enforceability. 46. There are various examples of legal frameworks clarifying the roles and responsibilities of existing actors involved in water and sanitation services provision. In the Plurinational State of Bolivia, for example, Law No. 2066 of 2000 defines the attributions and obligations of the different actors of the sector, including public institutions (the Ministry of Housing and Basic Services, the Ministry of Sustainable Development and Planning, department prefectures and municipalities), the regulator (the Office of the Superintendent of Basic Sanitation) and service providers, both public and private. 56 For instance, among its roles, the Ministry of Housing and Basic Services is in charge of formulating and implementing policies for service provision, setting the regulatory framework and formulating financial policies for the development and sustainability of services. In Slovakia, Act No. 442 of 2002 outlines the rights and obligations of the public administrative bodies in the area of water supply and sewerage, including the Ministry of Environment, district offices and municipalities.57 47. As for enhancing the dimension of answerability, in the Plurinational State of Bolivia, there is a procedure for public oversight, applicable to all public authorities, including those dedicated to water and sanitation service provision, to ensure answerability to citizens.58 According to this process, public authorities are required (at least twice a year) to gather information on their plans and actions, and present it to civil society in a series of public hearings. Such hearings are intended to facilitate dialogue between civil society and public authorities, especially regarding the evaluation of results and the recommendation of future priorities. In other countries, steps have been taken to establish an enabling 55 56 57 58 14 A/HRC/30/39/Add.1, para. 7. See also the submission from the Plurinational State of Bolivia. See also the submission from Slovakia. Submission from the Plurinational State of Bolivia.

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