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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