A/HRC/36/45
3.
Regulatory bodies
78.
Compared to other areas of regulation, water and sanitation regulation is
characterized by the fact that the regulated services relate directly to the fulfilment of
human rights. While water and sanitation regulatory bodies are well positioned to
contribute to the progressive realization of the rights to water and sanitation, their activities,
whether through their regulations and decisions or through failure to live up to their
mandate, can also potentially result in breaches of these rights. In their plans and activity
reports, regulatory bodies should provide clear and relevant information on their policies,
procedures and activities and indicate how they contribute to meeting human rights
standards progressively.
79.
Regulatory bodies’ activities should be controlled and monitored by different
entities, such as user councils, parliamentary committees or courts of auditors. For example,
in early 2014, the Portuguese Court of Auditors released a report on the audit of the
regulation and management of water service concessions and public-private partnerships.
The Court’s audit examined the activity of the Water and Waste Services Regulatory
Authority as the regulator of such concessions, identified the processes of contract revision,
identified public spending involved in each concession and examined the effectiveness of
concessions in terms of the quality of services (see A/HRC/36/45/Add.1, para. 39). Its main
conclusions show that the majority of concessions consistently benefited the private sector
to the detriment of municipal budgets and of affordability of services for users (see
A/HRC/36/45/Add.1, paras. 39 and 40).
C.
Ensuring accountability
80.
Accountability at the national level can be achieved through administrative, quasijudicial and judicial mechanisms. Mechanisms can be based at the level of the service
provider or at the level of the State. For example, when a complaint is not resolved at the
level of the service provider, individuals should have the right to address their complaint to
an administrative mechanism such as a regulatory body.
81.
Regulatory actors play a key role in ensuring service providers’ accountability for
non-compliance with the human rights to water and sanitation. To ensure accountability,
regulatory frameworks must clearly define the roles and responsibilities of all stakeholders
involved in service provision and provide clear and accessible information on the complaint
mechanisms available at different levels. A growing number of independent regulatory
bodies have complaint mechanisms for the resolution of disputes between service providers
and users.
82.
In the resolution of complaints against services providers, regulatory actors must
ensure that any action that interferes with an individual’s enjoyment of the rights to water
and sanitation is preceded by an opportunity for genuine consultation with the individual
affected, the timely and full disclosure of information on the proposed measures, reasonable
notice of proposed actions, legal recourse and remedies for the individual affected, and
legal assistance for obtaining legal remedies. 39
83.
The regulatory body must also be endowed with the power to enforce existing
regulations and contractual agreements. Mechanisms for contract enforcement must include
adequate incentives, penalties for non-compliance, such as fines, and the possibility of
revocation of the contract (see A/HRC/15/31, para. 52).
84.
In countries where no separate regulatory mechanism exists, but where national
human rights institutions or ombudspersons’ offices are present, individuals may resort to
these independent bodies for redress when their human rights to water and sanitation have
been compromised by a service provider. Accountability can be provided by these quasijudicial bodies, whose mandate often includes handling human rights complaints.
39
18
See Committee on Economic, Social and Cultural Rights general comment No. 15, para. 56.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents