A/HRC/36/45 operated or controlled by third parties, States must prevent them from compromising equal, affordable and physical access to sufficient, safe and acceptable water. 36 In such cases, the Committee on Economic, Social and Cultural Rights advises that an effective regulatory system must be established. It is important, in these situations, that regulatory instruments and the institutional set-up chosen be adapted to the nature of small-scale service provision. 73. The State of Palestine reports that in its territory informal providers are not only present but are essential to ensure some communities’ access to water. This delivery is the only effective option for many communities, hence it is considered a public service. Currently, different governmental institutions are collaborating in order to ensure regulation and supervision of these informal providers. Efforts are being made to license and certify them. The Government’s long-term strategy is to fully connect local communities to public water distribution networks, but in the short term the strategy is to regulate this service and facilitate the mutual support between the local communities and informal service providers. 74. In Kenya, on the other hand, the regulatory framework does not apply to water providers who supply fewer than 20 households or less than 25 cubic metres of water per day for domestic use. These providers are currently outside the regulated tariff structure and the system of regular quality inspections. 37 The Government’s position is that in the long term, informal service providers should be linked to the formal system, and should comply with official tariffs and quality standards. In the short term, the Government tolerates informal provision but does not regulate it. 75. Whether States decide to aim for regulation, or to use incentives for the provision of quality services at affordable prices, or to phase out small-scale providers in the long term and replace them with formal provision, it is essential that they do not worsen the situation and leave people without access to services (see A/HRC/15/31, para. 53). In particular, when granting exclusivity to formal providers extending into areas that have previously been served by small-scale providers, States must ensure that connection to a piped network is actually an affordable alternative. In these situations, affordability studies should be carried out by regulatory actors in order to avoid retrogression. 76. The regulation of water and sanitation services (or the lack thereof) in rural areas is similarly challenging. Rural water supplies are often managed by local community organizations or members, untrained and unpaid, and it is argued by some that they would benefit from provision of training, resources, and assistance, rather than regulatory enforcement.38 However, these two measures are not incompatible and it is a question for governments to balance support for communities with regulation. 77. The WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation 2015 update shows that 70 per cent of people who do not use improved sanitation facilities, and 90 per cent of people who practise open defecation, live in rural areas. From a regulatory perspective, rural sanitation is a major challenge, as the need for safe sanitation is often not recognized. The construction and maintenance of latrines is often neglected, partly due to the taboo surrounding sanitation. Often, the vast majority of sanitation solutions are not regulated, managed or monitored by any State body (see A/HRC/33/49/Add.2, para. 14). The recognition of sanitation as a distinct right by the General Assembly and by the Human Rights Council warrants its political prioritization by States and the creation of an enabling environment for its progressive realization, including through the establishment of appropriate regulatory frameworks, adapted to local circumstances, that address the individual dignity and public health dimensions of this right. 36 37 38 See Committee on Economic, Social and Cultural Rights general comment No. 15, para. 24. United Nations Development Programme, Small-scale Water Providers in Kenya: Pioneers or Predators? (2011), p. 29. WHO, Water Safety Planning for Small Community Water Supplies: Step-by-step Risk Management Guidance for Drinking-water Supplies in Small Communities (2012). 17