A/HRC/45/10/Add.2 B. Recommendation on institutional framework RECOMMENDATION 3: “Clarify, in a transparent manner, the roles and responsibilities of institutional actors in the water and sanitation sector from all dimensions: vertically, among central, state, local and rural governments; and horizontally, among entities within the different tiers of government;” (A/HRC/39/55/Add.1, para. 71(c)) 11. The implementation and monitoring of water and sanitation policies and national budget allocation in India is complex with responsibility being shared among central and local governments and with different entities involved in rural and urban areas (A/HRC/39/55/Add.1, para. 10). The Special Rapporteur noted concerns over a lack of coordination and transparency regarding the responsibilities of different national, and local actors, as well a lack of organized accountability for violations and abuses of the human rights to water and sanitation (HRC/39/55/Add.1, paras. 15 and 16). 12. At the time of the visit, in 2017, the Ministry of Drinking Water and Sanitation was responsible for the rural component of India’s national policy on sanitation - Clean India Mission (also known as Swachh Bharat Mission), as well as the National Rural Water Drinking Programme. The Ministry of Housing and Urban Affairs was responsible for the urban component of the Clean India Mission, and for water provision in urban areas (A/HRC/39/55/Add.1, paras. 10 and 14). In May 2019, the Government integrated the Ministry of Water Resources, River Development and Ganga Rejuvenation and the Ministry of Drinking Water and Sanitation into the newly established Ministry of Jal Shakti, as separate departments. 13. Furthermore, despite the establishment of a new ministry, there still remains a need for the responsibility for water and sanitation provision to be further clarified from vertical and horizontal dimensions. Horizontally, it should be clarified that the institutions involved in the provision of water and sanitation are not limited to the Ministry of Jal Shakti and Ministry of Housing and Urban Affairs. Rather, there are other ministries responsible for the implementation of the human rights to water and sanitation including but not limited to those dealing with budget allocation. Vertically, there have been no changes on the way to clearly coordinate, communicate and define responsibilities of institutions from central, state, local and rural governments available to all rights-holders. 14. The Special Rapporteur reiterates that the Government should further clarify the roles and responsibilities of all actors involved in implementing the obligation to progressively realize the human rights to water and sanitation, and to make those information available and accessible to all. The Special Rapporteur expects that high priority will be given to the human rights to water and sanitation within the work of the Ministry of Jal Shakti, and that those rights play an important role as a cross-cutting issue under this new Ministry. PROGRESS ON-GOING: The Special Rapporteur notes the recent restructuring within the Government, namely, the establishment of the Ministry of Jal Shakti, and highlights that the Government should take measures and safeguards so that the provision of water and sanitation and the human rights to water and sanitation is not overshadowed in the entire integrated water resources management and is promoted in the coordination across the institutions responsible for the elements of affordability, quality and safety, acceptability as well as privacy and dignity of the human rights to water and sanitation. C. Recommendation on independent regulatory mechanism RECOMMENDATION 4: “Establish an independent regulatory mechanism with adequate financial and human resources to monitor the implementation of the human rights to water and sanitation, including all the normative content of those rights;” (A/HRC/39/55/Add.1, para. 71(d)) 4