A/HRC/45/10/Add.2 B. Recommendation on monitoring informal service providers RECOMMENDATION 7: “Monitor compliance with the human rights to safe drinking water and sanitation at all levels of the government and by formal and informal service providers;” (A/HRC/39/55, Add.1, para. 71(f)) 30. At the time of the visit, the Special Rapporteur noted that place of residence constitutes a crucial indicator for predicting where or why people have lower quality access to adequate water and sanitation services. In the context of India, discrimination based on place of residence has critical relevance due to the large proportion of slums and the homeless population (A/HRC/39/55, paras. 62 – 69). He witnessed several situations where individual users were forced to rely on informal providers who sold water at a price that was much higher than that of formal provision. 31. The Government’s approach to informal provision in the Clean India Mission - Phase II, announced in 2020, is focused on replacing informal waste management services with formal services.11 The Special Rapporteur cautions the Government that formalization and regulation of informal service provision, while is a welcomed measure, must pay due attention to the impact of this process on levels of access, affordability and quality of service provision. Where States seek to replace informal service provision with formal providers, they must ensure that people can actually afford these alternatives and do not experience retrogression in the realization of their human rights (A/HRC/30/39, para. 79). 32. Under the Jal Jeevan Mission (JJM), informal water services particularly in slums or non-recognized settlements are not addressed. The JJM is focused on a large-scale widening of the coverage of formal networked provision, either through piped connections formal delivery.12 Given the large proportion of slums and the homeless population in India, the Special Rapporteur raises concern that the JJM would fail to address those population who are “off the grid”. PROGRESS LIMITED: The Special Rapporteur strongly recommends that the Government formulate clear and official plans to supplement the efforts made under the Clean India Mission and Jal Jeevan Mission to formalize water and sanitation provisions. He reminds that efforts should be made to monitor existing informal provisions, with a view to protecting the human rights to water and sanitation of users who remain outside of formal networked provisions. C. Recommendation on reconciling access to water and sanitation facilities with the obligations to respect and protect human rights RECOMMENDATION 8: “Reconcile the efforts to achieve open-defecation-free status with the obligations to uphold the dignity of all persons and not to violate other fundamental rights;” (A/HRC/39/55, Add.1, para. 71(g)) RECOMMENDATION 9: “Maintain a strong surveillance system to identify, monitor and prevent aggressive and abusive practices, such as coercion, shaming, violence or punishment, in the effort to eliminate open defecation in the country;” (A/HRC/39/55, Add.1, para. 71(m)) 33. Despite the progress made under the Clean India Mission, the Special Rapporteur expressed particular concern about possible gaps between the formulation of the programme and the way it has been implemented (A/HRC/39/55/Add.1, para. 16). During the visit, the Special Rapporteur heard from several testimonies that, in the interest of achieving the targets and obtaining the corresponding rewards, people were coerced to, on the one hand, construct 11 12 8 Operational Guidelines of SBM-G Phase II (2020), 26. Jal Jeevan Mission Operational Guidelines (2019), 12.