A/HRC/25/27
IV.
Major public service challenges that affect human rights
A.
Organization of authority in relation to public service
49.
Decentralization refers to the structuring or organization of governmental authority
in order to establish a system of co-responsibility between institutions at the central,
regional and local levels. There are several advantages and disadvantages to
decentralization. It can lead to improved access to public services, with the participation of
local communities in decision-making and local dispute settlement and remedies. Through
decentralization, there may be better grass-roots implementation of services and a more
results-driven approach. The disadvantages are that decentralization can increase the
likelihood of duplicating public service efforts, with the consequent fiscal loss which could
have a direct impact on the funds available for the delivery of public services. There is also
less likelihood of maintaining consistent standards and implementation of services, such as
staff training. Regardless of whether services are decentralized, it is recognized that
strategy is often set at the national level and implementation activities are carried out
locally. It is therefore important that centrally formulated policy should take into account
the needs of citizens throughout the country.32
B.
Privatization and public-private partnerships
50.
Effective accountability mechanisms are needed when privatizing public services or
in the case of public-private partnerships. Regardless of whether services are privatized or
not, there must be careful monitoring in place for quality control of each service, as well as
rigorous and transparent procedures for tendering them out. The public service ethos should
attach to the public service, not the status of the service provider.
51.
When services are privatized, there can be adverse human rights impacts such as
inadequate participation of communities in decision-making processes. A rights-based
understanding of governance includes ensuring that private actors comply with human
rights standards. It also embodies the view that the delivery of services such as health and
education are rights that achieve and secure the dignity of all individuals.33 The Guiding
Principles on Business and Human Rights, adopted in 2011, indicate that States should set
out clearly the expectation that all business enterprises domiciled in their territory and/or
jurisdiction respect human rights throughout their operations and in any public service they
deliver.34
C.
Corruption
52.
The good governance principles of transparency, accountability and integrity in
public services act as a preventative mechanism against corruption, which can exist in
numerous forms, including nepotism, payment for services that do not require it, bribes, or
32
33
34
Report of the Special Rapporteur on the human right to safe drinking water and sanitation
(A/HRC/18/33), para. 83 (d).
Global Thematic Consultation on Governance and the Post-2015 Development Framework:
Consultation report, 2013, sect. 4.1.3.
Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework. Annex to the Report of the Special Representative of the
Secretary-General on the issue of human rights and transnational corporations and other business
enterprises (A//HRC/17/31), p. 7.
13
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