A/HRC/45/10
What is “maximum usage”?
D.
28.
Budget allocations, even those which might on the face of it seem satisfactory and
maximal, do not always provide evidence that States are, in fact, utilizing the maximum of
their available resources to achieve a particular right. To focus solely on allocations fails to
capture the detrimental impact on the actual spending of those resources by inefficiency and
corruption, for example. 23 Once available resources have been allocated, States must ensure
that they are indeed fully and effectively spent for the progressive realization of the human
rights to water and sanitation, taking into account the life-cycle costing of the provision of
water and sanitation services, which is relevant to the human rights principle of
sustainability.24 Life-cycle costing requires States to understand current costs related to the
provision of services and how these costs might change in the future, for instance, through
degradation of the services, changing user needs, climate change and increases in the cost
of materials.
29.
From a human rights perspective, effective usage means that States specifically
target resources towards populations in vulnerable situations and underserved areas. Such a
targeted approach requires disaggregated spending information accessible to a non-expert.
That information might show that, even if spending on water and sanitation projects has
increased, the additional funds have mostly benefited the capital city’s middle-income
neighbourhoods and not peri-urban neighbourhoods, where the majority of the population
lacks access to tap water. According to one report, only 6 per cent of the bottom 20 per cent
of the poorest benefit from the US$ 320 billion that Governments spend each year on water
and sanitation services. 25 Using disaggregated information as well as demographic and
geographic data can reveal that a budget spending may not meet real needs or may have a
discriminatory effect instead of enabling progress in the reduction of inequalities in the
enjoyment of the human rights to water and sanitation. 26 For instance, through a project for
tracking financing to the sanitation, hygiene and drinking water sector (TrackFin), which is
part of the UN-Water Global Analysis and Assessment of Sanitation and Drinking Water
initiative, WHO identifies and tracks water supply-, sanitation- and hygiene-related
expenditures, thereby providing information on geographic spending and spending in rural
and urban areas.
30.
Effective and efficient usage of resources is closely related to transparent and
accountable budgeting. For instance, it is questionable whether the provision of State funds
to for-profit providers through subsidies is in line with the effective and efficient usage of
resources. Resources transferred to private operators are rarely reinvested in service
improvements or in expansions aimed at servicing those living in hard-to-reach areas. 27
Using non-financial resources effectively and efficiently is also essential, particularly for
service provision. By avoiding the mismanagement of operations and of workforce
resources, the provision of services tends to improve and, in turn, result in better and more
equal services for all. Furthermore, from the perspective of integrity and transparency, the
so-called “capture” of regulators by providers creates an invisible impediment to the
effective and efficient usage of non-financial resources.
IV. Minimum core obligations
31.
All human rights are fundamental, and each right gives rise to inviolable entitlement,
namely, the most basic, lowest levels of rights that all people should be afforded in all
circumstances. The inviolable element of a right is the intangible baseline or an essential
23
24
25
26
27
8
Eitan Felner, “Closing the ‘escape hatch’: a toolkit to monitor the progressive realization of
economic, social and cultural rights”, Journal of Human Rights Practice, vol. 1, No. 3 (November
2009) pp. 402–435.
A/HRC/30/39, para. 14.
Luis Andres and others, Doing More with Less: Smarter Subsidies for Water Supply and Sanitation
(Washington, D.C., World Bank Group, 2019).
Office of the United Nations High Commissioner for Human Rights, Manual on Human Rights
Monitoring (2001), chap. 8, p. 22.
Aoife Nolan, “Privatization and economic and social rights”, Human Rights Quarterly, vol. 40, No. 4
(1 November 2018), pp. 815–858.
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