Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 34
Paragraph- Paragraph text
- The decision whether to delegate service provision must take place in the context of a sound overall strategy that lays out how the State aims to achieve universal access to sanitation and water. Both the strategy and the decision on delegation have to be adopted in a democratic, participatory and transparent process. In the view of the independent expert, the participation of all concerned must be active, free and meaningful. To enable genuine participation, this requires disclosure of adequate and sufficient information and actual access to information, referring in particular to the instruments that delegate service provision. In the case of State-owned companies, management will usually be delegated via legislation, decrees or contracts, while the authorities will often enter into contracts with private providers. The creation of a wider enabling environment for meaningful participation must be ensured, as well as specific opportunities for participation and reinforcement of the capacities of individuals and civil society to enable them to participate, monitor, evaluate and report on possible human rights abuses.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 34
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