Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 58
Paragraph- Paragraph text
- Accountability can be achieved through judicial, quasi-judicial, administrative, political and social mechanisms at the national and international levels. Mechanisms can be based at the level of the service provider or of the State. As stated by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, irrespective of the obligation of the State to establish accountability mechanisms and ensure access to these, service providers have a responsibility to put into place means that allow individuals to bring alleged human rights abuses to their attention (A/HRC/8/5, para. 82). Such mechanisms should be easily accessible to consumers, but also to people within the area of operation who are not considered clients, for instance due to the non-payment of bills. This is part of exercising human rights due diligence, since accountability mechanisms enable the service provider to become aware of its (alleged) human rights impacts. Establishing grievance mechanisms can be seen as a necessary feedback loop complementing the general monitoring of human rights compliance. When abuses have been identified, non-State actors bear a responsibility to remedy those. Evidently, the set-up of these mechanisms will vary depending on the size of the business and other factors. For instance, while a large company might have an entire department dealing with complaints, small providers might be in touch directly with those who rely on their services. According to the Special Representative of the Secretary-General, to be effective and credible, a non-judicial grievance mechanism should be legitimate, accessible, predictable, equitable, compatible with rights and transparent (para. 92).
- 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)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 58
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