Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation

Private Sector Participation

Background

Pursuant to Human Rights Council Resolution 7/22, the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Ms. Catarina de Albuquerque has been mandated:

to advance the work by undertaking a study, in cooperation with and reflecting the views of Governments and relevant United Nations bodies, and in further cooperation with the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, on the further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation.

In 2010, the Independent Expert will prepare a report on private sector participation in the provision of water and sanitation services.

Public consultation

In order to benefit from diverse views and perspectives, the Independent Expert will organize a public consultation on the issue of human rights obligations in the context of private sector participation in the provision of water and sanitation services. It has taken place in Geneva, on 27 January 2010 in Room XXIII of the Palais des Nations, from 15:00 to 18:00.

Written contributions

Stakeholders who are unable to participate in the consultation are encouraged to submit their views in writing. Potential questions to be addressed in submissions include:

• Which obligations do States bear in the context of private sector participation in the provision of water and sanitation services?
• What should the regulatory framework put into place by States provide for?
• Apart from regulation, what additional measures, structures and institutions are necessary?
• What are the responsibilities of the private sector when participating in the provision of water and sanitation services?
• How can existing frameworks on private sector responsibility for human rights protection (including the work of the Special representative of the Secretary General on human rights and transnational corporations and other business enterprises, the OECD guidelines, the Global Compact, etc.) be used to guide our understanding of private sector responsibility in water and sanitation service provision?

In particular, the Independent Expert would welcome submissions that address specific instances of private sector participation analyzing these from a human rights perspective and showing how the participation of the private sector has contributed to or undermined the realization of human rights.

In order to enable the Independent Expert to consider submissions for her report, all stakeholders are encouraged to submit their contributions at their earliest convenience and no later than 26 March 2010. Submissions can be transmitted electronically to iewater@ohchr.org (encouraged) or be addressed to

Independent Expert on the issue of human rights obligations related
to access to safe drinking water and sanitation
ESCR Section
Special Procedures Division
UNOG-OHCHR
Palais des Nations
CH-1211 Geneva 10, Switzerland
Fax: +41 22 917 90 06