Privatization and the human rights to safe drinking water and sanitation

The UN Special Rapporteur on the human rights to safe drinking water and sanitation is preparing the report to the UN General Assembly for 2020. We encourage trade unions and allies to contribute to the content of this report by responding to this questionnaire no later than 31 January 2020. Due to limited capacity for translation, it is kindly requested that responses be submitted, if possible, in English, French or Spanish.

All responses will be posted on the official webpage of the Special Rapporteur on the human rights to safe drinking water and sanitation, unless it is indicated that the submission and/or the supporting documentation should be kept confidential. Please try to contribute as best you can, even if you are unable to answer all questions.

Answers will be submitted to: srwatsan@ohchr.org

1. Please describe briefly the role and responsibilities of your organization in the water and sanitation sector, particularly concerning assessment or promotion of private provision.

Current situation and trends

2. In your view, what the role has the private sector played in the water and sanitation provision in the countries your organization works in (or at the global level)? How has this role evolved in recent decades? Please provide examples.

3. Why do public authorities allow or even attract privatization of water and sanitation services? What would be the alternatives for public authorities?

4. In your view, have International Financial Institutions (IFIs) recently encouraged privatization? Could you provide concrete examples?

5. In case of economic crises, have the promotion of privatization increased?

Private provision

6. In your experience, if the private sector is involved in provision of water and sanitation services, what process was undertaken prior to the decision to adopt this model of provision? What types of concerns have been considered in such decisions?

7. How could public authorities use the features of private providers to foster the realization of the human rights to water and sanitation (HRtWS)? Is private provision positive for the progressive realization of the human rights to water and sanitation? If yes, in which circumstances?

8. How have instruments and mechanisms in place allowed the users (and non-users) to complaint and get remedy from private providers?

9. Do private providers advocate for stronger regulation? If so, why?

10. How has been the relationship between private providers and public authorities at the local level? What are potential concerns public authorities and users face vis-à-vis private providers?

11. How have private providers contributed to or harmed the realization of the HRtWS? Please give examples.

12. What is the nature of the information available on service provision? Does it allow for the adequate accountability of private providers and public authorities?

13. Who monitors the performance of private providers in respect to the normative content of the HRtWS and how? Who intervenes when there are risks of human rights violations and how is it done? Who imposes penalties in case violations occur?

14. What are the main challenges public authorities face regarding availability, accessibility, quality and affordability when private actors provide water and sanitation services? Please give examples.

15. Do you know any case of corruption involving private provision of water and sanitation services? Please give the necessary details.

16. Has the private sector shown more capacity to mobilize funds than the public sector? Could you please give concrete examples?

17. In your opinion, is there power imbalance in a public-private partnership? Could you please give concrete examples of effects of this relationship?

18. When there is private participation in the water and sanitation sector, to what extent the private actor brings its own financial resources to the service?

Remunicipalisation

19. Have you studied any case of remunicipalization? Why and how has it occurred? What types of difficulties has the public authority faced to establish the new municipal provider? Please, provide details of those processes.

Contact information

20. Could you please give us your email address? (Non-compulsory) This question requires a valid email address.