A/HRC/36/45/Add.2 three-tier system of federal, state and municipal government, some states have state water commissions, their own water laws and water governance frameworks, as well as state entities for water and sanitation service provision and regulation. The ultimate responsibility for the provision of water and sanitation falls to municipalities, which can be supported and partially funded by the state and federal governments. Several communities have self-managed water and sanitation services (“sistemas comunitarios de agua”). Numerous civil society organizations and some national authorities expressed concerns about the capacity of some municipal authorities to fulfil their mandate as service providers in the water and sanitation sector and the need to strengthen those services. 11. The National Water Commission (CONAGUA) is a decentralized body of the Ministry of the Environment and Natural Resources. It is a key organization in Mexican water management with an extensive range of responsibilities and functions, including ensuring the security and sustainability of the country’s water resources, managing water rights and developing hydrologic infrastructure. The National Water Law defines the role of the National Water Commission in the water and sanitation sector as strengthening and supporting public services for urban and rural water, sewerage and wastewater treatment in the national territory, in coordination with state governments and, through them, with municipalities. While recognizing its important role, including in devising and implementing water policy, various stakeholders are calling for a review of the mandate of the National Water Commission to bring it into line with the Constitution and revised legislation, under which it should support state and municipal authorities in implementing in practice the human rights to water and sanitation. 12. Numerous stakeholders informed the Special Rapporteur that in practice the organization of the water and sanitation sector in Mexico was not functioning effectively to deliver high quality services to the population, due largely to insufficient federal and state support and funding to municipal authorities, as well as fragile and ineffective structures at the municipal level. As an example, the point was highlighted that costly federal and statefunded infrastructure projects, usually conceived in a top-down manner, did not have the required technical and financial support at the municipal level and quickly ceased to function effectively. Necessary resources, technical capacity and monitoring and control of service provision are not among the highest priorities at the three levels of government, yet are essential to ensuring the delivery of the best possible water and sanitation services to all, including the poorest and those in dispersed rural communities. 13. The Special Rapporteur considers that the organization of the water and sanitation sector shows an absence of coordinated efforts and roles between the three levels of government. The federal and state levels do have some responsibilities in setting standards, creating specific legislation and supporting service provision. However, they do not clearly complement or regulate the municipal level in its responsibility to provide water and sanitation services. At the municipal level, it was noted by some authorities that political factors contribute to poor service delivery. Political appointments of individuals are frequently made, giving senior roles in municipal water and sanitation providers to those without the necessary technical qualifications. Furthermore, municipal administrations are elected for three-year terms, resulting in frequent changes of administration and senior officials, which some blamed for inconsistent and poorly implemented policies, projects and programmes. The disconnect between the three levels of government hinders Mexico from achieving the highest attainable levels of services and complying with its obligations to realize the human rights to safe drinking water and sanitation. 14. It is also a matter of concern that, to date, Mexico has no formal regulatory bodies for either private or public providers of water and sanitation services. Comprehensive application of regulatory measures, at the federal, state or municipal level, is key to ensuring an accountable water and sanitation sector. Moreover, such measures are central to supervising and supporting municipalities in fulfilling their responsibilities. Regulatory bodies should be established and should be competent to ensure that those who provide water and sanitation services, whether public, private or others, comply fully with human rights and meet legal obligations and standards. 5