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processes needs to be part of the processes of development cooperation. 52 It is
important to reiterate in that context that the right to active, free and meaningful
participation and the right to information are key human rights principles.
62. At the same time, country ownership is intimately tied to respecting the
sovereignty of the partner country, without imposing particular technological
solutions and policies. It implies that the best way to achieve proj ect effectiveness
must not be decided unilaterally by funders but must be led and fully and
meaningfully endorsed by partner stakeholders. 53
63. In practice, it has been widely observed that conditionalities in loan and grant
concessions are often leveraged in such a way as to deny the sovereignty and
ownership of the beneficiary country. Even some organizations that are reluctant to
accept certain controls over development aid recognize the unfair nature of
conditionalities when funders impose their own consultants and suppliers or
methods of work. 27 Furthermore, institutional reforms in the water and sanitation
sector, often accompanied by privatization processes, are frequently included
conditionalities that can have an impact on human rights in different ways,
including the probable exclusion of the most disadvantaged. Another common type
of conditionality in development cooperation in the water and sanitation sector is
the implementation of full-cost recovery policies based on tariff collection. Such
policies, when unaccompanied by appropriate safeguards, can raise serious concerns
about lack of affordability and its adverse impact on the poorest populations.
C.
Legal, regulatory and policy frameworks
64. National contexts are relevant to the progressive realization of the human
rights to water and sanitation. A number of local factors, including corruption,
regulatory frameworks and budgetary priorities, can affect the application of human
rights principles and especially the sustainability of services. Corruption, for
example, tends to add to the cost of water and sanitation utilities, increasing the
price of utilities connections by as much as 30 per cent. 54 A poorly performing
economy can make it difficult to finance services unless they are given a very high
priority in the budgetary allocations of the given State or region.
65. Water and sanitation provision can be susceptible to a strongly commercially
oriented agenda, regardless of the private or public nature of the provider, given the
good prospects for profitability under natural monopoly conditions. However, an
unregulated, commercially oriented agenda often is not responsive to social welfare
and human rights considerations more broadly. Therefore, such services require
regulation that is specifically rooted in the principles and normative content of the
human rights to water and sanitation. Rates must be fair and affordable. Service
providers must be transparent, act in good faith, refrain from rent -seeking and be
efficient and effective.
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52
53
54
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InterAction, “Country ownership: moving from rhetoric to action” (Washington, D.C., 2011).
See World Bank, “Comprehensive development framework: country ownership”, available from
http://web.worldbank.org/archive/website01013/WEB/0__CON -5.HTM.
Transparency International, Global Corruption Report 2008: Corruption in the Water Sector
(Cambridge, Cambridge University Press, 2008).
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