Human Rights Council holds interactive dialogue with Special Rapporteur on human right to safe drinking water and sanitation

MORNING

15 September 2011

Deputy High Commissioner for Human Rights Presents Reports by the Secretary-General and the High Commissioner for Human Rights

The Human Rights Council this morning held an interactive dialogue with the Special Rapporteur on the human right to safe drinking water and sanitation. The Council also heard the Deputy High Commissioner for Human Rights present thematic reports prepared by the Secretary-General and the High Commissioner for Human Rights, and then started its general debate on the promotion and protection of all human rights: civil, political, economic, social and cultural rights, including the right to development.

Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation, said the biggest barrier to the enjoyment of human rights obligations relating to access to safe drinking water and sanitation was political will. Her report indentified common success factors relevant to national and local planning exercises. A first crucial step was a strong legal framework. Successful national plans would clearly allocate responsibilities among different actors. Without adequate and predictable financing, planning and target setting was meaningless. A common reason for failure of plans was the lack of effective engagement with concerned individuals and communities. The Special Rapporteur’s compilation of good practices allowed the identification of common success factors and provided evidence that using the human rights framework had a concrete impact on changing people’s lives in relation to water and sanitation.

Slovenia, the United States and Japan spoke as concerned countries.

In the interactive dialogue, States welcomed the adoption of General Assembly resolution 64/292 and Human Rights Council resolution 15/9 affirming the human right to safe drinking water and sanitation. Speakers were concerned that 884 million persons lacked access to water and 2.6 billion did not have access to sanitation as defined by WHO and UNICEF. Approximately 1.5 million children under five years died each year as a result of water and sanitation related diseases. The adoption of plans of action and benchmarks guided by human rights frameworks was the way forward. Speakers said that in addition to political will, attention had to be paid to allocation of available resources. Some speakers asked how to integrate the planning for the fulfillment of the right to water and sanitation with climate change adaptation. Others asked what advice did the Special Rapporteur have in tackling disparities between rural and urban areas.

Speaking in the interactive dialogue were Germany on behalf of the Blue Group, Morocco, Ecuador, Spain, Bolivarian Republic of Venezuela, France, Algeria, European Union, Switzerland, Bolivia, Senegal on behalf of the African Group, Uruguay, India, Indonesia, Cuba Egypt , China, Portugal, Palestine, Brazil, United Kingdom, Republic of Moldova, South Africa, Ethiopia and Sudan.

The following non-governmental organizations also took the floor: European Disability Forum, Worldwide Organization for Women, Indian Council of South America, Corporate Accountability International and Franciscans International.

Also this morning, Kyung-wha Kang, Deputy High Commissioner for Human Rights, introducing thematic reports by the Secretary-General and the High Commissioner for Human Rights, said that the report of the Secretary-General on cooperation in the field of human rights stressed that States should take all necessary measures to stop reprisals and protect persons who cooperated with the United Nations. The report of the Secretary-General on the question of the death penalty drew attention to a number of developments, including the continuing trend towards abolition, the ongoing difficulties in gaining access to reliable information on executions, and various international efforts towards the universal abolition of the death penalty.

Ms. Kang said the report of the High Commissioner on human rights and transitional justice contained an update on the activities undertaken by her Office since July 2009 in the context of transitional justice, including demobilization and reintegration of former combatants and transitional justice. The report on the role of prevention in the promotion and protection of human rights included the recommendations from the workshop and called for further research and for consolidation of different definitions and approaches to prevention. The report on the obligation of States to investigate serious violations of human rights and the use of forensic genetics illustrated the legal obligation of States to investigate gross violations of human rights and international humanitarian law and outlined State law and practice regarding investigation through the use of forensic genetics and the establishment of genetic databanks. The report on the rights of indigenous peoples focused on initiatives undertaken by the Office of the High Commissioner that contributed to the full application of these rights and provided an overview of the recent developments undertaken by treaty bodies and the Council’s Special Procedures and mechanisms. The remaining reports addressed practices in adopting a human rights-based approach to eliminate preventable maternal mortality and morbidity, a summary of the Council’s panel discussion on the issue of human rights in the context of action taken to address terrorist hostage-taking, and the situation of migrants and asylum-seekers fleeing events in North Africa, among others.

Speaking in the general debate on the promotion and protection of all human rights: civil, political, economic, social and cultural rights, including the right to development, were Senegal on behalf of the African Group, Poland on behalf of the European Union and Hungary.

The Council will reconvene at 3 p.m. this afternoon to continue its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the rights to development.

Documentation

The Report of the Special Rapporteur on the human right to safe
drinking water and sanitation, Catarina de Albuquerque, (A/HRC/18/33), is submitted to the Human Rights Council in accordance with Council resolutions 7/22 and 16/2. The report focuses on national and local planning for the implementation of the rights to water and to sanitation, highlighting the importance of having a vision and political will to ensure the realization of those rights. The report outlines relevant existing frameworks for planning and the significance of integrating human rights throughout the planning process from assessment and diagnosis, target setting, the formulation and implementation of appropriate measures to monitoring and evaluation. The report identifies a number of factors for successful planning including sound legal frameworks and institutions, access to justice and clear designation of responsibilities; adequate financing; participation and transparency; and non-discrimination and equality. The final section of the report contains conclusions and recommendations.

Compilation of good practices, (A/HRC/18/33/Add.1), presents good practices for the implementation of the right to water and sanitation of a range of stakeholders, including State bodies (national and local), international agencies, service providers, nongovernmental organizations and civil society, and covers many approaches to realizing the rights to water and sanitation, including legislation, planning, service delivery, advocacy and capacity-building, monitoring and litigation.

Mission to Slovenia, 24 to 28 May 2010, (A/HRC/18/33/Add.2), presents the mission of the Special Rapporteur on the issue of human rights obligations related to access to safe drinking water and sanitation to Slovenia. The purpose of this mission was to assess the way in which the State was implementing the right to water and sanitation. In the present report, the mandate holder observes that there is near universal access to water and sanitation in Slovenia. She expresses particular concern about access to safe water and sanitation for the Roma population. At the end of the report, conclusions and recommendations are made.

Mission to Japan, 20 to 28 July 2010, (A/HRC/18/33/Add.3), states the Special Rapporteur on the issue of human rights obligations related to access to safe drinking water and sanitation conducted an official mission to Japan in order to assess the manner in which the Government was ensuring the enjoyment of the rights to water and to sanitation. The mandate holder observes that in Japan, the vast majority of the population enjoys good access to water and sanitation, and that Japan has well-developed systems in place to assure this access. She raises some concerns related to the following issues and groups: poverty, homelessness, persons with disabilities, the situation of underserved persons of Korean descent, and prisoners. At the end of the report, conclusions and recommendations are made.

Mission to the United States, 22 February to 4 March 2011, (A/HRC/18/33/Add.4), presents the findings and recommendations of the Special Rapporteur on the human rights to safe drinking water and sanitation from her country visit to the United States from 22 February to 4 March 2011. In the report, the Special Rapporteur begins by outlining the international and domestic legal framework on the rights to water and sanitation. She then makes a general assessment of the enjoyment of the rights to water and sanitation in the United States, looking specifically at the following issues: sanitation, safety, affordability and excluded groups. This assessment is then underpinned by an analysis of the right to non-discrimination and equality. The last section examines United States official development assistance in the area of water and sanitation. She concludes the report with recommendations addressed to the Government.

Statement by the Special Rapporteur on the Right to Water and Sanitation

Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation, said she was pleased to update the Council on her work under the mandate on the right to water and sanitation and she would be presenting five reports: her thematic report on national planning, a good practice compilation and her mission reports on her visits to Slovenia, Japan and the United States. The Special Rapporteur said the biggest barrier to the enjoyment of human rights obligations relating to access to safe drinking water and sanitation was political will. National Plans of Action, when undertaken in a comprehensive and serious manner, could be an important manifestation of political commitment. Good planning depended on a full understanding of the situation. Plans should set ambitious but realistic targets which would provide the goals that the country was working towards. The report indentified common success factors relevant to national and local planning exercises. A first crucial step was a strong legal framework. Successful national plans would clearly allocate responsibilities among different actors. Without adequate and predictable financing, planning and target setting was meaningless. A common reason for failure of plans was the lack of effective engagement with concerned individuals and communities. Successful planning required specific attention to eliminating discrimination in access to water and sanitation.

The Special Rapporteur said the compilation of good practices was the product of extensive consultations. A wide diversity of practices demonstrated the many different possible interventions as well as the vastly different contexts in which the rights to water and sanitation could be ensured. The compilation allowed the identification of common success factors and provided evidence that using the human rights framework had a concrete impact on changing people’s lives in relation to water and sanitation.

The reports on Japan, the United States and Slovenia focused especially on groups of people who do not have the same access to water and sanitation as the majority of the population. The Special Rapporteur thanked the Government of Slovenia for their excellent cooperation. The bulk of this report concerned the Roma people as out of 95 Roma settlements, 21 did not have access to water and many did not have access to sanitation. Access to water was linked to security of tenure which the Roma often lacked. Slovenia had positive experiences concerning the regularization of Roma settlements. In some municipalities political will was lacking. The Slovenian Government must correct this situation.

In Japan the Special Rapporteur noted that government and international humanitarian response to the Tohoku earthquake and Fukushima nuclear disaster was crucial for ensuring access to water, although concern about contamination had to be taken seriously. To Japan’s credit the Special Rapporteur did not meet with any community that completely lacked access. The Special Rapporteur commended a system of public toilets for the homeless as that standard of cleanliness was above what was seen in other developed countries. A lack of access to showers remained a problem for the homeless. The ethnic Korean community of Utoro was below standards of neighbouring communities, none of the homes were connected to the sewerage network. In spite of the complex ongoing dispute over ownership of the land, urgent measures were required.

In the United States the Special Rapporteur noted that the vast majority had access to water and sanitation and there was a robust legal frame for water quality. Certain groups faced problems with access. Many of the water and sanitation networks were aging and required upgrading. The Special Rapporteur visited a community in California where agricultural byproducts had made water unsafe to drink. A mandatory federal standard was needed on affordability as the government already done for water quality. Homeless people who numbered as many as 3.5 million per year often had no option but to urinate or defecate in the open due to public restroom having become less and less accessible.

The Special Rapporteur visited Namibia in July 2011 and looked forward to her continuing dialogue with the government concerning the issue of sanitation.

In conclusion, Ms. De Albuquerque said that a UNICEF and WHO Joint Monitoring Programme was exploring how to incorporate human rights into its monitoring criteria. This would allow looking beyond whether people had access to improved water and sanitation facilities, to issues such as water quality reliability and affordability. The first three years of her mandate had seen extraordinary developments and the Special Rapporteur had high expectations for the next three years.

Statements by Concerned Countries

MATJAZ KOVACIC (Slovenia), speaking as a concerned country, said the Special Rapporteur on the issue of human rights obligations related to access to safe drinking water and sanitation visited Slovenia in May 2010, the first visit by any of the Special Procedure mandate holders to the country. Following the visit, the Special Rapporteur concluded that Slovenia was meeting its human rights obligations related to water and sanitation for the vast majority of the population, except for some persons belonging to vulnerable groups, notably the Roma. The Government was seriously considering her recommendations in this area. In Slovenia, there were around 10,000 Roma who lived in over 100 settlements that were mostly illegal and therefore not included in the Government’s settlements system. The precondition to obtain access to water and the sewerage system was based on being a landowner with a permit to build a house. As a result some Roma settlements lacked drinking water and sanitation. The Government was trying to solve this problem in cooperation with competent municipality experts with the participation of the concerned Roma population. The principal body working on this issue was the working group on solving spacial problems in Roma settlements, which included all stakeholders on the issue. The Government was aware of the need for provisional measures to be established before long term and systemic solutions could be found and was looking for short-term satisfactory solutions to secure safe drinking water to all. The delegation of Slovenia noted that an agreement had recently been reached to establish a new water connection to Dobruska thus allowing a number of Roma families to gain direct access to safe drinking water.

Slovenia reported on progress made since the visit of the Special Rapportuer, including a contact between municipalities and the State for a sustainable water supply for the coastal population which experienced summer seasonal demand that exceeded the available water supply; and a Government intervention in municipalities with Roma population to secure immediate access to safe drinking water by interim solutions. Slovenia stressed that it was willing to secure the full enjoyment of human rights to water and sanitation to the remaining part of the population and was actively engaged with local authorities to address this problem connected to the process of the just integration of Roma into society.

KENICHI SUGANUMA (Japan), speaking as a concerned country, said that water was fundamental for the maintenance of human life and health, essential to the preservation of ecosystems, and was an indispensible resource for socio-economic activity. Sanitation, besides being a basic necessity for the full enjoyment of human life, was an important issue that went hand-in-hand with that of water. Japan thanked the Special Rapporteur for her visit to Japan and expressed its appreciation for her positive assessment concerning the situation concerning access to water and sanitation in Japan and her understanding of the Government’s efforts. Local governments continued to address specific problems concerning those groups which faced particular challenges. Japan placed great emphasis on the concept of human security, which was one the pillars of its aid policy. In order to improve the situation regarding water and sanitation, Japan supported developing countries from a human security perspective and contributed to the efforts to achieve the Millennium Development Goals, including the advancement of safe water and sanitation. Japan continued to be the top donor in the area and intended to continue to devote itself to using its knowledge to make a significant contribution toward improving access to water and sanitation.

JOHN C. MARITZ (United States), speaking as a concerned country, underscored the United States Government’s commitment to providing safe and clean drinking water and proper sanitation to the American people. The United States was understandably proud of the tremendous accomplishments it had made over the past decades to provide its citizens with clean water at an affordable price. The Special Rapporteur noted in the report that 92 per cent of the population was served by water systems which had met mandatory health standards. The United States far exceeded World Bank guidelines on affordability, as combined water and sewage bills averaged only 0.5 per cent of a household’s income.

The United States had conveyed to the Special Rapporteur concerns that the report often focused on anecdotes that had not fairly depicted the state of drinking water and sanitation in the United States and that the report made some factual errors and had not cited sources for some statistics. The Government acknowledged that some indigenous communities faced challenges with respect to access to safe drinking water and sanitation and was taking steps to address these challenges in conjunction with Tribal and State Governments. For example, a partnership was established across federal Government agencies to bring together expertise and resources for the funding and construction of water and sanitation systems for indigenous communities. The United States said that some of the issues raised regarding the indigenous peoples were unrelated to their access to water and sanitation and would be more appropriately addressed by other Special Procedure mandate holders. The report also had failed to take into account the federal system of the United States where a number of issues raised could be most feasibly handled at the local level rather than through federal action.

Interactive Dialogue

REINHARD SCHWEPPE (Germany), speaking on behalf of Germany, Spain, Bangladesh, Bolivia, Brazil, Croatia, Egypt, France, the Maldives, Morocco, Slovenia and Uruguay - the Blue Group, welcomed the adoption of General Assembly resolution 64/292 and Human Rights Council resolution 15/9 affirming the human right to safe drinking water and sanitation. The Blue Group reaffirmed that the human right to safe drinking water and sanitation was contained in existing human rights treaties and entailed legally binding obligations. The real challenge was to implement this right. The Blue Group was deeply concerned that 884 million people lacked access to water 2.6 billion did not have access to sanitation as defined by WHO and UNICEF. Approximately 1.5 million children under 5 died each year as a result of water and sanitation related diseases. The Blue Group promoted the human right to safe drinking water, supported the Special Rapporteur on water, lobbied on this issue at all levels by informing States and other stakeholders about the content of the human rights to safe dinking water and sanitation and the benefits of it recognition, and promoted a human rights based approach to design and implementing development programmes.
NAJOUA EL BERRAK (Morocco) said that the report of the Special Rapporteur on the right to water and sanitation contained a compilation of good practices. Morocco agreed on the paramount need of political will; there was also a need for global planning coordination. The five objectives set by the Special Rapporteur, including availability, quality, accessibility, facilities and affordability, all depended on the availability financial resources and technical capacities. The establishment of a legal framework and institutions could not be achieved without adequate financing. While greater international cooperation was needed, particularly for developing countries, it had actually had slowed down due to the current economic crises. To address this issue, special funds could be considered; similarly, the Office of the High Commissioner for Human Rights could establish international experts to provide support to countries. In many African countries women and children had to travel in average six kilometers per day to access water and many people lived without basic sanitation; this fact reminded of the scale of inequality in the world.

ALFONSO MORALES (Ecuador) said that the recommendations contained in the report of the Special Rapporteur on the issue of human rights obligations related to the access to safe drinking water and sanitation would ensure there was full enjoyment of human rights by all citizens. The primary duties of the State were to ensure the full enjoyment of the rights of its citizens and in the Ecuadorian Constitution there were principles such as ‘well living’ which ensured that the right to safe drinking water should be available to all people. The Government was working actively to ensure its full commitment to meet all the obligations of the enjoyment of human rights, including the implementation of innovative environmental policies, such as refraining from exploiting natural resources from the river basins, which would ensure that water could not be contaminated and would remain clean and available to all in the population.

BORJA MONTESINO (Spain) thanked the Special Rapporteur for giving shape to an important mandate and expressed satisfaction to see the emphasis the report placed on national and local plans. Spain welcomed the inclusion of a human rights perspective in planning. This was needed to ensure a consistent and coherent focus, and in order to ensure accountability. Spain had included this perspective in its work in international cooperation. Following the recommendations of the Special Rapporteur, steps and measures had been taken to include a human rights perspective to safe drinking water and sanitation and Spain had made specific efforts in this area to ensure access for all. Spain paid particular attention to marginalized members of society. Given that the report highlighted provisions of measurements and indicators of national plans that took into account human rights factors, Spain asked the Special Rapporteur to further address some examples.

EDGARDO TORO CARRENO (Venezuela) said that access to safe drinking water was an inalienable right. The Special Rapporteur noted that the realization of this right required ensuring necessary political will. Given that it was the State’s role to ensure the realization of this right, Venezuela had an inclusive policy to rehabilitate river basins and rivers and increase access to water. These steps had been taken to serve the people and put people’s rights in front of private enterprise.

RAPHAEL TRAPP (France) said that the work of the Special Rapporteur on the issue of human rights obligations related to access to safe drinking water and sanitation had shed light on the role of various stakeholders on this important subject. France had engaged with the Blue Group to further advance access to clean drinking water and stressed that in countries which had pursued decentralization, as in France, it was critical for local legislation to operate within a strong national framework. France would be hosting the upcoming sixth World Water Forum at the end of September in Marseille and asked the Special Rapporteur what expectations she had for the Forum.

BOUALEM CHEBIH (Algeria) said that Algeria had built up experience on this issue and many of the recommendations of the report had already been implemented. Water had been made a priority in Algeria as part of a human rights approach. A specific Ministry had been established and legislation and a national plan for water had been adopted. Mobilization and development of water resources and infrastructure, a national strategy for food security and improving national indicators on water savings and participatory management, contributed to improving the enjoyment of the right water and sanitation by the Algerian people. Many households had been connected to the water network; waste water was treated and 80 per cent of Algeria was connected to waste water treatment networks. While, Algeria had already fulfilled the Millennium Development Goal 7, challenges remained concerning water management and coverage in remote regions.

NICOLE RECKINGER (European Union) said the European Union noted the Special Rapporteur’s work while acknowledging that not all Member States recognized such a right. Planning processes guided by a human rights framework had a more coherent approach to realizing this right. The European Union agreed that a human rights framework provided no single answer but guaranteed a process that was participatory and non discriminatory. Many countries had a national plan of action but only a few integrated a human rights perspective. The European Union welcomed recommendations on how to integrate human rights perspectives and asked how best the compendium of good practice could be utilized in the elaboration of national plans that integrated a human rights’ perspective.

BARBARA FONTANA (Switzerland) said that Switzerland would like to see more references to best practices in order to understand the issue of access to safe drinking water. One area of concern for Switzerland was how an analysis could be made when there were numerous different systems of evaluation for safe drinking water and sanitation. Switzerland would like more consideration by the Special Rapporteur on the role of non-state actors in the issue of the provision of water.

MAYSA URENA MENACHO (Bolivia) said that political will was the starting point to ensuring universal access to water and sanitation. Access to water and sanitation was a national priority in Bolivia and was included in the national development plan. In this way, Bolivia fulfilled the obligations established in the constitution which established access to safe water and sanitation as a human right and established the State’s responsibility to ensure the provision of these services, under the principles of universality, equality, quality and accessibility; and including social participation. This was part of the work carried out by the Ministry of the Environment and Water, policies, standards, plans and projects were in place to promote access to water, development of irrigation and sanitation. A coverage rate of 75.5 per cent had been achieved and Bolivia continued to work to achieve the fulfillment of the Millennium Development Goals concerning both water and sanitation. Bolivia took note of the recommendations in the report of the Special Rapporteur and continued to support her important work.

FODE SECK (Senegal), speaking on behalf of the African Group, said that the Special Rapporteur’s report on access to safe drinking water and sanitation was an example of the importance of planning in this critical area. The African Group supported a coherent and coordinated planning approach to guarantee safe drinking water and sanitation. The African Group asked what specific measures could be expected from development partners and agencies at the regional level to create a planning system that would effectively ensure access to safe drinking water and sanitation.

TIMO BAUER-SAVAGE (Germany) said that safe and accessible drinking water and sanitation were essential for a life in health and dignity. However, they were still being denied to billions of people. Germany continued its strong engagement with investments in the water and sanitation sector. The German Government had been a strong promoter for the recognition of water and sanitation as a human right. A core activity of Germany in many countries was the support of national planning in the water and sanitation sector of well beyond five-hundred million dollars. Concerning the indication of the report that sanitation could not just be delivered but required behavioral change which could be achieved only through the active involvement of interested beneficiaries, Germany asked what methods the Special Rapporteur envisaged to achieve this behavioral change.

GABRIEL WINTER KABRAN (Uruguay) said that it was necessary to ensure that specific commitments to ensure the right to water and sanitation were backed up by political will. The human right of access to drinking water was incorporated into the Uruguay constitution as a fundamental human right. Sustainable management of resources was essential with the establishment of priorities. In Uruguay the first priority was to provide access to water and sanitation to the people. In order to provide this right to the scattered rural population, Uruguay had implemented specific programmes. In order to ensure equal access a community management model tailored solutions to address different access to water. On Government supplied laptops manuals emphasizing the need to develop a culture of avoiding water waste were given to children. Uruguay had 90 per cent access to safe drinking water and they were in the best possible situation to fulfill the Millennium Development Goals.

GLORIA GANGTE (India) said that sanitation was one of the most important global issues facing the world today and it could undermine the process of inclusive growth and development and increase the marginalization of vulnerable groups and gender bias. Sanitation access in India had been only 29 per cent in rural areas in 2000 and was now 73 per cent. By 2012 India had the goal to provide every household with access to safe drinking water and sanitation. The Special Rapporteur emphasized the necessity of transparency and access to information. India agreed with this approach and noted that the Government’s Act on Access to Information had strengthened accountability and community participation. India said that the challenge now was not merely one of achieving access targets but also of sustainability of these targets and asked the Special Rapporteur what recommendations she had in the areas of sustainability of access to safe drinking water and sanitation.

ASEP SOMANTRI (Indonesia) welcomed the focus on national and local planning in the report of the Special Rapporteur and the recommendations concerning a consolidated approach and planning for the implementation of the right. Indonesia remained committed to fulfil the rights to water and sanitation through various plans and programmes at the national and regional level and the proportion of households which had access to decent drinking water and sanitation had increased. Efforts included providing rules, planning and programmes at the national and local levels to support water services, improving the developing and planning in the water supply system through the development of a master plan, better water management, capacity building and increasing cooperation. Indonesia asked the Special Rapporteur how to integrate the planning for the fulfillment of the right to water and sanitation with climate change adaptation.

PABLO BERITI OLIVA (Cuba) said that the issue of water was at the heart of the survival of humanity. Cuba had achieved the Millennium Development Goal of access to safe drinking water and sanitation in 1995 and urged the Special Rapporteur to continue her efforts in this area so that all countries could make the same achievements. Cuba said that the international community should support developing countries with technical assistance for developing and building systems to support access to safe drinking water and sanitation.

HIBA MOSTAFA RIZK (Egypt) welcomed the focus of the report on incorporation of human rights in national plans. In addition to political will, attention had to be paid to the allocation of available resources. Egypt took note of the Special Rapporteur’s recommendations and asked what means should be used to ensure implementation and monitoring of national plans.

SUN MINGJI (China) said that water and sanitation were basic needs for human survival and development and constituted the material basis for the sustainable development of society. China agreed with the report of the Special Rapporteur that States should establish targets and measures, improve coordination, avoid discrimination and inequality, progressively fulfill the right to water in remote areas, and assure sustainability. The Chinese Government paid close attention to water. It had made investments to ensure access to drinking water and intended to ensure access to drinking water in rural areas by the end of 2013. Increases in water consumption and access contributed to the world’s development and prosperity. Water conservation work was being carried out and planning prioritized people’s livelihoods, harmonizing, rational development and effective use of water resources. China was willing to enhance cooperation with the human rights bodies to contribute to the realization of rights concerning water and sanitation.

HANS OLA URSTAD (Norway) welcomed the Special Rapporteur’s report and said that Norway placed great emphasis on effective monitoring and reporting of rights violations, effective mechanisms for complaint rectification and compliance and mutual accountability of all stakeholders to ensure that the right to water and sanitation would become a reality for all. Accountability must be established for authorities, civil society organizations, consumers and external partners. Norway said that in considering planning frameworks and contexts, global trends such as climate change, population increase and urbanization were relevant. Norway asked what topics the Special Rapporteur would be considering for the future.
NICOLLETTE MOODIE, of the United Nations Children’s Fund (UNICEF), welcomed the excellent recommendations contained in the Special Rapporteur’s report to help States plan the provision of water and sanitation as well as the compilation of good practices. UNICEF was ready to support the efforts of the Special Rapporteur. UNICEF was pleased to be working on the right to access to water and sanitation with communities, States and government agencies and households to improve access to clean drinking water, in particular to ensure the well being of children. UNICEF looked forward to further collaboration with the Special Rapporteur. UNICEF offered strong support to the Special Rapporteur’s mandate and offered continued technical support and looked forward to collaborating with her. UNICEF offered its support and aid to States and organizations in this domain.

GRACA ANDRESEN GUIMARAES (Portugal) welcomed the compendium of best practices and the broad range consultative process for the elaboration of the report of the Special Rapporteur. As it was the case with all economic, social and cultural rights, implementation required the political will and steadfast commitment of States and stakeholders to its progressive realization. The adoption of plans of action and benchmarks guided by human rights frameworks was the way forward. This would make authorities set ambitious but realistic and sustainable targets. Mainstreaming the obligations related to the human right to water and sanitation into other national human rights plans and into international human rights texts, prioritizing vulnerable groups to end discrimination should also figure as priorities. Portugal ask the Special Rapporteur to provide more details on her efforts concerning the task-force charged with developing indicators to measures non-discrimination and equality in the access to safe water and sanitation.

JOAO ERNESTO CHRISTOFOLO (Brazil) said that federal laws in the country had created the National Policy of Water Resources which established national guidelines for basic sanitation including civil society participation, access to information and special attention to vulnerable and marginalized groups. The Brazilian National Plan for Basic Sanitation, when approved, would universalize access to basic sanitation services as a social right, which included sanitary sewage, solid waste management, urban cleaning and rain water drainage and management. Brazil noted that many of the good practices complied had been observed in developing countries and said that developing countries had an interesting set of experiences that had been successful in other developing settings.

MELANIE HOPKINS (United Kingdom) said that whilst the United Kingdom did not believe a free standing right to sanitation existed under current human rights law, they were committed to helping States reach the Millennium Development Goals and had prioritized spending to ensure access to water. Around 100 million pounds had been spent on water aid. The majority of that aid had been on low cost solutions such as hand pumps that tended to serve in areas of lack of water access. When planning water access, public participation in decision making was of importance to ensure a sound legal framework. The United Kingdom asked what advice did the Special Rapporteur have in tackling disparities between rural and urban areas.

VLADIMIR CHIRINCIUC (Republic of Moldova) said that the diverse aspects of effective planning were very useful and the way in which human rights could contribute consolidated the planning process. Only planning, seen as a holistic process, could bring about the transformation required in the sector and ensure the enjoyment of related rights. A human rights centered planning process could ensure that resources were adequately invested. Effective planning could help retrace incompatibilities with human rights, and address shortcomings and duplications in policy. Before a plan of action, a long-term strategy must be established. These should be drawn through an open participatory process, which represented underprivileged communities. The Republic of Moldova had devised a strategy for developing the drinking water and sanitation sector before a plan of action; the strategy had been revised and harmonized with human rights norms and principles.

SEDWEN ANTHONY (South Africa) said it was imperative for the international community to constantly engage and share ideas to address the challenges in achieving the realization of the right to water and sanitation. South Africa was currently leading the African Ministers Council on Water and would lead behind a well-functioning Specialized Technical Committee of the African Union aimed at monitoring and guiding efforts to achieve the water and sanitation targets of the Millennium Development Goals. South Africa said that policy options at the national and international levels should include strengthening capacities in integrated water resources management and governance, improving water allocation, enhancing water use efficiently and implementing pro-poor policies. The water supply backlog in South Africa was reduced from 41 per cent in 1994 to only 7 per cent in 2010 and South Africa was likely to achieve the 2015 goal of universal access to potable water, despite the challenge of an ever increasing number of households.

GIRMA AMARE MESHESHA (Ethiopia) said Ethiopia was the second most populous country in Sub-Saharan Africa. Ethiopia was taking a number of measures including the adoption of and implementation of comprehensive water resource and management policies. Access to safe drinking water and sanitation was one of its development pillars. The share of the population with access to clean water had increased dramatically.

IMAD ZUHAIRI (Palestine) said that the denial of access to water and sanitation was a violation of the International Covenant on Civil and Political Rights. The right to water was seen as necessary for the enjoyment of many other rights. When States parties incorporated international obligations in national legislation, the right to water became enforceable on the national level. Israel’s water policies and practices discriminated against the Palestinian population, resulting in widespread violations or the right to an adequate standard of living. The inequality in access to water between Israelis and Palestinian was striking. Palestinians were often denied their water rights and suffered from diminished amounts of water compared to Israeli settlers. Poor sanitation services affected all sectors of the Palestinian population. During the occupation, Israel had over-exploited Palestinian water resources and neglected the water and sanitation infrastructure in the occupied territories. Urgent measures were needed to ensure adequate water supplies and to prevent further damage to the water resources and the environment.

ISAM ABDURAHMAN (Sudan) said that the Sudanese Government had taken concrete steps to ensure the enjoyment of the right to access to safe drinking water. A number of dams were built to secure electricity in a regular and uninterrupted manner to communities. Sudan looked forward to international and regional cooperation to exchange experiences and assist the Government to develop its capacities in providing access to safe drinking water. Sudan asked the Special Rapporteur what impact climate change and the economic crisis had on access to safe drinking water and sanitation.

ALEXANDRE MAPARUNGA, of European Disability Forum, said persons with disabilities were excluded from enjoying many rights and this often led to increasing poverty. National plans on accessibility rights to water and sanitation must avoid discrimination based on disability. Stakeholders in planning should include those with disabilities. Affirmative policies should be enacted to ensure access to water for those with disabilities.

MUTUA KOBIA, of World Wide Organization for Women, said water access was a crucial issue. Particular attention should be paid to adequate and sufficient clean water. Millennium Development Goals needed to be considered and fulfilled. Water quality was highly important for food and agriculture. Contaminated water could greatly endanger women during pregnancy and could affect children’s development. Women should be involved in planning programmes concerning access to water.

FRANCESCA RESTIFO, of Franciscan International, in a joint statement, highlighted the importance of human rights planning in order to achieve sustainable and equitable results and better accountability in water governance. Due to fragmentation of international law, the General Assembly’s recognition of the right to water and sanitation meant little and the direct consequences weighed on the poor and vulnerable, impeding sustainable development. Franciscan Internationals called upon States to use human rights-based planning to articulate the implementation of all their water related international legal obligations through a human rights-based water governance.

SHAYDA NAFICY, of Corporate Accountability International, said that realizing the right to water and sanitation was not insurmountable. There was enough water to meet the basic needs of the planet. Corporate Accountability International expressed concerns about the growing corporate interference with global water policy and urged Member States, United Nations agencies and international financial institutions to take firm steps to prevent corporate interference with water governance, implement effective regulation to protect water resources and establish management structures capable of realizing the right.

RONALD BARNES, of Indian Council of South America, said that indigenous people had a political right to self-determination which was vital to their right to development. All indigenous people should be treated not as a vulnerable group but as people vested with a right to self-determination. The lack of water and sanitation was due to the economic exploitation of resources as existed in Alaska.

Concluding Remarks

CATARINA DE ALBUQUERQUE, Special Rapporteur on the issue of human rights obligations related to the access to safe drinking water and sanitation, in concluding remarks, said that the increase in interest among international bodies, such as the World Health Organization and the United Nations Children Fund, to integrate human rights into the global access to safe drinking water and sanitation was a revolution which would promote the application of new indicators that had the potential to influence national policy making. For example, at the global level water quality was not being measured and the Millennium Development Goals provided limited information on access as there was no focus on discrimination or data gathered on access among the poorest and most vulnerable in society. New indicators would prevent States from targeting the easy to reach solutions and would encourage them to work towards the progressive realization of access to water and sanitation for all.

Ms. Albuquerque stressed affordability as a critical indicator that should be incorporated into the monitoring process. If individuals had a tap in their home then it allowed the country to achieve its Millennium Development Goal for access, however if a household could not afford to pay for the water then the country could not claim to have achieved right to access. The Special Rapporteur said that concerning the upcoming sixth World Water Forum in Marseille there would be a discussion of how to best make sure that national policies for water and sanitation were influenced by human rights. The Special Rapporteur said that the compendium of good practices in the report should not be viewed in isolation and noted that on the Office of the High Commissioner for Human Rights’ website, all submissions that the Special Rapporteur had received were posted so that Member States could read them in more detail and obtain a better understanding of these practices. Ms. Albuquerque would be issuing a book at the sixth World Water Forum in Marseille that would provide more information on best practices. Concerning sustainability to access to water and sanitation, the Special Rapporteur said that infrastructure was the beginning, not the end of the story, as costs for operation, maintenance and regulation should be included. The Special Rapporteur said there should be differentiated solutions for different contexts in order to contribute to the realization of the human right to water and sanitation.

Documentation

The Report of the Secretary-General on the cooperation with the United Nations, its representatives and mechanisms in the field of human rights, (A/HRC/18/19), highlights the efforts made to raise awareness of the issue of reprisals and intimidation and related efforts to combat it made by various stakeholders are highlighted. The report contains information gathered during the period under review, from 20 March 2010 to 15 June 2011, and provides an account of situations in which persons have been reportedly intimidated or suffered reprisals for having cooperated with the United Nations, its representatives and mechanisms in the field of human rights.

The Report of the Secretary-General on the question of the death penalty, (A/HRC/18/20), contains information covering the period from July 2010 to June 2011, and draws attention to a number of phenomena, including the continuing trend towards abolition, the ongoing difficulties in gaining access to reliable information on executions, and various international efforts towards the universal abolition of the death penalty.

The Note by the Secretariat on the Consolidated report of the Secretary-General and the United Nations High Commissioner for Human Rights on the right to development, (A/HRC/18/22), states that in accordance with established practice and owing to the timing of the reporting cycle, the consolidated report of the Secretary-General and the High Commissioner on the right to development is submitted to the Council at the same time as the report of the Working Group on the Right to Development in order to allow consolidated action by the Council on the same thematic issue. In this context, it is recalled that the twelfth session of the Working Group is scheduled for 14 to 18 November 2011; the report on that session will be therefore submitted to the Council at its nineteenth session. The consolidated report of the Secretary- General and the High Commissioner on the right to development will also be submitted to the Council at that session.

The Report of the United Nations High Commissioner for Human Rights on human rights and transitional justice, (A/HRC/18/23), contains an update of the activities undertaken by the Office of the United Nations High Commissioner for Human
Rights (OHCHR) in the context of transitional justice, including by the human rights components of peace missions. The report also includes an analysis of the relationship between disarmament, demobilization and reintegration (DDR) and transitional justice, prepared in consultation with the United Nations Development Programme, the Department of Peacekeeping Operations and other stakeholders. The report also draws on discussions held during the Expert Workshop on Maximizing Opportunities for Coordination between DDR Initiatives and Transitional Justice Processes, organized by OHCHR in Geneva in December 2010.

The Report of the Office of the High Commissioner on Human Rights on the outcome of the workshop on the role of prevention in the promotion and protection of human rights, (A/HRC/18/24), examines the outcome of an OHCHR questionnaire, and a workshop structured around the prevention of torture and ill-treatment and the prevention of human rights violations related to trafficking and migration. The questionnaire and the workshop revealed four key findings: 1) That there is a need to further elaborate what prevention means in practice. 2) That a holistic and strategic action on human rights across all functions of the State will result in more effective prevention. 3) An improved collection of statistics and data will have a key impact on prevention of human rights violations. 4) Initiatives to tackle discrimination should apply to all vulnerable groups. Recommendations were made, including conducting further research and developing practical tools to guide States.

The Report of the Office of the United Nations High Commissioner for Human Rights on the obligation of States to investigate serious violations of human rights and the use of forensic genetics, (A/HRC/18/25), in accordance with resolution 15/5 of the Human Rights Council, focuses on the law pertaining to the obligation to investigate gross violations of human rights law and serious violations of international humanitarian law, through a survey of the applicable international and regional instruments and jurisprudence. Based on responses received from States and organizations, the report also outlines State law and practice regarding initiatives taken in order to investigate human rights and international humanitarian law violations, particularly through the use of forensic genetics and the establishment of genetic databanks.

The Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples, (A/HRC/18/26), is submitted pursuant to resolutions 12/13 and 15/7 of the Human Rights Council. It contains information on relevant developments of human rights bodies and mechanisms and outlines the activities undertaken by the Office of the United Nations High Commissioner for Human Rights at Headquarters and in the field that contribute to the promotion and full application of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples, and follows up on the effectiveness of the Declaration. The report covers the period from May 2010 to April 2011.

The Report of the Office of the United Nations High Commissioner for
Human Rights on practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights, (A/HRC/18/27), submitted pursuant to Human Rights Council resolution 15/17, contains an analytical compilation of good and effective practices in adopting a human rights-based approach to eliminate preventable maternal mortality and morbidity. It identifies the common features of such practices, analyses how they embody a human rights-based approach, and showcases some good practices that have been effective in reducing maternal mortality and morbidity.

The Note by the Secretariat: Human rights and unilateral coercive measures, (A/HRC/18/28), says in its resolution 15/24 on human rights and unilateral coercive measures, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights to prepare a thematic study on the impact of unilateral coercive measures on the enjoyment of human rights, including recommendations on actions aimed at ending such measures, taking into account all previous reports, resolutions and relevant information available to the United Nations system in this regard, and to present the study to the Council at its eighteenth session. The above-mentioned study is under preparation and will require additional time for its completion. The study therefore will be submitted to the Human Rights Council at its nineteenth session.

The Summary of the Human Rights Council panel discussion on the issue of human rights in the context of action taken to address terrorist hostage-taking, prepared by the Office of the United Nations High Commissioner for Human Rights, (A/HRC/18/29), summarizes panel discussion held by the Human Rights Council on 11 March 2011, at its sixteenth session, on the issue of human rights in the context of action taken to address terrorist hostage-taking, with a special focus on the primary responsibility of States to promote and protect human rights for all in their jurisdiction, the strengthening of international cooperation to prevent and combat terrorism and the protection of the rights of all victims of terrorism involved, pursuant to its decision 15/116. The aim of the panel discussion was to increase awareness and understanding of the human rights aspects of hostage-taking when committed in the context of terrorist activities.

The Note by the Secretariat: Report of the Working Group on the Right to Development on its eleventh session, (A/HRC/18/39), notes the Working Group on the Right to Development is scheduled for 14 to 18 November 2011. The Working Group will therefore submit its report on that session to the Council at its nineteenth session.

The Joint communications report of special procedures, (A/HRC/18/51), is currently unavailable.

The Report of the High Commissioner on the situation of migrants and asylum seekers fleeing recent events in North Africa, (A/HRC/18/54), is currently unavailable.

Introduction of Reports by the Secretary-General, the High Commissioner for Human Rights and the Office of the High Commissioner for Human Rights

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, introducing the reports of the Secretary-General and the High Commissioner for Human Rights, said that the report of the Secretary-General on cooperation in the field of human rights (HCR/18/19) noted that people who stood up for human rights relied on the international community and its human rights mechanisms for support and audience. Regrettably, some States continued to resort to reprisals to silence criticism and prevent individuals and groups from cooperating with the United Nations. Such practices sapped the willingness and capacity of people to cooperate and ultimately prevented crucial information from reaching and informing United Nations responses to human rights concerns. States should take all necessary measures to stop reprisals and protect persons who cooperated with the United Nations. Alleged acts of reprisals and intimidation should be investigated without delay and the Council should ensure appropriate follow-up to the information contained in the report. The report of the Secretary-General on the question of the death penalty (Human Rights Council/18/20) contained information covering the period from July 2010 to June 2011; looked at relevant changes in law and practice regarding death penalty and international developments; and it drew attention to a number of developments, including the continuing trend towards abolition, the ongoing difficulties in gaining access to reliable information on executions, and various international efforts towards the universal abolition of the death penalty. Ms. Kang noted that if the Council wished a continuation of this report, a specific Council resolution or decision should be tabled as so noted in the report.

The report of the High Commissioner on human rights and transitional justice (HRC/18/23) contained an update on the activities undertaken by her Office since July 2009 in the context of transitional justice, including the human rights components of peace missions; and an analysis of the relationship between disarmament, demobilization and reintegration of former combatants and transitional justice. Disarmament, demobilization and reintegration of former combatants and transitional justice process were interrelated and coordination between the two efforts was essential to facilitate their coherence and mutual reinforcement. The report on the role of the prevention in the promotion and protection of human rights (HRC/18/24) included the recommendations from the workshop and called for further research and for consolidation of different definitions and approaches to prevention. The report on the obligation of States to investigate serious violations of human rights and the use of forensic genetics (HRC/18/25) illustrated the legal obligation of States to investigate gross violations of human rights and international humanitarian law and outlined state law and practice regarding investigation through the use of forensic genetics and the establishment of genetic databanks.

Ms. Kang said the report on the rights of indigenous peoples (HRC/18/26) focused on initiatives undertaken by the office of the High Commissioner that contributed to the full application of these rights and provided an overview of the recent developments undertaken by treaty bodies and the Council’s special procedures and mechanisms. The remaining reports addressed practices in adopting a human rights-based approach to eliminate preventable maternal mortality and morbidity (HRC/18/27), a summary of the Council’s panel discussion on the issue of human rights in the context of action taken to address terrorist hostage-taking (HRC/18/29), and a note transmitting the report of the eighteenth annual meeting of Special Rapporteurs/Representatives, Independent Experts and Chairs of working groups of the Special Procedures of the Council (HRC/18/41). The report of the High Commissioner on the situation of migrants and asylum-seekers fleeing events in North Africa (HRC/18/54) sought to describe the human rights implications of the cross-border movement of migrants and asylum seekers fleeing recent events in North Africa between January and August 2011. The report described the displacement of migrants and asylum seekers during this period and highlighted human rights concerns as well as the relevant normative framework.

General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

ABDELWAHAB HAIDARA (Senegal), speaking on behalf of the African Group, said that the High Commissioner for Human Right’s report on the situation of migrants fleeing North Africa contained sufficient evidence to more than justify serious attention to be applied to the situation of these migrants. These concerns, among others, related to discrimination, violence, detention and collective expulsions and were largely detailed in the report. The African Group stressed the overriding need to respect the human rights of migrants and asylum seekers effectively and unconditionally. The African Group reiterated the appeal made by the High Commissioner for all countries to ratify the Convention on the Rights of Migrant Workers and Members of Their Families. Solutions for migration should incorporate the human rights dimension and the African Group said it was willing to cooperate with all stakeholders in this area.

ANDRZEJ SADOS (Poland), speaking on behalf of the European Union, said the European Union respected the rights of all people regardless of any form of discrimination. Recent events in the Middle East and North Africa had raised the hopes of the populations, and these hopes could only be realized by the rule of law and good governance. The European Union had implemented various measures to help assist in the creation of a sustainable State in Libya and short- to long-term objectives included actions on security sector reform and other targeted assistance. The European Union remained committed to the protection of migrants. Not only had the European Union boosted its international humanitarian aid, it had also developed new initiatives over different acts of migration. Successful early stages in the Middle East and North Africa’s profound transformations should address the issue of transitional justice. Human rights should be safeguarded. The European Union in particular welcomed the report of the High Commissioner on human rights and transitional justice. Recent terrorist attacks in Nigeria, Pakistan and India showed that none were safe from international terrorism. The European Union was committed to combat the worst forms of child labour. The European Union attached great importance to access to safe drinking water which was crucial for life and dignity. The European Union reiterated their strong commitment to freedom of religion and belief.

ANDRAS DEKANY (Hungary) said Hungary echoed the call of the High Commissioner that the unacceptable practice of reprisals against persons cooperating with the United Nations had to stop as a matter of priority and that the Council should take action. To this end, Hungary had decided to table a draft decision on cooperation with the United Nations, operationalizing the conclusion of the report which condemned reprisals. A key objective was to provide an occasion for the Council to address the issue under agenda item five. Hungary hoped that this initiative would continue to enjoy broad support in the Council. The Council’s long-term effectiveness depended on the work on prevention. Therefore the prevention of human rights violations should assume a central role in the context of the mandate of the Council, supporting States and other actors in the understanding of prevention. The panel on the promotion and protection of human rights in the context of peaceful protests, initiated by Switzerland, was a testimony of the Council’s willingness to address topical issues in a timely manner. The rights to freedom of assembly, of expression and of association were human rights guaranteed to all and protected under international human rights law. The issue of protests was an important cross-cutting theme with strong links to freedom of assembly and expression, equally relevant to the promotion of good governance, democracy and the rule of law.
__________

For use of the information media; not an official record