A/HRC/45/10
of their expenditure as a whole.62 The Special Rapporteur finds that carrying out a dynamic
analysis, which involves comparing the evolution of the realization of human rights over
time, would be more suitable. The data set of two or more points in time can be checked
against indicators and benchmarks identifying whether States are making adequate progress
towards achieving the human rights to water and sanitation.
68.
A specific example of dynamic monitoring of the human rights to water and
sanitation can be found in the Special Rapporteur’s follow-up analysis project, which
assesses the implementation of the recommendations he made in official country visit
reports.63 During a total of 9 official country visits, the Special Rapporteur assessed the
human rights situation of the country at the time of the visit. On the other hand, through the
follow-up analysis project, the Special Rapporteur dynamically assessed the human rights
situation comparing the situation at the time of the visit to the time when the follow-up
analysis was carried out. For the follow-up assessments, the interpretation of the
progressive realization was introduced in five categories: good progress, progress ongoing,
limited progress, progress not started and retrogression.
69.
The category “limited progress” describes situations in which actions have been
taken that are not targeted towards the realization of the human rights to water and
sanitation; moreover, the actions are not deliberate or concrete. For instance, simply
upgrading the national information and communications technology system does not
necessarily lead to a better distribution of information related to accessing water and
sanitation services. In “limited progress” situations, action is taken but progress is slow, as
when a bill has been drafted but remains stuck at the same procedural stage for several
years without making any progress. Furthermore, in “limited progress” situations the action
taken addresses the short term and does not tackle structural and systemic issues. The
category “progress ongoing” describes situations where action has been taken to implement
recommendations but implementation remains partial, as when menstrual hygiene has been
promoted in institutional facilities but not yet in schools. In “progress ongoing” situations,
relevant action has been taken to address the recommendations but the outcome of the
action is unclear, as when water quality standards and improvements are established.
Finally, the category “good progress” refers to situations in which implementation has been
successful or is imminent.
70.
In monitoring the progressive realization of the human rights to water and sanitation
it is necessary to adopt an integrated, comprehensive approach that includes several
dimensions: firstly, the normative content should be assessed separately, to allow for an indepth assessment that takes into account qualitative dimensions; secondly, that separate
assessment should be complemented by an integrated assessment that cuts across the entire
normative content and also the human rights principles; and, thirdly, the normative content
needs to be assessed against the usage of the maximum available resources.
B.
Monitoring mechanisms
71.
At the international level, the human rights treaty bodies play a notable role in
monitoring States’ obligation to progressively realize rights. When the Committee on
Economic, Social and Cultural Rights reviews States parties’ compliance with Covenant
obligations, it prepares a list of issues that often lacks specific requests for information on
access to water and sanitation, often subsuming the monitoring of the human rights to water
and sanitation under the dimension of the rights to an adequate standard of living and health.
Therefore, the monitoring of binding obligations is left to peer review mechanisms such as
the universal periodic review and to regional human rights mechanisms such as the Protocol
on Water and Health to the 1992 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes. In addition, bodies such as the WHO-UNICEF Joint
Monitoring Programme for Water Supply, Sanitation and Hygiene and other statistical
bodies also play a monitoring role – not necessarily linked to the human rights framework –
62
63
18
Lillian Chenwi, “Unpacking ‘progressive realisation’, its relation to resources, minimum core and
reasonableness, and some methodological considerations for assessing compliance”, De Jure Journal,
vol. 742 (2013), pp. 742–769.
A/HRC/39/55, annex.
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