A/HRC/45/10
support. For instance, in Finland, where water and sanitation services are not eligible for
State aid, the State makes resources available to competent authorities at the regional level,
funding innovative projects involving experiments and new technologies. 18
23.
Taking a broader view of the notion of resources, States are also required to increase
the availability of non-financial resources, such as institutional, technical and workforce
resources. These resources become even more important when we look at residents of
informal settlements and rural areas who rely on informal providers or self-supply as they
do not have access to formal services and do not benefit from public financing and crosssubsidization. Given the range of services that exist outside the formal system, States must
pay particular attention to maximizing non-financial resources, for example through
capacity-building, to support informal providers, as an interim measure.
24.
Resources refer to both existing and potential resources available within a State and
those available from the international community through international cooperation and
assistance.19 This means that, where domestic resources are insufficient, it is incumbent on
States to seek help from outside sources. States that are in a position to assist may be
regarded as bound to do so as part of their own duty to utilize the maximum of their
available resources to progressively realize rights. 20
What is “maximum allocation”?
C.
25.
In addition to the obligation to make efforts to maximize resources, the maximum of
available resources refers to the obligation to efficiently and effectively allocate the
potential resources available. The first step of maximizing the amount of the budget
allocated, which is at the planning stage, is differentiated from the subsequent step of
spending and using those resources. Concerning what constitutes the maximum allocation,
some have suggested that States should aim to spend at least 1 per cent of their gross
domestic product (GDP) on water and sanitation services provision, maintenance and
improvement, while others have suggested 0.5 per cent of GDP for sanitation alone. 21
Owing to the disparities in the spending powers of States and the reality that the necessary
level of budgetary allocation for water and sanitation will depend on context, the human
rights framework does not prescribe the precise proportion of the total domestic budget, nor
does it give an indicative amount.
26.
The Special Rapporteur emphasizes that States should move away from fetishizing
numbers in budget allocations and move towards comprehensively assessing all the
elements pertaining to such allocations. Specifically, making effective allocations includes
identifying those responsible for the provision of water and sanitation services and making
sure that the resources are allocated on the basis of their needs. Non-financial resources too
should be identified, as they are particularly crucial in unserved or underserved areas.
Moreover, some households may invest an important proportion of their income on selfsupply and on carrying out their own maintenance and installations. 22
27.
Also of relevance is States’ ability to allocate resources for the progressive
realization of the human rights to water and sanitation so that it is not compromised by
allocating disproportionate amounts of the budget to other areas. Where States allocate a
large portion of their resources to defence, bank bailouts or subsidies to airline companies,
for example, it will be incumbent upon them to justify why doing so is necessary and
unavoidable and also to ensure that such spending does not compromise the enjoyment of
the human rights to water and sanitation.
18
19
20
21
22
Submission from Finland.
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 13. See also the
Limburg Principles on the Implementation of the International Covenant on Economic, Social and
Cultural Rights, para. 26.
Ibid.
United Nations Development Programme, Human Development Report 2006: Beyond Scarcity –
Power, Poverty and the Global Water Crisis (New York, Palgrave Macmillan, 2006), p. 9.
Kerstin Danert and Guy Hutton, “Shining the spotlight on household investments for water, sanitation
and hygiene (WASH): let us talk about HI and the three Ts”, Journal of Water, Sanitation and
Hygiene for Development, vol. 10, No. 1 (2020), pp. 1–4.
7
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