A/HRC/42/47/Add.6 A. Recommendations on international treaties RECOMMENDATION 1: “Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and guarantee the human rights to water and sanitation as justifiable rights in national legislation.” (A/HRC/33/49/Add.2, para 59 (o)) RECOMMENDATION 2: “Accelerate its preparation for signing and ratifying the Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes.” (A/HRC/33/49/Add.2, para 59 (p)) 12. During his official visit to Tajikistan, the Special Rapporteur identified that more must be done by the Government to improve protections for the rights to water and sanitation under international law. Whilst Tajikistan has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), it is yet to ratify the Covenant’s Optional Protocol, which would ensure the justiciability of the human rights to water and sanitation in its national law. Furthermore, despite its strong participation in activities related to the UNECE-WHO/Europe Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (“the Protocol on Water and Health”), Tajikistan is yet to ratify this instrument (A/HRC/33/49/Add.2, paras. 7 and 42). 13. In addressing the Special Rapporteur’s recommendation regarding the ratification of the Optional Protocol to the ICESCR, the Government explained in its response to the follow-up questionnaire that it intends to properly consider whether it should now sign and ratify the Optional Protocol. As noted by the Government, the National Action Plan for the Implementation of the Recommendations of the Member States of the United Nations Human Rights Council under the Universal Periodic Review (Second Period) Procedure for 2017-2020, approved by the Presidential Decree of 7 June 2017, No. RP-901 for 2017-2020 envisages the study of the question of accession to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which will result in concrete proposals on that issue. The consideration by the Government of the ratification of the Optional Protocol is encouraging and the Special Rapporteur urges the State to look at this with due expediency. He reiterates that ratification would represent a positive step towards assisting in the realisation of the rights to water and sanitation, as well as all other rights contained within the ICESCR, by enabling those whose rights have not been adequately respected, protected or fulfilled to have their complaints heard by an independent body. 14. Whilst the Government is, seemingly, taking concerted efforts towards determining whether Tajikistan should ratify the Optional Protocol to the ICESCR, it has not disclosed whether it intends to act similarly in relation to the Protocol on Water and Health. Despite this, the Government has actively participated in meetings of United Nations Economic Commission for Europe related to the Convention, and, as noted, is a participant in many activities related to the Protocol. In its response to the questionnaire, the Government highlighted its intention to continue and bolster participation with the Protocol on Water and Health, noting that that, in accordance with the instruction of the Government of the Republic of Tajikistan dated May 2, 2018, No. 21417 (29-4), the Working Group on reviewing national targets under the Protocol on Water and Health for Tajikistan was established. Coordination of the activity of the relevant ministries and departments in the field of attracting investment is being utilised to achieve these goals. The Special Rapporteur welcomes the Government’s commitment to the objectives of the Protocol on Water and Health, and stresses the importance of continuing compliance with these in order to maximise the enjoyment of the rights to water and sanitation in Tajikistan. 15. In addition, Tajikistan has, on 22 March 2018, taken the positive step of signing the Convention on the Rights of Persons with Disabilities, which includes an obligation to ensure equal access to clean water services by persons with disabilities (Article 28, 2(a)). 16. The Special Rapporteur commends the efforts made by the Government to consider the ratification of the Optional Protocol to the ICESCR, and to continue and increase its 4