A/HRC/42/47/Add.6
essential to properly ensuring that the rights to water and sanitation are respected protected
and fulfilled. Tajikistan is currently creating a severely hostile environment towards these
organisations, preventing them from undertaking their rights protecting role. This must end
and civil society must be allowed to effectively contribute to discussions surrounding water
and sanitation policy and practice.
RETROGRESSION: The Special Rapporteur is deeply concerned that the potential
control over civil society organizations has been further strengthened in law since his
visit and reiterates his recommendation to provide a wider and more open space for
civil society.
VI. Leaving no one behind
61.
States have a special obligation to provide those who do not have sufficient means
with the necessary water and sanitation services and to prevent any discrimination on
internationally prohibited grounds in the provision of those services.20 The individuals and
groups that States must target to address discrimination are usually the most marginalised,
excluded, vulnerable, stigmatised and disadvantaged in their access to water and sanitation,
but also in society at large.
A.
Recommendation on reparation for displaced persons
RECOMMENDATION 15: “Provide adequate reparation to the displaced population
whose human rights, including the rights to water and sanitation, have been violated, and
carry out human rights impact assessments for any development projects in order to
guarantee non-repetition.” (A/HRC/33/49/Add.2, para. 59(m)).
62.
During his official visit to Tajikistan, the Special Rapporteur learned of the
difficulties faced by those who had been relocated as a result of mega-projects. He
discovered that a large number of displaced families lacked regular access to water for
drinking and farming purposes, and had to buy water that failed to meet the normative
content of the right to water. Additionally, displaced persons were forced to use toilets they
constructed themselves (A/HRC/33/49/Add.2, paras. 49-52).
63.
The Government responded to these concerns referring to the draft Law of the
Republic of Tajikistan on Drinking Water and Drinking Water Supply which stipulates that
consumers of drinking water may demand compensation for damages caused by drinking
water which does not meet regulatory requirements. No further details were provided as to
the efforts that had or will be taken to alleviate the impact that displacement has caused to
the rights of these people.
64.
The Special Rapporteur is concerned that he did not receive specific information
about reparation to the displaced population. He reiterates the importance of adequate
reparation to the displaced persons affected by development projects and to prevent
reoccurrence of such human rights violations by conducting human rights impact
assessments. In this connection, he refers to his thematic report on the impact of megaprojects on the realization of the human rights to water and sanitation in which he provides
a list of guiding questions for all accountable actors to use when implementing their human
rights obligations and responsibilities (A/74/197).
No assessment is possible due to lack of information: The Special Rapporteur calls on
the Government to make public information regarding reparations provided to
displaced persons whose rights have been breached. He reminds the Government that
displacing populations without ensuring their human rights are met in full is a
retrogressive step and a violation of international human rights law.
20
16
See General Comment 15 of the Committee on Economic, Social and Cultural Rights, para. 15.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents