A/HRC/42/47/Add.2
Special Rapporteur recommends that the Government of Malaysia should incorporate
human rights into its continued efforts to improve water and sanitation services for all.
73.
The situation as regards access to drinking water and sanitation for all, with an
emphasis on leaving no one behind, would be quite different if water and sanitation
were legally recognized as human rights and if Malaysia explicitly recognized the
obligation to realize those rights. Building on the current efforts to ratify the relevant
international human rights treaties, the Special Rapporteur strongly encourages the
Government to consider his observations and recommendations in the present report
and to take urgent action to address the situation of access to water and sanitation by
the groups that have been left behind.
74.
In this connection, the Special Rapporteur
recommendations to the Government of Malaysia.
75.
offers
the
following
Concerning the legislative framework, the Government should:
(a)
Ratify those international human rights treaties that it has not yet
ratified, including the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
International Labour Organization Indigenous and Tribal Peoples Convention, 1989
(No. 169), the Convention relating to the Status of Refugees and the Protocol thereto,
the Convention relating to the Status of Stateless Persons and the Convention on the
Reduction of Statelessness;
(b)
Harmonize the legal standards on water and sanitation services and
ensure their coherence across the entire country so that they are in accordance with
the human rights to water and sanitation.
76.
Concerning the institutional framework, the Government should:
(a)
Assess whether the absence of federal bodies, established as part of the
water and sanitation reform, in Kelantan, Sabah and Sarawak have affected the
quality of water and sanitation services and make every effort to remove the
inequalities that have resulted from this situation;
(b)
Provide technical and financial support for the expansion and
improvement of water and sanitation services in Kelantan, Sabah and Sarawak until
they offer the same level of access to those services as the states in Peninsular Malaysia;
(c)
Harmonize regulation of water and sanitation services in the country,
through bodies that are independent of the service providers;
(d)
Introduce measures to ensure the independence and autonomy of the
National Water Services Commission and that the main objectives of regulation are
aligned with the human rights to water and sanitation and the principles of human
rights.
77.
Concerning the policy framework, the Government should:
(a)
Implement a plan of action to realize the human rights to water and
sanitation, including the normative content of those rights and the principles of
human rights;
(b)
Ensure that all policies prioritize the elimination of inequalities in access
to water and sanitation services;
(c)
Introduce mechanisms to collect relevant disaggregated data on access to
water and sanitation service by relevant groups, particularly those based on race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth, wealth or other status.
78.
Concerning water quality, the Government should:
(a)
Ensure that the Ministry of Health has a more active role in auditing and
interpreting the results of the monitoring of water quality by providers;
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