A/HRC/43/53 safe drinking water and adequate sanitation causes 870,000 premature deaths annually (see E/2019/68). 81. The human rights to water and sanitation were recognized in 2010 by the General Assembly in its resolution 64/292 and the Human Rights Council in its resolution 15/9, and have been repeatedly re-affirmed.42 A former Special Rapporteur on the human rights to safe drinking water and sanitation published a comprehensive set of good practices in implementing the rights to water and sanitation.43 In the handbook, the former mandate holder emphasizes the need for clear articulation of the content of the rights to water and sanitation through laws, regulations and policies governing availability, physical accessibility, affordability, quality and safety, and acceptability. Also essential are legal frameworks to eliminate discrimination in the provision of water and sanitation services (as reported for example in Ghana, Honduras and Pakistan). 82. Today, dozens of States recognize the human rights to water and/or sanitation in their constitutions and/or legislation, including Belgium, the Plurinational State of Bolivia, Chile, the Democratic Republic of the Congo, Cuba, the Dominican Republic, Ecuador, Ethiopia, Fiji, France, Kenya, Maldives, Mexico, the Netherlands, Nicaragua, the Niger, Paraguay, Slovenia, the Solomon Islands, South Africa, Tunisia, the United Republic of Tanzania and Uruguay. 83. Ideally, the rights to water and sanitation should be embedded throughout a State’s legal framework, including in the constitution, legislation, policies and programmes. For example, in South Africa, the right to water is enshrined in the Constitution, the National Water Act, the Water Services Act, the Free Basic Water Implementation Strategy and the National Framework for Municipal Indigent Policies. The Water Services Act also includes recognition of the right to sanitation. The legal framework helped to secure financing to ensure implementation of rights. Between 2000 and 2017, 14 million South Africans gained access to basic water services, while 17 million people gained access to at least basic sanitation.44 84. In Poland, the National Programme for Municipal Wastewater Treatment was introduced to ensure compliance with upgraded water legislation. The policy fostered the construction of new and updated wastewater treatment plants that reduced water pollution and generated energy from waste. As at 2017, 99 per cent of the population in Poland had access to at least basic sanitation service, and 99 per cent of wastewater was treated at plants providing at least secondary treatment. 85. Pro-poor programmes to ensure access to safe drinking water are a leading good practice. In France and Belgium, a type of subsidy, referred to as a solidarity mechanism, pays water bills for the most financially deprived people (A/HRC/18/33/Add.1, para. 33). Chile employs a similar approach, allowing connection costs to be paid in affordable monthly instalments over five years instead of a lump sum. In Zambia, the Devolution Trust Fund was created in 2003 to finance water and sanitation services for poor urban areas and informal settlements. Funding came from development partners, government and water utilities and is replenished by a 3 per cent solidarity levy on the water bills of all customers.45 Community members are represented in the project task team and decide where water distribution kiosks are to be placed, and local water watch groups serve as an accountability mechanism. 86. Bangladesh, Hungary, Kenya, Mozambique and Peru also have strong laws, policies, or programmes in place to provide water and sanitation to poor and marginalized communities. 87. Cabo Verde, Comoros, Maldives, Mauritius, Sao Tome and Príncipe and Seychelles have begun an initiative to fix problems relating to the scarcity and contamination of 42 43 44 45 14 See for example General Assembly resolution 68/157 and Human Rights Council resolution 27/7. Caterina de Albuquerque, Realising the Human Rights to Water and Sanitation: A Handbook, 2014. Progress on household drinking water, sanitation, and hygiene 2000-2017: Special focus on inequalities, UNICEF and World Health Organization, 2019. Robert Bos et al., Manual of the Human Rights to Safe Drinking Water and Sanitation for Practitioners (London, IWA Publishing, 2016).

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