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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