A/HRC/45/10/Add.2 volume of faecal sludge produced daily.30 The Special Rapporteur welcomes this contextual approach and emphasizes that it is important that this planning translates into actual efforts to realize concrete waste management strategies that are contextually appropriate, safely managed, and able to be sustained over time. PROGRESS ON-GOING: The Special Rapporteur notes the steps taken by the Government on faecal sludge management at the level of national policy on rural sanitation. He emphasizes that the next steps is for the Government to take action so that such policy is implemented in practice. He also stresses the need to extend these efforts to urban areas. B. Recommendation on accessibility of water and sanitation RECOMMENDATION 14: “Identify populations in vulnerable situations, including non-nationals and those without proper identity documentation, and identify patterns of discrimination, and their underlying structural causes, that heighten the likelihood of lower quality access to adequate drinking water and sanitation services;” (A/HRC/39/55/Add.1, para. 71(q)) 50. During the visit, the Special Rapporteur noted that certain groups fell outside the purview of government protection regarding the human rights to water and sanitation. He met the undocumented population living in former Bangladeshi enclaves situated in India and former Indian enclaves located in Bangladesh who often not possess a toilet within their houses and are forced to defecate in the open (A/HRC/39/55/Add.1, para. 70). 51. The number of refugees and stateless persons that may face barriers in accessing water and sanitation in India is growing. According to UNHCR, the number of refugees in India in 2017 was 207,070,31 and had grown to 240,000 in 2019.32 However, the actual number of refugees living in India as of December 2019 can be considered higher than the official figures, as it is estimated that over 40 per cent of all refugees in India live outside of camps.33 These groups in transit or at destinations should be guaranteed access to water and sanitation on the same conditions as granted to local state nationals, regardless of their legal status and documentation (A/HRC/39/55, para. 11). 52. Further, in relation to stateless population, Human Rights Watch pointed to a gap in the census following the passing of the new Citizenship (Amendment) Act (2019), which facilitates citizenship applications for all non-Muslim irregular immigrants. The census in the State of Assam excluded nearly two million people, most of them ethnic Bengalis, whom the authorities accuse of being illegal migrants.34 The Special Rapporteur reiterates that the Government has an obligation to provide water and sanitation not only to nationals, but to foreigners who reside in the territory as well as to those people who do not have proper identity documentation (A/HRC/39/55, para. 11). 53. Another challenge related to access to water and sanitation by undocumented population is posed by the new monitoring system under the Jal Jeevan Mission. The new “Aadhar number” 35 – a number linked to citizenship documents – presents negative implications for populations without access to documents that provides their address to formal housing. The "Aadhar system" is linked to the household, and requires the logging of personal and biometric data. By law, persons without an Aadhar number cannot be excluded from receiving government benefits.36 However, persons who are homeless have been denied 30 31 32 33 34 35 36 Operational Guidelines of SBMG Phase II (2020), 117. UNCHR, India 2017 End-of-year report (2017). UNHCR, India Factsheet 31 December 2019. Ibid. Human Rights Watch, “Discrimination Against Muslims Under India’s New Citizenship Policy” (9 April 2020). Security in the UIDAI system, (2018). Ibid. 13