A/HRC/45/10/Add.2 law, model bills and framework legislation have been used as guidance for states in India to adopt and enact their own legislation. 7. Since the visit took place in 2017, the draft national water framework bill had been circulated for comments but there has been no update on its status nor its content.3 Media reports suggest that the government of the State of Madhya Pradesh is in the process of drafting a right to water act, which would entitle residents a minimum quantity of safe drinking water, as well as prioritize water for domestic and personal uses over those of the industrial sector.4 8. While the efforts made at the level of the local government to enact legislation on the human right to water are laudable, the Special Rapporteur wishes to point out two observations. First, the human rights to water and sanitation are intrinsically interlinked and must be addressed together in legislation. Therefore, a legislation – at the moment a draft bill – focusing only on the human right to water would address only one side of the coin. Second, a discussion of a draft bill at the subnational level cannot amount to harmonization of the legal basis of the human rights to water and sanitation across all India. The Special Rapporteur reminds the Government that in accordance with article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), States parties are required to utilize all appropriate means, including particularly the adoption of legislative measures, in the implementation of their Covenant obligations. PROGRESS LIMITED: The Special Rapporteur recommends that the Government establish a clear legislative framework that recognizes both the human rights to water and sanitation and that such legal recognition is harmonized and consistent throughout all states of India. 2. Recommendation on Optional Protocol to the ICESCR RECOMMENDATION 2: “Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights;” (A/HRC/39/55/Add.1, para. 71(b)) 9. The Government of India ratified the ICESCR in 1979 and is yet to ratified the Optional Protocol to the ICESCR. According to the Government, consultations and legal examinations are underway with regard to the possibility of ratifying OP to ICESCR, however, no concrete information was provided related to such process. 10. The Special Rapporteur reaffirms the need for enforcing the justiciability of the human rights to water and sanitation, and in particular, ensuring that individuals and groups who are alleged victims of violations of those rights are able to file a complaint before a judicial body, to request legal remedies and to have those remedies enforced. Ratifying the Optional Protocol to the ICESCR would provide the Government with tools to ensure the justiciability of the rights. PROGRESS NOT STARTED: The Special Rapporteur reiterates his recommendation that the Government takes concrete steps towards ensuring the justiciability of the human rights to water and sanitation by ratifying the Optional Protocol to the ICESCR. 3 4 Government of India, Press Release “Draft National Water Policy” (19 March 2020). Hindustan Times, “MP drafts right to water law, promises 55/day to each” (25 February 2020). 3