A/HRC/10/6
page 7
17. Moreover, declarations and resolutions by the United Nations and other organizations
recognize safe drinking water and sanitation as a human right, as for example the 1977 Mar del
Plata Action Plan of the United Nations Water Conference, the 1992 Dublin Statement on Water
and Sustainable Development adopted at the International Conference on Water and the
Environment, the 1994 Programme of Action adopted by the United Nations International
Conference on Population and Development and the 1996 Istanbul Declaration on Human
Settlements of the Habitat Agenda agreed at the Habitat II conference. Additionally, other
General Assembly and Commission on Human Rights resolutions12 refer to clean water as a
human right and the Sub-Commission on the Promotion and Protection of Human Rights
adopted guidelines for the realization of the right to drinking water and sanitation in
resolution 2006/10.13 Groups of States have also declared their recognition of the right to water
and sanitation in other forums. For example, the members of the Non-Aligned Movement at their
fourteenth summit acknowledged the right to water for all;14 Asian States at the first Asia-Pacific
Water Summit recognized the “right to safe drinking water and basic sanitation as a basic human
right”;15 and at the Third South Asian Conference on Sanitation (SACOSAN), delegations from
the region recognized that “access to sanitation and safe drinking water is a basic right”.16
18. A right to water and, in some cases, sanitation has also been recognized in several national
legal systems, including Algeria, Belgium, Democratic Republic of the Congo, Ecuador, France,
South Africa, Uganda, Ukraine and Uruguay.
19. However, the recognition of water as a human right in declarations and resolutions has
been irregular. Several States have not yet recognized a human right to water and sanitation
either at the national or international levels, having rather defended the need to further explore
the connections between human rights obligations and water and sanitation, rather than debating
whether a human right to water and sanitation exists.
20. In this regard, the focus of the Human Rights Council resolutions has been on the links
between access to water and sanitation and human rights, and indeed resolution 7/22 recognized
a need for further study to clarify the content of human rights obligation in relation to safe
drinking water and sanitation. The independent expert was specifically asked to work on this
topic.
12
For example, General Assembly resolution 54/175, para. 12 (a) and Commission on Human
Rights resolutions 2004/17 and 2005/15.
13
See E/CN.4/Sub.2/2005/25 for the guidelines.
14
Final document of the XIV Conference of Heads of State or Government of the Non-Aligned
Movement, para. 226.
15
Message from Beppu available at http://www.apwf.org/archive/documents/summit/
Message_from_Beppu_080130.pdf.
16
Delhi Declaration available at http://ddws.nic.in/infosacosan/ppt/
Delhi%20Declaration%207.pdf.
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