A/HRC/45/11
vulnerable situations, particularly indigenous peoples, and human rights defenders
advocating the rights of those affected by megaprojects. In order to prevent and mitigate the
risks arising from such projects and to ensure compliance with human rights, the Special
Rapporteur introduced a megaproject cycle framework for the realization of the human
rights to water and sanitation, consisting of seven stages, each of them entailing impacts on
access to water and sanitation, challenges and enabling factors to realize the human rights
to water and sanitation. He clarified each stage of the megaproject cycle and provided a list
of questions that constituted guidelines for accountable actors to implement their human
rights obligations and responsibilities. The stages of megaprojects include: macro-planning,
licensing or approval, planning and design, construction, short-term operation, long-term
operation, and decommissioning and disaster management.
2.
Progress since 2010
22.
Megaprojects are generally authorized, planned, constructed and operated without a
human rights impact assessment. Human rights impact assessments are rarely a
precondition for megaprojects, implying that the progress in incorporating the human rights
framework in all stages of megaprojects is minimal. The limited extent of the progress
made is closely related to gaps and limitations found in the national policies of States,
which often incorporate partial elements of the human rights to water and sanitation and
selected human rights principles. While there is no information on how these national
policies have been implemented for a specific megaproject, a few examples that can be
considered in the direction of progress were provided. In Mexico, the national development
plan for 2013–2018 called for full respect for human rights, with a vision of leaving no one
behind in all governmental actions, including those related to megaprojects. 28 The plan also
advocates for a development model that is respectful of people and their habitat, aimed at
correcting and not exacerbating inequalities, and at defending cultural diversity, especially
with regard to indigenous peoples. For example, the plan requires involving indigenous
peoples in the design and implementation of the Tren Maya megaproject, a road
infrastructure project in the Yucatan Peninsula.
23.
Another area of ongoing progress is related to actions taken to establish preventive
and compensation measures in the event of a disaster affecting the enjoyment of the human
rights to water and sanitation. In Costa Rica, the metropolitan aqueduct supply programme
includes a strategy to inform affected communities about the preventive, mitigation and
compensation measures in place. 29 One of these measures establishes compensation for
modifications in water sources due to underground excavations. The programme also
enables the participation of affected populations in the monitoring of project construction
and operation.
IV. Human rights in policies
24.
The human rights framework is a powerful tool that can be used in policymaking
and decision-making processes at the national level to implement human rights obligations.
As a policymaking tool, the human rights-based approach focuses on the interpretation of
legal, political, institutional and regulatory dimensions of human rights. By examining the
extent to which the human rights to water and sanitation framework is incorporated into
those dimensions, several gaps in human rights implementation can be identified and
addressed.
A.
Different levels and types of services
Special Rapporteur’s report on assessing different levels and types of service 30
1.
25.
In 2015, it was a time of transition from the Millennium Development Goals to the
Sustainable Development Goals. At that time, the discussion on levels of water and
28
29
30
8
Submission from Mexico.
Submission from Costa Rica.
A/70/203.
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