Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation

In March 2008, the Human Rights Council, by its resolution 7/22, decided to appoint an Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation. At its September 2008 session, the Human Rights Council appointed Ms. Catarina de Albuquerque as Independent Expert, for a period of three years. Ms. de Albuquerque will take up her functions on 1 November 2008.

The Independent Expert is tasked with the following:

(a) To develop a dialogue with Governments, the relevant United Nations bodies, the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, to identify, promote and exchange views on best practices related to access to safe drinking water and sanitation, and, in that regard, to prepare a compendium of best practices;

(b) To advance the work by undertaking a study, in cooperation with and reflecting the views of Governments and relevant United Nations bodies, and in further cooperation with the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, on the further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation;

(c) To make recommendations that could help the realization of the Millennium Development Goals, in particular of Goal 7;

(d) To apply a gender perspective, including through the identification of gender-specific vulnerabilities;

(e) To work in close coordination, while avoiding unnecessary duplication, with other special procedures and subsidiary organs of the Council, relevant United Nations bodies and the treaty bodies, and taking into account the views of other stakeholders, including relevant regional human rights mechanisms, national human rights institutions, civil society organizations and academic institutions;

Background

In its Decision 2/104 on Human Rights and Access to Water, the UN Human Rights Council requested:

"(...) the Office of the United Nations High Commissioner for Human Rights, taking into account the views of States and other stakeholders, to conduct, within existing resources, a detailed study on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, which includes relevant conclusions and recommendations thereon, to be submitted prior to the sixth session of the Council.”

As part of the consultation process, OHCHR sought written submissions from various stakeholders. Over 90 responses were received from States, intergovernmental organizations (IGOs), local governments, National Human Rights Institutions (NHRIs), non-governmental organizations (NGOs), the business sector, universities and individuals. These contributions included responses to the OHCHR questionnaire, along with publications, articles and books.

Contributions received

OHCHR also held a consultation on 11 May 2007 on human rights and equitable access to safe-drinking water and sanitation, which focused on the scope and content of human rights obligations to provide access to safe-drinking water and sanitation. The report of the consultation outlines the main points raised during the discussion.

The inputs received during the consultation process have informed the drafting of the study.

Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments

Useful links:

Human Rights Council Decision 2/104 - Human Rights and Access to Water, in English, French and Spanish

Human Rights Council Resolution 7/22 - Human rights and access to safe drinking water and sanitation, in English

General Comment No. 15 of the UN Committee on Economic, Social and Cultural Rights

Sub-Commission's Guidelines for the Realization of the Right to Drinking Water and Sanitation adopted by the UN Sub-Commission for the Promotion and Protection of Human Rights, August 2006

OHCHR, WHO, COHRE, CESR, Water Aid, The Right to Water, 2003

UNDP, Human Development Report 2006: Beyond scarcity: Power, poverty and the global water crisis

Contact:

Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
OHCHR, United Nations
1211 Geneva 10
Switzerland
Email: iewater@ohchr.org