News Archive

UN Special Rapporteur’s visit to India

Visiting India at the crucial juncture of the rapid progress towards eliminating open defecation through the Clean India Mission (Swachh Bharat Abhiyan), the UN Special Rapporteur called on all levels of the Government of India to incorporate a human rights perspective in its national programmes on water and sanitation. “Everywhere I went, I saw the logo of the Clean India Mission – Gandhi’s glasses. In its third year of implementation, now is a critical time to replace the lens of those glasses with the human rights lens,” said Léo Heller, the UN Special Rapporteur on the human rights to safe drinking water and sanitation.

Read a short press release on the visit and the longer statement by Léo Heller at the end of the visit. The Special Rapporteur will submit a full report to the UN Human Rights Council in September 2018.

New resource: Checklist on the rights to water and sanitation

The Spanish Agency for International Development Cooperation (AECID) created a checklist to assess the inclusion of the human rights to water and sanitation in development projects. Initially designed as a tool to enable fund managers to analyse the content of cooperation projects, it can also be useful for practitioners working in development projects. The checklist addresses human rights principles and the normative criteria of the human rights to water and sanitation.

The checklist is available here.

 

Service regulation and the human rights to water and sanitation

This report by the Special Rapporteur on the human rights to water and sanitation, Léo Heller, focuses on the role of service regulation in the progressive realisation of the human rights to water and sanitation. The Special Rapporteur report first outlines the human rights obligations of States, regulatory actors and service providers in the context of service regulation. He provides an overview of the role of regulation in water and sanitation services, identifies different types of regulatory frameworks and discusses how they relate to the human rights standards. He discusses the core functions of regulatory actors. Finally, he presents recommendations to States and regulatory actors regarding those issues.

The report and a summary leaflet are available here:

http://www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/ServiceRegulation.aspx

Understanding menstrual hygiene management and human rights

Most women and girls will menstruate every month between menarche and menopause, yet this normal bodily function is still met with silence, taboos, and stigma. Women and girls the world over face numerous challenges in managing their menstruation, which should be a straightforward issue of privacy and health. Pads and other supplies may be unavailable or unaffordable, they may lack access to safe toilet facilities with clean water where they can clean themselves in privacy, and they face discriminatory cultural norms or practices that make it difficult to maintain good menstrual hygiene. Together, these challenges may result in women and girls being denied basic human rights.The practitioner’s guide explains how women’s and girls’ ability to manage their menstruation hygienically, and with normalcy and dignity, enables women and girls to enjoy certain human rights. For example, it addresses the rights to education, health, and water and sanitation, and how they relate to menstrual hygiene management.

The guide is available here:

www.menstrualhygieneday.org/wp-content/uploads/2017/08/WU-HRW_mhm_practitioner_guide_2017.pdf

Realisation of the human rights to water and sanitation in development cooperation

This report by the Special Rapporteur on the human rights to water and sanitation, Léo Heller, complements the first report on the realisation of the human rights to water and sanitation in development cooperation (A/71/302). In this report, the Special Rapporteur examines, through six case studies, how funders contribute to the realisation of the human rights to water and sanitation and respond to related challenges and gaps. He proposes the concept of a “human rights development cycle” as a framework for funders to safeguard and implement the human rights to water and sanitation in their development cooperation activities. In accordance with that framework, he provides a critical assessment of how funders incorporate the normative contents of the human rights to water and sanitation and human rights principles in their policies, strategies and operational tools, as well as how those rights are implemented in the project selection, design, implementation, assessment and monitoring stages.

The report is available here:

http://www.un.org/en/ga/search/view_doc.asp?symbol=A/72/127

New Human Rights Watch report on the right to sanitation

This HRW report provides a factual foundation for understanding the distinct nature of the right to sanitation and denigration of human dignity related to its violation by describing contexts in which women, men, and children struggle to realize their right to sanitation. It draws from more than a decade of Human Rights Watch research that highlights the wide variety of abuses and obstacles people encounter in trying to perform the simple act of safely relieving themselves with dignity, including deliberate acts of abuse or discrimination. Although not an exhaustive review of the right to sanitation, this research shows that the deprivation of the right to sanitation can exacerbate multiple human rights violations.

The report is available here:

https://www.hrw.org/report/2017/04/19/going-toilet-when-you-want/sanitation-human-right#6dd4c1

Thirsting for justice: New report reveals depth of discrimination faced by Europe’s Roma in accessing water

Budapest, 22 March 2017: Today the European Roma Rights Centre (ERRC) released its report – Thirsting for Justice: Europe’s Roma Denied Access to Clean Water & Sanitation, highlighting the shocking disparities between Roma and non-Roma in their access to water.

The report summarises research carried out by the ERRC, between 2014 – 2016, covering 93 Romani neighbourhoods and settlements in Albania, France, Hungary, Macedonia, Moldova, Montenegro, and Slovakia.

The human rights to water and sanitation are recognised by the United Nations General Assembly and the Human Rights Council, and require that States explicitly focus on the most disadvantaged and marginalized. However, our research reveals that large segments of Europe’s Roma continue to be denied or disadvantaged in their access to safe drinking water and sanitation. Even in states and regions where safe water supply and sanitation services were available to almost every non Roma household, we found that Roma populations are still often systemically discriminated against in their access to these essential services. In the sites we investigated, Roma living in legal settlements or neighbourhoods were no less likely to be deprived of water than those in unofficial sites.

In more than half of the places we visited (52.69%), the nearest water source was more than 150 m away. In some places, Roma were forced to walk several kilometres to access water. Distant water resources present a major risk to public health from insufficient sanitation. According to the World Health Organization (WHO), when the water source is more than one kilometer away from the home, not only is the volume of water collected likely to be very low; but basic consumption and hygiene practices are compromised to an extent that the risk to public health from poor hygiene becomes very high. Distant public pumps or fire hydrants, which are the only source of water for many Roma, are often managed by reluctant and hostile authorities, who frequently cut them off as soon as they find that Roma are using them.

For more than 40% of the Roma we surveyed, obtaining water necessitated using a dangerous route. Roma often have to get over fences and walls, cross highways, trespass on private property or be confronted by stray dogs in order to get their daily water. The burden of collecting this water falls mainly on women and girls, thus compounding their discrimination.

A near universal lack of indoor toilets means that women and girls also have to cross hazardous terrain and risk harassment by day and night, just to use a toilet. We found only 12% of Roma that had a functioning mechanical toilet, with over 75% using outdoor pit latrines. Frequently the only water source or dry toilet is shared with tens of other people at best.

In the absence of a public water supply, Roma often have no other choice but to rely on untreated and unprotected water sources like self-made wells, natural springs, and rivers, all of which can be a breeding grounds for diseases. These sources are rarely tested to ensure safety and are exposed to a wide range of contaminants, including from the dry toilets (pit latrines), insects, and animals. In some cases even when public water is accessible to Roma, it is still unaffordable for many.

“In many of these countries, there are often Roma living in the exactly the same legal conditions as non Roma, yet they still do not have access to clean water. This is nothing less than direct discrimination against my people. There can be no dispute that many European states are badly failing to meet their long-established international commitments to ‘ensure freedom from inhuman or degrading treatment, and to guarantee equality and non-discrimination.’

To be forced to live without running water and toilet today in Europe is inhumane and degrading. States must adopt laws that explicitly recognise the human right to water and sanitation, and ensure that everyone enjoys equal access to water.” said Đorđe Jovanović, ERRC president.

The full report, including our recommendations for State authorities and the European Commission is available here.

For more information contact:

Jonathan Lee Communications Officer European Roma Rights Centre jonathan.lee@errc.org +36 30 500 2118

Links between the Human Rights to water and sanitation and Water Governance

UN Member States have recognized the human rights to water and sanitation as part of binding international human rights law. In 2015, the right to sanitation was acknowledged as a distinct right, placing priority on its universal realization.The human rights-based approach stresses the correspondence between rights and obligations. Responsibilities and accountability, non-discrimination and disadvantaged groups are put in focus.

In this Issue Sheet the Water Governance Facility (WGF) explores the links between the Human Rights to water and sanitation and water governance. It also outlines the WGF activities related to the topic.

Slovenia: Constitutional right to water “must flow down to” Roma communities

A constitutional amendment guaranteeing the right to water for all must be fully implemented to benefit the lives of Slovenia’s Roma communities denied access to water, said Amnesty International.

Whilst the amendment passed today recognises that everyone has the right to drinking water, some Romani communities are still forced to fetch water from polluted streams or public taps and do not have access to adequate toilets.

“Enshrining access to drinking water as a constitutional human right is an important legal step forward for Slovenia, but Roma communities need more than legal changes. Action is now needed to ensure the changes flow down to all those without water and sanitation,” said Fotis Filippou, Amnesty International’s Deputy Europe Director.

“It is shocking that in a highly developed country like Slovenia, where almost 100 per cent of the population have access to safe water, some Roma communities struggle to collect even small amounts of water to drink, cook and bathe themselves and their families.”

Many Roma families in Slovenia live in informal settlements in inadequate and at times unsanitary housing conditions. Some do not have access to water close to their homes and have to travel long distances with jerry cans to get water from petrol stations, cemeteries or polluted streams. These conditions impact their lives and result in illnesses including water borne diseases.

In 2011 a government commission recommended that access to water should be provided to all Roma communities as matter of urgency, but no effective measures have so far been taken.

“The government must now ensure that the constitutional recognition that everyone has a right to drinking water leads to swift and concrete changes,” said Fotis Filippou.

“Failure to do so would not only be an abject dereliction of responsibility by the government but could also prove costly since the new amendment will strengthen the case of anyone challenging their lack of access to water in domestic courts.”

For more information please visit Amnesty International

Update from the UN Special Rapporteur on Human Rights to Water and Sanitation

The latest communication from Léo Heller, the UN Special Rapporteur on Human Rights to Water and Sanitation is below:

  1.     Recognition of human rights to water and sanitation

Firstly, the attentive among you may have recognized the change in my title. The General Assembly http://bit.ly/2drEiWH recognized the human rights to water and sanitation (plural) late last year in Resolution A/RES/70/169. More recently, the Human Rights Council also recognized the distinct rights in a new resolution http://bit.ly/2dPyVeY , meaning that my title has also changed accordingly to reflect the distinct rights. This is news to celebrate as I, like others http://bit.ly/2drFlpu , believe in the legal foundation and benefit of recognizing water and sanitation as two distinct but integrated rights.

  1.     Annual Reports

Secondly, I have published several reports in connection with the mandate this year. For the Human Rights Council, I have elaborated a report discussing gender equality in the human rights to water and sanitationhttp://bit.ly/2drD7GJ . I presented this report to the Council last month and I was happy to see that it was broadly well received.

For the General Assembly, I have completed the first of a two-part reporthttp://bit.ly/2cLLvwv  (the second part is still in development and will be published next year) on development cooperation and the human rights to water and sanitation. I will be presenting this report on 25 October at the General Assembly in New York.

I have performed one country mission so far this year. From 11 – 18 May 2016, I was assessing the situation on the human rights to water and sanitation in El Salvador. The full report http://bit.ly/2dPsbxU for that trip is available online, as well as the reports for the two trips that I performed last year to Botswana http://bit.ly/2dPtn4c and Tajikistanhttp://bit.ly/2dPsPeM . I am also booked to carry out a new mission to Portugal this December along with Special Rapporteur on adequate housing, Leilani Farha.

  1.     Recent events

Moving on to relevant events, I recently participated in a webinar organized by the Rural Water Supply Network in which I discussed, “Participation: The key to gender equality in the human rights to water and sanitation?http://bit.ly/2drBgBH . It was a great interactive opportunity for WASH experts and the broader public to become familiar with aspects of my report on gender equality. I was accompanied by two other speakers in two one-hour sessions, one in English and another in Spanish. Videos of both sessions will soon be available on RWSN’s video channelhttp://bit.ly/2eh1an2 .

  1.     Communications & press releases

This year I have taken a position on many cases of potential human rights violations, often with or in support of other Special Rapporteurs. Below is a brief summary of cases in which I have either made direct contact with a State regarding potential human rights violations or have issued a press release addressing situations of concern.

Communications to States (complete triannual reports are available herehttp://bit.ly/2drOu15 ; where there is no link to a response, one has not been provided)

  •      9 May 2016 – Spain http://bit.ly/2drRhHD – Alleged violations of the human rights to housing, water and sanitation, health, education and food of members of the Romani community. According to the information received, since 2005, approximately 435 people live in precarious and insalubrious conditions in an informal settlement known as “El Gallinero” in Madrid.

o   See the government’s response here http://bit.ly/2dPsPeJ .

  •      5 April 2016 – Flint (United States) http://bit.ly/2drQF55 – Alleged violations of the human rights of residents of Flint, Michigan, in the context of lead contamination of its water, including the rights to adequate housing, water and sanitation, and non-discrimination.
  •      2 March 2016 – Flint (United States) http://bit.ly/2drQmHd – Alleged high levels of lead found in water consumed by residents of Flint, Michigan; and allegations that Flint is not an isolated incident but that disproportionate health risks are faced by communities and/or people of lower socio-economic standing due to toxics, pollution and other hazardous substances and wastes in the United States of America.

o   See the government’s response here http://bit.ly/2dPstot .

  •      12 December 2015 – India http://bit.ly/2drSkYk – Alleged blockage at the Nepal-India border of vessels carrying essential goods resulting in a lack of basic supplies and services, including food, fuel, water and sanitation, and medical supplies and services available to the people of Nepal.

o   See the government’s response here http://bit.ly/2dxB5ov .

o   See attached the responses from Samarco http://bit.ly/2dxyY45 , Valehttp://bit.ly/2dxAcfw and BHP Billiton http://bit.ly/2dxAuDa .

  •      25 November 2015 – Guatemala http://bit.ly/2drR3QK  – Alleged violations of several human rights of at least 12,000 people living in 14 communities in the department of El Petén, Guatemala, due to contamination of the La Pasión River. Also, allegations of restrictions on the work of human rights defenders denouncing this situation.

o   See the government’s response here http://bit.ly/2dxBebi .

  •      24 November 2015 – Brazil http://bit.ly/2drQ0Al – Alleged detrimental human rights impact caused by the collapse of an ore tailing waste dam in Bento Rodrigues, a sub-district of Mariana municipality in Minas Gerais state belonging to Samarco Mining S.A., a joint venture between Vale S.A. and BHP Billiton Brazil Ltda.
  •      23 October 2015 – Haiti/United Nations http://bit.ly/2drQcQ1 – Letter sent in follow-up to the allegation letter transmitted to the United Nations Secretary General on 25 September 2014 concerning the cholera outbreak in Haiti in 2010. The letter expresses concern about the inability of the victims of the cholera outbreak to vindicate their rights and to obtain access to a remedy for the harms suffered to date.

o   See response from the UN here http://bit.ly/2dxzZc6 .

o   See the government’s response here http://bit.ly/2dPtz3u .

  •      14 August 2015 – Mexico http://bit.ly/2drSYoD  – Alleged impacts on the human rights of approximately 5 indigenous communities of the Yaqui peoples, located along the Yaqui River, caused by the Independencia Aqueduct.
  •      20 July 2015 – Argentina http://bit.ly/2drSgYy – Alleged violation of the human rights to water, sanitation and food. According to the information received, the residents of western La Pampa still lack an adequate access to water.

o   See the government’s response here http://bit.ly/2dPwFEI .

  •      14 July 2015 – Brazil http://bit.ly/2drRzyp – Alleged imminent eviction of approximately 20,000 persons residing in three urban informal settlements in the State of Minas Gerais.
  •      24 July 2015 – Brazil http://bit.ly/2drTmmY – Allegations concerning the inadequate response to the contamination and poisoning of the environment and citizens in Piquiá de Baixo, Açailândia, Maranhão State, Amazon Region, in follow-up to the Government’s response to the previous communication of 5 November 2014.
  •      29 July 2015 – Syria http://bit.ly/2drRM4F – Alleged disconnection of piped water supply in the city of Aleppo, Syria, for almost a month, resulting in a lack of adequate access to safe drinking water and sanitation at homes, hospitals and health facilities.

Press releases (these are merely a selection – all press releases can be accessed here http://bit.ly/2drFYPB

  1.     Shareable media

I have started the production of a series of leaflets covering diverse subjects related to the human rights to water and sanitation. The intention of these foldable leaflets is to make them adequate for wide distribution. For this reason I am making efforts to make them available in a variety of languages. The first in this series, available in PDF format in Englishhttp://bit.ly/2dK2C0U , French http://bit.ly/2dK2cYu & Spanishhttp://bit.ly/2dK3jr3 , covers the subject of eliminating inequalities in access to water and sanitation as a part of the SDGs. Subsequent leaflets are being prepared on the themes of some of my reports (e.g. gender equality, levels and types of services).

I am very interested in knowing if you have suggestions for other themes or types of shareable material!

In closing, let me remind you that my main page on the OHCHR websitehttp://bit.ly/2dK5gE0 is regularly kept up to date with my current and activities. I also encourage you to follow my Facebook pagehttp://bit.ly/2drYMym and Twitter account http://bit.ly/2dK5M4U (@SRWatSan).

More information is available on the RWSN blog