In September 2008, the Human Rights Council appointed Catarina de Albuquerque as the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation. She began her mandate on 1 November 2008.

The position was created through the Human Rights Council Resolution 7/22, March 2008.

 The main areas of the mandate reflect issues that were highlighted as requiring further elaboration in the  High Commissioner for Human Rights’s Report . These are:

-  the normative content of human rights obligations in relation to access to sanitation

-  the human rights obligations attached to the elaboration of a national strategy on water and sanitation

-  the regulation of the private sector in the context of private provision of safe drinking water and sanitation

-  criteria to protect the right to safe drinking water and sanitation in case of disconnection

-  the specific obligations of local authorities

The Resolution appoints the position for a period of three years, and requires the independent expert to submit a report, including conclusions and recommendations, to the Council at its tenth session. The Resolution confirmed the Independent Expert’s mandate to be:

(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.

The Independent Expert decided to focus her first report, March 2009, on the human rights obligations related to sanitation. In this report she argued that ‘the area of sanitation has not been adequately analysed from a human rights perspective’.

The Independent Expert’s second report, June 2010, focuses on the human rights obligations and responsibilities of non state service providers. This is an issue in need of clarification as many governments choose to privitise their water and sanitation sectors.

The office of Catarina de Albuquerque is currently undertaking a further review in good practices.

The appointment of an Independent Expert means that the UN human rights system now has a separate mechanism exclusively dedicated to issues related to the right to water and sanitation. The resolution also confirms that governments have obligations to ensure access to safe drinking water and sanitation under international human rights law. Catarina de Albuquerque has already conducted a number of country visits, where she examines the state of water and sanitation at the national and local level, identifies  good practice, makes recommendations to the government on steps to improve access and to ensure protection of the human rights.

Following her mandate she communicates with civil society organisations to identify, promote and exchange views on best practices related to access to safe drinking water and sanitation.

The Independent Expert can therefore be used as a tool to voice concerns over specific issues.