A new study of the scope and content of the human rights obligations related to the provision of safe drinking water and sanitation has been presented to the sixth session of UN's Human Rights Council meeting in September 2007.

The detailed study undertaken at the request of the Human rights Council by the Office of the UN High Commissioner for Human Rights. The report concludes:
"It is now time to consider access to safe drinking water and sanitation as a human right, defined as the right to equal and non-discriminatory access to a sufficient amount of safe drinking water for personal and domestic uses - drinking, personal sanitation, washing of clothes,food preparation and personal and household hygiene - to sustain life and health. States should prioritize these personal and domestic uses over other water uses and should take steps to ensure that this sufficient amount is of good quality, affordable for all and can becollected within a reasonable distance from a person's home."

The right to water and sanitation at the Human Rights Council

On the 21st of November of 2006 the Office of the United Nations High Commissioner for Human Rights (OHCHR) was requested by the Human Rights Council (HRC) to conduct a detailed study on the scope and content of the human rights obligations related to the equitable access to safe drinking water and sanitation under human rights instruments taking into account the views of States and stakeholders to be submitted prior to its sixth session.

The Report (1) of High Commissioner Louise Arbour was submitted on Monday the 17th of September 2007 introduced by the UN deputy High Commissioner for Human Rights Ms. Kyung-wha Kang. It discusses the scope, content, nature and monitoring of human rights State' obligations. It pointed to areas needing further elaboration and it ends with conclusions and recommendations to further strengthen and implement human rights obligations related to access to safe drinking water and sanitation.

The Commissioner noted that there were a considerable number of submissions to the consultation process. (2) As part of the process the work of NGOs included COHRE (3) who made four propositions: the appointment of a Special Rapporteur on water and sanitation to monitor and spread best practices; calling on OHCHR to provide technical support to States; calling on all States to ensure that the right to water and sanitation is reflected in national legislation; and urging action on this issue as a priority. COHRE representatives also highlighted the idea that the Human Rights Council should consider and adopt the Sub-Commission Guidelines for the Realization of the Right to Drinking Water and Sanitation. (4) The latter made COHRE participation relevant at the Sixth HRC session.

The debate on the High Commissioner Report has started and its study should be spread in order to be well prepared for a consensual resolution on the creation of a Special Rapporteur for which several States appear to be in favour and which is likely to be dealt with by the Council at its seventh session on March 2008.

Footnotes

1. http://www.crin.org/docs/HC_water_07.pdf
2. A list of the stakeholders participating at the Consultation meeting can be found in the Annex II of Centre on Housing Rights and Evictions
3. Centre on Housing Rights and Evictions
4. Centre on Housing Rights and Evictions COHRE statements for both the UN Open Consultation Meeting and the Sixth Human Rights Council can be found at COHRE and in this statement respectively.