Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation: It is Critical to Initiate Discussions to Explore the Inclusion of the Contamination of Aquatic Ecosystems as a Crime against Humanity

Pedro Arrojo-Agudo, Special Rapporteur on the human rights to safe drinking water and sanitation, this afternoon told the Human Rights Council that over-exploitation, land grabbing and contamination were not only breaking the sustainability of the world’s aquatic ecosystems, but were also breaking the human rights of the most impoverished.  He said it was critical to initiate discussions at the international level to explore the inclusion of the contamination of aquatic ecosystems among the crimes defined in the Rome Statute as crimes against humanity.

Mr. Arrojo-Agudo said the world was facing a paradoxical crisis on Planet Water, the Blue Planet, with 2 billion people without guaranteed access to safe drinking water.  It was necessary to move towards a new model of environmental regeneration, based on the paradigm of sustainability, while promoting water governance based on a human rights approach.  Aquatic ecosystems had provided the natural supply network for human settlements for tens of thousands of years, and remained vital, especially for rural communities and indigenous peoples.  Today, however, over-exploitation, land grabbing and contamination were not only breaking their sustainability, but were also breaking the human rights of the most impoverished.

The contamination of aquatic ecosystems by heavy metals and other toxins generated by legal and illegal mining, and other production activities, continued to grow in all continents, Mr. Arrojo-Agudo said.  Mining discharged more than 180 million tonnes of highly toxic waste into rivers every year, poisoning hundreds of millions of people.  It was critical to initiate discussions at the international level to explore the inclusion of these actions among the crimes defined in the Rome Statute as crimes against humanity.  It was also necessary to approve and regulate the crime of ecocide, which could also be applied to this type of massive pollution. 

Mr. Arrojo-Agudo highlighted that the unsustainable growth of irrigation, with over-exploitation of aquifers and toxic contamination by pesticides, was also breaking the sustainability of ecosystems, leaving millions of people without drinking water and ruining aquifers as strategic reserves.  The privatisation of water favoured the bankruptcy of the sustainability of ecosystems, while affecting the human rights of the most impoverished.  Climate change also contributed to breaking the sustainability of aquatic ecosystems.

He spoke of his visits to Peru and Tunisia.  Peru and Tunisia spoke as countries concerned.

In the discussion, some speakers said that access to safe and clean drinking water and sanitation were human rights.  These rights entitled everyone, without discrimination, to have access to sufficient, safe, acceptable, accessible and affordable water and sanitation.  Water played a key role in guaranteeing access to food and health for all, in particular the most vulnerable, but challenges persisted due to, among others, ecosystem degradation and climate change.  The vision of the Special Rapporteur was that the roots of the water crisis lay in the lack of a sustainable development model.  Pollution, over-exploitation and mismanagement of freshwater were key causes to the ongoing water and sanitation crises: dealing with these crises and restoring the health of aquatic systems was also crucial to fulfilling the human rights of persons living in poverty, including of persons in vulnerable situations, preserving dignity, and ensuring health, with sustainable development for all. 

A number of speakers said the impacts of climate change, droughts, floods and other risks affecting the ecosystem were other challenges that governments must consider, by empowering the population to become resilient to these extreme events.  All actors must be involved in the process of sustainable management of water to protect the health of the people and to guarantee a better life for all.  Water management must be a leading priority for all future projects, whether national or international. Access to safe drinking water was not only a key element for the health of all, but also a guarantee of peace.

Speaking in the discussion were European Union, Maldives on behalf of a group of countries, Libya on behalf of the Arab Group, Iceland on behalf of a group of countries, Oman on behalf of the Gulf Cooperation Council, Haiti on behalf of a group of countries, Sovereign Order of Malta, United Arab Emirates, Portugal, Egypt, Slovenia, Costa Rica, United Nations Children's Fund, Germany, Libya, Ukraine, Chile, France, Holy See, Jordan, Kuwait, Georgia, Paraguay, Switzerland, Gabon, Colombia, United States, Honduras, China, Malawi, Malaysia, State of Palestine, Armenia, United Nations Population Fund, Indonesia, Romania, Russian Federation, South Africa, Cameroon, Bangladesh, Burkina Faso, Pakistan, Saudi Arabia, Tanzania, Panama, Morocco, Djibouti, Algeria, Cuba, Togo, Venezuela, Ethiopia, Senegal, Jamaica, Mauritius, Spain, Mauritania, Kenya, Mozambique, Mali, Hungary, India, Vanuatu, Bolivia, Viet Nam, Azerbaijan, Kazakhstan, Sudan, Cambodia, Cabo Verde, Iran, Organization of Islamic Cooperation, United Nations Educational, Scientific and Cultural Organization, Iraq and the Democratic People’s Republic of Korea.

Also speaking were the Indian National Human Rights Commission as well as the following non-governmental organizations: Minority Rights Group, Franciscans International, Global Institute for Water, Environment and Health, Associazione Comunita Papa Giovanni XXIII, FIAN International, iuventum e.V., PRATYEK, Centre Europe–Tiers Monde, Institute for Reporters' Freedom and Safety, and Amity Foundation.

Speaking in exercise of right of reply were Democratic People's Republic of Korea, Japan, Azerbaijan, Lithuania, Armenia, Israel, China, Republic of Korea, and State of Palestine.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The next meeting of the Council will be at 10 a.m. on Friday, 15 September, when it is scheduled to hold an interactive dialogue with the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, to be followed by an interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons.

Interactive Dialogue with the Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation

Reports

The Council has before it the report of the Special Rapporteur on the human rights to safe drinking water and sanitation on fulfilling the human rights of those living in poverty and restoring the health of aquatic ecosystems: two converging challenges (A/HRC/54/32), and the two annexes to his report on his country visits to Tunisia (A/HRC/54/32/Add.1) and to Peru (A/HRC/54/32/Add.2).

Presentation of Reports

PEDRO ARROJO-AGUDO, Special Rapporteur on the human rights to safe drinking water and sanitation, said the world was facing a paradoxical crisis on Planet Water, the Blue Planet, with 2 billion people without guaranteed access to safe drinking water.  It was necessary to move towards a new model of environmental regeneration, based on the paradigm of sustainability, while promoting water governance based on a human rights approach.  Aquatic ecosystems had provided the natural supply network for human settlements for tens of thousands of years, and remained vital, especially for rural communities and indigenous peoples.  Today, however, over-exploitation, land grabbing and contamination were not only breaking their sustainability, but were also breaking the human rights of the most impoverished.

The contamination of aquatic ecosystems by heavy metals and other toxins generated by legal and illegal mining, and other production activities, continued to grow in all continents.  Mining discharged more than 180 million tonnes of highly toxic waste into rivers every year, poisoning hundreds of millions of people.  It was critical to initiate discussions at the international level to explore the inclusion of these actions among the crimes defined in the Rome Statute as crimes against humanity.  It was also necessary to approve and regulate the crime of ecocide, which could also be applied to this type of massive pollution. 

Mr. Arrojo-Agudo said the unsustainable growth of irrigation, with over-exploitation of aquifers and toxic contamination by pesticides, was breaking the sustainability of ecosystems, leaving millions of people without drinking water and ruining aquifers as strategic reserves.  The privatisation of water favoured the bankruptcy of the sustainability of ecosystems, while affecting the human rights of the most impoverished.  Climate change also contributed to breaking the sustainability of aquatic ecosystems.

The recognition of the human right to a healthy environment, and in particular to aquatic ecosystems in good condition, thus came into convergence with the fulfilment of the human rights to drinking water and sanitation, and was in tune with the ancestral wisdom of indigenous worldviews that today promoted the recognition of legal personality to rivers and aquatic ecosystems essential for their survival.

With regard to his visit to Peru, the top two concerns focused on Peru's alarming vulnerability to climate change, and the massive toxic pollution of waters by heavy metals.  The destruction of aquifers, wetlands and cloud forests in river headwaters by large-scale mining aggravated the disappearance of Andean glaciers on river flows, multiplying the impact of droughts and floods caused by El Niño and La Niña on the coastal strip.  Mr. Arrojo-Agudo recommended activating existing climate change adaptation plans, with mandatory measures, including effectively implementing legislation to protect river headwaters and to prevent overexploitation of aquifers.  He also recommended a moratorium on new mining concessions in river headwaters.  Peru, with great efforts, provided water coverage to 91 per cent of the population.  However, only 39 per cent received well-chlorinated water. 

As far as Tunisia was concerned, there were three key issues: the overexploitation of water resources in the face of climate change; the noted priority of productive demands over rural drinking water; and water pollution in networks and lack of sanitation.  With surface water being used intensively in the capital and along the coast, groundwater had fuelled urban growth through thousands of unmetered wells, 64 per cent of which were illegal.  In two decades, Tunisia had gone from using 83 per cent of its renewable resources to 131 per cent, which was suicidal over-exploitation.  The Government needed to prioritise drinking water over productive uses, especially in rural areas.  Thanks to commendable efforts, the connection rate to water networks was 85 per cent.  However, a 2019 study found that only 57 per cent of households received safely managed water; the rest were frequently cut off or the quality was poor. 

Statements by Countries Concerned

Peru, speaking as a country concerned, said the invitation that resulted in the visit of the Special Rapporteur was issued as part of the open invitation Peru had extended to all the Special Procedures.  All facilities had been provided to ensure that it could take place, with a diversity of interlocutors.  The mandate sought to ensure full exercise of the right.  Peru had studied the report and recommendations in detail, and detailed comments and responses had been issued as clarifications needed to be factored in.  There were a number of discrepancies in the remarks made by the Special Rapporteur and the way in which they were presented: arguments made in a generic, vague, and perception-based fashion were objected to. 

The code of conduct for mandate holders said that there should be an impartial assessment, with information provided by the State.  The report did not reflect all the parameters, nor did it reflect the major investments made by Peru.  Peru hoped the visit of the Special Rapporteur would help bolster the efforts made by the country.  Since the visit, significant progress had been made - a multi-sectoral group to assess water quality had been established, among other advances, bringing together national and local authorities.  Peru was committed to guaranteeing the right to sufficient healthy and clean water and ensuring that all the population could have access to this right without discrimination.

Tunisia, speaking as a country concerned, said Tunisia had taken note of the recommendations in the report.  The right to water in Tunisia was a fundamental right, incorporated in the Constitution, which provided that the Government should provide water supplies to one and all on an equal footing, whilst protecting water resources for future generations.  The water sector had national action plans to back it up and tapped the national budget to manage water resources, ensuring that they were rationally used.  There had been 100 per cent improvement in urban regions and 110 per cent improvement in rural regions. 

The educational institutions had a programme covering water supply and drainage.  The efforts made by the national office made it possible to connect households to drainage networks.  This had involved the participation of rural women.  The impact of climate change and the frequency of years of drought and low rainfall had led to increasing scarcity of rainfall and water resources.  Work was being done to raise awareness among users of proper water use, and a strategic plan was being created to better organise catchment basins.  These challenges had not affected water quality, which was in keeping with international standards.

Discussion

Some speakers said that access to safe and clean drinking water and sanitation were human rights.  These rights entitled everyone, without discrimination, to have access to sufficient, safe, acceptable, accessible and affordable water and sanitation.  Water played a key role in guaranteeing access to food and health for all, in particular the most vulnerable, but challenges persisted due to, among others, ecosystem degradation and climate change.  By highlighting access to clean water and sanitation as a human right, the Special Rapporteur emphasised the need for universal accessibility, non-discrimination and accountability.

The vision of the Special Rapporteur was that the roots of the water crisis lay in the lack of a sustainable development model.  A number of speakers said that at the half-way point of the implementation of the 2030 Agenda and the Water Action Decade, it was unacceptable that 2 billion people on the planet did not have access to safe and affordable drinking water and 3.6 billion lacked access to adequate and equitable sanitation.  The implementation of Sustainable Development Goal six needed to be accelerated through a United Nations system-wide inclusive and democratic water governance based on a human rights approach that promoted transparency, public participation and accountability.

Some speakers said pollution, over-exploitation and mismanagement of freshwater were key causes to the ongoing water and sanitation crises: dealing with these crises and restoring the health of aquatic systems were also crucial to fulfilling the human rights of persons living in poverty, including of persons in vulnerable situations, preserving dignity, and ensuring health, with sustainable development for all.  There needed to be respect for international law when it came to the management of cross-frontier waters.  The over-exploitation and pollution of aquatic ecosystems as well as mismanagement of rivers, lakes, wetlands and aquifers and their impact on the realisation of the right to safe and clean drinking water and sanitation was of great concern.  These impacts were disproportionate in territories of those who suffered marginalisation and discrimination.

One speaker said it was important to highlight the disproportionate burden that fell on certain groups, including small island developing States, and on women and girls, in relation to water and sanitation – a reality that needed to be considered to achieve access to safe and clean drinking water and sanitation for all.  Unacceptable inequalities such as these should be rejected.  Equal access to drinking water and sanitation went hand in hand with the importance of climate change adaptation strategies to counter the increasing risks of drought and floods caused by climate change. 

It was clear that democratic water governance based on a human rights approach was needed, paving the way to a new environmental regeneration model based on sustainability.  The risk of water pollution must be addressed through every means possible, and more practical and effective measures to combat toxic water pollution in developing countries must be taken, whilst addressing the issue of wastewater and developing solutions.  Only through the concerted efforts of all stakeholders, in a spirit of international solidarity, would the international community be able to ensure the availability, accessibility, affordability and sustainability of drinkable water and sanitation facilities for all.

Several speakers noted that they shared the view in paragraph 57 of the report on the need for strengthening the resilience of aquatic ecosystems.  In this context, they strongly urged all Member States and all other stakeholders to increase their action towards the achievement of Sustainable Development Goal six.  The benefits of the international community’s joint action in the management of water resources would redound to current and future generations.

Many speakers elaborated on national measures taken to protect aquatic ecosystems in their countries.

The impacts of climate change, droughts, floods and other risks affecting ecosystems were other challenges that governments must consider, by empowering the population to become resilient to these extreme events.  All actors must be involved in the process of sustainable management of water to protect the health of the people and to guarantee a better life for all.  Access to safe drinking water was not only a key element for the health of all, but also a guarantee of peace.

Water management must be a leading priority for all future projects, whether national or international.  A blueprint for cities included the need to address environmental issues, create clean, green, sustainable urban environments, and rejuvenate aquatic ecosystems, with an inclusive urban development plan placing a strong emphasis on eco-friendly infrastructure, covering areas such as urban transportation, road networks, flood management, waste disposal, poverty alleviation, climate change mitigation, and a range of other initiatives designed to foster environmental and social well-being.

Among questions raised was: how could the international community effectively anchor a human rights perspective to the international goals and targets related to water; indigenous peoples had effectively protected aquatic ecosystems through their worldviews, practices and knowledge - how could this be taken better into account; was the Special Rapporteur already envisaging concrete steps with regard to the suggestion to discuss the inclusion of water pollution, over-exploitation, and mismanagement of water resources in the list of crimes against humanity as defined in the Rome Statute; was there any international cooperation in the field, and in what areas mentioned in the report would it be important to bolster that cooperation; how did the Special Rapporteur suggest that States effectively addressed industrial pollution while ensuring the livelihood and economy of the people; how could development be accelerated in countries lacking adequate infrastructure and technology to secure the right to safe drinking water and sanitation; and did the Special Rapporteur envisage any further concrete actions in view of a possible definition of systematic toxic contamination as a crime against humanity?

Concluding Remarks

PEDRO ARROJO-AGUDO, Special Rapporteur on the human rights to safe drinking water and sanitation, said he wished to thank all for the attention paid to the reports, and for the avalanche of interventions, demonstrating the interest of Member States in the topic.  His upcoming report to the General Assembly covered, among other topics, situations where water was used as a weapon of war, and transborder water issues.  During his visits, it had been his practice to assist and help in identifying problems and best practices, not aiming to shame but to find solutions.  If on certain occasions he made criticisms and did not place enough emphasis on good practices, he craved the indulgence of Member States, as it was not his intent to do so.  His reports were subject to interviews at all levels and study of in-depth data provided by many groups, including civil society organizations. 

What happened in Libya could happen tomorrow in any other country, as dams were not built with climate change in mind.  On climate change, in general, it was essential to strengthen the resilience of aquatic systems to minimise the risks to human drinking water and sanitation.  Strengthening aquifers, repairing wetlands and wet ecosystems was key to dealing with flooding.  The responsibility for this lay with everyone, but especially the most developed countries.  The role of women was key, and the role of indigenous women as defenders of rivers had been highlighted before.  There was a need to decisively confront the terrible and growing problem of toxic contamination of rivers and aquifers, which led to the poisoning of millions, especially children.  There must be a global discussion on this, as well as to define the crime of ecocide under international laws, and that contamination of water was a crime against humanity.  It was not acceptable to let children be poisoned: the international community must react right now.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/09/la-planete-compte-2-milliards-de-personnes-sans-acces-garanti