Human Rights Council holds interactive dialogue with Experts on safe drinking water and sanitation and on hazardous wastes

Human Rights Council
MIDDAY/AFTERNOON 

9 September 2014

Hears from Commissioner for Human Rights in Mauritania, Concludes Dialogue on Human Rights of Older Persons and on Contemporary Forms of Slavery

 
The Human Rights Council this afternoon held a clustered interactive dialogue with Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation, and Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. 
 
The Council also concluded its clustered interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons and with the Special Rapporteur on contemporary forms of slavery, and heard an address from Aichetou Mint M’Haiham, Commissioner for Human Rights and Humanitarian Action in Mauritania.
 
Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation, said in the last six years she had been confronted with a multitude of human rights violations, which were often not perceived as such.  Key components of the human rights to water and sanitation were still too often viewed primarily as aspirational policy goals. 
 
Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that protecting human rights from hazardous chemicals and wastes was growing more challenging by the day due to the accelerating production of chemicals and wastes around the world which clearly suggested the likelihood of an increasing threat to the full enjoyment of human rights, particularly of the most vulnerable.
 
Brazil and Jordan spoke as concerned countries. 
 
In the discussion that followed, speakers welcomed the report by the Special Rapporteur on the human right to safe drinking water and sanitation and the precisions regarding the scope of the violations of the right to water and sanitation.  Speakers presented initiatives undertaken at the national level to ensure safe and universal access to water and sanitation, and underlined the necessity to guarantee access to justice for victims of violations of the right to safe drinking water and sanitation.
 
On the management of hazardous waste, speakers underlined the negative impacts of mismanagement of hazardous waste on human rights and welcomed the announcement by the Special Rapporteur that he would focus his next report on the right to access information.  

Speaking in the interactive dialogue were Uruguay on behalf of the Blue Group, Pakistan on behalf of the Organization of Islamic Cooperation, European Union, Costa Rica on behalf of the Community of Latin American and Caribbean States,  Ethiopia on behalf of the African Group, India, Morocco, Côte d’Ivoire, Sierra Leone, Portugal, China, Costa Rica, Thailand, Syria, Russia, Uruguay, Bolivia, Netherlands, Chile, Latvia, Venezuela, Ethiopia, Norway, Spain, Iraq, Germany, Slovenia, United Nations Environmental Programme, Nepal, Maldives, Barbados, Mali, Algeria, Suriname, Bangladesh, Ireland, Tuvalu, Madagascar, Switzerland, Saudi Arabia, Ecuador, South Africa, Finland, Nigeria and Egypt.
 
The following national human rights institutions and non-governmental organizations also took the floor: National Council for Human Rights of Morocco, Global Initiative for Economic, Social and Cultural Rights, Article 19, Defense for Children International, International Association of Democratic Lawyers, Amnesty International, Human Rights Now, Franciscans International and Liberation.
 
Also today the Council heard an address from Aichetou Mint M’Haiham, Commissioner for Human Rights and Humanitarian Action in Mauritania, who underlined her country’s commitment to the promotion and protection of human rights and presented recent efforts made by the Mauritanian authorities to improve the human rights situation on the ground as well as to foster their cooperation with United Nations human rights mechanisms. 
 
The Council also concluded its clustered interactive dialogue with Rosa Kornfeld, the Independent Expert on the enjoyment of all human rights by older persons, and with Urmila Bhoola, the Special Rapporteur on contemporary forms of slavery. 
 
In the discussion, speakers underlined the importance of protecting older persons from violations of their rights through the adoption of national legislation and concrete measures.  Some speakers expressed the view that an international legally binding instrument was a necessity to address the specific needs and vulnerability of older persons.  Other speakers believed that the further categorization of rights holders would threaten the universality of human rights.  Speakers underlined the necessity for the Independent Expert to collaborate with other United Nations mechanisms and avoid duplication of work.  On contemporary forms of slavery, speakers welcomed that the Special Rapporteur had decided to focus her work on the role of transnational corporations in the fight against slavery, and particularly forced labour.  Speakers also insisted on the need to address gender inequalities and focus on women and girls empowerment as well as poverty reduction. 
 
Speaking in the interactive dialogue were China, Cuba, Iran, Namibia, Ireland and Thailand, Costa Rica, South Africa, Slovenia, United Arab Emirates, Belgium, Portugal, Ecuador, Sri Lanka, Chile Malaysia, Latvia, Italy, Paraguay, Sovereign Military Order of Malta, Botswana, Algeria, Greece, Morocco, United States, United Nations Children’s Fund, Egypt, Philippines, Holy See, Argentina, Australia and United Kingdom.
 
The following national human rights institutions and non-governmental organizations also took the floor: International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, National Council for Human Rights of Morocco,  Equality and Human Rights Commission, Caritas Internationalis, Quakers, United Schools International, World Barua Organization, International Longevity Centre Global Alliance, Liberation, HelpAge International, International Humanist and Ethical Union, International Catholic Child Bureau, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, International Network for the Prevention of Elder Abuse, Centre for Environmental and Management Studies, and IDPC Consortium.
 
In concluding remarks, Rosa Kornfeld-Matte, Independent Expert on the Enjoyment of All Human Rights by Older Persons, said that there was a need for a mechanism for older persons to exercise their autonomy and reassured the members of the Council that all efforts would be undertaken to avoid duplicating initiatives already underway and create synergies with other mechanisms.  In terms of next steps, she would engage with States and non-State actors, as well as with the elderly themselves in order to better understand their situation.
 
Urmila Bhoola, Special Rapporteur on contemporary forms of slavery, in concluding remarks reiterated her commitment to continue engaging with the private sector in order to eliminate exploitative labour and slavery-like practices.  She intended to pursue the recommendations made by her predecessor, ensure synergies with other mandate-holders, and make efforts to avoid duplication with other initiatives.  Her work would focus on the link between poverty and slavery, and the gender specific dimensions of slavery.
 
The Experts on the rights of older persons and on contemporary forms of slavery presented their reports on 8 September and the summary of their presentations as well as the beginning of the interactive dialogue can be found here.
 
At the end of the day, Japan and China spoke in right of reply in response to statements made today during the interactive dialogues. 
 
The Human Rights Council will next meet on Wednesday, 10 September at 9 a.m., when it will hold a panel discussion on the protection of the human rights of persons deprived of their liberty.  At noon, it will continue its interactive dialogue with the Special Rapporteur on the human right to safe drinking water and sanitation and  the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. 
 
Statement by the Commissioner for Human Rights and Humanitarian Action of Mauritania
 
AICHETOU MINT M’HAIHAM, Commissioner for Human Rights and Humanitarian Action of Mauritania, expressed congratulations to the Council for all efforts to promote human rights across the world and across the board.  The new High Commissioner for Human Rights was also congratulated as he took up his duties.  Mauritania was now a country that observed the rule of law.  All rights were protected and enjoyed and the situation was much better.  The President had pioneered a new approach and great headway had been made, particularly in the area of human rights.  The new Government was determined to continue all measures already underway to promote and protect human rights.  It was looking forward to strengthening the social fabric and social cohesion.  The Government supported the Durban Plan of Action and was working hard with the Office of the High Commissioner for Human Rights.  A special court/tribunal on servitude and slavery had also been established.  Both of these crimes were criminalized under the Constitution.  Mauritania had also established the necessary technical committee which was establishing a work plan.  This body would soon put together a timetable for action.
 
Mauritania was wedded to the idea of supporting all human rights in the country.  It had submitted reports to all the relevant committees and commissions and had succeeded in implementing the majority of the recommendations of the Treaty Bodies.  Huge and positive strides forward had been made.  In order to speed up the timely submission of reports, a multi-sectoral technical committee had been set up.  The importance attached by the Government to continuing to deliver up on international development goals and human rights was expressed.

Interactive Dialogue with the Independent Expert on the Rights of Older Persons and the Special Rapporteur on Contemporary Forms of Slavery
 
China said that there was an ancient tradition in China to take care of and respect the elderly, and hoped that the Independent Expert on the Enjoyment of all Rights by Older Persons would take different cultures and levels of development between countries into consideration.  China hoped that the Special Rapporteur on Contemporary Forms of Slavery would take due consideration of women being forced into sex slavery during World War II and make recommendations to the relevant countries.  Cuba said that contemporary forms of slavery affected developed countries and all populations.  Iran said that a number of human rights issues concerning older persons had not been given due consideration in existing international human rights instruments.  Iran was concerned about women being forced into slavery.
 
Namibia believed that older persons were important for the perpetration of culture and memory, and that States should be encouraged to implement the Madrid Plan of Action on Aging.  Namibia asked how to conduct awareness raising campaigns among older persons from remote areas with high levels of illiteracy.  With regards to the rights of older persons, Ireland was concerned that further division or categorization of right holders might be counterproductive in terms of undermining the universality of human rights.  Ireland also welcomed the decision by the Special Rapporteur on Contemporary Forms of Slavery to include business, including transnational corporations, as an area of focus in his work.  Thailand was committed to ensure the right to the highest attainable standard of physical and mental health for older persons without discrimination.  Thailand was also convinced that one of the root causes of slavery was the lack of education and recognized the importance of education in empowering women and girls. 
 
Costa Rica spoke about the global shift towards an ageing population and its own policies to support the needs of older persons: more than seven per cent of its population was aged over 60.  Costa Rica urged the Special Rapporteur on contemporary forms of slavery to consider especially debt bondage, domestic servitude, early and/or forced marriage and servile marriage.  South Africa spoke about the common African position on the rights of older people of African descent, describing their valuable contributions not only to families but to wider communities.  South Africa welcomed work by the Special Rapporteur on contemporary forms of slavery to tackle forced labour in global supply chains.
Slovenia said older persons were often seen as a burden for the community and the advantages they brought to the community when they fully enjoyed all their rights were not taken into account.  Slovenia supported an internationally binding document for the rights of older persons. 
 
United Arab Emirates said the rights of older persons was an important issue that it paid great attention to, highlighting especially the challenge of illiteracy among older women.  Given its huge labour market and access location, the United Arab Emirates prioritized tackling contemporary forms of slavery.  It had criminalized slavery and slavery-like practices and launched a number of social programmes to combat it alongside the legislation.  Belgium said business and human rights was a priority area, particularly the use of forced labour in global supply chains.  Belgium spoke about its national action plan to that end, and said preventing forced marriage was a key element for prevention.  Gender equality and mainstreaming must be included in the sustainable development goals.   Portugal said it had taken a number of measures to promote the rights of older persons, such as increasing minimum pension levels and improving access to medicines and healthcare.  It asked about the key areas that States should focus on to improve shortcomings preventing older persons from fully enjoying their rights.
 
Remarks by the Independent Expert on the Rights of Older Persons and the Special Rapporteur on Contemporary Forms of Slavery
 
ROSA KORNFELD-MATTE, Independent Expert on the Enjoyment of all Rights by Older Persons, said that she intended to carry out in-depth research on domestic legal and political spheres around the world in order to identify gaps and good practices on the protection of the rights of older persons, including older persons from marginalized or isolated groups.  She would issue reports containing information on those gaps and good practices as well as recommendations to address them. 
 
URMILA BHOOLA, Special Rapporteur on Contemporary Forms of Slavery, welcomed expressions of support and comments made in regards to the substantive areas identified as key areas as well as to the field visits carried out.  With regards to the role of transnational corporations in modern forms of slavery, she welcomed remarks made on the importance of the United Nations Guiding Principles on Business and Human Rights and on the need for the Special Rapporteur to collaborate with the Working Group on the issue of human rights and transnational corporations and other business enterprises.  She also welcomed the support for her engagement with all stakeholders, including civil society organizations and corporations.  She underlined the need for corporations to adopt codes of good conduct, and for their staff to be trained on risks of exploitation. 
 
Interactive Dialogue with the Independent Expert on the Rights of Older Persons and the Special Rapporteur on Contemporary Forms of Slavery
 
Ecuador spoke about its 2012 Equality Agenda for Older Persons which gave a framework for a qualified and dignified life, including healthcare and housing.  Ecuador reiterated its commitment to the development of an international instrument on transnational corporations and human rights.  Sri Lanka said that as the south-east Asian country with the largest projected ageing rate and the fourth best country in Asia for the quality of life of elderly citizens, it assured the Independent Expert that it had already taken on board many of her priorities.  Chile spoke about the continued relevance of the Madrid International Action Plan on Ageing from 2002, particularly enabling health and wellbeing, as well as protective environments.
 
Malaysia noted the Independent Expert’s coordination with the Working Group on Ageing in New York to avoid duplication.  It outlined its new National Policy for Older Persons and its emphasis on the health and well-being of older persons to enable them to lead independent as integral members of their families, communities and country.  Italy said the work of the Independent Expert on Ageing and the Open Working Group on Ageing, which met in New York last month, could mutually benefit each other if duplications were avoided.  Italy asked the Independent Expert which were the best ways to promote inter-generational solidarity and to eradicate stereotypes which often affected older persons.  Latvia commended the Special Rapporteur on contemporary forms of slavery for her work and thanked her for her comprehensive report.  It asked the Special Rapporteur for her views on how new media and information technology could be used to tackle the challenges. 
 
Paraguay regretted that there was no specific international protection regime for the protection of the rights of older persons, and underlined the necessity for the Independent Expert to cooperate with the Open-Ended Working Group in order to avoid the duplication of work.  Sovereign Military Order of Malta regretted that religions had not been listed as actors in the fight against slavery.  On the rights of older people, the Sovereign Military Order of Malta demanded the Independent Expert’s views on the right to life and to a dignified death.  Botswana asked for information about the reference by the Independent Expert on the Enjoyment of all Rights by Older Persons to the prohibition of imprisonment for older persons and of the death penalty for the elderly.  Botswana welcomed the Special Rapporteur on Contemporary Forms of Slavery’s special focus on the elimination of domestic servitude, and that the post-2015 development agenda should include a comprehensive framework for addressing the causes of poverty, which continued to render the poor and marginalized more vulnerable to slavery.  
 
Algeria said that discrimination against older persons could take many forms, and was nourished by stereotypes on the capacities and place of older persons within societies.  Algeria was in favour of developing an international instrument for the rights of older persons.  Greece called on all countries to cooperate fully with the Special Rapporteur on Contemporary Forms of Slavery to eradicate this phenomenon, and asked the Special Rapporteur how she envisaged promoting her priorities for the next three years.  Morocco said that most international human rights instruments were applicable to older persons, but added that some specific aspects may not be taken into consideration.  Morocco had adopted in 2009 a national strategy for older persons.  Morocco also congratulated Mauritania for its efforts towards the eradication of slavery.  
 
Argentina emphasized that measures to help victims of contemporary forms of slavery were vital.  On older persons, Argentina expressed delight that the Council was driving forward solutions to the lack of enjoyment of human rights of older persons, an issue it had led on alongside Brazil and the Community of Latin American and Caribbean States.  United States said a particular concern was the abuse and exploitation of older persons, and agreed with the Independent Expert that although there was no dedicated international instrument for older persons, most human rights treaties contained implicit obligations towards them.  The United States wished to pursue the goal of ensuring standardized disaggregated data collection to more effectively prevent human trafficking, protect victims and prosecute perpetrators.
 
United Nations Children’s Fund spoke about children working in domestic settings who were highly vulnerable to abuse. Girls by far outnumbered boys, and were often punished for perceived failings by violence and withholding of food.  Child domestic workers remained an unexplored subject because of stigma.  Rigorous registration and monitoring programmes were needed.  Child marriage often constituted domestic servitude.  Holy See commended the Special Rapporteur’s intention to address the subtler forms of slavery of which 5.7 million children were victims, as well as the shocking cases of kidnappings of young girls by Boko Haram in Nigeria and by the so-called Islamic State in Iraq.  The Holy Father had announced the theme ‘Slaves no more, but brothers and sisters’ would be the title of the Message for the upcoming World Day of Peace. 
 
Egypt sought the Independent Expert’s views on the role of the family and family protection measures in inter-generational solidarity and improving the rights of older persons.  Almost all forms of contemporary forms of slavery stemmed from two interlinked socio-economic maladies, poverty and illiteracy, said Egypt, advocating the holistic approach outlined in the sustainable development goals.  Philippines said respect and care for older members of the family was part of the Philippine’s cultural fabric, reflected in its laws and constitution.  It expressed appreciation for the Special Rapporteur’s global approach to address contemporary forms of slavery using evidence-based analysis, which was essential. 
 
Australia was not convinced that an additional human rights treaty specific to older people was needed and instead was focusing on domestic measures to address global ageing, including keeping older workers in employment.  Australia had comprehensively criminalized human trafficking, slavery and slavery-like practices and was committed to playing a leading role in international efforts to address those crimes.  United Kingdom said that contemporary forms of slavery affected people in all areas of the world, including in the United Kingdom which was adopting adequate legislative action to address it, and asked the Special Rapporteur about specific measures to ensure safeguarding of children.  Modern slavery was an international issue and the United Kingdom would continue to look for opportunities to expand on cooperation to protect those vulnerable to trafficking.
 
International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights agreed that existing human rights standards did not specify how to protect older persons and noted the need to clarify and elaborate on the rights of older persons, identify areas of protection and develop mechanisms that addressed those gaps.  National Council for Human Rights of Morocco said that despite advances in the 2011 Constitution, specific provisions to protect the elderly in Morocco were still lacking, and called on the Government to pass the specific legislation on older persons, harmonize the existing laws with human rights standards and establish specific governmental services.  Equality and Human Rights Commission, in a video-statement, said that the national anti-slavery legislative framework in the United Kingdom needed strengthening and called for efforts to eliminate domestic servitude which disproportionally affected women, ethnic minorities and overseas domestic workers.  Caritas Internationalis International Confederation of Catholic Charities, on behalf of severals NGOs1, that combating contemporary forms of slavery must remain a vital priority, together with efforts to eradicate all exploitative work and any other forms of modern-day slavery; efficient redress mechanisms for survivors must also be established.
 
Quakers highlighted the reference to older prisoners in the Independent Expert’s report; that group was growing but was often overlooked.  Quakers called for a prohibition on the imprisonment of and application of the death penalty for older persons.  International Longevity Centre Global Alliance, also speaking as Chair of the non-governmental organization Committee on Ageing in Geneva, hoped the new and long-overdue mandate would deepen understanding of the unique challenges, barriers, violence and abuse that older persons faced daily, preventing them from enjoying their rights.  HelpAge International, a member of the Global Alliance for the Rights of Older People, said it looked forward to connecting the Independent Expert with older people so that those most affected by discrimination could directly inform her work.  HelpAge International urged the Independent Expert to develop a broader understanding of what the right to a dignified death encompassed. 
 
Liberation regretted that India, Bangladesh and Nepal had not made sufficient progress in preventing contemporary forms of slavery and related practices such as trafficking.  Many employment or placement agencies, mostly located in State capitals, played a key role in the trafficking industry, and the most vulnerable people belonged to low castes like Dalits or other minorities.  World Barua Organization spoke about slavery in India where a large number of people, men, women and children, lived in debt bondage to local landowners.  Some of those affected by slavery in India did not officially exist – they had no birth registration or identification so it was hard for them to access protection – that in itself was against their human rights.  United Schools International spoke about the discrimination faced by women in Pakistan, and said the World Economic Forum recently ranked Pakistan near the bottom of its Gender Gap report.  It called for liberal enlightened education and equality of law for women in Pakistan.
 
Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internatinoale attached special importance to the eradication of slavery which could not and should not be tolerated anywhere in the world today.  It called upon all States to not lose sight of modern and concealed forms of slavery, which could be seen daily.  International Humanist and Ethical Union urged the Mauritanian Government to do more to practically eliminate the mark of slavery in everyday life and to enforce anti-slavery laws, without corruption or hesitation.  Everyone had a right to a free and independent life.  Centre for Environmental and Management Studies said that despite it being illegal, slavery was practiced in all sectors and existed both as a rural and urban phenomenon in Pakistan.  Employers forcibly extracted labour from adults and children, restricted their freedom of movement and denied them the right to negotiate their terms of employment. International Catholic Child Bureau, on behalf of severals NGOs2, said that alongside bonded labour, domestic servitude, early and forced marriage, child slave work, servile marriages and caste-based forms of slavery, particular emphasis needed to be put on incompatible business practices that enslaved millions of victims.
 
International Network for the Prevention of Elder Abuse trusted that the efforts of the Independent Expert may well help to abolish the harmful traditional practices that affected the integrity of older women, and the social protection and property rights of widows.  IDPC Consortium said the vast majority of elderly people suffering                                                                                                                                                                                                                                                           from cancer and other non-communicable diseases throughout the world died without palliative care or pain relief.  This state of affairs violated both their right to the highest attainable standard of health as well as their right to be free from torture. 
 
Concluding Remarks by the Independent Expert on the Rights of Older Persons and the Special Rapporteur on Contemporary Forms of Slavery
 
ROSA KORNFELD-MATTE, Independent Expert on the Enjoyment of all Human Rights by Older Persons, said in her closing remarks that abuse and mistreatment of older persons was a particular issue of concern and there was a need for a mechanism for older persons to exercise their autonomy and have autonomous access to the services they needed.  The Independent Expert reassured the members of the Council that all efforts would be undertaken to avoid duplicating initiatives already underway and create synergies with other mechanisms, particularly the Madrid International Plan of Action on Aging, the Working Group on Ageing, the Special Procedure mandate holders and others.  In terms of next steps, the Independent Expert would engage with States and non-State actors, as well as with the elderly themselves in order to better understand their situation.  Finally, Ms. Kornfeld-Matte said that the establishment of this mandate constituted a unique opportunity to protect the rights of older persons and preserve their dignity, and the objective of the mandate would be to feed into the coherent and comprehensive approach to the protection and enjoyment of the rights of older persons.
 
URMILA BHOOLA, Special Rapporteur on contemporary forms of slavery, in her closing remarks reiterated her commitment to continue engaging with the private sector in order to eliminate exploitative labour and slavery-like practices.  The Special Rapporteur welcomed the examples of good practices in relation to the domestic implementation of international human rights law and labour standards and said regarding the effective eradication of forced labour that additional measures were needed including the prohibition of such practices and the protection of victims.  Concerning her methods of work, Ms. Bhoola said she intended to pursue the recommendations made by her predecessor, ensure synergies with other mandate-holders, and make efforts to avoid duplication with other initiatives.  Also, the Special Rapporteur would continue the engagement with all stakeholders and stressed the need for a multipronged approach to eradicate slavery and slavery-like practices from the world.  The work would focus on the link between poverty and slavery, and the gender specific dimensions of slavery, including comfort women.  In closing, the Independent Expert highlighted that the Rome Statute made slavery in conflict, including sexual slavery, a crime against humanity.

Documentation
 
The Council has before it the report of the Special Rapporteur on the human right to safe drinking water and sanitation (A/HRC/27/55)
 
The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Mission to Brazil (A/HRC/27/55/Add.1)
 
The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Mission to Jordan (A/HRC/27/55/Add.2) (French version – English not available)
 
The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Handbook for realizing the human right to safe drinking water and sanitation (A/HRC/27/55/Add.3)
 
The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Mission to Brazil: comments by Brazil (A/HRC/27/55/Add.4)
 
The Council has before it an addendum to the report of the Special Rapporteur on the human right to safe drinking water and sanitation - Mission to Jordan: comments Jordan (A/HRC/27/55/Add.5)
 
- Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
A/HRC/27/54
 
The Council has before it the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes (A/HRC/27/54)
 
Presentation of Reports by the Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes
 
CATARINA DE ALBUQUERQUE, Special Rapporteur on the human right to safe drinking water and sanitation, said that this would be her sixth and last interactive dialogue at the Human Rights Council.  It was crucial to consider what amounted to human rights violations.  In the last six years she had been confronted with a multitude of human rights violations, which were often not perceived as such.  While the countries visited were extremely diverse, many challenges faced were remarkably similar from the world’s richest or biggest countries to countries under extreme water scarcity to small island countries.  In many instances, violations of the human rights to water and sanitation were ongoing.  With this report, the Special Rapporteur hoped to increase awareness of those violations and to promote a greater commitment to identifying, preventing and remedying them.  While it was generally recognized that a failure to comply with any human rights obligation constituted a violation, key components of the human rights to water and sanitation were still too often viewed primarily as aspirational policy goals.  Some violations were easier to identify than others.  However, while they might be more difficult to ascertain, the more complex human rights violations must not be ignored.
Violations related to inequalities experienced by certain groups, such as people living in poverty, informal settlements, rural and remote communities, or homeless people, had remained largely unchallenged, despite their severity.  Furthermore, violations of the right to sanitation in general had not received the attention they deserved.  Victims of violations of the right to sanitation were among the most stigmatized and marginalized in society, and there remained taboos preventing an open discussion about the indignities linked to unhygienic conditions.  While it was important in some cases to hold those responsible for violations accountable for their actions, the general focus should be on what needed to be done to remedy violations and on who was responsible for remedying violations, rather than on who was to blame.  Transformative remedies could move claimants further towards the full enjoyment of human rights.
On a country visit to Brazil, despite progress, the numbers of people who continued to live without access to water and sanitation in the shadows of a rapidly developed society were still enormous.  On a visit to Jordan, challenges remained with the intermittency of water supply, with grave consequences for quality and availability, and with a tariff system that put an unjust burden on the poor and marginalized.  Ms. Albuquerque also announced that she had developed a handbook for realizing the human rights to water and sanitation as a culmination of her work on the mandate.
 
BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said that protecting human rights from hazardous chemicals and wastes was growing more challenging by the day.  Over the past 17 years, there had been a 20 per cent increase in childhood cancers that could not be explained by lifestyle choices or genetics alone.  Compounding the situation was the fact that the production of chemicals and wastes was accelerating at a rapid rate around the world, largely in countries with less developed systems in place for the management of chemicals and wastes, which clearly suggested the likelihood of an increasing threat to the full enjoyment of human rights, particularly of the most vulnerable. 
 
The Special Rapporteur said his report outlined an iterative process of engagement with all stakeholders, which would eventually lead to the development of a guide to good practices in the management of hazardous substances and wastes as well as an analysis of gaps in the effectiveness of international regulatory mechanisms.  The Special Rapporteur informed the Council that he had already begun to develop closer collaboration with relevant United Nations organizations and had agreed to provide inputs to the United Nations Environment Programme’s upcoming report, the Global Waste Management Outlook, from the human rights perspective.  The Special Rapporteur also informed the Council that he expected to undertake two country visits per year.  For his next thematic report, the Special Rapporteur was considering a study of the right to information in the context of the environmentally sound management and disposal of hazardous substances and wastes, which was essential to guarantee certain other rights, such as the rights to life, to health and to adequate food.
 
Statements by Concerned Countries
 
Brazil, speaking as a concerned country, thanked the Special Rapporteur for the important work and the constructive engagement and said that, in view of the vast territory and diversity of the country, a more comprehensive visit would have allowed for better comprehension of the issues related to safe drinking water and sanitation.  While recognizing the challenges in universalizing access to water and sanitation, Brazil prioritized those most vulnerable and the elimination of inequalities to ensure that this human right was fully realized in terms of quality, availability, affordability, accessibility and acceptability of services.  Brazil had significantly increased resources for sanitation by transferring the funds to communities and municipalities and had undertaken a number of other initiatives including the decentralized use of resources, reduction of financial compensations, technical and financial support for projects, and others.  There had been notable improvement in the indicators on access to safe drinking water and sanitation infrastructure and the increase of treated sewage in Brazil.
 
Jordan, speaking as a concerned country, thanked the Special Rapporteur for her visit to Jordan and reiterated the great importance it accorded to this mandate.  Jordan took note of the findings and recommendations contained in the report.  Jordan was the world’s fourth most water scarce country, and with the influx of hundreds of thousands of Syrian refugees, it was now the third most water scarce country in the world.  A serious effort was being made at each level – national, regional and individual - to address the challenges and the chronic problem of water scarcity, including the development of a comprehensive action plan to recycle water.  Nevertheless, it was still difficult to meet the demand for water which was increased by the presence of Syrian refugees who now constituted 30 per cent of the population in the north. 

Interactive Dialogue with the Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes
 
India said that the identification of violations of rights was indeed the first critical step in preventing their occurrence.  India concurred with the Special Rapporteur that violations of the human right to drinking water and sanitation was correlated to other forms of deprivation.  Costa Rica, speaking on behalf of the Community of Latin American and Caribbean States, said that violations of the human right to drinking water and sanitation were linked to the deprivation of other rights.  There was a need to implement affirmative measures to remedy such inequalities.  Pakistan, speaking on behalf of the Organization for Islamic Cooperation, agreed that States had the obligation to fully realize the right to water and sanitation.  It would be crucial to differentiate between willingness, capacity, competence and availability of requisite resources with States in ensuring access to these human rights. 
 
Uruguay, speaking on behalf of the Blue Group, said that the Blue Group had been formed to support the implementation of the right to safe drinking water and sanitation.  The Blue Group expressed heartfelt appreciation to the Special Rapporteur for her efforts and recognized the importance of her work.  European Union enquired as to what the most common violations of the human right to water and sanitation were in developed countries.  On hazardous substances and waste, full implementation of the Guiding Principles of Business and Human Rights was encouraged.  Ethiopia, speaking on behalf of the African Group, said that the preliminary report pointed out once again to the disquieting situation related to hazardous substances and waste and highlighted their impact on human rights.  States were encouraged to demonstrate political will to strengthen their national legislation in this field.
 
Morocco said that the report by the Special Rapporteur on the human right to safe drinking water and sanitation was helpful for States to better identify their obligations.  Morocco underlined the importance of the right to equal access to justice in cases of violations of the right to safe drinking of water and sanitation, which also necessitated appropriate education for judges on this right.  Côte d’Ivoire said that in the absence of an international binding instrument in this area, people were vulnerable to mismanagement of hazardous substances and wastes.  Côte d’Ivoire called on States to adopt legislation to protect people and ensure that enterprises and corporations abided by standards for the protection of populations.  Sierra Leone underlined the necessity for setting qualitative and quantitative indicators for the measurement of the fulfilment of the right to water.  Sierra Leone expressed concerns about the management of hazardous waste generated by extractive industries, which had had in certain countries harmful effects on some communities.  
 
Portugal said that the latest report by the Special Rapporteur on the human right to safe drinking water and sanitation was a timely call on States and other stakeholders to work on access to justice and related issues when dealing with the right to water and sanitation, and asked how to increase, at the international level, understanding of violations of economic, social and cultural rights.  China said it had established rural safe drinking programmes and attached great importance to the right to access to justice in cases of violations of the right to water.  China also undertook measures to raise public awareness and put government and companies under more intensive scrutiny with regards to the management of hazardous substances and wastes.  Costa Rica said that the mandate of the Special Rapporteur on the human right to safe drinking water and sanitation was important to raise awareness on the broad range of types of violations of this right.  Costa Rica welcomed that the next thematic report by the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes would focus on the right to information. 
 
Thailand was encouraged by the inclusion of water and sanitation-related targets in the sustainable development goals and hoped that the right to water and sanitation, a fundamental human right, would also be included in the post-2015 development agenda.  Syria said that armed terrorist groups had been attacking the water supply infrastructure and that they cut the water supply to citizens of Aleppo and other towns and used water as a weapon of war.  Russia welcomed the attention in the report to violations of safe water and sanitation and said that depriving civilians of enjoying this important right constituted a war crime.  Uruguay had since 2009 promoted participatory management of drinking water supply and had involved communities in the financial management of services and responsible use of resources. 
 
Bolivia recognized the human right to safe water and sanitation as an essential human right and agreed that all violations of this right must have a means of reparation.  Bolivia was concerned about the existing high level of impunity for the improper disposal of hazardous waste by non-State actors.  The preparations for the sustainable development goals were going well and had included the safe water and sanitation targets to be reached by 2030, said Netherlands and stressed the important role of the Special Rapporteur in reaching those targets.  Netherlands was concerned about the violations of the right to water and sanitation.  Victims of those violations needed to be identified and mapped to allow for targeted approach to bring relief and allow for proper monitoring of results.
 
Latvia said the report of the Special Rapporteur had emphasized that the obligation to fulfil may be the most critical category in the enforcement of the right to safe drinking water and sanitation.  Yet, this obligation had received the least attention and its violations were being overlooked.  Venezuela agreed that it was an obligation to ensure that the right to drinking water and sanitation was fulfilled.  It was vital to have the participation of the people on conditions of equality and non-discrimination.  Ninety-six per cent of Venezuela’s population had access to drinking water. 
 
Ethiopia said the policies of States should aim to provide safe drinking water and sanitation to all citizens to the extent that the country’s resources permitted and integrate them into their development agenda.  Chile said that it was important to identify and develop types of common violations of the human right to water and sanitation and the role of the State was vital here.  There was also a need to look at the contributions made by private players.  How would best practices that needed to be preserved be prioritized? 
 
Norway said that violations of the human right to water and sanitation correlated to violations of other rights.  Norway underlined the importance of the work of human rights defenders investigating cases of corruption.
 
Remarks by the Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes

CATARINA DE ALBUQUERQUE, Special Rapporteur on the human right to safe drinking water and sanitation, said that no country did not have problems with water and sanitation.  She disagreed with the assumption that first countries accessed development, then they ensured non-discrimination.  There was a need to identify gaps and inequalities right away.  In developed countries, the main violations to the right of water resided in discrimination and violations in the context of the financial crises.  In Europe, Roma communities and homeless people also suffered from a lack of access to water and sanitation.  The best way to prevent these violations was through planning and preparing to deal with times of economic crises or natural disasters.  Finally, she underlined the crucial work of the United Nations treaty bodies and the importance for States to ratify the three additional protocols to the International Covenant on Economic, Social and Cultural Rights. 
 
BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes,  assured that he would avoid duplication of work with other United Nations institutions, and said that his next report would be a strong and complete analysis of the right to access information.
 
Interactive Dialogue with the Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes
 
Spain said a true rights-based approach could not be guaranteed unless the nature of the right was defined – then a clear link between the violation of a right and access to remedy could be established.  Spain asked the Special Rapporteur on water and sanitation what she felt lay in the future for the human right to water and sanitation?  Iraq spoke about the importance of realizing the human right to water and sanitation, and spoke about attempts by ISIS and related organizations to control Iraqi irrigation facilities on the Tigris and Euphrates, including a takeover of Mosul Dam, which provided drinking water to Baghdad and over half the Iraqi population.  Germany commended the Special Rapporteur for her dedication to her mandate which had made the right to water and sanitation a globally accepted right.  What added value did the human rights perspective bring to securing access to water and sanitation generally, especially in the context of the sustainable development goals? 
 
Slovenia said it appreciated the Special Rapporteur’s work very much, particularly her mission to Slovenia in 2010.  Universal realization of the human right to water and sanitation would contribute significantly to the realization of other rights, such as the right to health and to a clean environment.  What were the most effective actions that helped reduce violations of the right to water and sanitation?  United Nations Environmental Programme said it was looking forward to working with the new Special Rapporteur on hazardous wastes, especially in collaborating on best practices.  Violations of the human right to water and sanitation were often related to violations of the human rights to a safe environment; it looked forward to the launch of the Special Rapporteur’s handbook.  Nepal spoke about legislation to protect harmful traditional practices, including gender-based violence.  It had recently launched a new zero-tolerance policy on gender-based violence, and celebrated a significant increase in the number of girls attending school. 
 
Maldives believed that the violation of the right to safe drinking water was an attack on human lives and dignity and said that the Maldives had taken steps to surmount complex hydro geological challenges in an effort to provide its small islands with safe drinking water using the resources from the Adaptation Fund.  Barbados recognized the duty of Governments to provide water and sanitation services that were available, accessible and safe, for all and without discrimination.  The impact of climate change on the water supply of small island States was an issue of concern, as water was the driver of development.  The international community must give greater attention to the human right of water and sanitation, while preserving peace and security, said Mali and agreed that special measures were needed to prevent and repair the violations of this human right. 
 
Algeria welcomed the analysis of the shortcomings in the international normative framework concerning the environmentally sound disposal of hazardous waste in the report of the Special Rapporteur and encouraged him to deepen his discussion in cooperation with other Special Procedures.  Suriname said that access to safe water and sanitation was key in reducing the number of people, and children in particular, dying from infectious diseases;  Suriname was on track to achieve the Millennium Development Goal 7 on environmental sustainability.  Bangladesh said there was a need to acknowledge the struggle of Governments of developing States to provide minimum access to safe water and sanitation and stressed the importance of international cooperation in this regard.
 
Ireland said that the intention to focus on new dimensions of the mandate had been expressed by the Special Rapporteur.  How did he intend to fulfil the mandate with respect to human rights violations against human rights defenders in relation to their work for the environment?  Ecuador highlighted that judicial and quasi-judicial mechanisms needed to provide integral reparations for victims, in relation to the right to drinking water and sanitation.  States needed to have international cooperation mechanisms to ensure the integral recognition of this right when violated.  Tuvalu said that the inability to enjoy the fundamental right to safe drinking water and sanitation was an issue shared globally.  Tuvalu had made progress with extensive assistance from the international community in the extremely challenging environment of a small island country affected by climate change.
 
Saudi Arabia said that the two reports had highlighted important points concerning the rights enshrined.  It found these to be interlinked.  Saudi Arabia had taken part in international efforts to preserve the environment and it was home to the largest environmentally-friendly project in history related to the 1991 Gulf war.  Madagascar said that access to drinking water and sanitation was one of the priority areas of Madagascar in addressing poverty.  This included efforts to establish new regulations and institutions, to provide better quality water and in greater quantities to a greater number of Madagascans.  Switzerland was committed to implementing the right to drinking water and sanitation and promoted a distinct goal for water as part of the post-2015 development agenda.  Listing reasons for violations in the report was something that would encourage States to address the structural causes. 
 
South Africa thanked the Special Rapporteur on the human right to safe drinking water and sanitation, and noted the link to economic, social and cultural rights.  Regarding the implications of the report on hazardous wastes, South Africa asked about the ambiguities in international instruments that allowed the dumping of hazardous waste by transnational corporations.  Finland welcomed the report on common violations of the  human right to water and sanitation, and asked about the Special Rapporteur’s emphasis on a remedial rather than a punitive approach.  Could she elaborate, and identify any best practices for States?  Nigeria said access to good drinking water and sanitation systems was central to the enjoyment of human rights.  The mandate of the Special Rapporteur should include helping States overcome the obstacles that they may encounter in that pursuit.  Nigeria took seriously the issue of comprehensive management of the environment; hazardous waste was a serious threat to all of mankind.  Egypt said it was proud to be among the early recipients of a visit by the Special Rapporteur on the human rights to water and sanitation, and said a consequence was Egypt’s development of a comprehensive policy on the issue.  Her report and handbook provided practical tools to help States protect, respect and fulfil the right to safe drinking water. 
 
National Council for Human Rights of Morocco welcomed that Morocco had enshrined the right to water in its constitution.  The Council had led initiatives to ensure the implementation and effectiveness of the right to water, including consultations with  various stakeholders.  It recommended that the Parliament adopt measures to implement article 31 of the Moroccan constitution and adopt a participatory and gender satisfactory approach to ensure access to water at an affordable cost and strengthen capacity of all stakeholders.  Global Initiative for Economic, Social and Cultural Rights welcomed the Special Rapporteur’s report on common violations of the right to water and sanitation, which highlighted different types of structural and systemic violations.  Article 19 said that the right to freedom of expression and information was crucial for ensuring accountability in the realization of the right to water and sanitation and that a comprehensive understanding of violations was critical to addressing structural and systemic violations. 
 
Defense for Children International said that West Africa was currently confronted with a dramatically large proliferation of the Ebola virus.  The number of children affected by Ebola was growing due to the lack of access to medical treatment.  It called on the international community to ensure that residents in quarantine areas benefited from basic human rights and enhanced their coordinated efforts to combat the virus.  International Association of Democratic Lawyers appreciated the efforts of the Special Rapporteur on water and sanitation to call attention to the cholera epidemic in Haiti and to the involvement of the United Nations in the outbreak and strongly supported the Special Rapporteur's call to investigate allegations and ensure the right to remedies were afforded to victims.  Amnesty International said that the toxic gas leak in Bhopal had still not been properly investigated, 30 years after the incident occurred.  Amnesty International urged the governments of India and the United States to take concrete steps to clean up the factory site and hold the companies responsible accountable. 
 
Human Rights Now said that three and a half years had passed since Fukushima; the Government’s reaction had been slow.  Radioactive contamination posed serious risks to the population.  At the moment, radioactive soil and debris had been temporarily dumped in different sites, including residential areas.  Franciscans International urged Brazil to implement recommendations and especially to ensure that a human rights framework was embedded in legislation, policy, and practice to prevent violations and that civil society organizations working on the right to water had access to all information and decision-making processes.  Liberation said that the biggest threat to the Indian population was non-availability of clean drinking water.  There was also critical groundwater pollution due to industrial effluents.  It urged the Council to impress upon the Indian Government to take the necessary measures.  
 
Right of Reply
 
Japan, speaking in a right of reply, said in response to certain statements that it had sincerely faced the facts of history and repeatedly expressed feelings of heartfelt apology.   The current administration had adopted the overall stance on history adopted by previous administrations.  On the issue of so-called comfort women, it had stated and repeated that it had no intention to review the Kono statement.
 
China, speaking in a right of reply, said that mention of past action by the Japanese Government on sexual slavery had been made for the purpose of reminding them of history and to safeguard the dignity of humanity, as well as justice and international peace.  Japan’s concerned authorities were urged to face up and to take seriously their history of aggression. 
 
Japan, speaking in a second right of reply, said it would not reiterate its position.  
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1Joint statement: Heart’s Home, Associazione Comunita Papa Giovanni XXIII, Company of the Daughters of Charity of St. Vincent de Paul, Dominicans for Justice and Peace Order of Preachers, Edmund Rice International Limited, International Catholic Child Bureau, International Kolping Society, International Young Christian Workers, Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, International Movement of Apostolate in the Independent Social Milieus, International Volunteerism Organization for Women, Education and Development VIDES, Pax Romana, and World Movement of Christian Workers.
 
2Joint statement: Franciscans International, Congregation of Our Lady of Charity of the Good Shepherd, Company of the Daughters of Charity of St. Vincent de Paul, and International Movement ATD Fourth World.

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