Human Rights Council concludes dialogue on the human rights of older persons, and on the rights to water and sanitation

Human Rights Council
MIDDAY

12 September 2017

Hears Address by the Minister of Justice of Burkina Faso

The Human Rights Council in its midday meeting concluded its clustered interactive dialogue with Rosa Kornfeld-Matte, the Independent Expert on the enjoyment of all human rights by older persons, and Leo Heller, the Special Rapporteur on the human rights to drinking water and sanitation.  The Council also heard an address by the Minister of Justice of Burkina Faso.

In his address to the Human Rights Council, Bessolé Réné Bagoro, Minister of Justice of Burkina Faso, expressed concern about the armed conflicts in Syria, Yemen, Libya and Myanmar and welcomed the efforts of the international community to find political solutions to these crises.  Burkina Faso had presented reports to numerous treaty bodies.  Domestic initiatives included the establishment of a National Observatory on Religious Faiths to strengthen dialogue among religious leaders.  Burkina Faso remained committed to the promotion of human rights domestically and internationally.

The interactive dialogue on the rights of older persons and on the rights to drinking water and sanitation started on 11 September and a summary can be found here.

In her concluding remarks, Ms. Kornfeld-Matte stressed that when considering robotics for independence for older persons, there should be relevant safeguards in place to protect the rights of these persons.  There was a need for a binding instrument that would protect the rights of older persons, and one of the main concerns was how to bridge the gap between developed and developing countries so that everyone could age with dignity.

Mr. Heller, in his concluding remarks, underscored that the best way to ensure that water and sanitation regulatory bodies were independent rested on the shoulders of States.  Regulatory bodies should not be independent from the users’ interests, and had a strategic role and position as mediators between users, governments and providers.  They also had a key role to play in order to protect the most vulnerable segments of the population.

In the interactive discussion, delegations addressing the issue of the human rights of older persons stressed that a human rights-based approach should underpin the application of new technologies to assist older persons.  It was also underlined that the family played a crucial role in the support of older persons.  Affordability and accessibility were necessary for technology to be available to everyone and everywhere.  Addressing the question of how to cope with demographic change headed toward an aging society was an issue noted by several speakers.

On the subject of the human rights to drinking water and sanitation, it was noted that countries should incorporate that issue into their development programmes, and States should allow for inclusive participation in relevant decision-making at the grass-root level.  The need for proper regulation and a strong monitoring framework in ensuring accountability was also important.  Some speakers observed that in situations of conflict, it was often non-State actors who provided local populations with access to clean water.  As the rational management of water was at the heart of combatting poverty, all growth strategies for developing countries rested on water.

Speaking in the interactive discussion were United Kingdom, Ethiopia, Mexico, India, Philippines, Bangladesh, Lesotho, Iran, Hungary, Sovereign Order of Malta, Thailand, Madagascar, Serbia, Benin, Algeria, State of Palestine, Paraguay, Azerbaijan, Fiji, Saudi Arabia, Kyrgyzstan, Peru and Botswana.

The following national human rights institutions and non-governmental organizations also spoke: Global Alliance of National Human Rights Institutions, Conseil National des Droits de l’Homme du Maroc, HelpAge International, Franciscans International, Alsalam Foundation, Association pour l'Intégration et le Développement Durable au Burundi, International Longevity Centre Global Alliance Ltd, Verein Sudwind Entwicklungspolitik, Liberation, Graduate Women International, Indigenous People of Africa Coordinating Committee, Global Institute for Water, Environment and Health, International Association for Democracy in Africa, World Environment and Resources Council, Centre for Organisation Research and Education, Rencontre Africaine pour la Défense des Droits de l’Homme and iuventum e.V.

This afternoon, the Council will start its interactive dialogue with the Working Group on arbitrary detention and the Special Rapporteur on contemporary forms of slavery.

Interactive Dialogue with the Independent Expert on the Rights of Older Persons and the Special Rapporteur on the Rights to Water and Sanitation

United Kingdom stated that robotics and artificial intelligence offered exciting opportunities for the enjoyment of rights by older persons, but they had to be designed carefully to meet their needs.  If the potential benefits were to be fully utilised, it was necessary to raise awareness and conduct appropriate training.  Ethiopia noted that responsible regulation should ensure access to drinking water and sanitation to everyone without discrimination.  Countries should incorporate that issue into their development programmes, and States should allow for inclusive participation in relevant decision-making at the grass-root level.  Mexico underscored that there was no specific reference to new technologies for personalised support for older persons in United Nations treaties.  How could effective implementation of that agenda help close the existing gaps in the protection of the rights of older persons? 

India noted that the issue of water and sanitation was a major challenge for India, and acknowledged the need for proper regulation and a strong monitoring framework in ensuring accountability.  As for the rights of older persons, India agreed that affordability and accessibility were necessary for technology to be available to everyone and everywhere. 

Philippines stated that respect for the elderly was deeply ingrained in its society, and the Government was promoting assistance to older persons, such as mandatory health coverage for all senior citizens.  A human rights-based approach should underpin the application of new technologies to assist older persons.  Bangladesh underlined that the family played a crucial role in the support of older persons.  As for water and sanitation, the Government had taken targeted measures to ensure those rights to all citizens at affordable cost.  Lesotho stated that assistive technology, when used properly, had the ability to enable older persons to become more active members of their communities.  The significant proportion of older persons in Lesotho’s population could no longer be ignored in terms of developing policies.

Iran said States should take deliberate steps to establish a regulatory framework to ensure the human rights to water and sanitation, and that as a water crisis was looming in the region, assuring that no one was left behind in accessing potable water was crucial.  Hungary said billions across the world lacked access to water and to sanitation, adding that water was an exceptionally valuable natural resource.  Hungary was committed to remaining an active partner in water diplomacy.  Sovereign Order of Malta commended the Special Rapporteur for his overview of the role of regulation in water and sanitation services, cautioning that in situations of conflict, it was often non-State actors who provided local populations with access to clean water.

Thailand said assistive and technical technology had the potential to complement human care, which was a challenge for Thailand as it was undergoing a demographic change headed toward an aging society.  The country recognized the need to work further to implement community-based and long-term care to retain the life-styles of older persons. Madagascar said that given that rational management of water was at the heart of combatting poverty, all growth strategies for developing countries rested on water; Madagascar was using all resources available to achieve objectives.  Serbia said that the right to a healthy environment was constitutionally guaranteed for every citizen of the country, and Serbia had developed a national legal framework for water and sanitation services where the key role was given to local governments.

Benin expressed its strong support for the recommendation of the Independent Expert on the establishment of an international framework on the rights of older persons.  Benin outlined that water and sanitation services should be accessible in every part of the world and called on all technical and financial partners to pursue their efforts to ensure that populations fully enjoyed their rights to drinking water.  Algeria shared the opinion of the Independent Expert that States should intensify efforts to identify possibilities to conciliate technological advancements and solidarity.  The Independent Expert was asked to identify avenues on how to ensure that the use of robotics would not have a negative impact on older persons.  The right to water and sanitation should be incorporated in national legislation through a human rights approach.

Statement by the Minister of Justice of Burkina Faso

BESSOLÉ RÉNÉ BAGORO, Minister of Justice of Burkina Faso, said Burkina Faso remained concerned about the armed conflicts in Syria, Yemen, Libya and Myanmar and welcomed the efforts of the international community to find political solutions to these crises.  As a country that experienced terrorist attacks, Burkina Faso supported the G5 Sahel initiative to combat terrorism.  Informing on its international obligations, Burkina Faso would undergo the third Universal Periodic Review in 2018.  Burkina Faso had presented reports to the Committee on Enforced Disappearance and the Committee on Economic, Social and Cultural Rights, testifying to its commitment towards fulfilling its human rights obligations.  On the domestic level, Burkina Faso had been working to establish institutions in line with its international obligations.  The High Council on Reconciliation and Unity had been established and would be dealing with 5,000 cases of serious violations of human rights that took place between 1960 and 2015.  To enhance the inter-religious dialogue, the National Observatory on Religious Faiths had been established, working to strengthen dialogue among religious leaders.  In addition, the National Observatory on the Prevention of Conflict had been established.  On the regulatory level, 32 legislative documents had been adopted since 2013.  Burkina Faso remained committed to the promotion of human rights domestically and internationally.

Interactive Dialogue with the Independent Expert on the Rights of Older Persons and the Special Rapporteur on the Rights to Water and Sanitation

State of Palestine reminded that since the occupation of the West Bank in 1967, Israel had managed to illegally control Palestinian water resources through discriminatory policies and the illegal planning system and permit regime that had prevented Palestinians from maintaining and developing an independent water system.  Paraguay agreed that technology had to be a tool for the promotion and protection of the rights of older persons, in particular for their social participation.  Older persons had to be able to participate in all decisions with respect to the adoption of assistive technologies.  Azerbaijan noted that equal access to drinking water and sanitation was one of its priorities, calling for more attention to the issue of the provision of water and sanitation in humanitarian emergencies, namely on the border with Armenia. 

Fiji underlined that the progressive realisation of socio-economic rights was enshrined in the national Constitution, including the rights to water and sanitation.  The Government subsidised the costs of water to families with below average income.  Saudi Arabia accorded great importance to the rights to drinking water and sanitation.  It had increased the number of water purification plants and had adopted strategies to ensure safe drinking water nationwide.  

Kyrgyzstan expressed its belief that the obligation to achieve full implementation of the rights to safe drinking water and sanitation should be of a national nature and confined to State orders.  The access of countries to water resources should not be considered an obligation of neighbouring countries with more water resources.  Peru said it had incorporated in its Constitution the right of all persons to drinking water, stating that the sustainable management of water was considered a public good.  Botswana had many programmes guaranteeing the rights of old persons.  The international cooperation in this field would be of utmost importance to bridge the gap between developing and developed countries.

Global Alliance of National Human Rights Institutions shared the call of the Independent Expert to ensure a human rights-based approach across the development, access and use of assistive technology and robots when caring for older persons.  National Human Rights Council of Morocco welcomed efforts made by the Government of Morocco, particularly in reforming the law; nevertheless there was an uneven distribution of water and inadequate living conditions in several cases.  Specific public policies should be adopted to mitigate those challenges. 

HelpAge International said there was a gap between the right to assisted living and the right to autonomy, adding that States had the opportunity to comment on the right to long-term independence.  Franciscans International said the water at a prison in Haiti was not drinkable, and that those whose families could not bring them water had to drink the undrinkable water, saying Haiti must immediately act to ensure access to drinking water and sanitation.  Alsalam Foundation, said that in Bahrain, public water was only safe to drink in areas where the country’s ruling family resided, and that the Government had not provided adequate sewage and drainage services in many villages in the country.  Association pour l'Intégration et le Développement Durable au Burundi said that Dalits still faced discrimination in rural India, and that vast majorities developed on the goodwill of upper castes, and that they were not permitted to access taps in non-Dalit areas.

International Longevity Centre Global Alliance, Ltd., in a joint statement withInternational Network for the Prevention of Elder Abuse, noted that assistive and other technologies should be available and accessible without any discrimination on the basis of age.  Technology had the potential to enable older persons to live independently in the community.  A human rights based approach would ensure technology was a means for inclusion rather than segregation.  Verein Sudwind Entwicklungspolitik regretted that older people in Iran were still living in poor conditions and 70 per cent did not have access to minimum financial support and were experiencing movement limitations.  The population of Iran that was over 60 years was increasing rapidly.  Besides, Iran’s water resources were in critical condition as 75 per cent of the total ground water had already been used. 

Liberation drew the attention of the Independent Expert to the situation of human rights in Western Sahara.  In the last 25 years, Morocco had prevented Sahraoui people from enjoying their basic human rights.  It remained the only part of the world where there was no public report describing the situation in the field which had allowed Morocco to commit abuses of human rights.  Graduate Women International voiced concerns about the lack of access to continued education in technologies for ageing women.  Furthermore, the lack of safe access to adequate sanitation for girls was one of the reasons why girls were denied access to education in several parts of the world.  Indigenous People of Africa Coordinating Committee called the attention of the Council to the human rights abuses committed by the Government of India in the region of Punjab, where citizens were living in extremely difficult conditions under restrictive measures.  Many of them had no access to water to irrigate their fields.

Global Institute for Water Environment and Health commended the report for calling upon States to provide water for all and stated that civil society should reconsider what efforts should be taken in future for working with governments on providing access to water to all.  International Association for Democracy in Africa reiterated that access to water and sanitation was a basic right, and as such was a foundation of many development policies.  In Pakistan, 60 per cent of child mortality was a direct consequence of the lack of access to safe drinking water.  Challenges with water and sanitation would be magnified in the future, particularly in developing countries, so a prompt reaction was required.  World Environment and Resources Council warned that 83 million people around the world lacked access to drinking water. 

Effective water conservation techniques were essential for water management.  Centre for Organization Research and Education reiterated that the access to water in India was very discriminatory.  According to reports published, over 63 million people lacked access to clean water in India.

Rencontre africaine pour la défense des droits de l’homme underlined that the right to water consisted of sufficient supply and affordable cost, pointing out that the right to water was far from being achieved in a number of African countries as the result of privatisation.  On the rights of older persons, it asked about the solutions to bridge the north-south gap in technology.  Iuventum e.V. requested that the Council pay special attention to drinking water.  The minimum quality requirements should never be compromised, and the regulation of drinking water should always remain in the hands of the public sector.

Concluding Remarks

ROSA KORNFELD-MATTE, Independent Expert on the enjoyment of all human rights by older persons, explained that concerning the dangers of robotics for independence, it was essential to determine what form of technology would have to be used to process relevant data.  There should be relevant safeguards in place to protect the rights of older persons.  Addressing the concern regarding the relationship between robotics and the family, the role of robots was to support the family.  The Madrid Plan on Ageing had not been sufficiently fulfilled.  It was obvious that there was a need for a binding instrument that would protect the rights of older persons and ensure that States could fully meet their needs.  No decision could be taken without the actual participation of older persons.  One of the main concerns was how to bridge the gap between developed and developing countries so that everyone could age with dignity.  That challenge had to be tackled at the international level.     

LEO HELLER, Special Rapporteur on the rights to drinking water and sanitation, highlighted that the specific needs of women and girls in the realm of access to water and sanitation, as well as the situation of water provision to remote regions, had been addressed in a report presented to the General Assembly in 2015.  The situation of access to water and sanitation in occupied territories would be addressed in the coming report on humanitarian assistance.  The Special Rapporteur then focused on the debate over the best way to ensure that water and sanitation regulatory bodies were independent.  There were questions about the possibility and desirability to have independent regulatory bodies in this sector.  Studies had shown that ensuring independence was hard given that there was an asymmetry of power between such bodies and water providers.  There were risks of capture of regulators by providers.  The responsibility of ensuring regulatory bodies were independent rested on the shoulders of the States.  Also, in some situations, the regulatory bodies had to respond to particular interests.  For example, they should not be independent from the users’ interests and were held accountable.  They had a strategic role and position as mediators between users, governments and providers.  They also had a key role to play in order to protect the most vulnerable segments of the population. 

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