A/HRC/36/45/Add.2
46.
The Special Rapporteur visited water and sanitation projects in San José del Rincón,
which provide an intervention model for dispersed rural communities, including small-scale
pumping, filtration and treatment systems, rainwater harvesting and dry latrines.
Beneficiaries are categorized as being partly or highly marginalized where water and
sanitation provision has been highly problematic and where communities frequently rely on
artisanal wells and defecate in the open, often close to water sources. In some communities,
a water supply network exists but is not sufficient or not functioning. Some communities
had stopped paying bills and were in debt. In one community the Special Rapporteur
visited, 98 per cent of the residents had lost access to water.
47.
One project also includes education and awareness-raising to improve local
management of services, as well as awareness-raising about poor hygiene behaviour.
Community committees are created to manage the water systems, in accordance with local
cultural practices. Leaders noted that some community members still do not pay, for
cultural and economic reasons. Part of the population had been excluded from the project
due to budget constraints and those left behind were dubious about the criteria that had been
used to select beneficiaries. Such pilot projects provide valuable and relatively inexpensive
solutions and can constitute an important learning process. However, concerns relating to
universal access, level of services and especially sustainability need to be addressed by the
federal Government and its state and municipal counterparts.
B.
Indigenous peoples
48.
A high percentage of indigenous people in Mexico are marginalized and live in
poverty in highly dispersed rural communities. It was evident that indigenous peoples also
frequently face some of the most severe challenges relating to the provision of water and
sanitation. They have unique cultures, customs, practices and leadership structures,
including with regard to their relationship with water and waste, which must be considered
and respected in policies, programmes and service provision. In some cases, the Special
Rapporteur was informed that solutions for access to water proposed by the authorities were
not appropriate for indigenous people for various reasons, including the digging of wells on
their lands or provision of pipelines, and they reported unsatisfactory consultation or ability
to participate prior to the conception of projects, according to national and international law
and standards. Some indigenous representatives reported that their communities felt
neglected.
49.
The information and cases received also highlight the fact that water sources used by
many indigenous communities have been particularly affected by infrastructure, industrial,
extractive, tourist or agricultural projects, especially regarding the availability and quality
of water.
50.
The Government must ensure equality of access for all communities without
discrimination. The National Commission for the Development of Indigenous Peoples
highlighted the existence of the Indigenous Infrastructure Programme to deal with
shortcomings in remote communities and projects, which has provided them with drainage,
clean water, electricity, shelter and other basic services. Over 21 billion pesos have been
invested in infrastructure projects for indigenous peoples. Technical and infrastructure
projects seek to implement sustainable options to provide water to communities with fewer
than 15,000 inhabitants belonging to groups that are very or extremely marginalized. The
rights of indigenous peoples are enshrined in the Constitution and federal and state
legislation, including their rights to participate and to be consulted on federal programmes
that directly affect the development of their peoples and communities. 6 Some states,
including Mexico State, have strong legal provisions relating to indigenous rights to land
and to the preferential beneficiaries in the exploitation of natural resources that must be
agreed with the community.7
6
7
Federal Planning Law, art. 20.
Mexico State Law on Indigenous Peoples’ Rights, art. 52.
13