A/HRC/36/45/Add.2
ensuring the rights to water and sanitation in practice, creating the legislative
environment for concrete policies and programmes to be formulated and
implemented, and allowing individuals and communities to claim their rights under
domestic law. That would constitute an important and timely expression of the
Government’s commitment to progress in implementing the rights to water and
sanitation. While some notable complaints and cases relating to water and sanitation
and environmental concerns have been brought before the courts, progress is required
to ensure the justiciability of economic and social rights, with decisions implemented
in practice. The adoption of a new law would be beneficial in that regard.
66.
The framework of the human rights to water and sanitation requires that the
most basic needs for personal and domestic uses should be recognized and put first in
all parts of the country. The poor and marginalized must be the highest priority. The
consequence of not reaching everyone is that the poor and marginalized are left
behind. Innovative solutions have been found or are under development and should be
expanded, including through cooperation with other countries experiencing similar
challenges. Necessary resources, technical capacity and monitoring and control of
service provision must all be among the highest priorities at every level of governance
to ensure delivery of the best possible water and sanitation services to all, including
the poorest and those in dispersed rural communities that are difficult to reach with
infrastructure networks. There must be recognition of the impact of economic and
development activities on water and the potential and actual harm caused to local
people who may have no choice other than to use contaminated water sources. Prompt
action to address that situation is necessary.
67.
Numerous other cases of concern from various regions in Mexico were brought
to the attention of the Special Rapporteur by civil society organizations and
community representatives during his visit. They demonstrate the extent of the
challenges facing Mexico in the field of the human rights to water and sanitation and
worrying patterns of violations across the country. While he cannot address all those
issues in the present report, he will be studying further the information provided to
consider any additional action that may be appropriate.
68.
In that connection, the Special Rapporteur recommends that Mexico:
(a)
Enact without undue delay and in full collaboration with all relevant
stakeholders, taking into account their views and concerns, revised general legislation
on water, giving full effect and meaning to the human rights to water and sanitation as
established in international law and the Constitution of Mexico;
(b)
Review the decentralized, three-tier water and sanitation management
system with a view to strengthening state and federal support and funding to
municipal level service providers who are currently struggling to meet their
obligations under article 115 of the Constitution;
(c)
Progressively realize the human rights to water and sanitation using the
maximum available resources and guarantee funding and resources for water and
sanitation at the levels required to fulfil legal, policy and programme commitments
and to extend and improve water and sanitation service provision to poorly served or
unserved regions or communities;
(d)
Establish formal regulatory entities for both private and public
providers that are empowered to ensure that providers comply fully with human
rights and meet legal obligation and standards;
(e)
Establish rapid intervention mechanisms requiring State or federal
action to address situations in which water and sanitation systems are failing at the
municipal level, including with regard to urgent technical support and assistance,
emergency funding, ongoing support and training to ensure the delivery of the best
possible services;
(f)
Take all possible measures to ensure universal access to water and
sanitation for marginalized populations living in the most vulnerable circumstances,
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