A/HRC/36/45/Add.2
33.
Mexico is also one of the largest consumers of soft drinks in the world. Academics
and members of non-governmental organizations reported to the Special Rapporteur that
that is also a result of the distrust regarding the quality of drinking water, including in
schools, which has enabled soft drinks companies to exploit the situation and led to
worryingly high levels of childhood obesity. In a positive step, in 2014, a soda tax was
created, with the authorities undertaking to use revenues to support the implementation of
drinking water fountains in public schools, a step that is also supported by the national
General Act on Education Infrastructure. The Special Rapporteur encourages the
Government to ensure continuous implementation of that programme.
34.
The Special Rapporteur was informed about numerous cases relating to
contamination and pollution of water sources due to factors such as mining and industrial
projects, hydroelectric power and hydrocarbon extraction, including the use of fracking in
some States such as Veracruz, Puebla, Coahuila, Nuevo León and Tamaulipas, as well as
indiscriminate and uncontrolled use of pesticides. It was reported that, in numerous cases,
those environmental issues directly or indirectly affected water sources, raising concerns
about drinking water quality and health protection in affected areas, considering that
various contaminants are not adequately removed by water treatment plants and that in
some cases, water is directly consumed from the sources. For example, in locations where
piped water offers only sporadic and unreliable supply, communities are heavily reliant on
local rivers, springs, creeks and wells for their water consumption. Local communities in
areas affected by contamination of water sources expressed their frustration that their
complaints go unanswered, that they are not properly consulted prior to the project design
and implementation and that their right to water seems to be a low priority for the relevant
authorities and private bodies. One indigenous representative stated that “the sources from
which we take our water are the same as those used by the hydrocarbon companies. We feel
that the water is sick and we are becoming sick too, because the water is sick”.
35.
The Special Rapporteur heard reports that the poor quality of drinking water and
lack of adequate sanitation and wastewater treatment was negatively affecting individuals’
health. Residents frequently noted that their concerns were ignored and that there was a
lack of accountability of service providers. Civil society called for strengthening of the
monitoring and regulatory frameworks to rapidly address such issues and provide
appropriate responses to concerned communities. There must be recognition of the impact
of economic 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. It needs to be emphasized that public and private
companies have the responsibility to respect the human rights to water and sanitation and to
take due diligence measures to avoid and reduce any negative impact on those rights.
Additionally, the Government’s systematic monitoring of the level of specific contaminants
in piped water is an urgent issue.
36.
In remote indigenous communities in Chiapas (see para. 51 below), which are
heavily reliant on local surface-water sources, some residents noted that they and their
children had experienced health problems, including diarrhoea, vomiting and headaches,
and were concerned that the water quality might be the cause. Without adequate piped and
purified water provision, they rely on a lagoon where animals use the same source and
defecate close to the water. Even in larger urban settings such as Real del Bosque in Tuxtla
Gutiérrez, the Special Rapporteur was informed that the wastewater treatment plant was not
functioning and that large quantities of wastewater flowed from the more than 8,000
households into local creeks near to homes. Residents complained that they suffered from
increasing incidents of illness, dermatosis and eye infections, which they attributed to the
exposure to wastewater, while their complaints received no positive response from the
service provider or municipality.
37.
The Special Rapporteur notes that a number of measures are necessary when
applying the human rights lens to the issue of water quality. Strengthening the control of
water quality by providers, combined with a more comprehensive surveillance of water
quality, will ensure a more reliable picture of the risks associated with water consumption
in each community and city. Additionally, the right to information must be ensured by
authorities and water providers, giving systematic information to users on the quality of the
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