A/HRC/36/45/Add.2
jurisprudence on those rights has been limited in comparison with other rights. Attention
must be paid to strengthening responses in terms of follow-up to rulings and the provision
of remedies in such cases.
61.
While numerous community representatives noted that they had pursued complaints
by addressing the relevant bodies, including the National Human Rights Commission, and
some recommendations have been made relating to water and sanitation by human rights
institutions, it was evident that such complaint processes are currently insufficient to
achieve rapid and effective solutions for affected communities, if at all. The focus of human
rights bodies and judicial mechanisms seems to be on civil and political human rights issues
and it was evident that they are poorly equipped or reluctant to make judgments on
economic and social rights, including the rights to water and sanitation. While some notable
cases have been brought before the courts, progress must be improved on ensuring
justiciability of such human rights in practice.
62.
The Special Rapporteur is concerned that several community representatives, human
rights defenders and civil society organizations informed him that they or others had
experienced harassment, intimidation, threats or even arrest due to their complaints or
protests relating to access to water and the contamination of water sources. They expressed
the fear that they were being criminalized for exercising their right to protest, to defend
their human rights and to openly express their concerns. The Special Rapporteur is alarmed
by such reports and urges all relevant authorities to guarantee the rights of all individuals to
raise their concerns and to freely express their opinions without fear of reprisals. Where
complaints are brought to the authorities regarding any unlawful act against them, including
unlawful arrest and detention, such cases should be fully investigated and the corresponding
protection measures should be considered and implemented.
VI. Conclusions and recommendations
63.
The Special Rapporteur acknowledges the efforts of the Government of Mexico
and the positive progress that has been made in the provision of water and sanitation
services. The Government has made significant efforts to achieve adequate levels of
water supply and sanitation, including by ensuring that infrastructure coverage is
widespread in the country. Institutions are working hard to deliver services, and
numerous officials and municipal and community-based actors demonstrated their
dedication to operate and improve services to the best of their ability and resources,
often in difficult circumstances. Mexico must be commended for revising its
Constitution to incorporate the human rights to water and sanitation, which provides
a valuable Constitutional foundation upon which to build. It is now time to fulfil the
promise of the Constitution and transform those obligations into real enjoyment of
those rights by all the Mexican population, overcoming several challenges the Special
Rapporteur observed during his visit.
64.
Despite the positive developments, budget allocation and investment in water
and sanitation has been falling dramatically. It is essential to ensure that municipal
service delivery to communities fully matches the national obligation and commitment
to provide safe water and sanitation, which is not frequently the case currently. The
primary obligation for the realization of all human rights, including the rights to
water and sanitation, lies with the Government of Mexico, which is expected to use the
maximum available resources to meet that end, with the highest priority given to
service provision for domestic use. The Government must continue to strive to
overcome the barriers to achieving universal access to the highest attainable standard
of water and sanitation provision for all individuals.
65.
The Special Rapporteur considers that the Government should give higher
priority to the progressive realization of the rights to water and sanitation, as required
under its international obligations as a State party to the International Covenant on
Economic, Social and Cultural Rights. The adoption of a general law on water and
other appropriate legislative provisions, with proper participation and consultation
processes open to Mexican society, will be an important and necessary step to
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