A/HRC/36/45/Add.2
prices to transport water by donkey to their hillside homes and to buy bottled water, as they
are considered ineligible for full access to water on the basis of the community’s lack of
legal status. The Special Rapporteur was informed by the authorities that it was difficult to
provide water to communities living on hillsides where the elevation creates technical
problems. However, civil society demonstrated that wealthy communities in other parts of
the city, also living in high elevation areas, experienced few problems with access to piped
water and high levels of service provision, showing that inequalities in water supply in the
city are linked to wealth, and not to technical concerns. City officials argued that providing
water and sanitation services to such locations and populations would legitimize illegal
settlement or occupation of lands.
24.
Equally, in Tuxtla Gutiérrez, in Chiapas State, the residential community of Real del
Bosque has not been granted full legal status, which has serious implications in terms of
access to water for over 8,000 households. An unregulated informal service provider
operates the services and the community reported serious complaints to the Special
Rapporteur about access to water, the quality of the services, their price and systematic and
indiscriminate disconnections. The Special Rapporteur recalls that the human rights to
water and sanitation must be respected, protected and fulfilled for all in society, irrespective
of their social and economic conditions and their housing situation. Efforts should be made
to formalize informal settlements and extend water and sanitation services to such
locations.
2.
Sanitation
25.
The national provision of sanitation services, particularly for urban and rural areas
not connected to sewerage systems, is a cause for concern and must not be neglected. The
human right to sanitation does not necessarily require collective solutions, but establishes
governments’ obligations to support individual solutions to meet the proper sanitary, health
and environmental requirements. In some localities visited, the sanitation system was
extremely basic or non-existent, poorly functioning or had ceased to function entirely with
consequences including untreated wastewater discharged directly into local streams and
rivers that are water sources for communities downstream. In Filomeno Mata, San José del
Rincón and Tuxtla Gutiérrez, the Special Rapporteur witnessed expensive wastewater
treatment plants that are not operational due to lack of maintenance, collapsed sewerage
lines and insufficient funds.
26.
While the sanitation sector benefited from exceptionally high investment in 2012
(17.6 billion pesos), it has since received decreasing funds (5.6 billion pesos in 2015) and
state and municipal authorities and civil society expressed concerns regarding the potential
for further erosion of services or failure to expand or maintain essential sanitation
infrastructure. The Special Rapporteur visited San Cristóbal de las Casas, which has over
200,000 inhabitants, and witnessed a large flow of untreated wastewater flowing
downstream, inevitably contaminating water sources and resulting in serious health
problems.
3.
Public institutions
27.
The Special Rapporteur was particularly concerned to learn that many schools in
Mexico lack adequate drinking water and sanitation facilities. Mexico has 206,155 public
schools, of which 42,617 obtain water from either a water well or a tanker truck, and 6,489
schools lack access to water. The quality of water when available is not guaranteed. For
instance, the Special Rapporteur met protesters outside one public school in Real del
Bosque who complained about the lack of water provision to the school, which was
reportedly available only once every 12 days, requiring the parents’ association to pay
several thousand pesos per month for water tankers, thus diminishing the resources
available for other school needs or activities. Despite the costs they incur, they complained
that there are no water fountains, toilet facilities are inadequate and school meals are
prepared with contaminated water. In many schools, toilets do not function properly due to
the lack of water to flush away waste. In Mexico City, over 120 preschool, primary and
secondary public schools have to obtain water from sources other than the public water
network.
8