A/HRC/36/45/Add.2
other economic activities, and some of them also reported that it has a negative impact on
their health.
D.
Other vulnerable groups
56.
The Special Rapporteur sought information regarding the provision of water and
sanitation facilities for homeless persons, including in large urban centres such as Mexico
City. While he was not able to ascertain the situation regarding government provision of
services, he urges all relevant authorities to put in place measures to ensure that homeless
persons have free access to safe drinking water, as well as to adequate toilets and bathing
facilities. It was brought to his attention that some families faced financial challenges due to
issues such as the forced disappearance of family members or internal displacement due to
violence, which affects their capacity to pay for their water and sanitation services.
Provisions are necessary to ensure that social tariffs are applicable in such cases.
V. Information, participation and accountability
57.
In all communities that the Special Rapporteur visited he was told that information
provision relating to water and sanitation services and meaningful consultation and
participation in decision-making processes were generally inadequate and in many cases
non-existent. Civil society representatives stated that the National Water Commission
frequently refuses to provide information about water, allegedly referring to security
concerns based on the National Water Law, and has no adequate participatory space for
decision-making.
58.
Non-governmental organizations indicated that there is a lack of transparency
regarding the quality of water administered through public supply networks and in water
sources, many of which are used directly without treatment. In zones hosting extractive
industries (oil and shale gas extraction in Emiliano Zapata, Papantla, Veracruz State),
contamination of water supply sources, owing to accidents or degraded supply networks, is
apparently recurrent. Nevertheless, there is a lack of information from public authorities
indicating to users that water quality may be compromised, when according to other
evaluations that is evidently the case. That lack of information may constitute negligence
on the part of the public authorities, or a deliberate attempt to avoid public awareness about
the problem. Some community sources reported being unaware of shale gas extraction
operations being conducted in their localities until they became aware of water
contamination issues, noting that they had never been informed or consulted about such
activities.
59.
Mexico has not yet ratified the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, which would allow communications (complaints) to
be submitted to the Committee on Economic, Social and Cultural Rights by or on behalf of
individuals or groups of individuals who claim to be victims of a violation of any of the
economic, social and cultural rights set forth in the Covenant. Officials noted that they were
monitoring progress on the ratification of the Optional Protocol and also considering it in
the context of the Government’s other human rights priorities. The Special Rapporteur
emphasizes that it is crucial that national legislation provides a clear guarantee to
individuals and groups who are alleged victims of violation of their rights to water and
sanitation, so that they are able to file complaints before a judicial body, request legal
remedies and have those remedies enforced. He urges the Government to show leadership
in ratifying the Optional Protocol without further delay as an important step to fulfil its
international human rights commitments.
60.
A considerable amount of information and cases reported to the Special Rapporteur
indicate significant obstacles relating to access to justice on the rights to water and
sanitation. Many individuals, especially those in vulnerable situations, do not have a clear
understanding of their rights, proper legal advice, or resources to access judicial
mechanisms. Furthermore, they do not trust the authorities, as so many cases of violations
of the human rights to water and sanitation do not reach tribunals, and substantive
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