A/68/264
the impact of downstream water pollution found that the benefits of treating
domestic and industrial wastewater offset the costs by a factor of 2:3. 47
D.
Strengthening transparency, accountability and compliance with
human rights
71. Transparency and accountability are among the key principles of human rights.
Impact assessments can serve to strengthen compliance with human rights, while
accountability mechanisms are crucial for providing redress. Improving data lays
the ground for better planning and monitoring.
1.
Ensuring participation
72. While environmental impact assessments are carried out for certain projects,
assessments that include evaluation of the impact on human rights are not
undertaken as regularly. Moreover, there are many projects for which assessments
are not yet commonplace, or when they are undertaken, lack transparency and
community involvement with the excuse that the information is confidential.
73. When States plan projects for wastewater management or projects that may
have an impact on water quality, they need to carry out impact assessments in line
with human rights standards and principles. While the Special Rapporteur welcomes
the fact that companies undertake impact assessments of their projects, she also sees
challenges when the findings are not publicly accessible. Moreover, Government
institutions need to be able to not only access such studies, but also to analyse and
assess them independently, or carry out their own assessments, as the basis for
determining whether licences for a given project will be granted. This requires
capacity in terms of human, technical and financial resources and expert knowledge
(see A/HRC/21/42/Add.2, para. 22).
74. A human rights impact assessment can be integrated within existing
environmental or social impact assessments. Such assessments should be carried out
both, ex-ante and ex-post, to ensure the prevention of negative impact and
monitoring throughout the process. Assessments must be based on human rights
standards and follow human rights principles in the process of conducting them as
previously spelled out by the Special Rapporteur (see A/HRC/15/31, para. 45).
2.
Providing accountability mechanisms
75. The human rights framework obliges States to put in place mechanisms to hold
the relevant actors accountable. They must provide for redress mechanisms in the
law and address barriers that may prevent access to justice in practice, including
through measures to overcome obstacles such as prohibitive costs, language
requirements, requirements of representation and geographic location of institutions.
Members of the legal profession must be adequately trained in human rights law,
including economic, social and cultural rights, non-discrimination law, and
environmental law.
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47
13-41825
“Downstream Impacts of Water Pollution in the Upper Citarum River” (West Java,
Indonesia, 2011).
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