A/68/264
76. A range of accountability mechanisms can be used, not limited to the formal
court system. Quasi-judicial and administrative mechanisms (including regulators)
can play an important role in ensuring accountability by monitoring compliance
with rights, reporting violations, and receiving complaints. Service providers should
also establish grievance mechanisms or platforms to discuss user satisfaction so as
to respond to complaints and concerns. The same holds true for companies whose
water use has potential impacts on communities.
77. In some instances, applicants have successfully used litigation, before both
national courts and international bodies. A community in Córdoba, Argentina, was
affected by an overstretched sewage treatment plant that allowed raw sewage to
flow into the local river. The court ordered the city both to provide the community
with alternate sources of water in the short term and to reduce the contamination of
the river. 48 A court in South Africa decided that a mining company was obliged to
continue dealing with acid mine drainage and bear the costs for remediation even
after it had sold the mine. 49 The European Committee on Social Rights found
Greece in violation of the right to health owing to the country’s failure to implement
measures and enforce regulations to reduce the harmful impact of industrial
pollution in the River Asopos. 50 The Colombian Constitutional Court ordered a pig
farm that caused pollution to stop operations based on the applicants’ right to
health. 51
3.
Improving the data situation
78. Reliable and adequate data provides the basis for planning, monitoring and
accountability. However, water quality is not sufficiently tested and monitored
(see report on mission to Bangladesh (A/HRC/15/55, para. 68); and report on
mission to Slovenia (A/HRC/18/33/Add.2, paras. 63 and 64)). Even where data is
collected, it is not always made available (see A/HRC/15/31/Add.3, para. 36).
79. Figures on wastewater treatment are difficult to interpret, as statistics often
measure only the percentage of collected wastewater that is treated, leaving aside
wastewater and resulting pollution that are not collected in networks, as well as large
volumes of groundwater that users extract in a private manner which then contributes
to wastewater production. Systematic monitoring of small wastewater treatment
systems, including cesspools and septic tanks is challenging (see A/HRC/18/33/Add.2,
para. 21). Moreover, wastewater from diffuse sources is almost impossible to quantify
and monitor.
80. However, efforts are under way to improve monitoring of water quality in
various countries (see report on mission to Senegal (A/HRC/21/42/Add.1, para. 64)),
including groundwater monitoring (see A/HRC/18/33/Add.2, para. 9; and
A/HRC/24/44/Add.3, para. 42). In addition, the Joint Monitoring Programme also
seeks to improve water quality monitoring at the global level.
__________________
48
49
50
51
20/23
Yamile Najle, “Human rights to water and sanitation in courts”. Prepared for consultation with
civil society organizations on good practices, Geneva, September 2010.
Harmony Gold Mining Company Ltd v. Regional Director: Free State Department of Water
Affairs and Others (68161/2008) [2012] ZAGPPHC 127 (29 June 2012), para. 39.
European Committee on Social Rights, International Federation for Human Rights v. Greece,
Complaint No. 72/2011, 23 January 2013, paras. 149-154.
María de Jesús Medina Pérez and others v. Alvaro Vásquez, Seventh Chamber of Review of the
Constitutional Court, Case No. T-34561, 22 November 1994.
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