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the periodic reporting procedure, the Committee will engage in a process of “scoping”
with the State party. Scoping involves the joint consideration by the State party and
the Committee of the indicators and national benchmarks which will then provide the
targets to be achieved during the next reporting period. In the following five years, the
State party will use these national benchmarks to help monitor its implementation of
the right to water. Thereafter, in the subsequent reporting process, the State party and
the Committee will consider whether or not the benchmarks have been achieved, and
the reasons for any difficulties that may have been encountered (see General
Comment No.14 (2000), para. 58). Further, when setting benchmarks and preparing
their reports, States parties should utilize the extensive information and advisory
services of specialized agencies with regard to data collection and disaggregation.
Remedies and accountability
55.
Any persons or groups who have been denied their right to water should
have access to effective judicial or other appropriate remedies at both national and
international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of
the Rio Declaration on Environment and Development).29 The Committee notes that
the right has been constitutionally entrenched by a number of States and has been
subject to litigation before national courts. All victims of violations of the right to
water should be entitled to adequate reparation, including restitution, compensation,
satisfaction or guarantees of non-repetition. National ombudsmen, human rights
commissions, and similar institutions should be permitted to address violations of the
right.
56.
Before any action that interferes with an individual’s right to water is carried
out by the State party, or by any other third party, the relevant authorities must ensure
that such actions are performed in a manner warranted by law, compatible with the
Covenant, and that comprises: (a) opportunity for genuine consultation with those
affected; (b) timely and full disclosure of information on the proposed measures; (c)
reasonable notice of proposed actions; (d) legal recourse and remedies for those
affected; and (e) legal assistance for obtaining legal remedies (see also General
Comments No. 4 (1991) and No. 7 (1997)). Where such action is based on a person’s
failure to pay for water their capacity to pay must be taken into account. Under no
circumstances shall an individual be deprived of the minimum essential level of water.
57.
The incorporation in the domestic legal order of international instruments
recognizing the right to water can significantly enhance the scope and effectiveness of
Committee notes, for example, the commitment in the 2002 World Summit on
Sustainable Development Plan of Implementation to halve, by the year 2015, the
proportion of people who are unable to reach or to afford safe drinking water (as
outlined in the Millennium Declaration) and the proportion of people who do not have
access to basic sanitation.
29
Principle 10 of the Rio Declaration on Environment and Development (Report of the
United Nations Conference on Environment and Development, see footnote 5 above),
states with respect to environmental issues that “effective access to judicial and
administrative proceedings, including remedy and redress, shall be provided”.