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includes independent monitoring, genuine public participation and imposition of
penalties for non-compliance.
(c) Obligations to fulfil
25.
The obligation to fulfil can be disaggregated into the obligations to facilitate,
promote and provide. The obligation to facilitate requires the State to take positive
measures to assist individuals and communities to enjoy the right. The obligation to
promote obliges the State party to take steps to ensure that there is appropriate
education concerning the hygienic use of water, protection of water sources and
methods to minimize water wastage. States parties are also obliged to fulfil (provide)
the right when individuals or a group are unable, for reasons beyond their control, to
realize that right themselves by the means at their disposal.
26.
The obligation to fulfil requires States parties to adopt the necessary
measures directed towards the full realization of the right to water. The obligation
includes, inter alia, according sufficient recognition of this right within the national
political and legal systems, preferably by way of legislative implementation; adopting
a national water strategy and plan of action to realize this right; ensuring that water is
affordable for everyone; and facilitating improved and sustainable access to water,
particularly in rural and deprived urban areas.
27.
To ensure that water is affordable, States parties must adopt the necessary
measures that may include, inter alia: (a) use of a range of appropriate low-cost
techniques and technologies; (b) appropriate pricing policies such as free or low-cost
water; and (c) income supplements. Any payment for water services has to be based
on the principle of equity, ensuring that these services, whether privately or publicly
provided, are affordable for all, including socially disadvantaged groups. Equity
demands that poorer households should not be disproportionately burdened with water
expenses as compared to richer households.
28.
States parties should adopt comprehensive and integrated strategies and
programmes to ensure that there is sufficient and safe water for present and future
generations.22 Such strategies and programmes may include: (a) reducing depletion of
water resources through unsustainable extraction, diversion and damming; (b)
reducing and eliminating contamination of watersheds and water-related eco-systems
by substances such as radiation, harmful chemicals and human excreta; (c) monitoring
water reserves; (d) ensuring that proposed developments do not interfere with access
to adequate water; (e) assessing the impacts of actions that may impinge upon water
availability and natural-ecosystems watersheds, such as climate changes,
desertification and increased soil salinity, deforestation and loss of biodiversity;23 (f)
22
See footnote 5 above, Agenda 21, chaps. 5 ,7 and 18; and the World Summit on
Sustainable Development, Plan of Implementation (2002), paras. 6 (a), (l) and (m), 7,
36 and 38.
23
See the Convention on Biological Diversity, the Convention to Combat Desertification, the
United Nations Framework Convention on Climate Change, and subsequent
protocols.