E/C.12/2002/11
Page 16
for the realization of the right, States parties should take appropriate steps to ensure
that the private business sector and civil society are aware of, and consider the
importance of, the right to water in pursuing their activities.
50.
States parties may find it advantageous to adopt framework legislation to
operationalize their right to water strategy. Such legislation should include: (a) targets
or goals to be attained and the time-frame for their achievement; (b) the means by
which the purpose could be achieved; (c) the intended collaboration with civil society,
private sector and international organizations; (d) institutional responsibility for the
process; (e) national mechanisms for its monitoring; and (f) remedies and recourse
procedures.
51.
Steps should be taken to ensure there is sufficient coordination between the
national ministries, regional and local authorities in order to reconcile water-related
policies. Where implementation of the right to water has been delegated to regional or
local authorities, the State party still retains the responsibility to comply with its
Covenant obligations, and therefore should ensure that these authorities have at their
disposal sufficient resources to maintain and extend the necessary water services and
facilities. The States parties must further ensure that such authorities do not deny
access to services on a discriminatory basis.
52.
States parties are obliged to monitor effectively the realization of the right to
water. In monitoring progress towards the realization of the right to water, States
parties should identify the factors and difficulties affecting implementation of their
obligations.
Indicators and benchmarks
53.
To assist the monitoring process, right to water indicators should be
identified in the national water strategies or plans of action. The indicators should be
designed to monitor, at the national and international levels, the State party's
obligations under articles 11, paragraph 1, and 12. Indicators should address the
different components of adequate water (such as sufficiency, safety and acceptability,
affordability and physical accessibility), be disaggregated by the prohibited grounds
of discrimination, and cover all persons residing in the State party’s territorial
jurisdiction or under their control. States parties may obtain guidance on appropriate
indicators from the ongoing work of WHO, the Food and Agriculture Organization of
the United Nations (FAO), the United Nations Centre for Human Settlements
(Habitat), the International Labour Organization (ILO), the United Nations Children’s
Fund (UNICEF), the United Nations Environment Programme (UNEP), the United
Nations Development Programme (UNDP) and the United Nations Commission on
Human Rights.
54.
Having identified appropriate right to water indicators, States parties are
invited to set appropriate national benchmarks in relation to each indicator.28 During
28
See E. Riedel, “New bearings to the State reporting procedure: practical ways to
operationalize economic, social and cultural rights – The example of the right to
health”, in S. von Schorlemer (ed.), Praxishandbuch UNO, 2002, pp. 345-358. The