A/HRC/18/33
must be disaggregated according to prohibited grounds of discrimination to capture whether
the specific targets set for marginalized and vulnerable populations have been reached.
38.
Monitoring must be carried out by State institutions, but external actors should be
able to examine critically public monitoring processes, reports and data sets, which requires
full transparency regarding these processes. Civil society organizations and communities
themselves should be involved in monitoring and evaluation activities related to their water
and sanitation services. In some countries, such as Argentina and Portugal, regulatory
institutions play a significant role in monitoring service provision, while in others, such as
Colombia, Ecuador and Peru, national human rights institutions have developed extensive
monitoring programmes regarding the realization of the right to water. Slum Dwellers
International encourages data collection by local communities in order to ensure that data is
accurate and relevant to the community.27
IV.
Success factors
39.
The success of planning is as much about the process of the development of the plan
as about the actual plan and the activities that flow from it. Successful planning includes a
number of factors explored below.
A.
Sound legal frameworks based on human rights and access to justice
40.
Water and sanitation strategies and plans must be anchored in a strong legal
framework. First, this requires a review of existing legislation to detect gaps and to assess
whether it is in line with the full enjoyment of the rights to water and to sanitation. This
relates to the legal framework for water and sanitation specifically, but also to legislation
that may have an indirect impact on it, such as criminal, child protection, urban planning or
inheritance laws. Where legislation is inconsistent, it must be repealed, amended or
adapted. Laws and regulations should include clear standards for service delivery covering
the normative content of the rights, so as to provide the basis for accountability by allowing
people to base claims on legally binding entitlements. For instance, South African
regulations provide very clear standards for basic water supply, referring to a minimum
quantity of 25 litres per person per day, at a minimum flow rate of not less than 10 litres per
minute, within 200 metres of a household.28
41.
Moreover, legislation must prohibit discrimination and should provide for
participatory processes. Water and sanitation laws should also clearly designate institutional
roles and responsibilities. Water and sanitation should be claimable human rights, ensuring
access to justice and other accountability mechanisms. Access to justice requires not only
the existence of courts and a legal system, but also awareness of the law and rights and
opportunities to claim them. Measures must be put in place to overcome obstacles in access
to justice such as prohibitive costs, language requirements, needs of representation and
geographic location of the courts, as well as legal aid.
27
28
For details on these monitoring processes, see the compilation of good practices
(A/HRC/18/33/Add.1).
South Africa, Regulations relating to compulsory national standards and measures to conserve water,
20 April 2001, p. 3. Available from
www.dwaf.gov.za/Documents/Notices/Water%20Services%20Act/ SEC9DREG20%20April%202001.doc.
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