A/71/302
1.
Obligations of States
10. On the one hand, States that are unable to fulfil their obligations with respect
to economic, social and cultural rights have the obligation to formulate relevant
plans and strategies, seek international cooperation as needed and utilize the
assistance provided towards the realization of economic, social and cultural rights.
On the other hand, States that are in a position to support other countries in realizing
those rights have the obligation to provide necessary support through international
assistance and cooperation in a manner consistent with their obligations to fulfil
economic, social and cultural rights extraterritorially. 4
11. More specifically with respect to the human right to water, the Committee on
Economic, Social and Cultural Rights explained that States parties are obligated to
respect the enjoyment of that right in other countries, to refrain from actions that
interfere with the enjoyment of the right to water in other countries and to prevent
their own citizens and companies from violating the right to water of individuals and
communities in other countries. In addition, the Committee indicated that States
should facilitate realization of the right to water in other countries, for example
through provision of water resources, financial and technical assistance and necessary
aid when required, in a manner that is consistent with the Covenant and other human
rights standards and that is sustainable and culturally appropriate. The economically
developed States have a special responsibility and interest to assist the poorer
developing States in that regard. The Committee also elaborated on the responsibility
of States through multilateral organizations, indicating that State parties that are
members of international financial institutions, notably the International Monetary
Fund, the World Bank and regional development banks, should take steps to ensure
that the right to water is taken into account in their lending policies, credit
agreements and other international measures (see E/C.12/2002/11, paras. 33, 34
and 36).
12. Non-State actors from both funder States and partner States often play an
important role in development cooperation. In that connection, it is important to
recall that, even when development cooperation in the water and sanitation sector
passes through non-governmental organizations, States continue to possess an
obligation to ensure that all instruments for delegation, including contracts, are in
line with human rights standards, contribute to the realization of the righ ts to water
and sanitation and guide the activities of non-State service providers (see
A/HRC/15/31, para. 63 (f)).
2.
Obligations of multilateral organizations
13. Regarding the obligations of multilateral actors, the Committee stated that
United Nations agencies and other international organizations should cooperate
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See, for example, E/C.12/2002/11 and Committee on Economic, Social and Cultural Rights,
general comment No. 15, para. 38; general comment No. 14, para. 45; general comment No. 17,
para. 40; general comment No. 19, para. 61 (available from http://tbinternet.ohchr.org/_layouts/
treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=9&DocTypeID=11). See also Committee
on the Rights of the Child, general comment No. 16, para. 41 (available from
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?TreatyID=5 &DocTypeID
=11). For a useful interpretation of international law on the issue, see the Maastricht Principles
on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights of
the ETO Consortium, principles 33, 34 and 35.
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