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principles. However, those organizations do not yet r ecognize such principles as
obligations under international human rights law or necessarily observe them as
such in project implementation and reporting. Some elements of the normative
content of the human rights to water and sanitation, such as water quality and
availability, are addressed by development cooperation projects, while others, such
as affordability of services and accessibility, are systematically absent from policies.
37. In that respect, the recently issued OECD Principles on Water Governan ce
represent a relevant example of a broad political commitment on the part of
developed countries. The 12 principles clearly encompass some human rights
principles, such as transparency and participation (referred to as “stakeholder
engagement” therein), as well as other good practices, such as promoting policy
coherence across sectors. However, important normative content, such as
affordability, appears as more of an aspiration than an obligation under human rights
law. 21 A 2007 policy paper of the OECD Development Assistance Committee on
human rights and development clearly indicated the need to integrate human rights
into decision-making, establish safeguards and promote the observation of human
rights principles such as non-discrimination. 22
38. It is important to clarify that the observation of some human rights principles
and normative content is not the same as, and is usually far from, the application of
a human rights-based approach. To ensure an effective foundation for a human
rights-based approach to development cooperation in the water and sanitation
sector, States and multilateral agencies must adopt a holistic view of policy, project
and programme compliance within the human rights framework.
39. A few funders have implemented projects aiming explicitly to improve the
situation with respect to the human rights to water and sanitation. One of the very
few examples of a project with a specific human rights focus is a German
Cooperation-funded project in Kenya on ensuring the right to water for the poorest.
Considering the need to supply drinking water to the urban poor, the project set up a
network of water kiosks to sell water at regulated prices and created water action
groups to improve participation. Consequently, the Government of Kenya reques ted
funders to align their programmes to reflect the human right s to water and
sanitation. 23 Another example is the creation of a manual on the right to water and
sanitation, a tool to assist policymakers and practitioners in developing strategies
for implementing the human rights to water and sanitation, which was funded by the
Swiss Agency for Development and Cooperation and the United Nations Human
Settlements Programme (UN-Habitat), that includes recommendations for
development cooperation. 24
40. The Special Rapporteur is of the view that the framework for the human right s
to water and sanitation should be applied across all forms and levels of water and
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See OECD, “OECD principles on water governance”, available from www.oecd.org/governance/
oecd-principles-on-water-governance.htm .
See OECD, “Development Assistance Committee action-oriented policy paper on human rights
and development”, 1 June 2007.
See European Commission, “Commission staff working document: tool-box — a rights-based
approach, encompassing all human rights for European Union development cooperation ”,
30 April 2014.
See Centre on Housing Rights and Evictions and others, Manual on the Right to Water and
Sanitation (Geneva, 2007).
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