A/71/302
human rights language into its development cooperation policies, aiming to adopt a
rights-based approach in its cooperation policy and supporting the implementation
of the human rights to water and sanitation. 37
44. Unfortunately, many funders still refrain from placing human rights a t the core
of their policies or from explicitly recognizing the human right s to water and
sanitation in their policies. In such countries, practical experience in translating the
human rights to water and sanitation into project implementation still seems limited.
45. A review of the development cooperation policies of major multilateral
funders in the sector reveals a mixed panorama regarding the consolidation of the
human rights to water and sanitation similar to the policies of funding States. Some
major funders, such as the Inter-American Development Bank 38 and UNICEF (see
E/ICEF/2006/6), have issued specific policy documents in which the human right s
to water and sanitation have been recognized. For other funders, including the
European Union, the general policy framework may reflect a clear concern for
guaranteeing human rights through all development cooperation projects. The
European Union has committed itself to using a human rights-based approach to
ensure that efforts are strengthened to assist partner countries in implementing their
international human rights obligations. 39
46. Conversely, other major multilateral funders do not incorporate human rights
into their policy frameworks, sometimes intentionally. The most remarkable such
case concerns the International Bank for Reconstruction and Development and the
International Development Association, which form part of the World Bank Group,
as thoroughly discussed in 2015 by the Special Rapporteur on ext reme poverty and
human rights (A/70/274). Notwithstanding references in policy analyses and public
relations statements to the importance of the human rights framework, which in any
case are non-committal, the World Bank has controversially abstained from including
human rights-related criteria in its operational policies, except with respect to the
rights of indigenous peoples. Several official World Bank statements have expressed
the view that human rights are matters of political concern that, in accordance with
the institution’s articles of agreement, cannot be considered as criteria for the
disbursement of funds. The recently established multilateral development banks,
including the Asian Infrastructure Investment Bank and the New Development
Bank, include nearly identical terms in their articles of agreement. 40
47. It is notable that some important multilateral funders, including the World
Bank and the Asian Development Bank, view water as a socially vital econ omic
good 41 and aspire to similar goals of creating inclusive economic growth and
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37
38
39
40
41
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Spanish Agency for International Development Cooperation, submission to the Special
Rapporteur, 2016.
See Inter-American Development Bank, “Access to water and sanitation for all and the right to
water in the American region”, Policy Paper, November 2011.
Council of the European Union, “EU strategic framework and action plan on human rights and
democracy”, 25 June 2012.
See New Development Bank, Articles of Agreement, annex, art. 13(e), available from
http://ndbbrics.org/agreement.html. See also Asian Infrastructure Investment Bank, Articles of
Agreement, art. 31(2), available from www.aiib.org/uploadfile/2015/0814/20150814022158430.pdf.
See Asian Development Bank, “Water for all: the water policy of the Asian Development Bank ”,
June 2003.
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