A/HRC/36/45/Add.2
disappearances, were noted as high priorities of concern to Mexico. While that is vital, he
encourages the Government, as required under international human rights law, to give equal
and appropriate attention and to provide necessary resources to address critical economic,
social and cultural rights, including the human rights to water and sanitation.
6.
As States are required to put in place national plans and targets to achieve goals
under the 2030 Agenda for Sustainable Development, a key message of that process has
been to “leave no one behind”. Mexico must ensure as the highest priority that no
individuals, families or communities are left without adequate water and sanitation services.
To meet its human rights obligations, it is important to highlight that working gradually to
realize the human rights to water and to sanitation would in turn help Mexico to achieve the
Sustainable Development Goals, particularly, but not exclusively, Goal 6.
II. Legal, institutional and policy frameworks
A.
Legal framework
7.
Mexico has ratified most of the core international human rights treaties relevant to
the human rights to water and sanitation, including the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the
Convention on the Rights of Persons with Disabilities, which stipulates the right to an
adequate standard of living, including the human rights to water and sanitation. Those
rights are explicitly recognized in several resolutions, particularly General Assembly
resolutions 64/292 and 70/169, and Human Rights Council resolution 33/10.
8.
Article 4 (6) of the Constitution, amended in 2012, explicitly guarantees the rights of
all individuals to have access to sufficient, safe, acceptable and affordable water and
sanitation services. While the Special Rapporteur commends Mexico for that development,
he notes that the Constitutional amendment required the adoption of specific legislation on
the subject to be enacted within 360 days. More than five years later, it is regrettable that no
such law has yet been adopted and progress on passing a law has stalled. The existing
National Water Law of 1992 remains in operation, but does not fully reflect the human
rights framework and the Constitutional amendments. The Government should move
forward in close consultation and collaboration with all key stakeholders, especially civil
society groups, to pass new legislation that is in accordance with the Constitutional
provisions. The legislation must assign priority to the interests of citizens, guarantee the
normative content of the human rights to water and sanitation and human rights principles,
clearly recognize that water for human consumption is a priority among water uses and
enable conditions in which those human rights can be put into practice.
9.
The Special Rapporteur emphasizes that a revised general law on water and other
appropriate legislative provisions would be an important step in ensuring the rights to water
and sanitation in practice, creating the legislative environment for concrete policies and
programmes to be formulated and implemented and allowing individuals and communities
to claim their rights under domestic law. A new law would also be instrumental in helping
to ensure an improved and strengthened institutional framework and operational
environment with clearly defined roles and responsibilities that better meet the increasing
needs of the country. A strong legal framework must be accompanied by an efficient
national water and sanitation policy, and comprehensive and participatory planning that
leads to a concrete implementation strategy and measures. The Special Rapporteur takes
note of several draft laws currently under consideration by the legislative power, but he is
concerned that there are very divergent views on the issue in Mexican society and that
previous attempts to reach a consensus have been unsuccessful.
B.
Institutional framework
10.
Under the Constitution (art. 115) and based on a project to decentralize service
provision, municipalities are in charge of drinking water, sanitation, drainage, treatment and
disposal of wastewater, as well as operating and maintaining infrastructure. Under the
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