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lacking is an efficient framework to deal with faecal sludge management. The same
holds true for regulating diffuse pollution.
2.
Strong regulation and regulators combined with incentives
48. To curb water pollution effectively, regulation must target all sectors and cover
the whole country, giving priority to the elimination of the most urgent and serious
challenges, which vary from country to country and within countries. They might stem
from the use of pesticides and fertilizers in agriculture in rural areas, the
non-confinement and non-treatment of sludge and septage in densely populated urban
areas, or from industrial wastewater in areas that experience sudden economic
growth. States have to assess the situation at the microlevel and prioritize addressing
the most urgent challenges.
49. Regulations must aim both at managing wastewater to reduce the impact of
pollution as well as preventing pollution. Regulation can set standards with numerical
limits for certain substances or entirely ban particularly dangerous substances. It can
also foresee the issuance of permits for discharges of a certain volume and quality.
Regulation can, and must, set standards for improving the collection, treatment and
reuse of wastewater, while incorporating sludge management. The precautionary
principle must be enshrined with regard to water pollution threats, which are not well
understood but have the potential to endanger human rights. Another approach, which
is used to ensure that drinking water is not contaminated, is to establish safeguard
zones. Many European countries have done so based on the European Water Policy
Framework Directive. 33 Such zones usually impose limitations on certain activities,
such as agriculture and tourism, among others.
50. Looking at households, some countries make it mandatory to connect to sewage
lines, where they are available (see A/HRC/21/42/Add.2, para. 18). In countries with
extensive sewerage networks, this may be a feasible measure, but it requires ensuring
that connections are affordable even for people living in poverty, for instance, through
the targeted use of subsidies. Often, challenges remain in that regard.
51. One of the biggest incentives for improved wastewater management is the
increasing understanding that wastewater is a resource. 34 In the agricultural sector, an
estimated area of between 4 million and 20 million ha worldwide (i.e., the surface
area of Switzerland and Senegal, respectively) is irrigated with wastewater or
fertilized by sludge. 35 While this use is welcome, when the use is unregulated, it
exposes producers, residents and consumers to health risks. 36 Therefore, the risks and
benefits of irrigation with wastewater need to be balanced. The Guidelines on the Safe
Use of Wastewater, Excreta and Greywater in Agriculture and Aquaculture 37 provide
useful standards. In Namibia, the Special Rapporteur witnessed efforts to treat
wastewater to the standard of drinking water (see A/HRC/21/42/Add.3, para. 15).
52. Frameworks must include fines and penalties as a way of enforcement. In
cases of serious breaches, countries may also turn to criminal law. Finally,
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34
35
36
37
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Directive 2000/60/EC of the European Parliament and of the Council.
See, e.g., Valentina Lazarova and others (eds.), “Milestones in Water Reuse”, IWA Publishing.
B. Jiménez and others, “Wastewater, sludge and excreta use in developing countries”, in
P. Drechsel and others (eds.), “Wastewater irrigation and health”, pp. 3-28.
Global atlas of excreta, pp. 32 and 33.
World Health Organization, Guidelines for the Safe Use of Wastewater, Excreta and Greywater
(vol. 4).
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