E/C.12/2002/11
Page 15
by identifying right-to-water indicators and benchmarks; (iv) failure to take measures
to reduce the inequitable distribution of water facilities and services; (v) failure to
adopt mechanisms for emergency relief; (vi) failure to ensure that the minimum
essential level of the right is enjoyed by everyone (vii) failure of a State to take into
account its international legal obligations regarding the right to water when entering
into agreements with other States or with international organizations.
V. IMPLEMENTATION AT THE NATIONAL LEVEL
45.
In accordance with article 2, paragraph 1, of the Covenant, States parties are
required to utilize “all appropriate means, including particularly the adoption of
legislative measures” in the implementation of their Covenant obligations. Every State
party has a margin of discretion in assessing which measures are most suitable to meet
its specific circumstances. The Covenant, however, clearly imposes a duty on each
State party to take whatever steps are necessary to ensure that everyone enjoys the
right to water, as soon as possible. Any national measures designed to realize the right
to water should not interfere with the enjoyment of other human rights.
Legislation, strategies and policies
46.
Existing legislation, strategies and policies should be reviewed to ensure that
they are compatible with obligations arising from the right to water, and should be
repealed, amended or changed if inconsistent with Covenant requirements.
47.
The duty to take steps clearly imposes on States parties an obligation to adopt
a national strategy or plan of action to realize the right to water. The strategy must: (a)
be based upon human rights law and principles; (b) cover all aspects of the right to
water and the corresponding obligations of States parties; (c) define clear objectives;
(d) set targets or goals to be achieved and the time-frame for their achievement; (e)
formulate adequate policies and corresponding benchmarks and indicators. The
strategy should also establish institutional responsibility for the process; identify
resources available to attain the objectives, targets and goals; allocate resources
appropriately according to institutional responsibility; and establish accountability
mechanisms to ensure the implementation of the strategy. When formulating and
implementing their right to water national strategies, States parties should avail
themselves of technical assistance and cooperation of the United Nations specialized
agencies (see Part VI below).
48.
The formulation and implementation of national water strategies and plans of
action should respect, inter alia, the principles of non-discrimination and people's
participation. The right of individuals and groups to participate in decision-making
processes that may affect their exercise of the right to water must be an integral part
of any policy, programme or strategy concerning water. Individuals and groups should
be given full and equal access to information concerning water, water services and the
environment, held by public authorities or third parties.
49.
The national water strategy and plan of action should also be based on the
principles of accountability, transparency and independence of the judiciary, since
good governance is essential to the effective implementation of all human rights,
including the realization of the right to water. In order to create a favourable climate