A/71/302
effectively with States parties, building on their respective expertise, in relation to
the implementation of the right to water at the national level and that the international
financial institutions should take into account the right to water in their lending
policies, credit agreements, structural adjustment programmes and other development
projects, so that the enjoyment of the right to water is promoted (see E/C.12/2002/11,
para. 60). The Special Rapporteur is of the view that, since 164 States are parties to
the International Covenant on Economic, Social and Cultural Rights as well as other
relevant international human rights instruments, international financial institutions,
regional banks and regional development organizations, all of which consist of
Member States that have signed and ratified multiple human rights treaties, should
respect, protect and facilitate the human rights to water and sanitation through their
activities. It follows that, even when non-State actors operationalize development
cooperation initiatives supported by multilateral funders, those funders may also be
held accountable for complying with human rights obligations. In addition,
international organizations are bound by all human rights that are part of international
customary law, general principles of law and the human rights -related provisions in
their constitutions. The latter are particularly applicable to United Nations
specialized agencies given that they are bound by the Charter of the United Nations.
B.
How human rights principles apply and should be manifested in
development cooperation
14. Integrating human rights law and principles into development cooperation
provides a clear legal framework for the human rights to water and sanitation that
States have already recognized. In addition, the normative content of the human
rights to water and sanitation and human rights principles offer guidance on who
and what to prioritize in planning and programming international cooperation, as
well as on how policies, programmes and interventions should take place. It is
critical to use the language of the human rights to water and sanitation explicitly
because, as stated by the Special Rapporteur on extreme poverty and human rights,
the human rights language recognizes the dignity and agency of all individuals and
is therefore intentionally empowering (see A/70/274, para. 65).
15. A human rights-based approach to development cooperation requires that the
main objective should be to fulfil human rights; that policies and programmes
identify rights-holders and their entitlements, as well as duty-bearers and their
obligations, with the aim of strengthening the capacities of right -holders to claim
their rights; and that human rights principles, notably the principles of equality and
non-discrimination, accountability, access to information, participation and
sustainability, be integrated into policies and programmes.
16. The principle of equality and non-discrimination, for instance, requires the
adoption of targeted measures and affirmative action in order to achieve substantive
equality. Funders and partners should work together and identify individuals and
groups that are disadvantaged in their access to water, sanitation and hygiene and
that are particularly vulnerable to exclusion and discrimination. Then they shou ld
develop policies and programmes that prioritize those individuals and groups.
17. The principle of participation requires that national stakeholders have
ownership and control over development in the processes of planning,
implementation, monitoring and evaluation and assessment. Development is for the
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