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The MDGs and the human rights to water and sanitation 2010, para. 54
- Paragraph text
- However, international human rights commitments constitute prerequisites for the realization of the Goals, providing a wider set of complementary standards and mechanisms for accountability. Human rights monitoring institutions and expert bodies add important additional accountability dimensions to monitoring and reporting processes. These include courts, national human rights institutions and informal justice systems, as well as international mechanisms including the treaty bodies and special procedures. As emphasized earlier, the fact that human rights entitlements apply to all people everywhere - in richer, as well as poorer countries - fills an important gap in the Millennium Development Goals framework.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 55
- Paragraph text
- Under international human rights law, States are obliged to put in place mechanisms for accessible, affordable, timely and effective remedies for any breaches of economic, social or cultural rights. These requirements convey a different idea about accountability than that embodied in the Millennium Development Goals framework. The consequences for the non-realization of the Goals and the incentives for better performance are determined largely in the court of public opinion on the basis of the content of periodic reporting processes. This is not to be discounted: in countries with democratic and responsive governing institutions and a free and pluralistic media, a relatively poor scorecard - particularly when contrasted with countries with comparable per capita GDP - may provide welcome stimulus for improved performance. However, human rights standards and monitoring bodies go further by assessing compliance with specific legal obligations for the realization of human rights as well as responsibilities for violations, including with respect to discrimination, exclusion and unjustifiable retrogression.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 56
- Paragraph text
- National accountability mechanisms are naturally the most familiar with the needs of the poorest communities, although in some countries and contexts, they may not be the most responsive institutions. The role of the judiciary and public interest litigation deserve highlighting as courts worldwide are increasingly dealing effectively with economic, social and cultural rights claims. Public interest litigation can be linked to development strategies based on the Millennium Development Goals. For example, UNDP Turkey recently initiated a project called "Linking the MDGs to Human Rights" involving the production of a toolkit for city councils. The aim is to provide guidance on claiming rights and monitoring progress towards the Goals at the local level. The project explored the potential for public interest litigation in administrative courts to remedy human rights violations associated with inadequate progress, avoidable retrogression or discrimination in connection with efforts to realize the Goals.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 57
- Paragraph text
- The enforcement of human rights claims can have preventive as well as reactive or corrective impacts and, through a range of feedback channels, exert enduring influence on legislative reform and policymaking. Recent empirical research in Brazil, India, Indonesia, Nigeria and South Africa has found that "legalizing demand for socio-economic rights might well have averted tens of thousands of deaths in the countries studied ... and has likely enriched the lives of millions of others". Litigation of course has its limitations and risks, and we are still learning about the preconditions for effective claims in any given context. Nevertheless, the role of human rights adjudication should be accorded a more explicit and prominent place in strategies to strengthen accountability.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 24
- Paragraph text
- In the first instance, human rights law requires that water and sanitation services be available. Water supply for each person must be sufficient for personal and domestic uses. In determining what is sufficient, human rights ultimately go beyond minimum targets such as 20 litres of water per person per day as referred to in the official guidance on the Millennium Development Goal indicators, which is considered insufficient to ensure health and hygiene. The Millennium Development Goal indicators do not explicitly refer to the availability of services, but use access to an improved water source as a proxy assuming that such sources are likely to provide a sufficient quantity of water. For sanitation, availability is implicitly addressed in the indicator framework since shared facilities are not considered improved. However, from a human rights perspective, facilities such as those shared with neighbours (i.e., only a small number of people), which are accessible, safe, hygienic and well kept, may be acceptable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 26
- Paragraph text
- With regard to sanitation, the safety criterion is implicit in the Millennium Development Goal indicator insofar as avoiding contact with excreta is concerned, but the indicator does not refer to water necessary for personal hygiene. Moreover, the indicator is silent on the question of safe disposal of excreta, which in turn can affect water quality. Where the collection, treatment, disposal or re-use of excreta is not carried out with adequate care, leakage into groundwater, which is often a source of drinking water, may occur. Similarly, sewage from flush toilets that is not treated may end up in water used by downstream communities. In such cases, leakage of sewage from "improved" sanitation facilities then results in polluting water sources which are nevertheless considered "improved" sources under the Millennium Development Goal framework.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 28
- Paragraph text
- Fourthly, water and sanitation services must be accessible to everyone in the household or its vicinity on a continuous basis. Physical security must not be threatened when accessing facilities. Again, the Millennium Development Goals indicator on water is used as a proxy, on the assumption that "improved" sources are likely to be within the dwelling or a convenient distance from it. Accessibility could be measured more explicitly by using the time a round trip, including waiting time, takes. This could also serve as an indirect measurement of the amount of water people collect, as the distance to the water source has an impact on the quantity that can be collected. In fact, this is an indicator available from the surveys used by the Joint Monitoring Programme and has been reported on sporadically by the Joint Monitoring Programme as an additional criterion. The independent expert considers that this should be done systematically, including examination of accessibility in schools, workplaces and other spheres of life.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 20
- Paragraph text
- States must realize their human rights obligations in a non-discriminatory manner. They are obliged to eliminate both de jure and de facto discrimination on grounds of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status, or any other civil, political, social or other status including the social and economic situation. They are obliged to pay priority attention to groups and individuals particularly vulnerable to exclusion and discrimination. Depending on the circumstances, they may need to adopt positive measures to redress existing discrimination.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 13
- Paragraph text
- To a large extent, the debate has focused on the relative advantages and disadvantages of formal public or private provision, too often losing sight of this de facto commercialized service provision. While such services differ greatly depending on the circumstances, it is not uncommon for people to have no choice but to rely on services (often low quality) which are exorbitantly priced. Due to the high number of intermediaries involved in providing the service, high transport costs and a lack of regulation, water bought from informal private vendors is frequently 10 to 20 times as expensive as water provided by a utility. When looking beyond networked water supply and sewerage, adding in informal small-scale providers, a completely different picture of the characteristics of the private sector emerges. Overall, there is a need for a more nuanced debate, which recognizes the various forms of private sector participation, the wide range of non-State actors involved, the role of State-owned companies, as well as differences between networked provision of water and sanitation vs. on-site solutions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 17
- Paragraph text
- The work of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises is especially relevant to the subject of this report as it is concerned with States' obligations and business responsibilities. In his 2008 report to the Human Rights Council, the Special Representative set out a three-part policy framework entitled "Protect, Respect and Remedy" (A/HRC/8/5). It consists of the States' obligation to protect against human rights abuses by third parties, the responsibility of companies to respect human rights, and the need for access to effective remedies and grievance mechanisms to address alleged human rights violations. The Human Rights Council welcomed the framework by consensus in its resolution 8/7. The Special Representative is now in the process of further operationalizing the framework. To some extent, the work of the independent expert builds on the framework and is aimed at contributing to its operationalization by applying it specifically to the provision of water and sanitation services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63l
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] States must put into place supplementary social policies to ensure inclusiveness, such as safety nets and subsidies. These measures must be well targeted to actually reach those who need it most;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63m
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] To ensure accountability, States and other actors involved should clearly designate roles and responsibilities;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 52
- Paragraph text
- Even the best contracts and regulatory frameworks will not serve any purpose if they are not monitored and enforced. Monitoring compliance with the established standards is therefore essential. Benchmarking - against the best performing company, a model company, across different regions, or comparable cities - might be a suitable instrument to assess whether standards are met. It is critical that Governments have the commitment and the capacity for enforcement. The regulator must be endowed with the power to enforce existing regulations and the contractual agreements. Mechanisms for contract enforcement must include adequate incentives, serious penalties for non-compliance, such as fines, and the possibility of revocation of the contract.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 56
- Paragraph text
- The capacity to regulate effectively does not only depend on the institution itself, but is embedded in the broader context. Regulation will be undermined in a situation where corruption is rampant or when there is no functioning independent judiciary to enforce the regulatory framework and decisions taken by the regulator. Accountability and access to effective remedies are essential for closing the circle, as service providers and the State can be held accountable for deteriorating services, unmet performance standards, unjustified tariff increases, inadequate social policies or other breaches.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 57
- Paragraph text
- To ensure accountability, roles and responsibilities have to be clearly designated and made transparent. Also, the coordination between different entities involved - public and private - has to be ensured. Water and sanitation users must be able to identify who is responsible in order to hold the relevant actor to account. Corruption presents an additional challenge to building responsive and accountable institutions. Fighting it requires, above all, strong political will. Transparency, in particular, will help to reduce the risk of corruption, for instance, by ensuring that bidding is competitive and contracts are made public. Where a State-owned company is formed to deliver water and sanitation services, the legislative process for the establishment of the company should be the product of a participatory and transparent process. In all cases, clearly defined performance targets and disclosure of information help to reduce the risk of corruption.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 44
- Paragraph text
- States are encouraged to build human rights impact assessments into the process of deciding on the means of service provision and monitoring such provision, as well as to adopt legislation that imposes on service providers the obligation to carry out a human rights impact assessment. Service providers have a responsibility to undertake these assessments as part of exercising due diligence to become aware of the actual and potential impact of their action on the human rights to water and sanitation. On that basis, the State and service providers can work together to integrate human rights into water and sanitation policies, thereby ensuring compliance with human rights law, preventing human rights violations and maximizing positive effects.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 45c
- Paragraph text
- [Depending on the scale and expected impact of the decision and the size and capacity of the actor carrying out the assessment, the human rights impact assessment does not necessarily have to be very formal in nature. To facilitate the process, it could also be integrated with social or environmental impact assessments. While there is no agreed template for conducting a human rights impact assessment, some principal elements can be identified that should be taken into account:] The process of carrying out the assessment itself should be in line with human rights principles, including active, free and meaningful participation, non-discrimination, gender equality, transparency and accountability;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 6a
- Paragraph text
- [While target 7.C itself is of critical importance, it is also indispensable for achieving the other Millennium Development Goals:] Access to clean water and sanitation can reduce the risk of child mortality (Goal 4) by 50 per cent;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- Children
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 6b
- Paragraph text
- [While target 7.C itself is of critical importance, it is also indispensable for achieving the other Millennium Development Goals:] Clean water supply and sanitation services reduce diseases such as anaemia and vitamin deficiency that undermine maternal health (Goal 5);
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 47f
- Paragraph text
- [One of the key roles of regulation is to set and monitor performance standards. The regulatory framework has to set specific standards for providers to comply with in line with the human rights to water and sanitation and the obligation to progressively realize these rights in particular with regard to:] Accessibility of services. Services must be available within or in the immediate vicinity of each household as well as schools, workplaces, health-care settings and public places. Access must be ensured in a sustainable manner;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 59
- Paragraph text
- In any case, non-State service providers must not obstruct access to State-based accountability mechanisms, including court proceedings. Such mechanisms are essential, since an appropriate solution might not be found between the individual who has allegedly been harmed and the service provider. Grievance mechanisms provided by service providers are an important first step, but they may not settle the issue conclusively. In contentious cases, settlement via an independent institution such as the judiciary is required.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 29
- Paragraph text
- From a human rights perspective, it is imperative to determine whether service delivery contributes to or undermines the realization of human rights. Therefore, the provision of services must be assessed against the standard of the human rights to sanitation and water. While all aspects of these rights, that is, availability, safety, acceptability, accessibility, affordability, participation, non-discrimination and accountability, have to be met, some will become more relevant than others in the following discussion.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63b
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] States must have a vision of how to fully realize the rights to water and sanitation for all, and elaborate national strategies and action plans to implement this vision. These should be endorsed at the highest political level and integrated within national poverty reduction strategies and expenditure frameworks to ensure their operationalization, sustainability and comprehensiveness;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 12
- Paragraph text
- Finally, NGOs and community-based organizations are also taking on an increasingly important role in service provision, stepping in where the State is not involved in such activities. While their motivation may be different, as they often operate on a not-for-profit basis, many of the same issues arise in that context, for instance how to apply consistent standards for the quality of services and how to ensure that organizations are accountable to the people they serve.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63n
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] States are particularly encouraged to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 23
- Paragraph text
- The indicator for target 7.C is the proportion of the population having sustainable access to an improved water source. The definition of an improved water source is not specified in detail but refers mainly to specific types of water supply such as piped water or protected wells. With regard to sanitation, the indicator refers to "the percentage of the population with access to facilities that hygienically separate human excreta from human, animal and insect contact. […] To be effective, facilities must be correctly constructed and properly maintained".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 45b
- Paragraph text
- [Depending on the scale and expected impact of the decision and the size and capacity of the actor carrying out the assessment, the human rights impact assessment does not necessarily have to be very formal in nature. To facilitate the process, it could also be integrated with social or environmental impact assessments. While there is no agreed template for conducting a human rights impact assessment, some principal elements can be identified that should be taken into account:] The human rights impact on the most excluded and marginalized should specifically be addressed;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 46
- Paragraph text
- In order to give full meaning and practical expression to "participation," it is vital for States to transcend ad hoc and project-level participatory processes, and seek to encourage a more fundamental and sustainable culture of participation and transparency. Active, free and meaningful participation should be internalized within democratic institutions and political culture. Human rights are, of course, ends in themselves; however, studies have also shown the vital importance of transparency and freedom of information in reducing corruption in the delivery of basic services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63h
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] Data collection at the global level and human rights-based monitoring must disaggregate progress according to different grounds of discrimination. Gender and wealth quintiles must be prioritized for that purpose. In addition, a contextualized approach to disaggregation is required. States must identify groups and individuals under their jurisdiction who face discrimination and specifically monitor progress in improving their access to sanitation and water;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 61
- Paragraph text
- The independent expert considers that a more nuanced approach is needed in the debate on the participation of non-State actors in water and services provision, namely, one that overcomes the simplistic public vs. private debate and acknowledges the existence of a wide variety of actors and arrangements for the delivery of water and sanitation services. These are rarely exclusively public or private, and they also involve both the formal and informal sectors.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph