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Planning for the realization of the rights to water and sanitation 2011, para. 72
- Paragraph text
- Transparency and access to information are essential for enabling participation. Relevant information and drafts of the plan should be made publicly available. Transparency is also needed regarding existing policies and measures. Only when, for instance, current priorities in the allocation of resources are understood can these be scrutinized and assessed for eventual necessary changes. Information should be widely disseminated and made available in all relevant languages via multiple channels to ensure accessibility. This can include websites, but also local radio, billboards and information in the local press. In India, for instance, right to information legislation has had a significant impact on improving transparency by providing a tool to seek information and demand accountability from governments.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 10
- Paragraph text
- Article 25 (a) of the International Covenant on Civil and Political Rights guarantees the right "to take part in the conduct of public affairs, directly or through freely chosen representatives". In interpreting this provision, the Human Rights Committee, in paragraph 5 of general comment No. 25 (1996), states that "the conduct of public affairs … relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 19
- Paragraph text
- Participants must be involved in determining the terms of participation, the scope of issues and the questions to be addressed, their framing and sequencing, and rules of procedure. The power to take part in setting the terms of the engagement plays a big role in shaping the conversation. Having no say over the design of the very process of engagement can result in some issues being tacitly decided beforehand and excluded from the participatory space altogether. The choice of mode of engagement determines whether people will be willing and able to participate. Efforts should be made, for instance, to involve residents in deciding venues, meeting times, and what balance of electronic and face-to-face interaction should be struck.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 68
- Paragraph text
- Article 25 (a) of the International Covenant on Civil and Political Rights provides for the right to participate in public affairs. Participation must be active, free and meaningful. While it is often stressed that participation has significant instrumental value in ensuring more sustainable results, participation is a human right in itself, and non-compliance with the relevant human rights obligations may give rise to violations. Such violations may arise from direct denial of participation as well as indirect, by failure to take reasonable steps to facilitate participation, including by ensuring the right to access to information.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 40
- Paragraph text
- The challenge is to balance a diversity of legitimate interests and to find solutions that, while perhaps not taking all competing views fully on board, are acceptable to everyone. The key actions in this regard are interaction, bringing all views to the table, having an open discussion, analysing the different interests and corresponding rights at stake, agreeing on a way forward and then monitoring progress on the agreed plan. Decisions must take all opinions into account, according due protection to minority concerns rather than simply adopting the majority view.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 51a
- Paragraph text
- [Stakeholder participation can enhance or detract from meaningful participation depending on a range of factors, including:] Accurate, sensitive and transparent identification, so that the invited groups are in fact representative of those most concerned. When selection is appropriate, stakeholder participation has an advantage over an "unaffiliated" approach. It can be employed to ensure targeted participation by all concerned, including marginalized groups whose interests are likely to be overlooked in the pursuit of the common interest;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 86
- Paragraph text
- In addition to participation in accountability, there must also be accountability for ensuring participation. Courts and other mechanisms play an important role in ensuring accountability in cases of failure to ensure active, free and meaningful participation, i.e., when the right to participation itself has been violated. As evidenced by the case law referenced in the present report, courts play an important role in demanding compliance with States' obligations to ensure participation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 69
- Paragraph text
- Participation must be active, free and meaningful. It must go beyond mere information-sharing and superficial consultation, and involve people in decision-making, providing real opportunities to influence the planning process. The organization of a truly participatory process is challenging. Different mechanisms and approaches will be required, including consultations with various stakeholders, public meetings and hearings as well as the opportunity to submit written comments and feedback.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 34
- Paragraph text
- The decision whether to delegate service provision must take place in the context of a sound overall strategy that lays out how the State aims to achieve universal access to sanitation and water. Both the strategy and the decision on delegation have to be adopted in a democratic, participatory and transparent process. In the view of the independent expert, the participation of all concerned must be active, free and meaningful. To enable genuine participation, this requires disclosure of adequate and sufficient information and actual access to information, referring in particular to the instruments that delegate service provision. In the case of State-owned companies, management will usually be delegated via legislation, decrees or contracts, while the authorities will often enter into contracts with private providers. The creation of a wider enabling environment for meaningful participation must be ensured, as well as specific opportunities for participation and reinforcement of the capacities of individuals and civil society to enable them to participate, monitor, evaluate and report on possible human rights abuses.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 76
- Paragraph text
- One of the defining tenets of the human rights framework is accountability. States are obliged to put in place judicial and non-judicial accountability mechanisms to redress human rights violations. Mechanisms must be in place to investigate violations and punish the perpetrators. States must not allow impunity. They must provide for redress at the individual level, including restitution, compensation, satisfaction and/or guarantees of non-repetition. Mechanisms at the international level, including the universal periodic review and the procedures of the treaty bodies, should be strengthened and applied in the context of human rights violations based on stigma.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 27
- Paragraph text
- Participation must be informed. People require accessible information on the issues at stake that enables them to form an opinion. Access to information must be "full and equal", not favouring some and excluding others. To ensure equal access, information must be made available and be clear and consistent. It must be presented in different formats and in appropriate language. This requires communicating through various channels and media such as radio, photographs and oral presentations; simply posting information online does not make it accessible to everyone. For people to be able to understand and verify the information presented, it must be provided well in advance of any opportunity to provide input. Cost must not be a barrier to accessing information. The Aarhus Convention explicitly requires that people may inspect information relevant for decision-making at no cost (art. 6 (6)).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91e
- Paragraph text
- [States must take the following measures:] States must ensure access to justice where the human right to participation has been violated.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83i
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States must implement measures to overcome obstacles in access to justice, such as prohibitive costs, language requirements, requirements of representation and geographic location of the courts and other mechanisms.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 82e
- Paragraph text
- [In line with the above, the Special Rapporteur offers the following recommendations:] States must put in place accountability mechanisms and ensure access to justice where stigmatization results in human rights violations. Mechanisms must be in place to investigate violations and punish perpetrators. States must also provide for redress at the individual level, including restitution, compensation, satisfaction and/or guarantees of non-repetition. States must guarantee access to justice in practice by ensuring that mechanisms are accessible, affordable, timely and effective.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 21
- Paragraph text
- States must provide the opportunity to engage and develop such initiatives. However, States must not justify inaction by placing the entire burden on the people taking the initiative. States have an obligation to invite participation and to create opportunities from the beginning of deliberations on a particular measure and before any decisions, even de facto decisions, have been taken; once preliminary decisions are taken, or promises made, it becomes much more difficult to agree on outcomes. Spaces for participation should be both formal (for instance, referendums or public inquiries) and informal.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 75
- Paragraph text
- International mechanisms for identifying, adjudicating and remedying violations offer important opportunities for developing clearer understanding of violations and appropriate remedies. Inquiry mechanisms allow the treaty bodies to act at their own initiative and offer an innovative tool to address systemic violations of rights and situations where victims are unable to seek remedies. However, international bodies can only intervene in a few cases, when national remedies have been exhausted or are not available or effective, and the record of implementation of their decisions is not strong. Most of the work in identifying and remedying violations must be accomplished by domestic institutions. It is at the domestic level that laws and policies can be better influenced through civil society participation and be more context-specific, and where there is a better record of implementation of judicial decisions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 18
- Paragraph text
- Access to information allows people to meaningfully participate in decision-making and empowers them to claim their rights and hold duty-bearers accountable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 17
- Paragraph text
- 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 people. If their knowledge and expectations are not incorporated in the processes, development cooperation in the water and sanitation sector can never improve their access to water, sanitation and hygiene in a manner consistent with their human rights. National ownership is particularly crucial for the sustainability of development.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 23
- Paragraph text
- To enable the sustainable provision of services, a number of factors within and beyond the water and sanitation sector must be reinforced, in particular, accountable governance. Water and sanitation services must be embedded in a sound legislative policy and regulatory framework. Institutions involved in the water and sanitation sectors must be responsive and accountable for their actions, and decisions must be participatory and transparent. All groups and individuals concerned and all relevant stakeholders must be provided with genuine opportunities to meaningfully participate and must be empowered in these processes.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 56
- Paragraph text
- Many decisions can be taken at the local level; this has the advantage of being close to the people concerned. However, participation must not be limited to local decisions. People must have the opportunity to participate wherever decisions are taken. In some instances, people have invested time and energy in processes at the local level, but the decisions taken are not acted upon and cannot be implemented as local bodies lack the power to do so, in particular where institutional decentralization is not matched by fiscal devolution. Broader power structures often constrain the scope of decision-making at the local level. In such instances, not only are people's expectations frustrated, but participation cannot be considered meaningful.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 33
- Paragraph text
- [People need to have access to information:] To monitor their representatives and hold them accountable;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 51
- Paragraph text
- Where individuals are in a situation where they cannot provide for themselves, States have an obligation to provide services, for instance in places of detention, in schools or other public institutions, and in times of emergency.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 29
- Paragraph text
- Access to information must be guided by the principle of maximum disclosure. Exceptions should be narrow and must relate to a legitimate aim. Public bodies should proactively publish information rather than merely react to crises or complaints. Requests for information should be processed rapidly and fairly. The State must ensure that the right to participation is not undermined by claiming commercial confidentiality, which must be limited to legitimate interests. Meetings by public bodies should generally be open to the public.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 87
- Paragraph text
- Participation is a human right and States have corresponding obligations to ensure participation. Participation is essential for democracy and people's autonomy, agency and dignity. Yet, the human right to participation has not yet received the necessary attention and implementation has lagged. While there are excellent practices that ensure participation, these appear to be isolated rather than institutionalized. Participation is not a one-off exercise, but a continuous process that must be embedded in the political culture.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83h
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Ensure that individuals and groups do not face barriers in access to justice, whether economic, physical, linguistic, cultural or other, and take measures to overcome such barriers, including by means of legal aid;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 18
- Paragraph text
- Active, free and meaningful participation rules out token forms of participation, the mere sharing of information or superficial consultation. This section identifies essential elements of active, free and meaningful participation in order to clarify what participation means in human rights terms.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 25
- Paragraph text
- Free participation rules out any form of coercion or inducement, direct or indirect. Participation must be free from manipulation or intimidation. There must be no conditions attached, such as tying access to water and sanitation to attendance of a public hearing. Participation must not be secured through bribery or the promise of a reward.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 32
- Paragraph text
- Ensuring participation poses a number of difficulties. The greatest efforts may be needed to ensure that all those concerned have the opportunity to influence decision-making and that existing power structures are addressed. But other challenges exist as well.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 92c
- Paragraph text
- [Further, States and other stakeholders should take the following measures:] Civil society organizations, national human rights institutions, community-based organizations and others should contribute to promoting active, free and meaningful participation of all people concerned and support people to participate in decision-making processes;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph