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Access to justice for people living in poverty 2012, para. 39
- Paragraph text
- The geographical remoteness of justice mechanisms for persons living in poverty can also exacerbate their situation and lead to violation of other human rights. Those without easy and immediate access to law enforcement officials are unable to seek immediate redress or protection from violence, abuse and exploitation, and will have greater difficulty in contesting land issues and forced evictions. The police may be less likely to pursue complaints if they have to travel long distances to do so, particularly where resources are scarce.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Extreme inequality and human rights 2015, para. 36
- Paragraph text
- Although one of the Open Working Group's proposed goals is aimed at reducing inequalities, the Special Rapporteur has observed that human rights norms are almost absent from the proposal (see A/69/297, paras. 45-49). In his synthesis report the Secretary-General attributed far greater importance to them, although he did not explicitly discuss the relationship between inequalities and human rights. The link was however acknowledged in statements calling for a future free from poverty and built on human rights, equality and sustainability, a post-2015 agenda built on the principles of human rights and the rule of law, equality and sustainability, and again in the linking of the challenges of reinforcing human rights, equality and sustainability (see A/69/700, paras. 18, 49 and 82). More generally, the Secretary-General underscored the need to continue to remedy the policy incoherence between current modes of international governance in matters of trade, finance and investment on the one hand, and the norms and standards for labour, the environment, human rights, equality and sustainability on the other (ibid., para. 95). He also acknowledged an indirect link between human rights and inequality by juxtaposing the value of dignity with deepening inequality, thus implying that inequality undermined human dignity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 56a
- Paragraph text
- [The challenge of putting questions of resources and redistribution back into the human rights equation has several dimensions:] The nature of the obligation to ensure respect for civil and political rights has been treated all too often as implying that resource considerations are not relevant in evaluating governmental compliance with the relevant international obligations. In other words, questions of the availability of resources and equality of access to those resources were largely eliminated from the most vibrant parts of the international human rights system, and relegated instead to the minor league discussions about economic, social and cultural rights. In the latter context, ironically, they were given overwhelming importance, such that the qualification contained in the International Covenant on Economic, Social and Cultural Rights that a State's obligations extended only to the maximum of its available resources is often invoked to excuse basic non-compliance;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 59
- Paragraph text
- Increasing inequalities and food insecurity, the declining availability of natural resources and unpredictable changes to climate patterns are likely to increase the potential for social unrest throughout the world. Any recovery plan must anticipate these challenges and assume that there will be many more crises to recover from. What is needed, therefore, is human rights-based change that directly addresses the long-term structural barriers to equality and sets the foundations for a sustainable, socially inclusive society.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 92
- Paragraph text
- States should only adopt legal and policy measures that are compatible with the sustainability and prosperity of communities in both rural and urban areas. Climate change and environmental degradation will continue to endanger the lives and livelihoods of the poorest and most disadvantaged, many of whom rely on natural resources as a basic means of survival. Activities undertaken by rural populations, such as agriculture, aquaculture, fishery and forestry, are severely exposed to climate change.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 93
- Paragraph text
- States need to focus efforts on a recovery that can prepare for and mitigate the effect of future climatic crises, through, for example, social protection programmes that provide economic security to individuals most likely to be affected by crises. States should also make human rights impact assessments and risk analyses prior to initiating climate change mitigation or adaptation projects in order to avoid adverse effects on the enjoyment of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Marginality of economic and social rights 2016, para. 33
- Paragraph text
- It has been suggested that "countries are choosing social rights constitutionalism over other ways to promote well-being and the fulfilment of basic human needs". A systematic and detailed study of economic and social rights in national constitutions provides detailed evidence to support this optimistic assessment; 195 constitutions were examined with a view to identifying which of 16 separate economic and social rights were recognized and, where they were recognized, whether the constitutions classified them as justiciable or aspirational (such as directive principles of State policy). Over 90 per cent of the Constitutions recognized at least one economic and social right. In around 70 per cent of the Constitutions, at least one economic and social right was explicitly justiciable and around 25 per cent of them recognized 10 or more justiciable economic and social rights. In order of frequency, the justiciable rights concerned education, trade unions, health care, social security, child protection and environmental protection. The study found that those six rights appear in over half of all Constitutions.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Taxation and human rightss 2014, para. 70
- Paragraph text
- Natural resources can be a vital source of revenue that the State can use to comply with its human rights obligations. The financial and social benefits of natural resource exploitation are, however, increasingly bypassing people in producing countries. In most countries, extractive industries generate few jobs directly and have only weak links to local markets. Far from bringing benefits, the exploitation of natural resources has been frequently linked to human rights abuse and encroachment on lands and livelihoods of communities, mass evictions, pollution and environmental degradation, which may result in violations of rights to health, food, housing and water. The right of people to participate in decisions regarding natural resources is often violated, especially where the land, territory and resources of indigenous peoples is concerned.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- All
- Year
- 2014
Paragraph
Taxation and human rightss 2014, para. 71
- Paragraph text
- In addition, the rightful benefits in terms of revenue often go abroad (sometimes to tax havens), aided by the fact that extractive industries are often not required to disclose their profits on a project-by-project basis. The public revenue generated through taxes on the sector remains well below potential; the revenue secured by many resource-rich countries is very low in relation to the value of exports.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Taxation and human rightss 2014, para. 72
- Paragraph text
- A State allowing or directly undertaking exploitation of natural resources without ensuring that a fair share of the proceeds are taxed and/or allocated towards fulfilling human rights could be an indication of a failure to mobilize adequate resources. Moreover, excessive reliance on revenues from finite natural resources raises concerns not only about long-term sustainability but also governance and accountability.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2014
Paragraph
Taxation and human rightss 2014, para. 73
- Paragraph text
- The political processes and policy choices that guide the capture and distribution of revenues from natural resource exploitation often determine whether they can be allocated for the progressive realization of economic, social and cultural rights, poverty reduction and social development. Good macroeconomic management of natural resources, such as stabilization funds, exchange rate and monetary policies, and financial and industrial policies that foster diversification are critical to enabling inclusive and sustainable development from natural resource exploitation. Decisions about natural resource extraction must therefore be made with care, taking into account environmental concerns and the rights of future generations while respecting the rights of the entire population.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- All
- Year
- 2014
Paragraph
Taxation and human rightss 2014, para. 79l
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure that extractive industries are subject to appropriate tax rates and export duties, and that the human rights of affected communities and future generations are protected in the exploitation of natural resources;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 45
- Paragraph text
- For the past several years, the international community has been heavily focused on, and invested in, the process of drafting development goals for the post-2015 development agenda. On 19 July 2014, the Open Working Group on Sustainable Development Goals released its proposals. For all the immense time and energy expended by proponents of both human rights and the Social Protection Floor Initiative, the results to date are stunningly meagre. Human rights as such have been thoroughly marginalized. There is a token nod in their direction in paragraph 7 of the draft outcome document of the Open Working Group, although rather than underlining their relevance to development, the paragraph merely records the fact that in the outcome document of the United Nations Conference on Sustainable Development, "The future we want", adopted by the General Assembly in resolution 66/288, "the importance of freedom, peace and security, respect for all human rights, including the right to development and the right to an adequate standard of living, including the right to food and water, the rule of law, good governance, gender equality, women's empowerment and the overall commitment to just and democratic societies for development" were reaffirmed, as was the importance of the Universal Declaration of Human Rights. There is only one other reference to human rights in the entire 21-page draft and that appears in the context of a list of issues to which "quality education" should be devoted.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2014
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 54
- Paragraph text
- The situation is made worse by the fact that some of the leading international human rights non-governmental organizations insist that resource distribution is a matter they cannot address. That position makes meaningful action to eliminate extreme poverty almost impossible and thus largely entrenches the status quo. Policies premised on the assumption that effective poverty elimination strategies need not involve resource redistribution are at odds with empirical realities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 12
- Paragraph text
- The elimination of all forms of discrimination, including gender-based discrimination, is an overarching human rights principle that must guide the conduct of States. Given that gender inequality is a cause and a factor that perpetuates it, effective development strategies must take into account State obligations regarding gender equality and the protection of the full range of women's rights. This is made clear in the Beijing Declaration, which affirms that the "[e]radication of poverty based on sustained economic growth, social development, environmental protection and social justice requires the involvement of women in economic and social development, equal opportunities and the full and equal participation of women and men as agents and beneficiaries of people-centred sustainable development".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Gender
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 37
- Paragraph text
- Environmental degradation disproportionately affects those living in extreme poverty. Data show that extreme weather events such as storms, droughts and cyclones have particularly severe effects on those living in poverty and pose real and direct threats to their ability to live their lives in dignity. In most cases, they rely on natural resources for their basic means of survival and are less able to prepare for, or adapt to, climate change and its effects.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- All
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 38
- Paragraph text
- Extreme weather events caused by climate change can create vicious circles by increasingly forcing persons living in extreme poverty to over-exploit natural resources as a coping mechanism to ensure survival. Any attempt to reduce poverty must be accompanied by efforts to tackle and mitigate the effects of climate change at the country, community and individual levels.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- All
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 39
- Paragraph text
- Social protection programmes can shield the most vulnerable and marginalized from shocks caused by environmental degradation as a result of climate change and help them to adapt and meet their needs without undermining the capacity of the environment to provide for those needs over the long term.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 40
- Paragraph text
- For example, appropriate social protection programmes could include cash transfers to those who are most vulnerable to climate change risks and have the least adaptive capacity. This could prevent them from using damaging coping mechanisms and help them to build assets and resilience through the development of more climate-resistant livelihoods, livelihood diversification or weather-indexed crop insurance. Properly designed and implemented employment guarantee schemes could be another way in which to build the resilience of vulnerable persons in the face of climate change. Social protection programmes must be among the pillars of the climate change action plans that are increasingly being formulated by Governments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 41
- Paragraph text
- While it is positive that the importance of sustainable development is reflected in the Millennium Development Goals, it is regrettable that they fail to include a specific goal or target related to climate change. This is despite the fact that those living in extreme poverty are affected the most by, yet have contributed the least to, the phenomenon. In addition, Goal 7 (ensure environmental sustainability) is criticized for not appropriately representing the realities of developing countries. For instance, many low- and middle-income countries argue that they cannot afford to focus on renewable energy sources, such as solar and wind power, and instead need to use natural resources to achieve the Millennium Development Goals. While this is a complex issue, the "pollute first, clean up later" approach is clearly not a viable option. For most low-income countries, Goal 7 is not necessarily about cutting emissions, but rather about enabling those in poverty to "manage, control and sustainably develop natural resources". In this regard, social protection programmes can play a considerable role.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 42
- Paragraph text
- While climate change simultaneously poses massive challenges for human rights and the prospects of those living in extreme poverty, the international and domestic actions required in the context of climate change represent an unparalleled opportunity to overcome poverty, generate new levels of development, further the realization of human rights and build a more stable, balanced and robust global economy. States - particularly the industrialized countries that emit high levels of greenhouse gasses - must provide substantial funding, separate from and additional to pre-existing official development assistance (ODA) commitments, to help developing countries adapt to the inevitable effects of a warming climate.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to participation of people living in poverty 2013, para. 31
- Paragraph text
- Aside from the United Nations human rights instruments, various other legal frameworks also refer to participation. While not specifically focused on participation of people living in poverty, these other frameworks could also assist in determining the legal content of the right to participation. For example, the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) regulates procedural rights for environmental decision-making for State parties. It links environmental rights with human rights, and in particular the right to participation, and is based on three pillars - access to information, public participation in decision-making, and access to justice in environmental matters. The Convention sets out minimum requirements for public participation in various categories of environmental decision-making. The public participation requirements include: (a) timely and effective noti?cation to the concerned public; (b) reasonable time frames for participation, including provision for participation at an early stage; (c) a right for the concerned public to inspect information relevant to the decision-making process at no cost; (d) an obligation for the decision-making body to take due account of the outcome of public participation; and (e) prompt public noti?cation of the decision, with the text of the decision and the reasons and considerations on which it is based made publicly accessible.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 33
- Paragraph text
- If not developed with the indigenous and tribal institutions or organizations that are truly representative of the peoples in question, consultations will not comply with the requirements of the Convention. Notably, in applying the Convention, several judgments of national and regional tribunals have found that the non-participation of indigenous groups in consultation or decision-making processes violated their rights and, as such, a broad set of measures have been judicially ordered, from the invalidation of approval of government projects especially in the mining, forestry and energy sectors, to remedies for those affected.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 85
- Paragraph text
- Promising participatory practices have been implemented in a wide variety of contexts by actors including States, bilateral development agencies, United Nations agencies, civil society organizations and others. Prominent examples include participatory budgeting, environmental decision-making, slum surveys, citizen juries, social monitors and community scorecards. Much can be learned from such practices. Meaningful participation requires resources, time and planning, and should be seen as a process rather than an event, with multiple entry points through which members of the public can engage. However, evidence shows that it is possible, even in the most challenging of situations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 86d (ii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Access to information: Take specific measures to provide State data to the public, in accessible formats and via appropriate channels for people living in poverty, in particular by: a. Publishing and disseminating regular information related to budgets (at local and national levels) and the quality of public services, including disaggregated data, in a non-technical and simplified form. b. Proactively disseminating legal information and other key documents for decision-making (e.g. environmental impact assessments), in all relevant languages.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 86f (ii)
- Paragraph text
- [In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions:] Empowerment: Take all appropriate steps to enhance the capacity of people living in poverty to participate in public life, including by: a. Improving the accessibility and quality of education services provided to the poorest sectors of the population. b. Ensuring educational programmes transmit the necessary knowledge, including human rights education, to enable everyone to participate fully and on an equal footing at the local and national levels. c. Launching public education campaigns on issues that affect people living in poverty, such as the environment, human rights, development and budgeting processes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 15
- Paragraph text
- As the magnitude of the disaster became known, key international officials carefully avoided acknowledging that the outbreak had resulted from discharges from the MINUSTAH camp. The implication that cholera had come from elsewhere also drew support from an environmental theory suggested by some scientific observers according to which the cholera microbe is naturally present in many backwater settings and can be activated by environmental shocks such as the earthquake that hit Haiti in January 2010 or by unusually heavy rains. Nevertheless, most scientific and media sources rejected this theory and placed the blame clearly upon the peacekeepers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 16
- Paragraph text
- In order to resolve the controversy, the Secretary-General, to his credit, established the panel of independent experts in January 2011. In its report, issued in May 2011, the panel expressly rejected the environmental theory. Instead, it found that "the evidence overwhelmingly supports the conclusion that the source of the Haiti cholera outbreak was due to contamination of the Mèyé Tributary of the Artibonite River with a pathogenic strain of current South Asian type Vibrio cholerae as a result of human activity". If the experts had left it at that, the conclusion would have been that MINUSTAH peacekeepers were responsible for the outbreak. But they went on to claim that the dumping of faeces alone "could not have been the source of such an outbreak without simultaneous water and sanitation and health care system deficiencies … coupled with conducive environmental and epidemiological conditions". By adding this observation, the experts suggested that nature, as well as the country's underdevelopment, were also to blame. This enabled them to reach their ultimate conclusion, that the "outbreak was caused by the confluence of circumstances … and was not the fault of, or deliberate action of, a group or individual".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Water & Sanitation
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 18
- Paragraph text
- Almost four years after the initial spillage, a report of the Office of Internal Oversight Services Internal Audit Division, whose public release was long delayed, found that the regulatory framework for effective waste management in MINUSTAH continued to be unsatisfactory, a rating that signified that "critical and/or pervasive important deficiencies" existed.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 23
- Paragraph text
- Because the position taken by United Nations officials relies heavily on the claim that there remains doubt as to the source of the cholera outbreak and invokes the panel's report in support, it is appropriate both to assess the validity of the panel's consistently cited assessment and to consider more recent scientific assessments. Before doing so, it should be noted that there is a fundamental inconsistency in the panel's conclusions. After stating clearly that "the source of the Haiti cholera outbreak was due to contamination", the report goes on to say that "[t]he introduction of this cholera strain as a result of environmental contamination with feces could not have been the source of such an outbreak without simultaneous water and sanitation and health care system deficiencies". Presumably, the panel intended to say that the contamination could not alone have been the sole cause, had there not been deficiencies in the environment into which the faeces were released. But that is not in fact what the report states.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Water & Sanitation
- Year
- 2016
Paragraph