The role of NHRIs in monitoring the realization of the SDGs with a focus on the human right to water and sanitation Marcel Szabó Ombudsman for Future Generations Hungary

The Human Right to Water Wide-ranging implications: – Putting the right to water into the broader context of different water uses – Analyzing the linkages and competition with other human rights (depending on water for their realization, e.g. right to life; right to a healthy environment, etc.) – Socio-political issue as well: often benefitting the well-off and the powerful  Therefore: it has the potential to address structural, underlying causes of inequality and poverty.  The state must be held accountable to meet the basic needs of its people.

Interconnected water issues Can serve as a major power source, Vital to agriculture Vital to many industrial processes As water shortages are increasing, women and girls especially bear the burden of walking miles at a time to gather water from streams and ponds – having less opportunities for work or schooling 750 million people around the world lack access to safe water; approximately one in nine people; and 36 per cent of the world’s population – 2.5 billion people – lack improved sanitation facilities Every year contaminated water kills 1.8 million people Raising temperatures are expected to exacerbate increases of water use Changing climatic conditions contribute to longer dry spells and increased rainfall intensity Freshwater is essential in keeping ecosystems healthy Water is a basic human need – therefore water is a right, not a commodity Water is critical to development Water scarcity contributes to conflict, inequality and poverty

SDGs – post-2015: Goal 6.: Ensure availability and sustainable management of water and sanitation for all  Direct provisions: 6.1 by 2030, achieve universal and equitable access to safe and affordable drinking water for all 6.2 by 2030, achieve access to adequate and equitable sanitation and hygiene for all, and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations 6.3 by 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater, and increasing recycling and safe reuse by x% globally 6.4 by 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity, and substantially reduce the number of people suffering from water scarcity 6.5 by 2030 implement integrated water resources management at all levels, including through transboundary cooperation as appropriate 6.6 by 2020 protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes 6.a by 2030, expand international cooperation and capacity-building support to developing countries in water and sanitation related activities and programmes, including water harvesting, desalination, water efficiency, wastewater treatment, recycling and reuse technologies 6.b support and strengthen the participation of local communities for improving water and sanitation management

SDGs – post-2015:  Indirect provisions: a need for an integrated approach in implementation Goal 12: Ensure sustainable consumption and production patterns Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development Goal 15: Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss. The role of human rights institutions is also strengthened in this framework: Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Goal 17: Strengthen the means of implementation and revitalize the global partnership for sustainable development

Monitoring the SDGs – The role of NHRIs Interpreting the broad provisions of SDGs on national and local levels is of utmost importance to concretize action and responsibility The objectives of sectorial environmental strategies should reflect those laid down in the SDGs NHRI investigations can reveal how practice is in accordance with the provisions, and makes recommendations and amendments accordingly

The role of NHRIs to realize the Human Right to Water and Sanitation I) Water governance  Often it is not the actual lack of water that leads to problems, but rather the way in which water is governed and administered  The highly complex and sensitive nature of the availability, use, and allocation of water requires capable mechanisms and institutions to negotiate and balance competing interests  The existence of such mechanisms and institutions is a critical factor influencing intra-state and cross-border relations over water at least as important as physical water availability, population density, and levels of economic development

The role of NHRIs to realize the Human Right to Water and Sanitation II) Legislative reforms and their necessary toolkit: Reports Right to file an application before the Constitutional Court Review of draft legislations Legislative Initiative Legislative proposal

The role of NHRIs to realize the Human Right to Water and Sanitation III) Enabling public participation Facilitation of broad and participatory dialogue among different water-related sectors (water supply companies, sectors of agriculture and fisheries, local governments, etc.) Reducing power asymmetry between stakeholders by applying the principles of the Aarhus Convention Providing transparency by ensuring availability of data and results of investigations, and calling upon stakeholders to provide or publish adequate information

The Hungarian example The Hungarian NHRI’s mandate is established under the constitutional principle that natural resources, including the reserves of water, form the common heritage of mankind, and thus we are to protect them not only for present but also for future generations. The main function of the office is to point to systems-level anomalies in the legal and political processes of environmental decision-making

An effective mandate to realize Goal 6 of the SDG enables the NHRI to…  propose new legislations and amendments to existing laws to encourage long-term decision-making  make recommendations to authorities  initiate public dialogue on issues concerning the long-term governance of water resources  have a bridging and mediating role between stakeholders engaged in environmental as well as social and economic matters  initiate or participate in investigations upon complaints or ex officio

Thank you for your kind attention!