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leiderman-heas/mphise: draft resolution, "human right to water and sanitation," united nations, 26jul'10

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Stuart Leiderman
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http://www.internationalwaterlaw.org/documents/intldocs/UNGA_Resolution_...

United Nations A/64/L.63/Rev.1*
General Assembly
Distr.: Limited
26 July 2010
Original: English
10-46464* (E) 270710
*1046464*
Sixty-fourth session
Agenda item 48

Integrated and coordinated implementation of and follow-up
to the outcomes of the major United Nations conferences and
summits in the economic, social and related fields
Antigua and Barbuda, Bahrain, Bangladesh, Benin, Bolivia (Plurinational
State of), Burundi, Central African Republic, Congo, Cuba, Dominica,
Dominican Republic, Ecuador, El Salvador, Fiji, Georgia, Haiti, Madagascar,
Mauritius, Nicaragua, Nigeria, Paraguay, Saint Lucia, Saint Vincent and the
Grenadines, Samoa, Saudi Arabia, Serbia, Seychelles, Solomon Islands,
Sri Lanka, Tuvalu, Uruguay, Vanuatu, Venezuela (Bolivarian Republic of)
and Yemen: draft resolution

The human right to water and sanitation

The General Assembly,
Recalling its resolutions 54/175 of 17 December 1999, on the right to
development, 55/196 of 20 December 2000, proclaiming 2003 as the International
Year of Freshwater, 58/217 of 23 December 2003, proclaiming the International
Decade for Action, “Water for Life” (2005-2015), 59/228 of 22 December 2004,
61/192 of 20 December 2006, proclaiming 2008 as the International Year of
Sanitation, and 64/198 of 21 December 2009, regarding the midterm comprehensive
review of the implementation of the International Decade for Action, “Water for
Life”, Agenda 21 of June 1992,1 the Habitat Agenda of 1996,2 the Mar del Plata
Action Plan of 19773 adopted by the United Nations Water Conference, and the Rio
Declaration on Environment and Development of June 1992,4
__________________
* Reissued for technical reasons on 27 July 2010.
1 Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3-14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,
Sales No. E.93.I.8 and corrigendum), resolution 1, annex II.
2 Report of the United Nations Conference on Human Settlements (Habitat II), Istanbul, 3-14 June
1996 (United Nations publication, Sales No. E.97.IV.6), chap. I, resolution 1, annex II.
3 Report of the United Nations Water Conference, Mar del Plata, 14-25 March 1977 (United
Nations publication, Sales No. E.77.II.A.12), chap. I.
4 Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3-14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,
Sales No. E.93.I.8 and corrigendum), resolution 1, annex I.

A/64/L.63/Rev.1
10-46464 2
Recalling also the Universal Declaration of Human Rights,5 the International
Covenant on Economic, Social and Cultural Rights,6 the International Covenant on
Civil and Political Rights,6 the International Convention on the Elimination of All
Forms of Racial Discrimination,7 the Convention on the Elimination of All Forms of
Discrimination against Women,8 the Convention on the Rights of the Child,9 the
Convention on the Rights of Persons with Disabilities10 and the Geneva Convention
relative to the Protection of Civilian Persons in Time of War of 12 August 1949,11
Recalling further all previous resolutions of the Human Rights Council on
“human rights and access to safe drinking water and sanitation”, including Council
resolutions 7/22 of 28 March 2008 and 12/8 of 1 October 2009, related to the human
right to safe and clean drinking water and sanitation, General Comment No. 15
(2002) of the Committee on Economic, Social and Cultural Rights, on the right to
water (articles 11 and 12 of the International Covenant on Economic, Social and
Cultural Rights)12 and the report of the United Nations High Commissioner for
Human Rights on the scope and content of the relevant human rights obligations
related to equitable access to safe drinking water and sanitation under international
human rights instruments,13 as well as the report of the independent expert on the
issue of human rights obligations related to access to safe drinking water and
sanitation,14
Deeply concerned that approximately 884 million people lack access to safe
drinking water and that more than 2.6 billion do not have access to basic sanitation,
and alarmed that approximately 1.5 million children under 5 years of age die and
443 million school days are lost each year as a result of water- and sanitation-related
diseases,
Acknowledging the importance of equitable, safe and clean drinking water and
sanitation as an integral component of the realization of all human rights,
Reaffirming the responsibility of States for the promotion and protection of all
human rights, which are universal, indivisible, interdependent and interrelated, and
must be treated globally, in a fair and equal manner, on the same footing and with
the same emphasis,
Bearing in mind the commitment made by the international community to fully
achieve the Millennium Development Goals, and stressing, in that context, the
resolve of Heads of State and Government, as expressed in the United Nations
Millennium Declaration,15 to halve, by 2015, the proportion of people unable to
reach or afford safe drinking water, and to halve the proportion of people without
__________________
5 Resolution 217 A (III).
6 See resolution 2200 A (XXI), annex.
7 United Nations, Treaty Series, vol. 660, No. 9464.
8 Ibid., vol. 1249, No. 20378.
9 Ibid., vol. 1577, No. 27531.
10 Resolution 61/106, annex I.
11 United Nations, Treaty Series, vol. 75, No. 973.
12 See Official Records of the Economic and Social Council, 2003, Supplement No. 2 (E/2003/22),
annex IV.
13 A/HRC/6/3.
14 A/HRC/12/24.
15 See resolution 55/2.

A/64/L.63/Rev.1
3 10-46464
access to basic sanitation, as agreed in the Plan of Implementation of the World
Summit on Sustainable Development (“Johannesburg Plan of Implementation”),16
1. Declares the right to safe and clean drinking water and sanitation as a
human right that is essential for the full enjoyment of life and all human rights;
2. Calls upon States and international organizations to provide financial
resources, capacity-building and technology transfer, through international
assistance and cooperation, in particular to developing countries, in order to scale up
efforts to provide safe, clean, accessible and affordable drinking water and
sanitation for all;
3. Welcomes the decision by the Human Rights Council to request that the
independent expert on the issue of human rights obligations related to access to safe
drinking water and sanitation present an annual report to the General Assembly,17
and encourages her to continue working on all aspects of her mandate and, in
consultation with all relevant United Nations agencies, funds, and programmes, to
include in her report to the Assembly, at its sixty-sixth session, the principal
challenges related to the realization of the human right to safe and clean drinking
water and sanitation and their impact on the achievement of Millennium
Development Goals.
__________________
16 Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August-4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and
corrigendum), chap. I, resolution 2, annex.
17 See Human Rights Council resolution 12/8.

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