8.3.3 Pollution of water resources Condensed: States are required to refrain from unlawfully diminishing or polluting water and should regulate individuals, groups, corporations and other entities to ensure that they refrain from polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems. The right to adequate sanitation is particularly relevant since urban garbage and human waste are some of the primary causes of pollution of freshwater. Violations of the right to water through pollution of water resources occur through activities such as ship dismantling, gold mining, industrial processes such as paper production, and from chemicals used in fumigation processes that destroy unwanted plants. Comprehensive: The right to water entails the prohibition of unlawful pollution of water resources. Under the ICESCR, for instance, State must refrain from unlawfully diminishing or polluting water and should regulate individuals, groups, corporations and other entities to ensure that they refrain from polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.[1] Indeed, States have the obligation to ‘devise regulations and policies to control pollution of water resources by all persons and organizations, both public and private, including surveillance, disincentives, pollution penalties and assistance with compliance’.[2] The Independent Expert on access to safe drinking water and sanitation noted with satisfaction the adoption by the government of Costa Rica, of a new regulation imposing creating an environmental tax for dumping polluting substances in water.[3] The Special Rapporteur on toxic and dangerous products and wastes has highlighted the negative effects on the environment, including the contamination of freshwater sources, of activities such as ship dismantling. [4] This Special Rapporteur recommends that states develop appropriate infrastructure for ship recycling activities, and to consider adopting measures that will gradually phase out ship dismantling methods that do not offer sufficient guarantees of environmentally safe waste management.[5] Other activities that may result in the pollution of water resources include gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants.[6] The right to adequate sanitation is particularly relevant since urban garbage and human waste are some of the primary causes of pollution of freshwater.[7] States have an obligation to refrain from polluting water resources and to adopt measures that ensure that water resources are not polluted by third parties.[8] Failure to meet these obligations constitutes a violation of the obligations to respect and protect against infringement of the right to water. Pollution of water affects the environment negatively and also affects the quantity of safe drinking water available for human consumption. (See *arbitrary or discriminatory exclusion from access to safe-drinking water and sanitation*; *denial of the minimum quantity of water needed to sustain life and health*) Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption.[9]
[1]Committee on Econonomic, Social and Cultural Rights, General Comment 15 at paras 21 and 23. [2]Draft guidelines for the realization of the right to drinking water and sanitation, adopted by the Sub-Commission on the Promotion and Protection of Human Rights, A/HRC/Sub.1/58/L.11 (2006) guideline 7.3. [3] Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation: Mission to Costa Rica, A/HRC/12/24/Add.1(2009) para 60. [4]Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, A/HRC/12/26 (2009) para 31. [5] Special Rapporteur on toxic and dangerous products and wastes para 65(b). [6] See discussion in R Künnemann & S Epal-Ratjen ‘Starving the future: Ecodestruction and the human right to food’ FIAN (2001) 121-128. [7] ‘Relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation’,Final report of the Special Rapporteur, E/CN.4/Sub.2/2004/20 (2004) para 45; Preliminary report, E/CN.4/Sub.2/2002/10 (2002) para 44. [8] CESCR General Comment 15 para 44(a) & (b). [9] WHO Guidelines for drinking water quality vol 1 3rd ed (2006) 1-7.
Condensed:
States are required to refrain from unlawfully diminishing or polluting water and should regulate individuals, groups, corporations and other entities to ensure that they refrain from polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems. The right to adequate sanitation is particularly relevant since urban garbage and human waste are some of the primary causes of pollution of freshwater. Violations of the right to water through pollution of water resources occur through activities such as ship dismantling, gold mining, industrial processes such as paper production, and from chemicals used in fumigation processes that destroy unwanted plants.
Comprehensive:
The right to water entails the prohibition of unlawful pollution of water resources. Under the ICESCR, for instance, State must refrain from unlawfully diminishing or polluting water and should regulate individuals, groups, corporations and other entities to ensure that they refrain from polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.[1]
Indeed, States have the obligation to ‘devise regulations and policies to control pollution of water resources by all persons and organizations, both public and private, including surveillance, disincentives, pollution penalties and assistance with compliance’.[2] The Independent Expert on access to safe drinking water and sanitation noted with satisfaction the adoption by the government of Costa Rica, of a new regulation imposing creating an environmental tax for dumping polluting substances in water.[3] The Special Rapporteur on toxic and dangerous products and wastes has highlighted the negative effects on the environment, including the contamination of freshwater sources, of activities such as ship dismantling. [4] This Special Rapporteur recommends that states develop appropriate infrastructure for ship recycling activities, and to consider adopting measures that will gradually phase out ship dismantling methods that do not offer sufficient guarantees of environmentally safe waste management.[5] Other activities that may result in the pollution of water resources include gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants.[6]
The right to adequate sanitation is particularly relevant since urban garbage and human waste are some of the primary causes of pollution of freshwater.[7] States have an obligation to refrain from polluting water resources and to adopt measures that ensure that water resources are not polluted by third parties.[8] Failure to meet these obligations constitutes a violation of the obligations to respect and protect against infringement of the right to water.
Pollution of water affects the environment negatively and also affects the quantity of safe drinking water available for human consumption. (See *arbitrary or discriminatory exclusion from access to safe-drinking water and sanitation*; *denial of the minimum quantity of water needed to sustain life and health*) Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption.[9]
[1]Committee on Econonomic, Social and Cultural Rights, General Comment 15 at paras 21 and 23.
[2]Draft guidelines for the realization of the right to drinking water and sanitation, adopted by the Sub-Commission on the Promotion and Protection of Human Rights, A/HRC/Sub.1/58/L.11 (2006) guideline 7.3.
[3] Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation: Mission to Costa Rica, A/HRC/12/24/Add.1(2009) para 60.
[4]Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, A/HRC/12/26 (2009) para 31.
[5] Special Rapporteur on toxic and dangerous products and wastes para 65(b).
[6] See discussion in R Künnemann & S Epal-Ratjen ‘Starving the future: Ecodestruction and the human right to food’ FIAN (2001) 121-128.
[7] ‘Relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation’,Final report of the Special Rapporteur, E/CN.4/Sub.2/2004/20 (2004) para 45; Preliminary report, E/CN.4/Sub.2/2002/10 (2002) para 44.
[8] CESCR General Comment 15 para 44(a) & (b).
[9] WHO Guidelines for drinking water quality vol 1 3rd ed (2006) 1-7.