Background Paper on Water and Health for the COP workshop Bucharest, 2008/Legal Dimensions

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Contents

Activities of the Compliance Commitee

The Committee performs general tasks in relation to the monitoring of compliance and considers individual cases of non-compliance. More generally, the Committee has a very broad power to examine compliance issues and make recommendations if and as appropriate. It reports on its work at each ordinary Meeting of the Parties (MOP). The Committee shall monitor, assess and facilitate the implementation of and compliance with the Protocol reporting requirements and prepare, at the request of the MOP, a report on compliance with or implementation of the provisions of the Convention.


The main function of the Committee is to consider issues of non compliance by a Party with any conventional provision that has been brought to its attention, to decide upon certain facilitative response measures and to make recommendations to the MOP on response measures.

Potential cases of non-compliance can be brought to the Committee attention through three mechanisms: submissions, referrals and communications.


Submissions by a Party

“Submission” refers to an issue of compliance brought before the Committee by a Party having reservations on another Party’s compliance (party-to-party trigger) or concluding that, despite its efforts, is itself unable to comply with the Protocol (self-trigger). Submissions must be supported by corroborating information.


Referrals by the Secretariat

“Referral” refers to the issue of compliance brought to the Committee’s attention by the secretariat when it becomes aware of possible non-compliance by a Party, when the matter is not settled through consultation with the Party concerned, but only upon consideration of the reports submitted by the Parties in accordance with the Protocol.


Communications from the public

“Communication” refers to the trigger by “members of the public”, e.g. individuals or organizations, without a particular interest to be stated. To be admissible, communications must not be (a) anonymous communications, (b) an abuse of the right to make such communications, (c) manifestly unreasonable, and (d) incompatible with the provisions of the compliance procedure or with the Protocol. Communications by the public are an important tool to safeguard the interests of population and their rights to safe drinking water and health.


The Compliance Committee is consisting of 9 members serving in their personal capacity and not as representatives of Parties, but geographic and sectoral distribution of the members are taken into consideration.


References

See also

Background Paper on Water and Health for the COP workshop Bucharest, 2008

Background Paper on Water and Health for the COP workshop Bucharest, 2008/Good Practices in the UNECE region

Background Paper on Water and Health for the COP workshop Bucharest, 2008/Setting Targets on Water and Health and Establishing Surveillance Systems

Background Paper on Water and Health for the COP workshop Bucharest, 2008/Financing Strategies

Background Paper on Water and Health for the COP workshop Bucharest, 2008/Monitoring and Reporting Progress

Protocol on Water and Health

Water-related Legislation and Conventions

External Resources

WECF on Workshop for Water and Health

Attachments

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