Figure 14: Example of a human rights analysis Analysis Situation What is the situation? Example from Vanuanui Due to logging activity in the hills behind the community, the main stream to the town is polluted. Apart from a small water tank in the compound of one of the more powerful families, there is a lack of access to safe, affordable, reliable drinking water. Ground water is at risk of contamination from rising sea levels and heavy rain events. Rights Holders Who are those affected by the situation? Who are the most vulnerable groups among these? Affected? Everyone who lives in the community. Most vulnerable? (e.g.) Those families living in poverty who cannot afford to buy bottled drinking water. The rights to an adequate standard of living, to health, to life (etc). Specific Rights Human Rights Principles What rights are involved? What principles (absence or presence) affect the situation of the right-holders? Access to safe drinking water is a fundamental precondition for the enjoyment of other human rights such as the rights to education, housing, health, life, work and protection against cruel, inhuman or degrading treatment or punishment. Participation: Families living in poverty are affected by the lack of safe affordable drinking water and therefore should be part of the community management plan to address this issue. Non-discrimination: Families living in poverty experience discrimination because of their inability to pay for safe drinking water. (continue through the remaining principles) Duty Bearers Who has the duty of upholding the rights? Compliance In what cases do the duty-bearers meet their obligations? What is the impact of this? Non-compliance In what cases do dutybearers NOT meet their obligations? What is the impact of this? APF HRCLD Guide The State has an obligation to ensure access to drinking water. The logging company has a duty to protect the environment and minimise the impact of its activities. The State calls a community meeting, including those families most affected by the issue, to discuss options. It is decided that water tanks are the best solution. A local facility is built in the community to produce its own tanks, and to provide tanks to neighbouring communities. This also provides work and income for the community. While logging regulations exist to prevent logging from polluting the streams, the State is gaining revenue from these companies and is therefore reluctant to enforce them. 41