A/HRC/39/55 65. The Special Rapporteur expresses his concern at the practice followed, during emergencies, of prioritizing certain minimum obligations by narrowly interpreting “life-saving”, and of not setting a time frame to move towards the progressive realization of the rights of displaced persons. In stabilized and protracted situations, the degree of access by forcibly displaced persons should progressively improve from the minimum essential level. Progressive realization requires the taking of deliberate, concrete and targeted steps to the maximum extent of available resources; this includes international cooperation and continuing funding. The Special Rapporteur reminds economically developed States that they have a special responsibility to assist the poorer developing States in the provision of safe drinking water and adequate sanitation in a manner that is consistent with the human rights framework. 66. Humanitarian assistance tends to concentrate on camps, even though most forcibly displaced persons actually live outside camps. An inclusive approach that seeks to involve forcibly displaced persons in national and local development planning and in supporting local water and sanitation services is needed. Global monitoring in the development context, however, lacks disaggregated data on access to water and sanitation by forcibly displaced persons. Furthermore, the collection of data and monitoring in humanitarian settings are not well developed. Despite the challenge that the nexus between humanitarian issues and development poses, given the differences that characterize relevant mechanisms, both actors should take advantage of each other’s expertise and capacities. Weak and vague accountability of humanitarian and development actors themselves contribute to unsustainable or discontinuous interventions. The human rights framework — in particular the principles of sustainability, participation and accountability, as well as cost-efficiency from a human rights perspective — can offer consistency, given that the persons concerned continue to be entitled to the human rights to water and sanitation throughout the humanitarian and development phases. 67. Strengthening the human rights to water and sanitation during times of stability could help to reduce and mitigate the risks of displacement, since the realization of these rights requires the strengthening of other human rights. The level of the realization of the human rights to water and sanitation can indeed act as a gauge of the implementation of other human rights, and hence reflect people’s degree of resilience. The effects of the realization — or lack thereof — of human rights during times of stability are often repeated or even exacerbated in humanitarian responses. Strengthening participation and access to remedies and accountability to all will contribute to strengthening the protection of human rights and the resilience of affected persons when an emergency arises. 68. In the light of the above conclusions, the Special Rapporteur recommends that States: (a) Guarantee the human rights to water and sanitation by refugees, asylum seekers and migrants in transit or at their destination with the same conditions as those granted to nationals of the States concerned, regardless of their legal status and documentation; (b) Establish a clear institutional structure in the provision of water and sanitation during times of stability as one aspect of resilience and preparedness; (c) Strengthen support for the realization of the human rights to water and sanitation by internally displaced persons, and seek international support when needed; (d) Respect the provisions of international humanitarian law in situations of armed conflict, including by granting safe, rapid and unimpeded humanitarian access to those in need. 69. The Special Rapporteur recommends that States and humanitarian actors: (a) Apply the framework of the human rights to water and sanitation at all times — before, during and after emergency situations, armed or non-armed conflicts or disasters; 18

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