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;
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