A/HRC/39/55
para. 51). The human rights to water and sanitation can be a gauge of the degree of
realization of other economic, social and cultural rights given that water and sanitation are
widely accepted as “public services” and are unique in that, in most countries, they are
directly run by the public sector, except in cities where these services have been privatized.
A.
Participation and access to information
55.
Experience has shown that, when an emergency arises, people who take their lives
into their own hands and can participate in shaping their fate are more likely to recover
from the shock of disasters and are thus more resilient.46 Empowering people by affording
them access to information and participatory mechanisms is therefore crucial. The human
rights to water and sanitation include full and equal accessibility not only to information
concerning water and sanitation, but also to the environment.47 Participation and ownership
by rights holders will lead to greater resilience in their access to water and sanitation over
the long term. In areas prone to armed conflicts and other drivers of displacement, it is
particularly important that participatory processes include discussions on how to redesign
or adapt access to water and sanitation as a part of resilience mechanisms and as a
preventative measure for displacement.
56.
Participatory processes can help in the design of culturally acceptable
infrastructures, allowing users to gain ownership and therefore feel responsible for
maintenance, resulting in greater system sustainability. A pilot project conducted in
Kakuma refugee camp, Kenya, to identify alternatives to pit latrines revealed that the
participation of users could increase acceptability by users, including those who have
special needs, and therefore improve sustainability and resilience.48 Participation must be a
feature of all stages of displacement and, where possible, prior to forced displacement.
B.
Remedy and accountability
57.
The human rights to water and sanitation include access to effective judicial or other
appropriate remedies at both the national and international levels for those whose rights
have been denied or violated; those persons should be entitled to adequate reparation,
including restitution, compensation, satisfaction or guarantees of non-repetition.49 Effective
remedy and accountability mechanisms are crucial for the protection of human rights and
for strengthening people’s resilience. The voices of those whose rights have been affected
should be heeded; only in this way can trust in water and sanitation services be built, and
deficiencies in the system be identified and addressed. States should take the lead with
necessary measures, with the support of humanitarian and other actors. As one aspect of
resilience and preparedness, States should take advantage of times of stability to establish
clear institutional structures to help in the coordination of water, sanitation and hygiene
interventions in times of emergency. States are, however, often fragile and lack the
necessary capacity to do so, and therefore leave the decision-making to humanitarian
organizations, which either provide water and sanitation services directly or, in some cases,
provide support to local service providers. When international organizations and nongovernmental organizations play a role in fulfilling the human rights to water and sanitation
of forcibly displaced persons, actors in a position of authority and that can have a positive
or negative influence on the realization of those rights through their actions (or inaction) or
decisions should be held accountable. The principle of accountability requires that actors
46
47
48
49
Water Kälin, “A Human Rights-Based Approach to Building Resilience to Natural Disasters”, 6 June
2011 (available from www.brookings.edu/research/a-human-rights-based-approach-to-buildingresilience-to-natural-disasters/).
Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to
water, para. 48.
Raymond Nyoka et al., “Sanitation practices and perceptions in Kakuma refugee camp, Kenya:
Comparing the status quo with a novel service-based approach”, PLoS ONE, vol. 12, No. 12.
Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to
water, para. 55.
15
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