A/HRC/39/55
I.
Introduction
1.
Pursuant to Human Rights Council resolutions 27/7 and 33/10, the Special
Rapporteur on the human rights to safe drinking water and sanitation, Léo Heller, has
worked on identifying challenges and obstacles to the full realization of the human rights to
safe drinking water and sanitation, and on protection gaps, good practices and enabling
factors. In the present report, the Special Rapporteur focuses on the human rights to water
and sanitation of forcibly displaced persons.
2.
To develop the report, the Special Rapporteur addressed questionnaires to States and
other stakeholders, which elicited a total of 18 submissions. 1 In addition, he convened a
brainstorming round table on 13 September 2017 and an expert consultation on 16 and 17
May 2018, both in Geneva.
3.
By the end of 2016, 65.6 million people — 22.5 million refugees, 2.8 million
asylum seekers and 40.3 million internally displaced persons — had been forcibly displaced
worldwide as a result of persecution, armed conflict, other situations of violence, or human
rights violations. 2 In addition, millions of migrants are forcibly displaced as a result of
extreme poverty, discrimination, climate change, forced evictions and other situations.
4.
Disasters continue to trigger new displacements every year (18.8 million in 2017)3
and are likely to do so even more in the future, given the likelihood that climate change will
increase the number of extreme weather events and will cause more severe and chronic
droughts and flooding in some regions. It is estimated that 10 to 15 million people are
forcibly displaced every year by development projects, such as dam construction, urban
development, and transportation and infrastructure programmes. 4
5.
For the purposes of the present report, the Special Rapporteur considers forcibly
displaced persons those who are forced to move, within or across borders, as a result of
above mentioned causes — mainly internally displaced persons, refugees, asylum seekers
and migrants in vulnerable situations while en route, at borders, at reception and at
destination. In the report, the Special Rapporteur specifically focuses on people affected by
forced displacement who are unable, for reasons beyond their control, to realize their
human rights to water and sanitation by the means at their disposal, and who have to rely,
as a result, on national or international assistance.
6.
All forcibly displaced persons are equally entitled to the human rights to safe
drinking water and sanitation irrespective of their current location and the status bestowed
on them, and even in cases where they are considered ineligible for international refugee
protection. Access to water and to sanitation is not only a fundamental human right for
human survival and health but also for living life in dignity. The fundamental role of access
to water and sanitation is also understood by affected persons themselves, such as those
internally displaced in Juba who referred to access to food, water, health and protection as
what human rights meant to them.5
7.
The framework of the human rights to water and sanitation must be applied at all
times: before, during and after emergency situations, during development projects, and in
other situations that may lead to forced displacement. The human rights to water and
sanitation in emergency situations are, however, all too often compromised. More children
1
2
3
4
5
See www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/ForciblyDisplacedPersons.aspx.
Office of the United Nations High Commissioner for Refugees (UNHCR), Global Trends: Forced
Displacement in 2016, UNHCR, 2017.
Internal Displacement Monitoring Centre, Global Report on Internal Displacement 2018, May 2018.
Internal Displacement Monitoring Centre, Dams and Internal Displacement: An Introduction, 11
April 2017. See also www.forcedmigration.org/research-resources/expert-guides/developmentinduced-displacement-and-resettlement/global-overview.
Roberta Cohen, Listening to the Voices of the Displaced: Lessons Learned, September 2008, p. 33.
3
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