A/HRC/39/55
II. Persons en route, in transit, at reception and in destination
countries
12.
When forcibly displaced persons are en route, in transit or at reception, they are
vulnerable, because they require access to water and sanitation immediately and
continuously in unfamiliar places. The actors that provide assistance to them are often
multiple and changeable, from place of origin to destination and from national agencies to
international and non-governmental organizations.
13.
In response to the questionnaire of the Special Rapporteur, s several States explained
that they applied the same national standard of water and sanitation to refugees, asylum
seekers and migrants en route, as required by human rights law. Some States applied the
Sphere standards, a set of minimum standards applicable in humanitarian responses.
Although the Sphere standards are widely recognized and adopted, they are not a binding
instrument. Except for certain situations in armed conflicts, there are no mandatory
standards on access to water, sanitation and hygiene that humanitarian actors are required to
follow in emergencies.
14.
For such situations, the human rights framework does not provide quantitative
guidance, which could be counterproductive given that requirements have to be assessed on
a case-by-case basis. Human rights core obligations must, however, be applied as a legal
basis for humanitarian assistance. During an emergency, immediate obligations of access to
the minimum essential level of water and sanitation on a non-discriminatory basis apply.
Human rights law prescribes a core obligation for the immediate realization of the
minimum essential level of each right, without exception. The Committee on Economic,
Social and Cultural Rights identified, in its general comment No. 15 (2002) on the right to
water, these core obligations as ensuring safe and equal access to the minimum essential
amount of water that is sufficient and safe for personal and domestic uses to prevent
diseases, especially for disadvantaged or marginalized groups; adopting and implementing
a national water strategy and plan of action addressing the whole population; monitoring
the extent of the realization of the right to water; adopting relatively low-cost targeted water
programmes to protect vulnerable and marginalized groups; and taking measures to
prevent, treat and control diseases linked to water, in particular ensuring access to adequate
sanitation. Even though the Committee does not make any explicit reference to the core
obligation of the right to sanitation (which until recently was treated as an integral part of
the right to water) the core obligation for the immediate realization of the right to sanitation
can be assumed as what every person needs for health and survival, and to live in dignity.
The core obligations reflect the actual practice of many States at the national level; what
forcibly displaced persons actually require may be quite different, depending on the
individuals concerned, cultural factors, locations or other specific factors. The human rights
to water and sanitation can provide guidance on the extent to which and how the needs of
forcibly displaced persons should be fulfilled.
15.
In the present report, the Special Rapporteur examines the situation of access to
water and sanitation by forcibly displaced persons from a human rights perspective, by
applying the normative content of the human rights to water and sanitation (accessibility,
quality, affordability, availability, acceptability, privacy and dignity) and the human rights
principles of participation, equality and non-discrimination, sustainability, progressive
realization and access to remedies. The primary intention of the Special Rapporteur is to put
a human face on the issue of access to water and sanitation by forcibly displaced persons
and to acknowledge them as rights holders.
A.
Persons en route, in transit and at reception
16.
En route, many displaced persons are forced to travel in harsh conditions, such as
heat or cold, without adequate protection or assistance. It is estimated that more than
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