A/HRC/45/11 have fled to Bangladesh since 2017.67 In addition, a large number of refugees live in host communities and in locations beyond camp boundaries. Such a rise in the population of forcibly displaced persons has led to more discussions on the challenges and responses associated with access to water and sanitation. 56. Given the increase in the number of forcibly displaced persons worldwide, the Special Rapporteur submitted a thematic report focused on the rights to water and sanitation of such persons, in particular internally displaced persons, refugees, asylum seekers and migrants in vulnerable situations, while en route, at borders, at reception and at the destination. In the report, the Special Rapporteur highlights that forcibly displaced persons are rights holders, who are entitled to enjoy access to adequate drinking water and sanitation services, and not mere recipients of aid. Receiving countries cannot justify restrictions on the enjoyment of the essential content of economic, social and cultural rights on the basis of a lack of resources. Economically developed States, as well as others that are in a position to assist, have international obligations and responsibilities to ensure the essential access to water and sanitation. States have no justification for providing forcibly displaced persons with substandard water and sanitation services as a means to restrict their entry into the territory of the State or as a means to deter people from staying. 2. Progress since 2010 57. The Special Rapporteur expressed his concern that forcibly displaced persons are often seen as recipients of aid and that humanitarian actors quickly implement “life-saving” assistance without setting a time frame for moving towards the progressive realization of the rights of displaced persons or without the due participation of those who are affected. In response to such concerns, the assessment on the progress made focuses on two criteria. The first criterion relates to the measures in place to guarantee the enjoyment of the human rights to water and sanitation by forcibly displaced persons 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. The second criterion relates to how States and humanitarian actors have ensured immediate access to the minimum essential level of water and sanitation on a non-discriminatory basis during situations of emergency. 58. The submissions received did not specify any measures addressing and guaranteeing the human rights to water and sanitation of forcibly displaced persons and did not refer to any specific examples that showed progress, according to the two criteria mentioned above. However, at least one example demonstrated State efforts to include water and sanitation in national plans addressing situations of emergency. In Mexico, the National Water Commission adopted various measures to ensure immediate access to minimum essential levels of water and sanitation services during situations of emergency. 68 For instance, the new operational rules of the programme on drinking water, sewerage and sanitation allow for resources to be channelled to municipalities where there is an urgent risk to people’s health or integrity. This means that the programme can be used to support projects, works and actions in emergencies, for instance to cover the expenses inherent in the urgent delivery of water and sanitation. C. Spheres of life beyond the household 1. Special Rapporteur’s report on access to water and sanitation in spheres of life beyond the household69 59. The adoption of the Sustainable Development Goals broadened the perspective on water, sanitation and hygiene services provisions and facilities, eliciting the need to take into account access to services in non-household settings, such as schools, health-care facilities and workplaces. Accordingly, the WHO/UNICEF Joint Monitoring Programme for Water Supply, Sanitation and Hygiene expanded its global database to include access to water, sanitation and hygiene in some institutional settings. However, the Goals were 67 68 69 Office of the United Nations High Commissioner for Refugees, Operational Portal: Refugee Situations. Available at https://data2.unhcr.org/en/situations (accessed on 17 July 2020). Submission from Mexico. A/HRC/42/47. 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents