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
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