the human right to water and sanitation in emergency situations

- Part 3 - Advocacy on the right to water and sanitation in emergencies
ted the already dire situation caused by economic and financial sanctions imposed on the Gaza
administration by both Israel and Western states when Hamas came to power in 2006. Sanctions
eroded the ability of Gaza’s authorities to provide adequate services to the population and led to
the withdrawal of much needed donor investment in the water and sanitation sectors causing the
suspension or cancellation of a number of projects.
Facts:
- Lack of access for equipment and supplies necessary to repair and upgrade old and badly
damaged water and sanitation infrastructure, as well as frequent shortages of fuel and power
cuts led to the periodic paralysis of water and waste-water services. In April 2008 around 95% of
Gaza’s water wells and sewage pumping stations were non-operational.
- Intermittent water availability forced many residents to buy from more expensive and less safe
sources such as water tankers, turn to untreated agricultural wells for domestic use, compromise
on hygiene and in extreme cases reduced water use to a mere 14 litres per person per day.
- Gaza’s water utility was forced to release some 50,000 cubic metres of raw or partially treated
sewage into the Mediterranean Sea to prevent flooding of residential neighbourhoods as happened
in Zeitoun district in January and May 2008. Wastewater treatment plants were in a critical
state of disrepair.
- In March 2007, a small lake created by overflow into a natural depression next to the filtration
basin at Beit Lahia burst its banks and flooded the village of Um Al-Nasser with partially treated
sewage causing the death of five people and displacing 1,000. Signs of structural deterioration
have raised concerns that the adjacent larger lake may similarly burst its banks sending 1.5 million
cubic litres of sewage upon Beit Lahia town and surrounding areas threatening the life and
property of up to 50,000 people and possibly contaminating the ground water supplies of up to
300,000 people.
- Further, Israeli Defence Forces have deliberately targeted water and sewage infrastructures.
Between 27 February 2008 and 4 March 2008, damage to electrical transformers and voltage
lines affected 10 water wells leaving 230,000 Gazans without water for nearly two days. Gaza’s
municipal workers have been fired upon at times, preventing them from carrying out work related
to water and wastewater services.
Analysis in terms of rights:
- As an occupying power maintaining effective control over Gaza, Israel is legally responsible for
ensuring the realization of the right to water and sanitation for the occupied population.
- Israel is in violation of the International Covenant on Economic, Social and Cultural Rights through
taking deliberate actions which have undermined the provision of adequate and safe water and
sanitation; reduced the quantity of water for personal and domestic needs; reduced the accessibility
of water and sanitation services which are intermittent and in some cases non-functional;
and compromised affordability of safe water in cases where people have had to rely on tanker
provision.
- The International Covenant on Economic, Social and Cultural Rights requires that economic
sanctions may not be applied in a manner which imposes disproportionate suffering to the civilian
population and sanctions may not be imposed on goods and services necessary for the right to
water. States that are party to the economic sanctions on the Gaza administration are obliged to
do all in their power to protect the economic, social and cultural rights of the affected population. In
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
105