the human right to water and sanitation in emergency situations

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118 ANNExE 5 SOME COMMON MISUNDERSTANDINGS AbOUT THE RIGHT TO WATER AND SANITATION Does the right to water signify individual connection for each person? Does the right to water mean water for free? Does the right to water mean public management of water? Does the right to water call into question State sovereignty? The right to water does not mean that each household or each habitation must be individually connected. Moreover, there is a difference between the right to water in urban areas and in rural settings. In rural areas, it means that each person has access to drinking water in the vicinity of his or her dwelling, which does not necessarily mean that each rural dwelling must be connected to a distribution network. The right to water does not mean exemption from payment for water. On the contrary, as a consequence of water having been defined as an economic good, it is clear that water now has an economic value (the resource does not have a price, but services do). However, governments are obligated to make water affordable and no one should be deprived of the minimum essential levels of water (so people can not be deprived of this for reasons of money - state may have option to subsidise or provide). The right to water does not mean a return to public management of water and sanitation services. It means that public authorities must exercise a regulatory role and effectively monitor access to water and sanitation services. Moreover, this does not mean that free trade in the water sector will be tampered with; it simply means that the obligations of public water services will require clear definition and have to be respected in order to guarantee the right to water for all. The right to water, as defined by General Comment 15, does not mean that States lose any of their sovereign rights over their water resources. In fact, in accordance with the principles of international law set out in Principle 21 of the Stockholm Declaration 151 (1972) “States have the sovereign right to utilise their own resources pursuant to their own environmental and development policies.” Ultimately, the right to water means that, subject to its international engagements, each State may authorize or not export of drinking water and consent or not to supplying water to neighbouring populations. 151/ Declaration of the United Nations Conference on the Human Environment, Stockholm, Sweden 5-16 June 1972 © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
IblIOGRApHY Bibliography Right to Water and Sanitation Books and Manuals • Aubriot (J.) The Right to Water: Emergence, Definition, Current Situation and Stakeholder Positions. ACF France, 2007 • Camdessus (M.) Financing Water for All. Report of the World Panel on Financing Water Infrastructure, World Water Council, 3rd World Water Forum, 2003, 64 p • Dubreuil (C.) The Right to Water: from concept to implementation. World Water Council, 2006, 62 p • Gorsboth (M.) Identifying and Addressing Violations of the Human Right to Water. FIAN International, Bread for the World, 2005 • Grisel (G.) (ed.) La mise en œuvre du droit à l’eau. Actes du XXIXème Congrès Ordinaire de l’IDEF. Zurich, Schultess, 2006, 433 p • M. A. Salman (S.) and McInerney-Lankford (S.) The Human Right to Water: Legal and Policy Dimensions. World Bank, 2004, 180 p • Roaf (V.), Khalfan (A.) and Langford (M.) Monitoring Implementation of the Right to Water: A Framework for Developing Indicators. In: Global Issue Papers, No. 14, Heinrich Böll Stiftung, March 2005, 55 p • Scanlon (J.), Cassar (A.) and Nemes (N.) Water as a Human Right? IUCN Environmental Law Programme No. 51, 2003, 53 p • Smets (H.) De l’eau pour tous. Académie de l’eau, 2004 • Smets (H.) Le droit à l’eau. Conseil européen du droit de l’environnement, 2002 • Smets (H.) The Right to Water in National Legislation. AFD, 2006 • Tazi Sadeq (H.) Du droit de l’eau au droit à l’eau au Maroc et ailleurs. UNU EHESS, 2007, 460 p Articles • Assaf (K.), Attia (B.), Darwish (A.), Wardam (B.), and Klawitter (S.) Water as a Human right: The Understanding of Water in the Arab Countries of the Middle East – A Four Country Analysis. In: Global Issue Papers, No. 11, Heinrich Böll Stiftung, September 2004, 38 p • Bluemel (E.B.) The Implications of Formulating a Human Right to Water. In: Ecology Law Quarterly, No. 31(4), 2005, pp. 957–1006 • Calagas (B. U.) The Right to Water, Sanitation and Hygiene and the Human Rights-Based Approach to Development. A WaterAid Briefing Paper. WaterAid, 1999, 20 p Gleick (P.) The Human Right to Water. In: Water Policy, Vol. 1(5). IWA Publishing, 1999, pp. 487-503 • Gleick (P.) Basic Water Requirements for Human Activities: Meeting Basic Needs. In: Water International, Vol 21, 1996, pp 83-92 • Hardeberger (A.) Life, Liberty and the Pursuit of Water: Evaluating Water as a Human Right and the Duties and Obligations it Creates. In: Northwestern Journal of International Human Rights, Vol. 4, 2005, pp 331- 362 • Hardeberger (A.) Whose Job Is it Anyway?: Governmental Obligations Created by the Human Right to Water, 41 Texas International Law Journal, 2006, pp.533, 541-542 and 545 • Khalfan (A.) Implementing General Comment No. 15 on the Right to Water in National and International Law and Policy. Discussion Paper, Bread for the World Germany and Centre on Housing Rights and Evictions, March 2005, available at www.cohre.org/water • Langford (M.) Tragedy or Triumph of the Commons? Human Rights and the World Water Crises. Conference Paper. Human Rights 2006: The Year in Review. University of Monash, 2007 © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 119
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THE HUMAN RIGHT TO WATER AND SANITA
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ACkNOWlEDGMENTS Acknowledgments The
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Foreword fOREWORD Access to safe dr
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Table of contents 6.7. Responsibili
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lIST Of CASE STUDIES AND CONCRETE E
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IHL International Humanitarian Law
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ExECUTIvE SUMMARY Executive summary
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INTRODUCTION Introduction 1. What c
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Introduction dimension to the reali
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HOW TO MAkE THE bEST USE Of THIS DO
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The human - Part 1 right - Internat
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CHApTER 2 - INTERNATIONAl HUMAN RIG
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