the human right to water and sanitation in emergency situations

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44 Finally, GC 15 calls upon States parties, NGOs and international organizations, including the Red Cross Movement, to apply the right to water. 6.8. What does General Comment 15 say about emergency situations? General Comment 15 also focuses on emergency situations and identifies a number of factors that define which populations are particularly vulnerable in such situations, as well as the responsibilities of Member States and other key actors in this respect. These elements are of particular importance for humanitarian aid agencies and are described in Table 5. Table 5 - GC 15 and emergency situations Duties and obligations of actors during emergencies Protection of vulnerable groups affected in emergency situations (States) GC 15 pays special attention to vulnerable groups, such as women, children, refugees, asylum seekers, IDPs and returnees. obligation to respect (States) In direct reference to IHL, GC 15 states that it is prohibited to attack, destroy or limit the access to water as a punitive measure. GC 15 Para.16 - “States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right (…). In particular, (…) (f) Refugees, asylum-seekers, internally displaced persons and returnees have access to adequate water whether they stay in camps or in urban and rural areas. Refugees and asylum-seekers should be granted the right to water on the same conditions as granted to nationals; (g) Prisoners and detainees are provided with sufficient and safe water for their daily individual requirements, taking note of the requirements of International Humanitarian Law and the United Nations Standard Minimum Rules for the Treatment of Prisoners; (h) (…) victims of natural disasters, persons living in disaster-prone areas (…). Para. 21 - “The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation includes, i.e., (…) limiting access to, or destroying, water services and infrastructure as a punitive measure, for example, during armed conflicts in violation of International Humanitarian Law”. © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 2 - Definition of the right to water and sanitation in emergency situations obligation to respect (States) GC 15 includes a reference to the obligation incumbent on States parties to comply with articles contained in the ICESCR, under IHL. This appears to be a confirmation of the existing provision in IHL for fresh water, prisoners of war, and civilians suffering the effects of warfare.. Obligation to fulfil (States) GC 15 refers to emergency situations, especially under the obligation to fulfil which appeals to each State to adopt mechanisms to respond to emergency situations and to focus on mechanisms aimed at the anticipation of emergencies and contingency planning. International obligations According to GC 15, in disaster relief and emergency relief, including that provided to refugees and displaced people, priority should be given to rights under ICESCR, such as the provision of adequate water. Responsibility of other actors than States Para. 22 - “The Committee notes that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States parties are bound under International Humanitarian Law. This includes protection of objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protection of the natural environment against widespread, long-term and severe damage and ensuring that civilians, internees and prisoners have access to adequate water”. Para. 28 - “States parties should adopt comprehensive and integrated strategies and programmes to ensure that there is sufficient and safe water for present and future generations. Such strategies and programmes may include: (…) (h) response mechanisms for emergency situations”. Para. 34 - “(…) In disaster relief and emergency assistance, including assistance to refugees and displaced persons, priority should be given to Covenant rights, including the provision of adequate water. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard”. Paragraph 60 refers to emergency situations reaffirming the central role that humanitarian aid agencies, the Red Cross and Red Crescent Movement and international organizations are playing. However, the obligations of these actors are not precisely described. (See Box 10) © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 45
Page 1 and 2: THE HUMAN RIGHT TO WATER AND SANITA
Page 3 and 4: ACkNOWlEDGMENTS Acknowledgments The
Page 5 and 6: Foreword fOREWORD Access to safe dr
Page 7 and 8: Table of contents 6.7. Responsibili
Page 9 and 10: lIST Of CASE STUDIES AND CONCRETE E
Page 11 and 12: IHL International Humanitarian Law
Page 13 and 14: ExECUTIvE SUMMARY Executive summary
Page 15 and 16: INTRODUCTION Introduction 1. What c
Page 17 and 18: Introduction dimension to the reali
Page 19 and 20: HOW TO MAkE THE bEST USE Of THIS DO
Page 21 and 22: The human - Part 1 right - Internat
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14.4. Developing an advocacy strate
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Annexes The 4th World Water Forum (
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un Standard Minimum Rules for the T
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Art 54. Art 55. Art 5. Art 14. Anne
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IblIOGRApHY Bibliography Right to W
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Bibliography • UN Doc. E/CN.4/Sub
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