the human right to water and sanitation in emergency situations

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56 - Monitor and contribute to the debate on the role and responsibilities of the private sector, especially in emergency situations. Moreover, humanitarian agencies should be encouraged to: - Consult and develop a dialogue with the independent expert appointed by the Human Rights Council during her study, identifying, capitalizing upon, promoting and exchanging best practices and recommendations that focus on emergency situations and are related to safe drinking water and sanitation; - Alert the independent expert to any cases of gross, systematic violations of the right to water and sanitation (for example by sending a communication to her office); - Disseminate information on the work and mandate of the independent expert. - Submit examples of good practices to the independent expert at the following address: iewater@ ohchr.org According to these different analyses, if the right to water and sanitation is not explicitly mentioned in any general human rights instruments, this does not signify that this right is excluded from the more general corpus of human rights. Moreover, the latest very encouraging development at the Human Rights Council is a further indication that political dialogue continues to evolve towards recognition of the right to water and sanitation. Thus, at our level, and as humanitarian aid agencies, we can also protect the right to water and sanitation within the framework of human rights: - We must remember that, in our daily work, we are not only fighting for the respect of basic human needs, but also, and above all, for the respect of human rights that are recognized by international human rights law. We must raise the awareness of humanitarian staff to the fact that humanitarian work is, in essence, working to ensure the respect, protection and fulfilment of all human rights. The right to water and sanitation is a fundamental right, especially in emergency situations; - We can inform, negotiate and raise the awareness of governments to the rights they must realize, protect and respect within the overall objective of creating governmental accountability; - We can inform and raise the awareness of the general population of their own rights in order to assist- all those concerned by informing them of their rights. © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 2 - Definition of the right to water and sanitation in emergency situations CHApTER 10 - THE HUMAN RIGHT TO WATER AND SANITATION IN SITUATIONS Of ARMED CONflICT: THE lEGAl fRAMEWORk This section outlines and clarifies the provisions of International Humanitarian Law which apply to the protection of water in time of war and, by extension, which contribute to protecting the right to water and sanitation of populations affected by armed conflict, whether international or non-international. 10.1. Key message Given the fact that International Humanitarian Law is the body of law specifically applicable in situations of armed conflict, and that some of its provisions are water-related, it has to be considered as a counterpart to those aspects of human rights law that deal with the right to water and sanitation. By proscribing and prohibiting certain behaviour in order to prevent shortage of fresh water or denial of access to fresh water in situations of armed conflict, IHL can be said to complement human rights standards, and thus the right to water and sanitation, even though it contains no explicit mention of the “right to water and sanitation” as such. 10.2. Background Armed conflict is one of the primary obstacles to the realization of the right to water and sanitation. War disrupts all stages of access to the fresh water that is essential for human survival, jeopardizing inter alia transport, treatment/processing, and consumption. In addition to the absolute necessity of water for physical survival, lack of this vital element can also have a critical impact on civilians by threatening crops and livestock, inhibiting protection against disease, and forcing displacement of persons. Today’s armed conflicts are currently depriving millions of people of drinking water. These same conflicts could eventually affect freshwater causing severe harm both to civilians and to the environment. Moreover, denial of access to water can be used as a method of warfare or as part and parcel of a military strategy. During conflicts, civilian populations may be deprived of water resources for various reasons, including to starve or to displace them 72 . Equally, water may itself be targeted by the conflict through contamination or pollution and damage or destruction of water infrastructures. Water facilities are particularly vulnerable to attack in conflict and can be targeted deliberately to induce civilians to flee. Sometimes water facilities suffer indirectly from assaults on other parts of the infrastructure, which are considered as military objectives, resulting in electricity cuts and shortages of fuel and chemical products. Destruction of an electrical generator can affect water supply systems. Shortage of water can increase the incidence of disease and epidemics. 72/ Interview: ‘What IHL says about water?’ ICRC, 22.3.2007 Available at http://www.icrc.org/web/eng/siteeng0.nsf/html/ water-ihl-interview-220307 © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 57
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THE HUMAN RIGHT TO WATER AND SANITA
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ACkNOWlEDGMENTS Acknowledgments The
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