the human right to water and sanitation in emergency situations

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64 10.5. Conclusion International Humanitarian Law contains rules aimed at ensuring that populations caught up in armed conflict have access to fresh water. However, contrary to human rights treaties, IHL does not bestow «subjective» rights on individuals. Instead it sets out obligations incumbent upon parties to the conflict. Finally, if IHL does not specifically mention «the right to water and sanitation» as we understand it here, it is, in reality, this basic right that is to be protected. In no way should the fact that it is not explicitly mentioned be taken to imply that this right does not exist under IHL - quite the contrary. Furthermore, the following chapter shows that, henceforth, war crimes that relate to water and water facilities can be judged before the International Criminal Court. In our work we should remember that: In addition to the «remedial actions» that humanitarian aid agencies and personnel must undertake in time of war and armed conflict, for instance, facilitating access to drinking water, water distribution (with tanker trucks, etc.), repairing supply systems, seeking to purify drinking water and drinking water service providers, it is also our responsibility to take a number of «preventive measures», for example, inter alia: - Explain and pass on to the humanitarian community, decision-makers and the general public as much information as possible about the international rules protecting water supplies and access to water for civilians. This can help in efforts to provide better protection (material and legal) for water supply systems; - Improve coordination and cooperation in the exchange of appropriate information, knowledge and expertise in this domain between all stakeholders involved; - Call on all parties to a conflict to abstain from attacking water treatment facilities and distribution systems for civilian use and the staff employed to repair and maintain them. © 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 11 - THE RIGHT TO WATER AND SANITATION IN NATIONAl lEGISlATION This section explains that the right to water and sanitation can be included in national legislation and offers some examples. National legislation forms the primary legal basis for the right to water and sanitation. However, all States have a responsibility to ensure that their national laws and policies respect and reflect their obligations under international law, including those contained both in human rights law and International Humanitarian Law. The right to water and sanitation can be expressed in three different ways in national legislation: it can be derived from another basic right recognized within that nation’s Constitution, it can stem from an ordinary law, or it can be explicitly recognized in the Constitution as a right per se (See Tables 7 and 8). Table 7 - The right to water in national legislation Deriving from another basic right recognized in the national Constitution Stemming from specific ordinary legislation on access to water The right to Water may have its roots in another basic right recognized in a Nation’s Constitution. Whereas these laws never explicitly address the right to water, they nonetheless relate to issues and rights closely linked to that right. - In India, the right to water originates from the right to life. Article 21 of the Constitution (1997) stipulates that “the right of access to drinking water is fundamental to life and it is a responsibility of the State, by virtue of Article 21, to supply drinking water to its citizens.” - In Niger, the right to water originates from the right to a healthy environment. Article 27 of the country’s Constitution stipulates that: “each person has the right to a healthy environment. The State shall be responsible for protecting the environment. Each person shall be required to contribute to the safeguard and improvement of the environment in which he or she lives.” The right to water may also be a consequence of one or more laws that refer to the access to water as a basic right and can take a number of forms. - In Algeria, the Water Code (2005) recognizes “the right to access to water and to sanitation to satisfy basic needs.” - In Mauritania, the Water Code (Article 2) recognizes that “water is part of the Nation’s heritage. Water usage constitutes a universally recognized right, in the context of existing laws and regulations.” - In Cameroon, Law No. 98/005 of 14 April 1998 establishing a water scheme states that “water is a common good and part of the national heritage; the State shall ensure its protection and management and shall facilitate access to it by all persons.” Other laws make access to drinking water for domestic and personal use a priority. Thus, whilst the nature of water as a basic element is not explicitly recognized, water usage is made subject to a hierarchy, giving priority to domestic and personal use. © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 65
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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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