the human right to water and sanitation in emergency situations

how to ensure such protection. In more general terms, it endeavours to provide information that will facilitate
the implementation of a rights-based approach as part and parcel of an emergency response and
“call on humanitarian actors to look beyond their core mandate and to have a holistic vision of the needs
of the people they have been asked to serve 101 ”.
Thus, the Operational Guidelines on Human Rights and Natural Disasters address all guarantees (understood
to be of a civil and political nature, but also those which are economic, social and cultural) bestowed
upon populations affected by natural disasters by both human rights law and International Humanitarian
Law. The document sets out key elements and offers practical guidance to humanitarian staff on how to
ensure that rights related to the basic necessities of life are put into practice. The right to drinking water
and sanitation is specifically built-in.
The IASC Operational Guidelines on Human Rights and Natural Disasters are targeted directly at ensuring
the respect, protection and practical implementation of international instruments defending human rights
in contexts of natural disaster. In so doing, this document recognizes the right to water when it states that:
“During and after the emergency phase of the disaster, adequate food, water and sanitation (…) should be
provided to persons affected by natural disasters who are in need of these goods and services 102 ”.
Whilst it contains no mention of the right to water as such, the proviso entitled “Protection of Rights Related
to Basic Necessities of Life (B.2. Provision of adequate food, water and sanitation, shelter, clothing
and essential health services)” is directly aimed at ensuring that people affected by natural disasters are
not denied water or safe access to it.
Table 11 sets out the key principles that must be adhered to by humanitarian aid personnel when implementing
water and sanitation services in emergency situations, as reflected under the above-mentioned
Provision B.2.
Table 11 - Guidance for implementing the right to water and sanitation according to the
operational Guidelines on Human Rights and natural Disasters 103
non-discrimination
(B.2.1)
Availability
(B.2.1)
Accessibility
(B.2.1)
Acceptability
(B.2.1)
Adaptability
(B.2.1)
- Part 2 - Definition of the right to water and sanitation in emergency situations
The principle of non-discrimination (of any kind as to race, colour, sex, language, religion,
political opinion, etc.) must be respected when implementing water and sanitation
services.
Water and sanitation services must be made available to the affected population in
sufficient quantity and quality.
“Water and sanitation services (a) are granted without discrimination to all in need, (b)
are within safe reach and can be physically accessed by everyone, including vulnerable
and marginalized groups, and (c) are known to the beneficiaries”.
Water and sanitation services provided are culturally appropriate and sensitive to gender
and age.
Water and sanitation services are provided in ways flexible enough to adapt to the
change of needs in the different phases of emergency relief, reconstruction and, in the
case of displaced persons, return.
101/ Protecting Persons Affected by Natural Disasters, IASC Operational Guidelines on Human Rights and Natural Disasters,
June 2006, p. 9
102/ Ibid. p. 22
103/ Ibid. p. 22 and 23
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