the human right to water and sanitation in emergency situations

- Part 3 - Advocacy on the right to water and sanitation in emergencies
sarily as a direct result of deliberate government (or armed opposition) action, an approach that raises
awareness of the matter and suggests ways of mitigating the situation may be more appropriate than
a focussed denouncement of a violation, for example if the authorities fail to restore access to water
after a battle, or if the power supply is cut in ways that affect a water treatment plant.
- In cases of long-term neglect, leading to deprivation of rights, advocacy may more appropriately
include references to the assistance that humanitarian agencies can offer (for example, where the
problem is caused by lack of maintenance of a water supply infrastructure). However even in such
situations it may be more apposite to raise awareness of the right to water and sanitation in order to
highlight government obligations under international standards to ensure the exercise of the right to
water.
13.5. Key challenges to rights-based water-related advocacy
If what has been discussed above clearly indicates that using a rights-based approach for the purposes
of advocacy can procure more legitimacy and force for the messages developed it would, nonetheless,
seem judicious at this juncture to revisit a number of challenges or elements which can hamper this type
of approach, especially in the water and sanitation sector.
1. It must be said that, to some extent, those working on water, sanitation and hygiene related issues still
resist the idea of incorporating rights language and human rights into discussions about access to water
and sanitation, even in terms of advocacy. At times, they perceive the right to water and sanitation as
having some “political” resonance. At others, they see it as “ineffective”, or lacking content. Consequently,
other groups concerned might also feel ill at ease with rights language, meaning that reticence about
accepting its incorporation into the sector persists. Be that as it may, we trust that this handbook will go
some way towards enhancing the reader’s understanding of and insight into the added value represented
by speaking in terms of rights more than in terms of needs so far as access to water and sanitation is
concerned. All those working in this sector have a crucial role to play in improving the situation. In future;
preference must be given to capitalization and to field studies.
2. It could be further argued that when the right to water and sanitation is flouted, then so will other rights.
Theory and the interdependence of human rights have shown this to be true. In turn, in practice, it is very
rare that only one human right is violated in isolation from all the others.
3. It is easier to identify cases of violations of political and civil rights than those of an economic, social and
political nature. However, in contrast to violations of individual civil and political rights, in which a quasijudicial
level of evidence is often required to prove that a human rights violation has occurred, the level of
evidence required of those advocating for economic, social and cultural rights is different. For example:
- Denial of access to potential beneficiaries may constitute evidence of intent to violate rights, even if
advocates do not identify individuals who have suffered as a result.
- Damaged or neglected installations can also constitute such evidence, even when lack of access
prevents identification of victims.
- Statistical data (on health, for instance) can also constitute evidence, particularly when combined with
other factual research.
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