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Moreover, this handbook has reviewed a number of texts, in particular General Comment 15, which demonstrate
that, on the basis of the now sufficiently detailed normative content of this right, key indicators
and questions can be established whereby cases of violations of human rights can be more precisely
identified (see Figure 1) Whilst these preliminary attempts are not definitive and call for improvement, the
more they are put into practice, the more effective they will become. Humanitarian aid agencies are thus
invited to develop similar initiatives and to share the results.
4. Establishing the responsibility of States in the case of violations of economic, social and cultural rights
is much less evident than it is for civil and political rights, and consequently to accuse a State of “violating”
a right in the former category is much more problematical. And the same can be said of developing
advocacy if no clear-cut responsibility can be identified.
The concept of complicity in respect of the violation of water and sanitation related rights is therefore important,
because it means that advocates of these rights can bring this idea into play to draw attention to
the responsibilities of a State without necessarily having to prove deliberate intent on their part to violate
these same rights. In other words, a State cannot shirk its responsibilities under international standards
by blaming other actors (or even parts of the state machinery itself, such as the armed forces) for human
rights violations. States have a duty to protect their citizens and other persons on their territory or under
their jurisdiction from human rights violations, and failure to do so may be construed as complicity with
the perpetrators, even if the latter are not identified. Whilst accusations of complicity should not be made
lightly, they can be underpinned by research conducted away from the location where violations are taking
place (for example, through legal research demonstrating that no adequate legislation exists to prevent
certain violations).
In conclusion, the ultimate objective would be to gain more political support from States and financial
backers for this essential right to water and sanitation. A number of organizations are already working to
this end. Such an approach, which complements what has been discussed above, could be undertaken
by way of:
- Improving what States and donors know about what already exists by demonstrating the legitimacy
both of GC 15 and of the various obligations in respect of the right to water and sanitation that are
already in force;
- Developing advocacy and awareness-raising at the national level so that States recognize and integrate
the right to water and sanitation into their national policies or their policies of aid to the countries
concerned.
The following chapter of this Handbook offers practical guidance on the design and implementation of
advocacy on the right to water in emergencies.
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS