the human right to water and sanitation in emergency situations

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BoX 19 - The position of two main donors in respect of the human right to water and
sanitation in emergencies
DFID
DFID is without a doubt currently the most progressive financial backer when it comes to the right
to water. In 2006, DFID adopted an official position on the right to water whereby it recognizes the
right to water as a component of the right to an adequate standard of living (contained in Article
11 of the ICESCR) and not as a self-standing right per se 127 .
DFID considers the right to water both as a tool to be used to improve access to water in developing
countries, as well as a means to fight poverty. More generally speaking, DFID perceives
the implementation of human rights as a powerful force towards achieving good governance and
compliance with the rule of law. DFID encourages the development of programmes anchored in a
“rights-based approach”. For that reason, DFID intends to re-examine its strategies in order to incorporate
the right to water in them and promote the implementation of basic human rights. Careful
attention must therefore be paid to further developments in this domain 128 . This being said, it is,
however, important to note that during the seventh session of the Human Rights Council, whilst
the United Kingdom expressed its support for the right to water, it stated that it did not recognize
the right to sanitation, without however taking any active stance against it.
ECHo
The mandate 129 conferred on ECHO by the European Union consists in providing assistance and
emergency aid to victims of natural disasters or to those caught up in conflicts outside the European
Union. This aid is sent directly to populations in distress, regardless of race, religion or political
affiliation. In fulfilling its mandate, ECHO considers the right to water to be a fundamental right
but believes that the right to water as defined by United Nations General Comment 15 (2002) goes
far beyond its own objectives and is more of a development issue germane to other organizations
within the European Commission, such as EUROPEAID.
Finally, humanitarian aid agencies and personnel can advocate for increased funding and greater focus of
the international community on the right to water and sanitation of populations caught up in emergencies.
The most recent development at the international level to promote universal access to water and sanitation,
along with the obligations of industrialized countries to pledge international assistance, places additional
responsibilities on these countries to help nations with more precarious economies to achieve these
goals. These responsibilities and obligations can be used as the basis for an effective advocacy strategy.
14.3.4. Work with national and regional enforcement procedures to ensure state accountability
A human rights approach to water and sanitation must emphasize that States are accountable for complying
with their international, regional and national obligations arising from this right. Working to establish
legal and other appropriate remedies for violations of the right to water and sanitation is therefore critical
to its promotion and protection. It is important that NGOs take every opportunity to bring cases of actual
or potential violations of this right to national and/or regional courts and other available complaints and
127/ For more details, please consult: http://www.dfid.gov.uk/pubs/files/human-right-water.pdf
128/ For a more global insight into DFID’s position on human rights, please refer to: Piron (L. H.) and Watkins (F.) DFID Human
Rights Review: A Review of how DFID has Integrated Human Rights into its Work. London, ODI, July 2004.
129/ / For details of ECHO’s humanitarian mandate, please consult http://eur-lex.europa.eu/
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS