FAQ: The Right to Water
From WaterWiki
In May 2006, Ministers from 116 developing countries (Non-Aligned Movement) officially acknowledged the right to water for all. In November 2006, the new Human Rights Council requested that the Office of the United Nations High Commissioner for Human Rights conduct a detailed study on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation. In response to the launch of the UN’s latest Human Development Report (Nov. 2006), the British Government officially recognized the human right to water. Since December 2006, the right to water is officially a part of French legislation.
Recognition of the human right to water is only the first step towards implementation. How can this right be translated into reality? This was one of the issues debated during the first meeting of the parties to the UNECE Protocol on Water and Health in January 2007. The right to water issue is, thus, more in the spotlight than ever before, but efforts must continue to make it a reality on the ground.
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Introduction: Rationale, facts and thinking behind
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- "Access to safe water is a fundamental human need and, therefore, a basic human right. Contaminated water jeopardizes both the physical and social health of all people. It is an affront to human dignity" Kofi Annan, former United Nations Secretary-General.
- "Access to clean water should be enshrined in international law as a human right", Mikhail Gorbachev, former president of the Soviet Union (source: ft-com, 12 June 2007), calling on 40 governments to support his proposal for a new global convention "that would declare the right of access to good quality drinking water as a human right."
Access to a regular supply of safe water is a basic human right; nevertheless, of the world's total population of 6 billion people, at least 1.1 billion do not have available sources of clean drinking-water.
What exactly does it mean?
The right to water is defined in the General Comment No. 15 of the International Covenant on Economic, social and Cultural Rights and entitles every human being to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use. The right to water includes the right to sanitation.
Ensuring access to sufficient safe water as a human right means that:
- fresh water is a legal entitlement, rather than (solely) an economic commodity, or a service provided on a charitable basis;
- achieving basic and improved levels of access should be accelerated;
- the "least served" are better targeted and therefore inequalities decreased;
- communities and vulnerable groups will be empowered to take part in decision-making processes;
- the means and mechanisms available in the United Nations human rights system will be used to monitor the progress of States Parties in realizing the right to water and to hold governments accountable.
Who is responsible to grant access to WSS (services)?
Governments
Governments hold the primary responsibility for ensuring the realization of human rights. They must take the steps necessary to ensure that everyone can enjoy sufficient, safe, acceptable, accessible and affordable water, without discrimination. While some discretion is allowed in the choice and mix of the measures to be taken, e.g. law, policies, and programmes, they must be targeted and directed towards full implementation of the right.
UNESCO has stated that governments have a number of duties that follow on from the right to water:
- Duty to respect: maintaining existing access
This duty requires a government to ensure that the activities of its institutions, agencies and representatives do not interfere with a person's access to water.
- Duty to protect: regulating third parties
Prevent others from interfering with the right to water. This requires comprehensive regulatory measures, independent monitoring, public participation and imposition of penalties for non-compliance with standards.
- Duty to fulfil: facilitate, promote and provide
This means taking steps that accord sufficient recognition of the right to water within the national political end legal systems, preferably by way of:
- legislative implementation;
- adopting a national water strategy and plan of action to realize this right;
- ensuring that water is affordable for everyone;
- facilitating improved and sustainable access to water, particularly in rural and deprived urban areas.
Local governments are often at the front line in providing water and sanitation services: they can be given the responsibility to ensure access to these services as well as the power to determine who receives the services, and under what conditions. General Comment 15 on the right to water states that national governments must ensure that local authorities "have at their disposal sufficient resources to maintain and extend the necessary water services and facilities". In addition, States Parties "must further ensure that such authorities do not deny access to services on a discriminatory basis".
Other stakeholders
Common to all individuals and all other stakeholders is the obligation to comply with governments' plans, policies and laws which concern the right to water.
Citizens:
ensure the realization of their rights to water by making financial or other contributions. This may include fees for waste disposal, connection to safe water, securing and maintaining a connection/waterpoint/latrine through collective action, preventing contamination of water within the home, and disposing of waste and waste-water in a safe and sustainable way.
Local private sector:
includes those involved in construction of sanitation facilities and service providers. Also includes those industries whose actions may adversely affect water resources, e.g. manufacture, mining, logging, framing, etc. Legislation contributing to the realization of the right to water should make them accountable to local communities and individuals; ensure they do not contaminate ground and surface water resources; involve local communities and residents in decisions affecting them.
Local nongovernmental organizations (NGOs):
these can contribute to the realization of the right to water through: raising awareness on aspects of the right to water and on how this right can be claimed; building capacities; promoting human rights with the government; monitoring the implementation of policies on the right to water; supporting local service provision, maintenance and proper use.
International NGOs:
in contributing to the respect, protection and fulfilment of the right to water, their actions should generally include: promotion of the development of international standards on the right to water; development of the capacity of local civil society partners to claim their right; promotion of the accountability of local government partners, and cooperating with these; ensuring that projects do not arbitrarily distort customary or traditional means of accessing water; engaging in human rights education on the right to water; documenting and highlighting violations of this right; advocating in international and regional fora on behalf of those who have their right to water threatened or violated; encouraging human rights-based approaches to resolving transboundary resource conflicts; and monitoring the policies and practices of international, multilateral, and bilateral institutions in respect to the right to water.
UN specialized agencies and programmes:
These work to ensure that their own policies and programmes promote and protect human rights, including the right to water, so that they can effectively support governments to act in ways which are compatible with their human rights obligations.
International financial institutions:
These play an important role in promoting the fulfilment of the right to water through their financing and influence on the domestic resources by national authorities. Their influence may also extend over activities of others (such as national and local governments and contractors) and contribute to respecting and protecting the right to water.
The World Trade Organization:
Its activities can contribute to development through: the crafting and implementation of trade rules that contribute to the objectives of raising standards of living and sustainable development; providing technical assistance to countries to enable them to better negotiate and implement trade rules to ensure policy coherence between trade and other key national policy objectives.
National and multinational private service providers:
These include companies ranging from local providers of services to multinational corporations. Depending on the nature of the company it may: cause an increase in the number of people served; establish sustainable policies towards water conservation (for its own activities); use adapted financial schemes to contribute to increasing coverage; ensure equity in the reliability of services; give priority to supplies for the most marginalized communities; ensure public participation in decision-making processes; and provide clear and accurate information to all users.
The public and private research community:
It contributes significantly towards the identification and development of new research areas, varying from new technologies to assisting in expanding service provision, through developing understanding of equity issues in water distribution/pricing/cost recovery, to implementing a rights-based approach in research itself.
(How) can an individual claim his/her right?
Other
Link to Water and Health
Does the "right to water" conflict with privatization / PPPs / etc. ?
The involvement of the private sector in water delivery has accelerated over the past decade. In many countries, private sector involvement has extended beyond selling water from trucks and supplying infrastructure to the full operation and management of water delivery systems. While governments under international human rights law may permit private sector involvement, they should ensure that the sufficiency, safety, affordability and accessibility of water are protected from interference. In addition, they should ensure that all citizens may enjoy the right to water in the shortest possible time.
Steps towards acknowledging / implementing the Right to Water
- "Implementing the HR to Water"
- See box in Water Council newsletter
- Towards the 5th World Water Forum
Human Rights Based Approach(es) (HRBA)
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- HR / UN General Assembly Comments / "recognition"
- Emilie Filmser's materials..
- Newest developments:
- first MoP on UNECE Protocol on Water and Health
Legislative Frameworks
- Protocol on Water and Health
- TEXT HERE
- A Mediterranean Convention on drinking water to be created
- From World Water Council newsletter No. 23:
- The development of a Mediterranean Convention affirming the right to water for all was proposed during the meeting of the Mediterranean Bar Association of Lawyers, which took place on 23 and 24 March 2007 in Marrakech around the theme "The Right to Water and Water Law."
- General articles and views
- Article on Sustainable Development in Islam (by Iyad Abumoghli) that also focuses on Water as a "Common Public Good".
References
Related Reports and Materials
Lessons Learned From Rights-Based Approaches in the Asia-Pacific Region
The Human Rights-Based Approach to Development - The Right to Water
Equitable Access to Water and Human Rights
Further Readings and References
Note of the Water Academy and the European Council of Environmental Law (drafted for the 4th World Water Forum - Mexico March 2006) on "The Right to Water".
World Water Council: Right to Water: Moving towards a global consensus?
The Right to Water - From Concept to Implementation (WWC publication)
The Right to Water (WHO publication)
