Right to Water

Water, they say is life. And rightly so, because without water, it will be practically impossible for humans to survive.

The absence of it can have a devastating effect on the human health, dignity and development. The significance of water cannot be overemphasised. It is used for drinking, personal and domestic hygienic needs, industrial use, and for agriculture purposes such as irrigation.

Despite the indispensability of water, it is estimated by the World Health Organisation (WHO) that over one billion people lack access to a basic water supply, while several millions do not have access to adequate sanitation, which is the primary cause of water contamination and water related diseases.

The unabated contamination, depletion and unequal distribution of water continue to pose a major threat to society, particularly vulnerable and marginalised communities.

What does right to water encompass?

The right to water has found expression in quite a number of international human rights treaties, declarations and other soft law instruments.

Article 2(2) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) stipulates that the state shall ensure that women have the right to “enjoy adequate living conditions, particularly in relation to water supply”.

The Convention on the Rights of the Child (CRC) in article 24(2), enjoins the state to combat diseases and malnutrition “through the provision of adequate nutritious foods and clean drinking water”.

The Committee on Economic, Social and Cultural Right General Comment 15 on “Right to Water” underscores everyone’s right to a safe, sufficient, acceptable, physically accessible and affordable water for both personal and domestic uses.

The committee further highlights the key elements of the right to water. First, the right to water contains freedoms – which protects individuals against arbitrary and illegal disconnection and particularly, unlawful pollution of water resources etc.

Second, the right to water contains entitlements which include access to minimum amount of safe drinking water to sustain life and health.

Third, water supplied to each household must be sufficient and uninterrupted to cover personal and domestic uses.

Fourth, the water available must be safe, thus free from microorganisms and acceptable for use by all. Fifth, the water source must be physically accessible by users – women, men, children, persons with disabilities and even the elderly. Finally, the water must be affordable to all who need it.

This means that one’s socio-economic status should not be a determining factor in accessing water. For instance, persons living in poverty should not be denied water simply because they cannot afford it. The point must also be emphasised that the right to water does not suggest right to “free water”. But as emphasised earlier, economically disadvantaged groups should not be deprived of safe water because of their socio-economic circumstances.

Obligations –What must government do?

It is trite knowledge that the state is the primary duty bearer for ensuring that the right to water is materialised.

The state has to respect, protect and fulfil the right to water of its citizens under the pact sunct servanda principle.

One of such means is to protect water resources such as rivers, lagoons, streams from further pollution from mining activities given that current condition of some rivers in the country poses a very serious existential threat to citizens.

The devastating consequences of activities of unregulated mining, popularly called galamsey impugns the state’s commitment towards this particular right.

Therefore, to reverse the trend, the government must provide enough impetus to the current national drive targeted at ridding the country of galamsey which has ruthlessly destroyed several river bodies relied on by several communities in the country.

As a state party to relevant human right treaties which touch on right to water, government must take positive steps towards guaranteeing the right to water.

In addition, government must adopt aggressive policies to ensure the provision of access to safe drinking water for communities that do not have them. The commission notes that such aggressive interventions may come with resource implication.

However, the realisation of the right to water cannot be relegated to the background given its indispensability and every steps by government and stakeholders be taken to safeguard this basic human need.

By Human Rights Dept., CHRAJ

Email: info@chraj.gov.gh