There had been arguments on whether lack of access to water and privatization of water is a violation of rights. YEJIDE GBENGA-OGUNDARE in this report highlights the international declarations that make access to water fundamental human rights.
Over the years, the lack of water and attempt to privatise water has been a source of discourse across the world especially in the face of acute water shortage, especially in developing nations, affecting virtually all sectors of human life. Indeed, the issue of water shortage has been moved beyond water provision and sustainability, to the attempt to grab water in African nations by private bodies supported by some development organizations.
The battle to entrench the right to water globally is one that can be described as a long journey and despite the fact that the argument that water is a human right that has been on for a long time globally has achieved some objectives, the extreme lack of potable water remains a significant human rights violation that is on a large scale in developing countries, specifically in Africa. It is said that over a billion people, that is, one-sixth of the population of the world, live without clean drinking water.
And as water scarcity issues know no boundaries, the human rights issue of clean water availability is unique and multifaceted, especially in the face of economic scarcity, privatization of water and the water-grabbing trend
Causes of water shortage as identified by advocates include geographic location, climate change, pollution, unjust laws and policies that open the door for water grab and lack of education/awareness on use of water
Is water recognised as human rights?
The United Nations recognises access to water and sanitation as human rights that are fundamental to everyone’s health, dignity and prosperity; the right to water entitles everyone to have access to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use while the right to sanitation entitles everyone to have physical and affordable access to sanitation, in all spheres of life, that is safe, hygienic, secure and socially and culturally acceptable and that provides privacy and ensures dignity.
Water and sanitation have been identified as critical to achieving the SDGs. Leaving no one behind is the central promise of the 2030 Agenda for Sustainable Development and advocates have argued that a society can only achieve high rates of public health, gender equity, educational attainment and economic productivity when all of its members enjoy their rights to water and sanitation with respect for human rights integrated into development plans for all sectors, at all levels.
Though some argue that in international law, there is currently no explicit normative formulation of the individual water right and no explicit definition of fresh water as a possible object of a collective right, there are international actions and ratification that have made it a violation of right when it is not provided.
The first international declarations to deal with the water right was at the United Nations Conference on Water that took place in Mar de la Plata, Argentina, in 1977 where a final declaration stated that everyone is entitled to access drinking water in such quantity and quality as to meet his basic needs. Also, in September 1990 in New Delhi, the United Nations promoted the final Conference of the international decade of drinking water and in January 1992, in Dublin, the United Nations Conference on Water and the Environment ended with the important “Dublin final Declaration.” This early stage of international action was concluded by the United Nations Conference on Environment and Development, held at Rio de Janeiro in June 1992, during which the issue of water was extensively treated.
A more recent and effective international initiative was from the Lisbon Group and the Mario Soares Foundation, that promoted the Water Manifesto in September 1998, from the two water World Forums of Marrakech in 1997 and The Hague in 2000, followed by the World Social Forums of Porto Alegre and the Alternative World Water Forums of Florence in 2003 and in in Geneva 2005.
On Wednesday, October 5, 2022 in Strasbourg, the issue of access to water as a human right took external dimension when the European Parliament in its resolution on access to water as a human right recognized the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.
It arrived at the decision following certain considerations; having regard to UN General Assembly Resolution 64/292 of 28 July 2010, which recognises the human right to clean drinking water and sanitation, having regard to UN General Assembly Resolution 68/157 of 18 December 2013 entitled ‘The human right to safe drinking water and sanitation, having regard to UN Human Rights Council Resolution 45/8 of 6 October 2020 entitled ‘The human rights to safe drinking water and sanitation, having regard to UN Human Rights Council Resolution 48/13 of 8 October 2021 entitled ‘The human right to a clean, healthy and sustainable environment, as well as having regard to the Universal Declaration of Human Rights, having regard to the International Covenant on Civil and Political Rights, having regard to the International Covenant on Economic, Social and Cultural Rights and the General Comments of the UN Committee on Economic, Social and Cultural Rights, having regard to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities and having regard to the European Pillar of Social Rights, as proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Other considerations include the General Comment No 15 (2002) of the UN Committee on Economic, Social and Cultural Rights on the right to water, having regard to the 1999 UNECE-WHO Protocol to the Water Convention on Water and Health, which provides a framework to translate the human rights to water and sanitation into practice, having regard to the UN Sustainable Development Goals (SDGs), in particular SDG 6 on safe drinking water and sanitation, and the 2030 Agenda for Sustainable Development, having regard to the UN report of 19 March 2019 on the development of the world’s water resources entitled ‘Leaving no one behind’, the report of 16 July 2021 by the Special Rapporteur on the human rights to safe drinking water and sanitation on risks and impacts of the commodification and financialisation of water on the human rights to safe drinking water and sanitation, and to his report of 21 July 2020 on human rights and the privatisation of water and sanitation services and the EU Human Rights Guidelines of 17 June 2019 on Safe Drinking Water and Sanitation among others.
Aside accessibility to water, another issue giving rise to concern gin developing countries especially in Africa, is water grabbing, a situation where powerful actors are able to take control of or reallocate to their own benefits, water resources already used by local communities or feeding aquatic ecosystems on which their livelihoods are based; it involves the distribution of water resources in a way that leaves one or more parties feeling the distribution is less equitable. It also can have damaging environmental effects as watersheds are made unsustainable by overuse of limited water and can have damaging environmental effects as watersheds are made unsustainable by overuse of limited water.
Water grabbing is not new but it has received renewed attention in light of global debates on its effects. One of the efforts to curb the constant effort to privatise water and stop the violation of human fundamental rights gave rise to what is termed the Blue Communities comprising of various bodies collaborating to educate communities and foster local support and engagement while identifying potential Blue communities for consideration.
The Blue Communities project is spearheaded by the Ecumenical Water Network Africa (EWNA) of the World Council of Churches with its headquarters in Ibadan, Nigeria and it became a Blue Community on May 1, 2024 to run programs for voices for water justice in Ghana, Kenya, Nigeria, Sierra Leone, and South Africa, and with a presence additionally in Togo and Gambia.
EWNA recognizes the necessity of putting equitable access to water resources, environmental and climate justice across Africa as a human right and is conscious of need to address the pressing challenges facing water accessibility, constitutional recognition as a human right and environmental threats it faces in Africa especially in the trends of privatization and promote Blue Community initiative as a tool to resist water privatization and retain water as a public good.
The project is built on a project themed “Together for Water Justice,” which it will use to build voices for water justice in the five countries by initiating and promoting Blue Churches and Schools concept, organize ‘Water saves lives’ webinar every quarter to discuss water Justice issues that can dovetail into the United Nations Universal Periodic Review of Human Rights reporting session of the focus countries and demands for water justice and resistance to water privatization among other efforts to ensure human rights are not being violated in terms of water and sanitation.
Blue Community promotes cooperation with public partners so that knowledge and experience remain in the hands and under the control of the citizens and accessible to the general public, that is, the state or local community has ultimate responsibility and ensures control over the water supply, even if it contracts third parties.
Blue rights
The human right to water and sanitation under the UN-Resolution 64/292 which was adopted by the 108th Plenary Session, General Assembly of the UN, on July 28, 2010 where it recognises the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights is now known as the blue right.
Using this declaration, the Blue Communities Ecumenical Water Network Africa calls upon states and international organizations to provide financial resources, capacity-building and technology transfer, through international assistance and cooperation, in particular to developing countries, in order to scale up efforts to provide safe, clean, accessible and affordable drinking water and sanitation for all
It also welcomed the decision by the Human Rights Council to request that the independent expert on human rights obligations related to access to safe drinking water and sanitation submit an annual report to the General Assembly,13 and encourages her to continue working on all aspects of her mandate and, in consultation with all relevant United Nations agencies, funds and programmes, to include in her report to the Assembly, at its sixty-sixth session, the principal challenges related to the realization of the human right to safe and clean drinking water and sanitation and their impact on the achievement of the Millennium Development Goals.
Why water must be free
It has been declared that water and sanitation are a public good and not a commodity. The UN resolution on the human right to water emphasises safe, clean, accessible and affordable drinking water and sanitation for all. Though it noted that there are cost implications and caring for water and water services, including sanitary services involves money, as access to drinking water and sanitation is subject to a tariff, it declared that the tariff must not exclude people from the basic supply of clean and safe drinking water and of sanitation. In extreme cases, where a person has no money at all, the human right to water presupposes that access to water is also guaranteed free of charge.
It held that in no case should the basic supply of safe and clean drinking water depend on bottled water traded at market prices.
It advocates that there should be protection for the source of water and regulation for its use to ensure that usage is not left for the highest bidder because when corporations control water, they control the people. It also asked that water management be made transparent and involves the local governance.
Speaking on water as a right, the coordinator of EWNA, Very Rev. Kolade Fadahunsi stated that “water is a right and not a privilege, adding that the Blue Communities is focused on promoting the human right to water and sanitation and engaging to have it enshrined in the constitution and the laws of every country.
Also speaking, the Executive Director, Renevlyn Development Initiative, Philip Jakpor highlighted that unjust laws and policies that elicit water grab, adding that in Nigeria, such laws include IFC – Lagos Advisory Contract to privatize water – 2013, Environment Law of Lagos State: Law to provide for the Management, Protection and Sustainable Development of the Environment in Lagos State – 2017 and the National Water Resources Bill: to promote all aspects of public-private partnerships in the development of water resources infrastructure – 2018
He added that water can be protected through the right legislation, public funding, advocacy, communal efforts, education and personal efforts.
Prof Jacinta A. Opara, Vice Chancellor of Dominican University, stated that to address these challenges and ensure the sustainability of water resources adding that Nigeria must adopt comprehensive strategies that emphasize preservation and protection, highlighting key approaches as strengthening water policies and regulations to establish and enforce stronger laws governing water use and pollution control.
“The National Water Resources Bill, aimed at ensuring equitable distribution and sustainable management of water, should be expedited for approval and implementation. Local governments must also be empowered to manage water resources effectively. Faith-based organizations, such as the Ecumenical Water Network Africa, are uniquely positioned to advocate for water justice and sustainability. The Church can use its moral authority and wide-reaching influence to promote responsible water use, environmental protection, and equitable water distribution. Religious institutions should partner with civil society organizations, government agencies, and the private sector to support water conservation projects, particularly in underserved communities.
“Through campaigns such as “Water is Life” and other awareness programs, faith-based organizations can help reshape attitudes towards water usage and encourage communities to adopt sustainable practices. Furthermore, the Church’s commitment to social justice aligns with the need to ensure that marginalized and vulnerable groups, especially in rural areas, have access to clean and safe water,” she said.
EWNA said governments must take a human rights-based approach (HRBA) to water and sanitation, adding that states are duty-bearers of providing water and sanitation services to people who are rights-holders.
“Rights-holders can claim their rights and duty-bearers must guarantee the rights to water and sanitation equally and without discrimination and human rights law demands a ‘pro poor’ focus. Duty-bearers must direct their interventions to those most in need, and develop their capacities to fulfill their obligations. A human rights-based approach also creates a framework for rights-holders to participate, and to hold duty-bearers accountable.
This is the time for all barriers to water and sanitation access must be overcome; laws and governance must address all reasons for discrimination including sex, gender, ethnicity, religion, caste, disability, age, health status, and economic status,” Very Revd Fadahunsi stated.
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