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Right to Water

Water Right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each.
In November 2002 the United Nations Committee on Economic, Social and Cultural Rights issued the General Comment No.15 of 2002 which declares water as a human right as follows: “Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights.”

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	A new book on the right to water: What critics should be addressed against the right to water? water and sanitation for all, should not be officially recognized and examines the possible consequences which would arise if such a right was recognized in developed countries mainly. It outlines various arguments against the right to water, assesses their validity and makes suggestions on means to overcome them. The conclusion is that there are no serious obstacles to recognize a right which is so essential for each citizen.
	Actualizing the Right to Water: An Egyptian Perspective for an Action Plan With water being a basic need carrying a high risk of oppression, it may very well be considered a human right. The introduction of water as a human right brings new perspectives and dimensions to the notion of sustainable development. Being an arid country, water management in Egypt is of particular importance for the benefit of all Egyptians. Egypt has successfully developed a national integrated water resources management plan. Egypt's national plan represents a model in integrated planning, reflecting the roles and responsibilities of different water-related sectors and the active participation of water users in O&M. The plan looks at existing and future challenges, the available water resources and at the measures required to face these challenges to meet the expected requirements for safe drinking water, adequate sanitation and improved water resources management. Strengthening the private sector and a carefully considered reduction in government responsibilities are key elements in this plan.
	Documents on "Right to water" in the Middle East, 2008 Foreword Mahmoud Abu-Zeid and Maureen O’Neil 2008 1. Water as a Human Right in the MENA Region: Challenges and Opportunities Asit K. Biswas 2008 2. Human Rights to Water in North Africa and the Middle East: What is New and What is Not; What is Important and What is Not David B. Brooks 2008 3. Right to Water: The Millennium Development Goals and Water in the MENA Region Olli Varis 2008 4. The Right to Water Antonio Embid Irujo 2008 5. Water as a Human Right: The Palestinian Occupied Territories as an Example Abdallah Abu-Eid 2008 6. Water as a Human Right: The Understanding of Water Rights in Palestine Simone Klawitter 2008 7. Water as a Human Right: Towards Civil Society Globalization Odeh al Jayyousi 2008 8. Actualizing the Right to Water: An Egyptian Perspective for an Action Plan Shaden Abdel-Gawad 2008 9. Accountability and Rights in Right-based Approaches for Local Water Governance Peter Laban 2008 10. Towards a Human Rights Approach to Water in Lebanon: Implementation beyond ‘Reform’ Karim Makdisi 2008
	France recognized the right to water The French Senate has adopted the following amendement to the French water bill: " chaque personne physique, pour son alimentation et son hygiène, a droit d'accéder à l'eau potable à des conditions économiquement supportables".
	How to reallocate water rights when environmental goals conflict with existing entitlements An article of Sophie Thoyer, published in the International Journal of Sustainable Development 2006 - Vol. 9, No.2 pp. 122 - 137 Abstract: Emerging concerns for environmental flows translate into reforms that aim to preserve minimal flows in rivers. These policy measures have consequences for traditional right-holders: how to share between consumptive users the new scarcity created by the protection of instream flows? This paper compares different policy mechanisms in France, Australia and California in an attempt to answer the questions of how to allocate water restrictions and compensations and how to pursue simultaneously efficiency, equity and acceptability objectives. It measures the shortcomings and advantages of different voluntary approaches: auctions, contracts and negotiations.
	Human rights council treats right to water issue, and France includes it in its new water law Numerous States in Human rights council were united to ask the High commissioner for human rights to prepare a "detailed study on the reach and the content of the pertinent obligations related to the human rights that concern the equitable access to drinking water and sanitation" to be presented to this Council before September of 2007. The approval of this decision by the new Council of human rights constitutes a very positive step towards the international recognition of the right to drinking water like right protected by the international Pact relative to the economic, social and cultural rights. On the other hand, the right to water appears in head of the new French water law. The adopted text is: "Each physical person, for her feeding and its hygiene, has the right to access to drinking water in economically acceptable conditions by all".
	JREDS launches Second Phase of Right to Water Project Under the patronage of H.E. Eng. Khalid Al-Irani, Jordanian Minister of Environment, The Royal Marine Conservation Society of Jordan (JREDS) launched the second phase of the Right to Water project. This project is funded by Heinrich BÖll Foundation (HBF), and aims at empowering the young leaders in the Right to Water topic and provide them with the needed skills to train others and act as a multiple factor effect.
	Manual on the Right to Water and Sanitation
	Report on right to water and sanitation in Gaza
	Right to Water at CEDHA website CEDHA's (Centre for Human Rights and Environment) Right to Water Initiative's principal objective is to improve sustainable access to water through the use of law.
	Right to Water at the website of the Office of the United Nations High commissioner for Human Rights
	Right to Water in WIKIPEDIA
	Right to water and the UK The UK was always fighting official recognition of the right to water and now changed its position. The example of the UK is worth considering: they have a social tariff for water, prohibit meters with prepayment and water disconnections and they have been able to select a level of water expenditure not to be exceeded (3% of households expenditure). Few countries are as advanced in practice. Therefore, the UK has decided to recognise the human right to water, International Development Secretary Hilary Benn has announced. Responding to the UN Human Development Report on water and sanitation published last November 9th, Benn has called for a Global Action Plan on water and sanitation.
	Right to water by "Food & Water Watch" Food & Water Watch is a nonprofit consumer rights organization that challenges the corporate control and abuse of our food and water resources.
	Right to water: Human Rights Council requests study on equitable access
	The International Association for Water Law (AIDA) Dominique Michel Alhéritière, LL.D, Chairman AIDA via Marmenia 30 Roma, RM 00178 Italia Ph: +39-3277333887 www.aida-waterlaw.org P.S: AIDA was established in 1967 with a view to promoting sound local, national, and international water legislation and administration. It has consultative status with UN/ECOSOC, FAO, UNESCO, and WHO.
	The Netherlands supports officially the right to water - The Prince of Orange brings his support to the right to water Maxime Verhagen - Minister of Foreign Affairs, The Netherlands stated on 3d March at the Humlan rights Council : “For people to live their lives in dignity, it is important to fulfil not only their civil and political rights, but also their economic, social and cultural rights. President Roosevelt rightly included ‘freedom from want’ among his famous four freedoms. In that sense, I am proud to announce here today that the Netherlands will join the group of countries who have recognised the right to water as a human right. Merely recognising the right to water as a human right will not solve this pressing issue, but I am certain that it is a powerful incentive to increase access to water for the poor. I hope the Human Rights Council will reach a clear consensus that the right to water is indeed a human right, so that we can all make visible progress on this important issue.” The Prince of Orange brings his support to the right to water On World Water Day 2008, in Geneva Prince of Orange stated : “Recognition of the right to water is helpful because it focuses interventions on the poorest and most vulnerable people, combats discrimination against and exclusion of certain groups and encourages people to stand up for their rights. I sincerely hope that the Human Rights Council will soon reach a clear consensus on the right to water and sanitation, but recognition of that right is not enough. It is a first step towards more commitment, more money and more action.”
	The Right to Water : An Overview of the Indian Legal Regime A plethora of constitutional and legal provisions govern the availability and distribution and control of water. The Constitution of India recognizes the essential tenet of equal access to water. Article 15(2) of the Constitution explicitly states that no citizen shall ‘on grounds only of religion, race, caste, sex, place of birth or any of them’ be subject to any disability, liability, restriction or condition with regard to ‘the use of wells, tanks, bathing ghats.’8 Article 21 which speaks of the right to life9 has been liberally interpreted by the Indian Supreme Court to include all facets of life. The directive principles of state policy (DPSP), which the Constitution in Article 37 declares to be non-justiciable,10 recognizes the principle of equal access to the material resources of the community. Article 39 (b) mandates that ‘the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.’
	The right of access to drinking water and sanitation (Report subimitted by the International Council on Environmental Law, ICEL)
	The right to water This website, launched on Human Rights Day 2003, has been established by WaterAid and Rights and Humanity, in cooperation with FAN, as part of our contribution to the International Year of Freshwater 2003. Its aims are to: - Provide information on relevant policy commitments and explain the concepts and theories of human rights law with respect to the right to water. - Disseminate General Comment No 15 adopted by the UN Committee on Economic, Socialand Cultural Rights confirming and interpreting the right to water. - Promote the use of the right to water as a tool for community empowerment, advocacy and legal redress.
	The right to water (a publication of WHO) This publication outlines the scope and content of the legal definition of the human right to water and its relationship to other civil, cultural, economic, political, and social rights; Discusses the right to water as a human right, and examines its implications on the roles and responsibilities of various stakeholders; Examines the various communities affecting and being affected by the right to water; Considers the contribution the right to water can and should make towards making drinking-water a reality for all; Explores a human rights-based approach to water.
	The right to water at the 4th World Water Forum in Mexico, 13/4/2006 This report describes how the 4th World Water Forum dealt with the right to water, a topic hotly debated but not referred to in the Ministerial Declaration. However, all other groups represented in Mexico expressed themselves in favour of such a fundamental right.
	The right to water in Kosovo
	The right to water in national legislations
	The right to water: From Concept to Implementation Céline DUBREUIL - The Right to Water: from concept to implementation, World Water Council. 2006. Copyright © World Water Council, 2006 / ISBN: 92-95017-11-0
	Top UN Leader Calls for Creation of the Right to Water United Nations General Assembly President, Miguel d'Escoto Brockmann, called on countries to establish the right to water for their people on the 60th anniversary of the Universal Declaration of Human Rights. This historic call is being met with praise from Maude Barlow, a leading water rights advocate and expert. "We should recognize that the right to water is a human right, and water cannot therefore be treated as a commodity that is bought and sold," said President d'Escoto Brockmann in his speech. "The right to water should unite us in building a new model of sustainable human development." "President d'Ecoto Brockmann's endorsement of water as a human right is a call to action," says Maude Barlow, National Board Chair of Food & Water Watch and newly appointed Senior Advisor on Water Issues to President d'Escoto Brockmann. "This is a wonderful opportunity to advance a more democratic and transparent method of policy making around water at the global level than now exists. Without water there is no life, water is a public good, and a human right." But everyday the human right to water is violated. Every 8 seconds a child dies from drinking dirty water. The right to water means that states have three key obligations to protect this right for their people: To respect that right the state must refrain from any action or policy that interferes with the enjoyment of the human right. Prevent third parties from interfering with the enjoyment of the human right. To fulfill that basic right requires the state to take measures to ensure the realization and the protection of this right. To protect the right to water, governments must adopt measures to restrain practices that deny equal access to water, pollute source water, or unsustainably extract water resources. "There can be no human right to water without clean, available fresh water in the first place and we are dangerously in peril as a planet of losing this life and death resource," said Barlow. A right to water covenant would make both state obligations and violations more visible to citizens. Within a year of ratification, states would be expected to put in place a plan of action, with targets, policies, indicators, and timeframes to achieve the realization of this right. As well, states would have to amend domestic law to comply with the new rights. In many cases, this will include constitutional amendments. Some form of monitoring of the new rights would also be established and the needs of marginalized groups, such as women and indigenous peoples, would need to be addressed. In a speech before the U.N. General Assembly yesterday, Barlow called on members to commit to the establishment of the right to water, "In remembrance of all those who fought so hard to create the 1948 Universal Declaration of Human Rights, to a water secure future for all based on the principles of water protection and watershed renewal, equity and justice, and the right of all living things to water for life." President d'Escoto Brockmann's speech can be read in full at: here. Read more here about what the "Right to Water," really means for billions of the world's poorest people.
	UN Human Rights Council creates Independent Expert on the human right to water and sanitation On 28 March 2008, the UN Human Rights Council, the primary United Nations body for human rights issues, adopted by consensus a resolution sponsored by Germany and Spain, with over 40 co-sponsors, on ‘Human Rights and access to safe drinking water and sanitation.’ Through this resolution, the Council established a new ‘Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation.’ The Independent Expert will work for 3 years on two primary tasks. First, to identify, promote and exchange on best practices related to access to safe drinking water and sanitation, and, in that regard, to prepare a compendium of best practices; and second, to carry out further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation. For more information on the legal basis of the right to water and sanitation, see: ‘The Human Right to Water and Sanitation: Legal basis, Practical Rationale and Definition’ available in English at www.cohre.org/water > Resources and Articles).
	UN Human Rights Council moves forward on the right to water and sanitation On 28 February 2008, the UN Human Rights Council, the primary United Nations body for human rights issues adopted by consensus a resolution on 'Human Rights and access to safe drinking water and sanitation.' Through this resolution, the Council established a new 'Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation.' The Independent Expert will work for 3 years on two primary tasks. First, to identify, promote and exchange on best practices related to access to safe drinking water and sanitation, and, in that regard, to prepare a compendium of best practices; and second, to carry out further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation. The Human Rights Council also made an important legal statement: "Emphasizing that international human rights law instruments, including the Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Right of the Child, entail obligations in relation to access to safe drinking water and sanitation." This statement clearly indicates that all governments are bound by human rights obligations to ensure access to safe drinking water and sanitation for all. The resolution is available at www.cohre.org/water (>New Developments) or from the web-site of the Office <http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_7_L_16.doc> of the High Commissioner for Human rights. The resolution was not as strong as it might have been, as it did not explicitly refer to the 'right to water and sanitation.' This is more relevant as a political rather than legal matter, since human rights obligations of governments to ensure access to water and sanitation imply a corresponding right of individuals to water and sanitation. In informal sessions on this resolution attended by government and NGOs, Canada and the United States requested removal of explicit references to the right to water and sanitation. The United Kingdom expressed its support for the right to water, but stated that it did not recognise the right to sanitation. A number of other countries expressed concerns with the particular formulation used to describe the right, but did not request its removal. Given that only one country - Canada - has thus far voted against references to the right to water and sanitation, it is likely that a resolution containing explicit references to the right to water and sanitation would have been adopted by the Council with a strong majority in favour. However, in order to maintain consensus, the sponsors of the resolution decided not to include references to the 'right to water and sanitation' in the resolution. It is unfortunate that a small number of States are attempting to move away from previous statements in which they had recognised access to water and sanitation as a right. At two UN world conferences, the International Conference on Population and Development, Cairo, 1994 (in which 177 States participated) and the Second United Nations Conference on Human Settlements (Habitat II), Istanbul, 1996 (in which 171 States participated), the community of States - including Canada, the United States of America, the United Kingdom - unanimously adopted international declarations which stated that the right to an adequate standard of living includes water and sanitation, in addition to food, clothing and housing. The Mar del Plata Declaration of the UN Water Conference, 1977 also recognised the right to water. The 118 members of the Non-Aligned Movement and the 43 members of the Council of the Europe recognised the right to water respectively in 2006 and 2001. The Asia-Pacific Water Forum, composed of 37 Asian countries recognised the right to drinking water and sanitation in 2007. (For more information see the COHRE position paper: 'The Human Right to Water and Sanitation: Legal basis, Practical Rationale and Definition' available at www.cohre.org/water > Resources and Articles). Although the Council did not proceed as far as it could have, its creation of an Independent Expert mechanism and clear recognition of human rights obligations relating to water and sanitation are important breakthroughs. The resolution firmly places the right to water and sanitation on the Council agenda. The sponsors and the more than 40 co-sponsors of the resolution should be congratulated for their contributions to the success of this important initiative. The Council will address this topic again at its 10th session in 2009. Several human rights and development NGOs will be advocating for the UN Human Rights Council to explicitly refer to the 'right to water and sanitation' as a right contained within the International Covenant on Economic, Social and Cultural Rights. It will be necessary to engage with governments in order to allay their concerns about the implications of the right to water and sanitation (see for example, a response to the Canadian government's position on the right to water and sanitation, available at www.cohre.org/water > New Developments). COHRE and the Ecumenical Water Network will also establish a distribution list to keep interested NGOs, academics and national human rights institutions informed of progress on this Council initiative. Messages will be limited to once or twice a month, and weekly during the Human Rights Council sessions. If you would like to be added to this distribution list, please send a message to Maike Gorsboth (mgo@wcc-coe.org), indicating your name, organisation and country.
	WATER AS A HUMAN RIGHT FOR THE MIDDLE EAST AND NORTH AFRICA
	Water Law Reforms - Analysis of Recent Developments This article is divided in four main sections. The first section focuses on some of the principles underpinning water sector reforms that have been highlighted in existing national and international policy documents. This provides the conceptual background to understand the legislative changes introduced in the section. The latter section focuses on a limited number of regulatory changes that have been proposed in recent years to put the water law framework in line with proposed policy initiatives. The third section provides a general analysis of the law and policy changes that have been introduced. The last section provides some pointers for moving beyond existing reforms with a view to correct some of the perceived shortcoming of existing water law reforms.
	Water as a human right for the Middle East and North Africa Access to safe drinking water and proper sanitation is essential for human survival and for maintenance of a decent quality of life. Currently, more than a billion people do not have access to safe drinking water and more than 2 billion people lack proper sanitation. In 1992, the United Nations proclaimed that water should be considered to be a human right. This position, however, has not been accepted by many developed and developing countries. This book systematically and comprehensively analyses the legal development of the concept of water as a human right: Implications for national governments, and international and national organisations. Progress made on this front in different Middle East and North African countries. Obstacles to universal access to water-related services and how they can be overcome. THE EDITORS Asit K. Biswas is President of the Third World Centre for Water Management, Atizapan, Mexico. Eglal Rached is Regional Director of the International Development Research Centre, Cairo. Cecilia Tortajada is the Scientific Director of the International Centre for Water, Zaragoza, Spain and President, International Water Resources Association.
	Water as a human right: The understanding of water in the Arab countries of the Middle East - A four country analysis By Karen Assaf, Bayoumi Attia, Ali Darwish, Batir Wardam and Simone Klawitter, Global Issue Papers, No. 11. September 2004.
	Water rights: The Economist’s take on the water sector Water does not feature often in The Economist, the world's leading financial and political magazine. So it is perhaps a sign of the times that the World Water Forum in Istanbul triggered a leader as well as a long article [http://www.irc.nl/url/32573] in their April 11 edition. The headline on their leading (opinion) article shows their take on the water sector. * "Water rights: Awash in waste. Tradable usage rights are a good tool for tackling the world's water problems", as leader. Two global trends The Economist article notes the way that water shortages are having political impact in various countries, and notes that two global trends have added to accelerating pressure on the world's water resources. The first is demography. Over the past 50 years, as the world's population rose from 3 billion to 6.5 billion, water use roughly trebled. The second, argues The Economist, is the shift from vegetarian diets to meaty ones - which contributed to the food-price rise of 2007-08 and has big implications for water, too. The Economist makes a number of observations that are known to people in the sector, but which still do not sufficiently influence policy: * Water is rarely priced in ways that reflect supply and demand. * Basic information about who uses how much water is lacking. * The governance of water is also a mess. Until recently, few poor countries treated it as a scarce resource, nor did they think about how it would affect their development projects. They took it for granted. * Alongside this insouciance goes a Balkanised decision-making process, with numerous overlapping authorities responsible for different watersheds, sanitation plants and irrigation. * Not surprisingly, investment in water has been patchy and neglected. Aid to developing countries for water was flat in real terms between 1990 and 2005. Unsurprisingly, perhaps, The Economist sees the way forward in terms of economic systems and claims that business is showing the way. "Big drinks companies such as Coca Cola have set themselves targets to reduce the amount of water they use in making their products." (Perhaps it would have rounded the article to reflect on the fact that Coca Cola has suffered much adverse publicity worldwide and especially in south-east Asia because of its perceived overuse of water, to the detriment of local communities.) Politics, water and rights In its opinion piece, The Economist wants no part of the "water is a human right" argument, preferring instead a concept of "usage rights" that would be traded by farmers and businesses. "In many places water is becoming scarcer. Treating it as a right makes the scarcity worse. Some of the world's great rivers no longer reach the sea. In many cities water is rationed. Droughts and floods are becoming more extreme. These problems demand policies. Ideally, efficient water use would be encouraged by charging for it, but attempts to do so have mostly proved politically impossible. A more practicable alternative is a system of tradable water-usage rights." "Usage rights have flaws. At first, they confirm existing patterns of use that are often inefficient. Farmers can cheat, as Australians have found. They are, at most, a good start. But they would be better than what exists now, which is sporadic rationing and the threat of a giant crisis." Collective answer from the sector? Economist articles are always sharp and there is no doubt that this edition makes some telling points, which sector insiders have also made over recent years. However, the 66 comments from readers reflect the lack of consensus over how to protect, share and finance water services. Amongst the comments are the following: "Charge consumers in the world's cities for what they really use. Its high time the urban populations of the USA and the UK had water meters installed. In particular in California and the South-East. And the same should apply to farmers." "The right to water is a human right that should not be controlled or taxed by government. What the government should do, instead of limiting our use of it, is to promote technology that will help us recapture it and stimulate the economy. We don't need to pay anyone to tell us to use less." "Commodifying water does not make it more available - it means that it is only available to those that can afford it. And nature, which cannot 'buy' water, goes without?" "The way to reconcile the human right to water with water as commodity is to have ‘some for free, and pay for more'." "A slippery slope for the vast majority of the world when The Economist (with its excellent writing) can convince the uneducated poor that water is not a right. No problem for the lard-asses of the west who feel it their god given right to eat meat at least three times a day..." "For people and other animals, air, water, and food are necessities, not rights." "The water issue, for once, should be a technology issue than anything else .... As soon as the situation got worse enough, human beings will learn how to make water out of sea (unlimited supply) and solar energy (again unlimited supply). "Water is not a commodity - a fungible, readily deliverable resource. It must be viewed as a natural and national heritage, owned by all. Water trading in Australia has enabled us irrigators to buy up 'sleeper' and 'dozer' licences, and use water that hadn't been utilised for decades." The leader triggered 41 comments. Here is one that sums up part of the discussion: "This is an understandable position when - water - is viewed solely as a "commodity" for sale to the highest bidder. When water is viewed as part of the "commons" tradable usage rights no longer appear as a "good-tool" for tackling the world's water problems. In the final analysis it becomes one of perspective and perception...?" Argument, anger, confusion - The Economist article, leader and responses show the way that the water issue raises ethical, political, technological, managerial and scientific questions. Can the water sector come up with a collective answer? Source is playing its part and remains willing to contribute. Submit your views by e-mail to the editor: Dick de Jong mailto:jong@irc.nl
	مفهوم الحق في المياه في الإطار الأردني تمت صياغة معظم الاستراتيجيات والسياسات التي تحكم إدارة المياه في الأردن في العام 1997 حيث تم تطوير خمس سياسات قطاعية واستراتيجة مائية لا تزال معتمدة حتى الآن مع بعض التعديلات الطفيفة، كما تم تطوير التشريعات الخاصة بوادي الأردن عام 2002 وتم إدخال تسعير مياه الري من الآبار الجوفية على المزارعين في العام 2002 أيضا. وبالتالي فإن مبادئ الحق في المياه كما تضمنها إعلان الأمم المتحدة غير موجودة في التشريعات والسياسات المائية الأردنية كمصدر معرفي أو معياري، وفي الواقع فإن الإعلان نفسه غير معروف على نطاق صانعي السياسات المائية في الأردن كما يتبين من منشورات وزارة المياه وتصريحات صانعي القرار بالإضافة إلى أوراق العمل والدراسات التي تم إعدادها من قبل خبراء وزارة المياه ومعظم المؤسسات الوطنية في العامين 2005 و 2006 والتي يفترض أن تعكس أحدث أنواع المعرفة لدى هؤلاء الخبراء والمختصين.

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