Constitutional provisions for a formal right to water only exist in a few countries. A right to water does not automatically provide people with water. Inequality in access to water persists and poor people mostly bear the consequences. The content and elements of such a right must be rooted in public debate and the creation of relevant institutions. These are highlights from a recent paper from the University of Bradford in the UK [1], which analyses challenges to putting the right to water into practice. It shows that:

• in South Africa, the right to water has been promoted since 1997 but it has not had much impact on the proportion of people with access. It has, however, had some qualitative impact in terms of a diminishing sense of water insecurity.
• in Ethiopia and the Gambia, a formal right to water has not made any impact on the proportion of population with access.
• in Uganda, the right to water has coincided with a significant increase in people with access.
• in Namibia, Eritrea and Tanzania, access has significantly increased, despite a lack of ‘right to water’ legislation.

It is evident that high levels of voice, accountability, guarantees of participation and right to information matter in making water policies favour poor people.

What is meant by a ‘human right to water’ needs to be clarified, and how this is different from a ‘property right to water’ made clear. ‘Right’ is not merely limited to ‘powers’ but includes issues related to immunity, privileges and responsibilities. Rights are of limited use if people cannot take legal action to guarantee them: those who draft right-to-water legislation must identify what a right means in practice.

[1] Anand, P.B. (2007). Right to water and access to water : an assessment. Journal of international development ; vol. 19, no. 4 ; p. 511–526. DOI:10.1002/jid.1386

Related news: Right to water: Italy and Gorbachev campaigning for UN convention on access to water, Source Weekly, 13 Jul 2007

Web sites: Green Cross International - Water Treaty.org; The Right to Water ; WWC – Right to Water

Contact: P.B. Anand, Centre for International Development, University of Bradford, UK, p.b.anand@bradford.ac.uk

Source: Time to articulate the right to water? ID21, 8 Jun 2007

Tags: governance, policies & legislation