Skip to main content

Although national and international policy statements frequently contain references to the importance of basic water supply and sanitation for all people, the reality is that the water and sanitation needs of the poor are neglected and barely supported by

TitleWater law and the right to a basic water supply
Publication TypeJournal Article
Year of Publication1998
AuthorsHowsam, P
Paginationp. 4-7 : 1 box, 4 photogr.
Date Published1998-01-01
PublisherIT Publications
Place PublishedLondon, UK
Keywordslegislation, safe water supply, sdipol, water rights
Abstract

Although national and international policy statements frequently contain references to the importance of basic water supply and sanitation for all people, the reality is that the water and sanitation needs of the poor are neglected and barely supported by existing legislation. Policy declarations promoting the priority of basic human water needs are often not supported by effective implementation, even though such needs are only a small proportion of total water use and could be financially resourced. Despite worthy policy objectives, at the start of the 1980's 1.8 billion people lacked a safe and adequate water supply and ten years later, 1.4 billion were in the same position. This article stresses that at the global level of financial resources, the cost of ensuring basic water needs could be easily met if the political will existed; however, in practice, economic development and the environment dominate water policy strategies to the detriment of basic individual needs. A review of literature reveals confusion over the meaning of water rights which in most cases are related to ownership of land or are not specifically referred to at all in human rights definitions. The article points out the neglect of water rights and water laws in relation to community water supply provision. Examples are given of South Africa, where the new Constitution focuses heavily on basic individual human rights including water, and India, where, by contrast, all existing water rights were abolished in 1975 in favour of state control. The article calls for a new definition of water rights, and for individual water rights to be formally recognized as one of the most fundamental of basic human rights. It stresses that water law will have to address the issue of the cost of providing or gaining access to basic water needs and ensure that basic domestic water is not valued in the same way as water used for economic purposes.

Custom 1202.4, 202.3

Disclaimer

The copyright of the documents on this site remains with the original publishers. The documents may therefore not be redistributed commercially without the permission of the original publishers.

Back to
the top