On July 28, 2010, the UN General Assembly declared that "the right to drinking water and sanitation was essential for the full enjoyment of life."
The resolution was introduced by Bolivia, and was co-sponsored by 39 countries.1 There were 122 states in favor, 0 opposed and 41 abstentions.
This declaration by the general assembly is an important step towards the recognition of the right to water and sanitation, and will strengthen the rights already established in General Comment 15 on the right to water. General Comment 15 is an authoritative interpretation of the International Covenant on Economic, Social and Cultural Rights, ratified by 160 States.
Interpreting the Covenant, the UN Committee on Economic, Social and Cultural Rights clarified (in 2002) that the use of the word “including”2 indicates that the right to an adequate standard of living is not limited to food, clothing and housing. It indicated that the right to water is also included within the right to an adequate standard of living since water is fundamental for survival. Since 2002, when the general comment was adopted, a large number of states have accepted the view elaborated in General Comment 15 that the right to water is legally binding. However, a few countries led by the United States have so far prevented the recognition of right to water in UN bodies such as the Human Rights Council and General Assembly, which operate by consensus.3
Yesterday's unanimous declaration by the UN General Assembly will give a boost to those governments that have made an effort to recognize water as a basic right, and to other multilateral efforts to promote the realization of right to water and sanitation.
This is indeed a huge step forward.
However there is much more to be done. The first step, of course, is to make the right to drinking water and sanitation a reality. This is particularly true for rural areas where 84 percent of water poor live.4 While the resource requirements for meeting the drinking water needs of 884 million people and sanitation related water needs of 2.6 billion people are well within the collective means of our 21st-century world, water remains a mirage for the water-poor. A commitment to help realize the right to water on the part of the rich governments of the world could help save the lives of 1.5 million children under age five who would otherwise die from water-related illnesses. To help meet Millennium Development Goals on water (to halve the number of water poor by 2015) poorer countries need a mere $18.4 billion annually, which they are hard pressed to raise. Yet we have seen that bank bail-outs of much higher magnitude come about easily.5
Equally important is recognizing that the realization of several other rights, such as right to food and right to livelihood, is contingent on reliable access to water. This is especially true in the case of the large number of rural people who are directly dependent on land-based activities such as agriculture, animal grazing and other related activities for meeting their food needs. Climate change is already impacting and will continue to impact these peoples’ food security. Ensuring clean water to help them realize their right to livelihood is of utmost importance.
At the moment, it is commendable that the declaration acknowledges "the importance of equitable, safe and clean drinking water and sanitation as an integral component of the realization of all human rights."
A universal recognition that extends this by acknowledging "the importance of equitable, clean water as an integral component towards the realization of all human rights, especially right to food, and right to livelihood" would be of additional help, especially in the changed context of climate crisis.
1. Angola, Antigua and Barbuda, Azerbaijan, Bahrain, Bangladesh, Benin, The Plurinational State of Bolivia, Burundi, Central African Republic, Congo, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Eritrea, Fiji, Georgia, Guinea, Haiti, Madagascar, Maldives, Mauritius, Nicaragua, Nigeria, Paraguay, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Serbia, Seychelles, The Solomon Islands, Sri Lanka, Tuvalu, Uruguay, Vanuatu, The Bolivarian Republic of Venezuela, and Yemen
2. In Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights, States parties “recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing...”
3. Afshaq Khan, e-mail communication, July 2010.
4. World Bank: Global Monitoring Report 2010, The MDGs after the Crisis, http://siteresources.worldbank.org/INTGLOMONREP2010/Resources/6911301-1271698910928/GMR2010WEB.pdf
5. http://www.alertnet.org/thenews/newsdesk/IRIN/767d200266c1ab5956e7148ad2f52b03.htm
