Human Right to Water and National Water Policy-2012: Emerging Issues

Author(s):  
Vinod Shankar Mishra
Water Policy ◽  
2012 ◽  
Vol 15 (1) ◽  
pp. 116-133 ◽  
Author(s):  
Benjamin Mason Meier ◽  
Georgia Lyn Kayser ◽  
Urooj Quezon Amjad ◽  
Jamie Bartram

With water and sanitation vital to the public's health, there have been growing calls to accept water and sanitation as a human right and establish a rights-based framework for water policy. Through the development of international law, policymakers have increasingly specified water and sanitation as independent human rights. In this political development of human rights for water and sanitation, the authors find that the evolution of rights-based water and sanitation policy reached a milestone in the United Nations (UN) General Assembly's 2010 Resolution on the Human Right to Water and Sanitation. By memorializing international political recognition of these interconnected rights and the corresponding obligations of national governments, states provided a normative framework for expanded efforts to realize human rights through water and sanitation policy. Examining the opportunities created by this UN Resolution, this article analyzes the implementation of the human right to water and sanitation through global water governance, national water policy and water and sanitation outcomes. While obstacles remain in the implementation of this right, the authors conclude that the UN Resolution could have lasting benefits for public health.


2011 ◽  
Vol 63 (11) ◽  
pp. 2520-2526
Author(s):  
Deusdedit Kibassa

In Tanzania, the National Water Policy (NAWAPO) of 2002 clearly stipulates that access to water supply and sanitation is a right for every Tanzanian and that cost recovery is the foundation of sustainable service delivery. To meet these demands, water authorities have introduced cost recovery and a water sharing system. The overall objective of this study was to assess the impact of cost recovery and the sharing system on water policy implementation and human rights to water in four villages in the Ileje district. The specific objectives were: (1) to assess the impact of cost recovery and the sharing system on the availability of water to the poor, (2) to assess user willingness to pay for the services provided, (3) to assess community understanding on the issue of water as a human right, (4) to analyse the implications of the results in relation to policies on human rights to water and the effectiveness of the implementation of the national water policy at the grassroots, and (5) to establish the guidelines for water pricing in rural areas. Questionnaires at water demand, water supply, ability and willingness to pay and revenue collection were the basis for data collection. While 36.7% of the population in the district had water supply coverage, more than 73,077 people of the total population of 115,996 still lacked access to clean and safe water and sanitation services in the Ileje district. The country's rural water supply coverage is 49%. Seventy-nine percent of the interviewees in all four villages said that water availability in litres per household per day had decreased mainly due to high water pricing which did not consider the income of villagers. On the other hand, more than 85% of the villagers were not satisfied with the amount they were paying because the services were still poor. On the issue of human rights to water, more than 92% of the villagers know about their right to water and want it exercised by the government. In all four villages, more than 78% of the interviewees are willing to pay for water provided that the tariffs are affordable. Water policy implementation continues slowly: regardless of the fact that more than five years have passed since policy inception, 60% of the villagers in Itumba still have no water services at all. The study shows that government fulfilment of human rights to water has a long way to go, especially in rural areas where people cannot afford to pay for water and some of the villages still depend on water from wells and seasonal rivers.


1998 ◽  
Vol 38 (11) ◽  
pp. 141-148 ◽  
Author(s):  
P. Marjanovic ◽  
M. Miloradov

The new National water policy will change the way water quality is managed in South Africa. The paper considers the water policy and the repercussions it will have for water quality monitoring in South Africa. Using the systems approach the paper discusses an integrated water quality monitoring system for ambient water quality and point and non point sources of aquatic pollution. The proposed methodology makes possible continuos assessment of water quality in an efficient manner so as to support water quality management in South Africa.


Author(s):  
Madeline Baer

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.


Author(s):  
Madeline Baer

Chapter 2 presents the central research questions that drive the theoretical and empirical work of the book, outlines the “moments of social transformation” model used for analyzing human rights realization, and positions the book in relation to theoretical and contemporary policy debates. The chapter synthesizes the literatures on socioeconomic human rights fulfillment and the human right to water and sanitation. It introduces two key elements for implementing human rights: political will and state capacity, as well as some obstacles to rights realization, including lack of strong regulatory frameworks and accountability mechanisms. The chapter explores the tensions between markets and rights, finding that neoliberal approaches to water policy have a negative effect on rights fulfillment by weakening the state’s role, and it engages with critiques that the human rights frame is too narrow and vague to facilitate transformative change in the water sector.


Author(s):  
Madeline Baer

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.


This chapter focuses on legal instruments that take a broad view of water regulation. There are, as yet, no framework statutory instruments at the state or Union level but drafts have been prepared and this chapter reproduces the latest draft National Water Framework Bill. The next section then moves on to water policies that have been adopted at the Union and state level for some years, highlighting here the National Water Policy, 2012. The last section focuses on an upcoming area of water law, inter-sectoral allocation of water, an issue that is not yet well covered in legal instruments. This section highlights some state-level instruments that seek to address the issue.


Water Policy ◽  
2020 ◽  
Vol 22 (5) ◽  
pp. 768-788
Author(s):  
Nitin Bassi ◽  
Guido Schmidt ◽  
Lucia De Stefano

Abstract The main objective of this research paper is to assess the extent to which the concept of water accounting has been applied for water management at the river basin scale in India. For this, the study first assesses the importance given to the use of water accounting for water management in India's national water policy. It then analyses the evolution of water accounting approaches in India through a systematic review of the past research studies on the theme. Further, it looks at their contribution to decision-making concerning allocation of water resources and resolving conflicts over water sharing. Finally, it identifies the existing gaps in the methodologies for water accounting so far used in India.


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