News

HUMAN RIGHTS BASED APPROACH TO LAND & WATER “Safe and clean drinking water and sanitation is a human right essential to the full enjoyment of life and all other human rights, the General Assembly declared today, voicing deep concern that almost 900 million people worldwide do not have access to clean water.” This was a U.N. declaration July 28, 2010 The right to land and water entitles everyone to access suf¬ficient, safe, acceptable, physically accessible and af¬fordable land and water. It holds State authori¬ties accountable for their water and land tenure policy. There are several examples from both eco¬nomically developed and developing nations where the adoption of human rights based approach to water and land by the government has led to direct improve¬ments in the situation of water and land users, especially the poor. Nevertheless, making the right to water and land a reality poses a number of practical challenges both to gov¬ernments and water and land users. More recent is the hu¬man rights perspective on land and water. Ensuring that access to sufficient safe water is recognized as a human right constitutes an important step towards making it a real¬ity for everyone. It means that land and fresh water are legal entitlements, rather than commodities or services pro¬vided on a charitable basis. It helps to focus on the needs of the poorest and most marginalized groups especially in poorer countries by empowering commu¬nities and vulnerable groups to take part in decision making processes by engaging in water and land development with a human rights perspective. National and International development initiatives have long con¬sidered access to water and land as an important factor for development and poverty reduction. There is growing awareness at international, national and local levels and, despite current efforts, the need for water and land rights continues to increase whilst water and land resources are becoming increasingly scarce. In many countries water scarcity is an issue of power, poverty and ine¬quality, rather than of physical availability. Many poor people continue to have no access to safe drinking water or land. Millions of poor people, the majority of whom are children under five, die because of polluted water related reasons. The water and land development sectors needs more resources to increase its performance, in order to reach the targets set by the Millennium Development Goals. These governance prin¬ciples are enshrined in the human rights framework. Moreover, poverty is no longer understood merely as a lack of income, but more broadly as a lack of the ba¬sic capabilities and opportunities, freedoms and rights that are necessary to live life in dignity. Therefore, development is no longer perceived as mere “service delivery”. Its role includes the empow¬erment of rights holders as well as the strengthening of those institutions and stakeholders who have a duty to respond in order to realize basic hu¬man rights. Access to land and water as a human right: The human right to land and water has been recognized by most states as well as by international organizations, NGOs and the business community Right to land and water is a precondition to the enjoyment of other human rights. For example: the right to food: unsafe water consumption and absence of basic sanitation and hygiene undermines the efforts to assure basic nutrition and consequently the right to food. The right to life and the right to health: unsafe water, inadequate sanitation and the lack of basic hygiene are the main causes of infant mortality worldwide. The right to education for all: in many countries fetching water is the task of women and girls. Where there is no easy access to water, girls have to help their mothers with this heavy task. States are required to take steps to the maximum of their available resources so as to progressively achieve the full realization of the right to land and water. Human rights based approach to land and water not only sets out particular rights; it also implies that land and water users have responsibilities, i.e. not to impede others in enjoying their right to land and water: Rights Right to be informed about roles and responsibilities Right to benefit from safe services at an affordable price within a defined area Supply of water in emergency situations Accessible and affordable water sources and public sanitation for the poorest No disconnection of essential levels of supply to poor users To request the assistance of social services whenever required Responsibilities To claim accountability from the authorities Not to waste water and land resources Not to pollute the resources To pay a fair price for the services, incl. fees and taxes To pay the charges for extending services To comply with restrictions in the case of drinking water shortages To cooperate with water services Essential factors in making the human right to land and water a reality In practical terms, a number of factors are required for effective implementation of the human right to land and water. 1. A country/state must have effective laws and insti¬tutions, including a public authority that has a clear mandate and the financial and human resources to implement the human right to land and water. While service providers may be private, public authorities have the responsibility and must have the capacity to set and implement a coher¬ent legislative and contractual framework and monitor the performance of private (and public) service provid¬ers. There should be a monitoring process based on structural, process and outcome indicators. 2. Information and education are cornerstones of the human right to land and water. They are particularly important for transparent and accountable land and water governance. Information and education should be addressed to the general public, especially women, as well as poor and marginalized groups. People need to be aware of their rights and the legal possibilities for enforcement, as well as their responsibilities vis-à-vis other rights-holders. 3. A multi stakeholder dialogue involving the various authorities concerned, the private sector, civil society organizations, and poor and marginalized groups, can contribute to the building of political will and the appro¬priate design of reforms in land and water management, taking into account the various needs and rights of various groups. It can also effectively contribute to making de¬cisions transparent and holding public authorities ac¬countable. At the policy level we can: Emphasize the importance of human rights to land and water in negotiations with national, state and local bodies Use national and regional treaties and policy statements setting out the human right to land and water as a common basis for partnership and political dialogue on national policies and development priorities Support the development of multi stakeholder platforms and/or dialogues giving a voice to the rights holders, particularly to the poor and discriminated segments of the society in the local land and water decision making processes. At the program level we can: Support partner authori¬ties in meeting their core obligations, respecting hu¬man rights principles and overcoming practical chal¬lenges, in particular in raising awareness about the added value of a human rights based approach to land and water governance Build and strength the legal and institutional framework needed for elaborating and implementing adequate legal norms and procedures, defining and delegating concrete tasks and responsibilities for establishing, operating and maintaining services, developing national plans and sector pro¬grams Build the capacity for the management and the delivery of land and water and sanitation services, for governmental or private service providers at the central and/or local level Empower rights holder in invok¬ing their rights and make an active contribution to-wards their fulfillment. Sensitize and educate users on human rights and responsibilities, common misconceptions, entitlements under solidarity and other accountability mechanisms Promote active participation and ownership of water users in the selection, design and implementation of land and water projects Link implementation of grassroots projects at community level to national strategies and programs Promote partnerships with grassroots NGOs experienced in water and sanitation projects and sensitize them to the human rights approach Focus on women and poor, disadvantaged and marginalized groups in land and water projects and programs Build on and strengthen traditional land and water management systems where possible, so as to strengthen community participation. Conclusion The human rights based approach to land and water calls for the prioritization of access to basic land and water services for all, using available resources in a pro-poor manner, in contrast to the current practice where significant new infrastructure constructed with public resources does not benefit the poor. The human rights approach helps to identify situations of discrimination or neglect of marginalized groups, and build the political will to change it. Lack of access to land and water is sometimes a consequence of systematic neglect or even a deliberate choice of state and local authorities, rather than the direct result of poverty. Moreover, by focusing on marginalized groups within the communities, the human rights based approach helps to perceive partner communities and their interests in a more holistic and differentiated manner.

Roland Benson Manager-Program Support, KROSS