The Right to Water as a Human Right - Essay Example

?The Right to Water as a Human Right Introduction Water shortage is a phenomenon that affects as all, from women from certain regions who have to trek for kilometers in search of water to nations battling over international rivers and other water bodies. Recognition of water as a human right will go a long way in enhancing worldwide access to safe and clean water as well as proper sanitation. The achievement of the right to water entails governments guaranteeing all citizens the right to accessible, sufficient, secure, as well as affordable clean water without any form of favoritism. In this paper, I will talk about the issue of water but will specifically on the right to water. The question of this essay is “Should the right to clean water be considered a universal human right? I will discuss on the traditions that provide access to water, pollution of water, as well as the issue of privatization of water. This essay is divided into three sections. The first section addresses the issue of key definitions that relate to the human right to water. In this section, I will also look at the impacts that denial to the right to water can cause as well as the advantages that could arise if water was made an international human right. The second sessions will focus on why I think that making the right to accessibility of safe water a human right would reduce several challenges facing different societies as well as different regions of the world. The third and last section will make a conclusion on the issue of water right as a human right (Hu, 2006). Water is a very crucial necessity for both human as well as other living organisms. The right to water is an issue that has being under discussion for a long time. The primary argument is on whether making the right to access safe water a human right would resolve the extreme water scarcity experienced by people in some regions of the world especially in the Middle East and North Africa particularly the Sahara region. A human right is a law that demands for equal allocation of the resources that are considered crucial for human existence. Water right is thus a water law that insists on suitable distribution of water to ensure that all people irrespective of their social, economic, or political status access safe, adequate, and affordable water (Hodgson, 2006). I will discuss several water rights. The rights include the riparian water rights, use-based water rights, as well as water rights on basis of water bodies’ tenure. Riparian right is water rights based on property ownership. Use- based water rights allots the water rights on the bases of laws of torts that demand that access to water on hierarchical foundation thus all people do not have equal rights to water. The other water right is based on ownership of water bodies for example in Finland where water bodies are privately owned. However, in Finland flowing water bodies cannot be owned privately which is similar to the Roman Water Law. Inability to access sufficient and clean water in some regions of the world can lead to poor people being deprived of water, even drinking water (Hu, 2006; (Scanlon, Cassar, & Nemes, 2004) Traditional Views on the Right to Water Right through history, different societies strive to make the right to access safe water a human right. Traditionally, the right of water was closely related to land ownership. The roman water law conferred the right to water based on the advantage of owning land near water resources. However, the Roman law was against private possession of running water, an aspect that was present in the European legal traditions. In 533-34 AD, the Institute of Justinian publications posited that water alongside air and wildlife was among the things that could not be owned privately by and individual (Bruns, Ringler, & Meinzen-Dick, 2005). River and water were public properties and only the government had the right to prohibit any person or group of persons from accessing the resource. However, seasonal water sources were considered privately owned by those owning the properties adjacent to them. In Europe, the traditions bestowed the freedom to dig wells on private land. However, use of rivers and public fountains was conferred to all (Bruns, Ringler, & Meinzen-Dick, 2005; Hu, 2006). In most Islamic countries water right was a recognized as compulsory right to both animals and human and those people or families had water had to allow people and animals who need it to drink. I think this should be a worldwide view to ensure all benefit from the scarce water or blue gold as referred to by some people (Hu, 2006; Scanlon, Cassar, & Nemes, 2004). In England and North America, the doctrine of “riparianism” emerged which endowed ordinary rights to water usage to persons owning land adjacent to the resource. Nevertheless, the riparian landowner had the right to use the water for other purposes as long as the uses did not impede the rights of the riparian landowners living downstream or upstream (Hu, 2006). Chinese society was based the right to water accessibility on Confucianism and then particularly on matters pertaining to water allocation. Confucius advocated for equal allocation of all resources without any form of favours. I believe that international water rights should be based on Confucianism, to enable access of water by all (Hodgson, 2006). Water Rights in the Contemporary World The world is currently in a crisis over availability of clean water with several people being unable to access clean water as well as appropriate sanitation. The water scarcity has resulted in conflicts particularly amongst nations that share water resources such as rivers. I believe that the numerous conflicts within the Middle East emanate from the water scarcity within the region. A good example is the Israel versus Palestine conflict, triggered by disputes over the Gaza Aquifers as well as the Galilee Sea (Scanlon, Cassar, & Nemes, 2004). Another conflict is the Syria, Iraq, and Turkey clash over the waters of Tigris and Euphrates (Campbell, MacKinnon & Stevens 2010; United States. Cogress. House. Committe, 2011). There are other numerous conflicts over water resources, which have made water inaccessible to some people. It is clear that if mitigation measures such as making water a human right are not enacted, some nations might decide to use the crisis of water shortage as a political weapon. It is thus important that water be made a human right to ensure that all people get to enjoy the scarce resources without any form of discrimination. I think that making water a human right will ensure that all nations have a legal obligation and not to limit each other the right to access clean and safe water. Acknowledgement of water as a human right will in a way prevents or reduces the unenthusiastic wrangles over water (Hodgson, 2006). Water Rights and Pollution of Water Water pollution is a great concern because it has resulted in ruining many water sources such as streams, rivers, lakes, and ponds. Water pollution not only affects surface water but underground water supplies affecting the lives of both animals and people that fully rely on the water for drinking as well living (Hodgson, 2006). Polluting the water is undoubtedly a very simple process that has dire consequences not only on the polluter but also on all those who depend on the source. Major pollutants of water include oil spills from ships as well as oil drillers along the coastlines and deep sea drilling. I think that water pollution is one of the greatest contributors of water scarcity. This is because several nations as well as companies are engaging in water polluting activities and only few are ready to take responsibility resulting in avoidable conflicts (Campbell, MacKinnon & Stevens 2010; UnitedStates.Cogress. House. Committe, 2011). A good example is the move by turkey to use waters from Tigris and Euphrates for extensive agricultural activities as well as hydropower generation. This resulted in dire pollution of water such that downstream users of this water such as Syria and Iraq received inadequate and extremely polluted water. It is thus important that nations avoid water pollution or enact water-cleansing measure in instances when the pollution is inevitable. This can be made possible by making water right to be human rights to obligate answerable use of water (Campbell, MacKinnon & Stevens 2010). The effects of water pollution are infinite and include increased infectious diseases such as diarrhoea, skin irritation, and respiratory illnesses, which are evident and more prevalent in regions with insanitary conditions. Organic compounds such as benzene used in making pesticides have been proved to cause cancer. Some chlorides and lead compounds cause harm to reproductive as well as endocrine system. Arsenic and lead are known to cause damage to the liver and nervous system. Malaria is caused by mosquitoes, which bleed in stagnant water as well as untreated water (Campbell, MacKinnon & Stevens 2010). It is thus clear that water pollution causes water shortage resulting in inter-nation conflicts. In addition, it is a worrying cause of human diseases. I believe that making water rights to be human rights would reduce the water pollution since human right laws will safeguard and enhance responsible water use (Hu, 2006). Privatization of Water I believe that any move to privatize use of water, particularly running water will only result in inter- nation conflicts. This would also lead to poor people being deprived of water, including water for basic domestic uses such as drinking water. This is because water privatization will encourage lawmakers to start trading in water rights, which might make water inaccessible to some people. Trading of water rights authorizes users to make decisions pertaining to water allocation on behalf of the government, which may in turn result in inequitable apportionment of water. In case of running water, privatization might result in additional conflicts since downstream water users might be denied the right to access safe and sufficient water (Campbell, MacKinnon & Stevens 2010). In my opinion, privatization of water could also result in positive impacts such as increased investment in wells, dams, and other infrastructure, which would eventually result in larger supply of water. I think that the move to desalinate water for different uses in many Middle East countries is a good example since most such nations have no access to water since water sources are such as seas are somehow owned by the countries in which they fall. Making the right to water a human right should entail enactment of laws that will ensure that privatization of certain water supplies does not deny some nations or individuals access to clean, safe, sufficient and affordable water (Campbell, MacKinnon & Stevens 2010). Conclusion The question of “Should the right to clean water be considered a universal human right?” is inevitable in the current world due to the water scarcity problem that has resulted in inaccessibility and non-affordability of water by some nations, societies or individuals. I think that the solution to water scarcity lies in making water rights to be human rights which will enhance formulation of water laws that will ensure non-discriminative sharing of water, responsible use of water to reduce pollution, and ensure that nations enact laws that will ensure all citizens access safe, affordable and sufficient water. Desalination or seawaters as well as implementation of projects such as sinking of boreholes could resolve water shortage problems in areas with extreme shortages. Making water right to be human right should be accompanied by enactment of water laws to ensure that pollution is reduced and that actions such as water privatization which may be inevitable in some situations doe not some people the right of access to safe, sufficient and affordable water. References Bruns, B., Ringler, C., & Meinzen-Dick, R. (2005). Water Rights Reform: Lessons for Institutional Design. Washington D.C.: Intl Food Policy Res Inst,. Campbell, P., MacKinnon, A. & Stevens, C. (2010). An Introduction to Global Studies. Oxford: Wiley-Blackwell. Hodgson, S. (2006). Modern water rights. Rome: Food And Agriculture Organization Of The United Nations. Hu, D. (2006). Water Rights: An International And Comparative Study. New York: IWA. Scanlon, J., Cassar, A., & Nemes, N. (2004). Water as a Human Right? Retrieved June 29, 2012, from IUCN Enviromental Law Programme. UnitedStates.Cogress.House.Committe. (2011). Water Rights: Oversight Hearings Before the Subcommittee on Water and Power Resources of the Committee on Resources, House of Representatives, One Hu. BiblioBazaar: South Carolina. Read More