Guidelines on the Right to Water in Africa

These Guidelines, adopted by the African Commission on Human and Peoples' Rights, provide a comprehensive framework for the implementation of the right to water in Africa. They outline state obligations to respect, protect, promote, and fulfill the right to water, emphasizing non-discrimination, participation, and accountability. The document addresses water availability, accessibility, affordability, and quality, with special attention to vulnerable groups. It also covers sustainable water…

Adopted during the 26th Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights held from 16 to 30 July 2019, in Banjul, The Gambia

Preface	4
Preamble	6
Definitions	9
Part 1. GENERAL PRINCIPLES	11
1. State sovereignty and communities' responsibility over natural resources	11
2. Principles of indivisibility and interdependence of human rights	11
3. States' obligations to respect, protect, promote and fulfil the right to water	12
4. States' obligation to mobilise resources for the realisation of the right to water	12
5. Principe of non-discrimination and equal access	12
6. Principle of non-retrogression	13
Part 2. A RIGHTS-BASED APPROACH TO WATER MANAGEMENT	15
7. General provision	15
8. Participation	15
9. Access to information	17
10. Accountability	18
11. Sustainability	19
Part 3. SUFFICIENT, SAFE, ACCEPTABLE, PHYSICALLY ACCESSIBLE AND AFFORDABLE WATER FOR PERSONAL AND DOMESTIC USES	21
12. General provisions	21
13. Availability	21
14. Physical accessibility	22
15. Affordability	23
16. Quality and acceptability	24
Part 4. VULNERABLE AND MARGINALIZED GROUPS AND GROUPS WITH SPECIAL WATER NEEDS	26
17. General provisions	26
18. Persons who are homeless and persons living in informal settlements	26
19. Persons living in rural areas and deprived urban areas	26
20. Persons deprived of liberty	27
21. Children	27
22. Women	27
23. Elderly	27
24. People with disabilities	28
25. Refugees, migrants and internally displaced persons	28

Stateless persons and asylum-seekers ... 28
Indigenous peoples ... 28

Part 5. SUSTAINABLE WATER MANAGEMENT ... 29 28. Sustainability and integrated strategies ... 29 29. Human rights impact assessment ... 29 30. Emergency situations ... 31 31. Climate change ... 31 Part 6. PRIVATE ACTORS ... 33 32. Conditions for delegation of water supply services to private entities ... 33 33. Regulation of all other private actors's activities and impact on the right to water ... 35 Part 7. IMPLEMENTATION ... 36 34. General provisions ... 36 35. Regional cooperation in transboundary water management ... 36 36. International cooperation ... 37 37. Dissemination ... 38 38. Training ... 38 39. Reporting to the African Commission ... 38

Preface

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Documents cités dans ce texte

CITE African Charter on Human and Peoples' Rights Noting the role of the African Commission, under Article 45(1)(b) of the African Charter, 'to formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislation'
CITE Resolution 64/292 of the United Nations General Assembly Recalling in that respect the General Comment No.15 of the United Nations Committee on Economic, Social and Cultural Rights on the right to water; Resolutions 64/292 and 70/169 of the United Nations General Assembly and Resolutions 15/9 and 33/10 of the United Nations Human Rights Council recognizin
CITE African Commission's 2010 Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in Africa Recalling the African Commission's 2010 Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in Africa and the 2010 Reporting Guidelines for Economic, Social and Cultural Rights in Africa, and Resolution ACHPR/Res. 300(EXT.OS/XVII) on the Right to Water Obligations
CITE 2010 Reporting Guidelines for Economic, Social and Cultural Rights in Africa Recalling the African Commission's 2010 Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in Africa and the 2010 Reporting Guidelines for Economic, Social and Cultural Rights in Africa, and Resolution ACHPR/Res. 300(EXT.OS/XVII) on the Right to Water Obligations
CITE Resolution ACHPR/Res. 300(EXT.OS/XVII) on the Right to Water Obligations Recalling the African Commission's 2010 Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in Africa and the 2010 Reporting Guidelines for Economic, Social and Cultural Rights in Africa, and Resolution ACHPR/Res. 300(EXT.OS/XVII) on the Right to Water Obligations
CITE African Commission's 2017 State Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter relating to Extractive Industries, Human Rights and the Environment Recalling the African Commission's 2017 State Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter relating to Extractive Industries, Human Rights and the Environment, as they develop the content of people's right over natural resources, including water resources, in Afri
CITE Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa Recalling further the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Afri
CITE Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa Recalling further the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Afri
CITE Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Recalling further the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Afri
CITE Africa Water Vision for 2025 Recalling the Africa Water Vision for 2025, as adopted by the African Union and the Economic Commission for Africa, calling for 'an Africa where there is an equitable and sustainable use and management of water resources for poverty alleviation, socioeconomic development, regional development and th
CITE Africa Water Vision 2025 Recalling further the Africa Water Vision 2025, as it calls for river basins to serve as a basis for regional cooperation and development, and be treated as natural assets for all within such basins
CITE 2002 Senegal River Water Charter Welcoming the 2002 Senegal River Water Charter, the 2008 Niger Basin Water Charter and the 2012 Water Charter for the Lake Chad Basin, explicitly recognizing the right to clean drinking water
CITE 2008 Niger Basin Water Charter Welcoming the 2002 Senegal River Water Charter, the 2008 Niger Basin Water Charter and the 2012 Water Charter for the Lake Chad Basin, explicitly recognizing the right to clean drinking water
CITE 2012 Water Charter for the Lake Chad Basin Welcoming the 2002 Senegal River Water Charter, the 2008 Niger Basin Water Charter and the 2012 Water Charter for the Lake Chad Basin, explicitly recognizing the right to clean drinking water
CITE ACHPR Resolution 224 'Resolution on a human rights-based approach to natural resources governance' ACHPR Resolution 224 'Resolution on a human rights-based approach to natural resources governance'
CITE ACHPR Principles and Guidelines on the implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights ACHPR Principles and Guidelines on the implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights, paras 4-12.
CITE Report of the Special Rapporteur on the question of human rights and extreme poverty, Magdalena Sepúlveda Carmona (2014) UN Doc A/HRC/26/28 Report of the Special Rapporteur on the question of human rights and extreme poverty, Magdalena Sepúlveda Carmona (2014) UN Doc A/HRC/26/28, para 52
CITE ACHPR Principles and Guidelines on the implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights (Nairobi Guidelines) ACHPR Principles and Guidelines on the implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights (Nairobi Guidelines), para 20
CITE UN HRC, 'Report of the Special Rapporteur on the human right to safe drinking water and sanitation: Focus on sustainability in the realisation of the rights to water and sanitation' (2013) UN HRC, 'Report of the Special Rapporteur on the human right to safe drinking water and sanitation: Focus on sustainability in the realisation of the rights to water and sanitation' (2013).
CITE UN Special Rapporteur on the Right to Safe Drinking Water and Sanitation (2016) UN Special Rapporteur on the Right to Safe Drinking Water and Sanitation (2016), para 77 (j)

TABLE OF CONTENTS

Preface