The process by which the right to water has been implemented at national levels has been diverse, indicating that there is no single way to translate General Comment 15 into national legislation and policy. Much of the legislation and policies that have developed from the recognition of the right to water have focused on extending coverage to disadvantaged groups and creating water services that are affordable for all. Three examples are given below to illustrate different models adopted.

Belgium

The Belgian Constitution protects economic, social and cultural rights which have been interpreted by the Constitutional Court as including the the right to water. This corresponds to a grassroots evolution in public opinion and in civil society in Belgium which proves to be strongly in favour of a right to water. In 2001-2002, the three regional governments and parliaments as well as 120,000 people signed up to a "Water Manifest" or "Manifeste de l'eau". This called for water to be considered as the common heritage of humankind, with guaranteed access to water for present and future generations. In April 2005 the Belgian federal government adopted a "water resolution" which recognised access to safe water as a human right and called for it to be specifically included in the Belgian Constitution.

In Belgium, the responsibility for drinking water supply is assigned to the municipal authorities. Co-operation between the municipalities has led to the establishment of inter-municipal drinking water companies. Each of the three regions in Belgium - Flanders, Wallonia and Brussels have laws establishing the right of access to water and have social tariffs in relation to water supply and sanitation. Sanitation is mandatory in urban areas. VAT is at reduced rate for water supply and does not apply to sanitation.

Flanders

Flanders uses a scheme which provides 15 cubic metres of free water per person per annum (an amount based on the World Health Organisation's recommendations). Water unit price above this 15m3 minimum amount is constant. All persons, except the poorest ones (those living on a Minimum Subsistence Level), have to pay a sanitation tax. Flanders has introduced the obligation to store rain water in order to decrease water consumption.

Wallonia

In Wallonia, the 'Environment Code' in its basic principles states that: "Each person has the right to dispose of a drinking water of quality and in sufficient quantity for its nutrition, its household needs and its health".

Wallonia has opted for a system of progressive tariffs to ensure that water is affordable to the poor. The tariff structure sets the first 30 cubic metres consumed by every household per year at lower rate, which is offset by the higher unit price for large scale water consumption.

In addition, the Wallonia government has introduced a "Social Fund for Water" this protects poorer users' access to water, by providing financial support to those who are unable to meet their payments. The fund is financed by a levy of 0.0125 Euro per cubic metre of billed public water supply. According to government figures, in 2004 0.5% of the total number of households where entitled to this financial support, receiving on average 132 Euro.

In 2006, the principle of extending water solidarity to the international level was announced by the Walloon Minister of Environment during the fourth World Water Forum in Mexico. The Walloon Region is now in the process of adopting legislation which creates a tax of 0.0125 EURO per m3 to provide assistance for water projects in selected developing countries.

Brussels-Capital Region

In the Brussels-Capital Region, legislation recognises the right to the distribution of drinking water for household consumption. An innovative progressive water pricing is based on three blocks of water consumption per person, followed by a fourth open block (above 60 m3 per person per year) at a much higher price. In addition, there is a sanitation tax which is reimbursed to poor people.

Brussels has also created a social fund for water, financed by a tax of 0.01 EURO per m3. Water disconnection in case of non payment is subject to proper information of welfare centres and prior approval by a court. Schools receive a free allocation of water (one litre per day per pupil).

Sources: Access to water as a basic human right, different ways to fulfil this vital commitment, the case of Belgium and its Regions, Bart Ouvry, Deputy Permanent Representative of Belgium to the United Nations, Speaking notes for the UNECE Roundtable on the Human Right to Water and the Protocol on Water and Health, Geneva, January 2007

South Africa

Background

The Republic of South Africa has recognised water as a fundamental human right in the Bill of Rights of the Constitution of South Africa, 1996. The Constitution assigned local governments the responsibility of providing access to water and sanitation services to all. A range of municipal legislation has been developed and implemented since 1994 to transform the local government. However, in the absence of fully developed local government structures, the Department of Water Affairs and Forestry (DWAF) was mandated to ensure that all South Africans have equitable access to water and sanitation services where local government was unable to carry out this mandate.

Targets were set to eliminate the backlog over a ten year period; to provide each individual with at least 25 litres of water per day within 200 metres of their home; and, to provide each household with basic sanitation in the form of at least a Ventilated Improved Pit (VIP) latrine.

The country has adopted a Vision for Water, Life and the Environment in the 21st Century. This envisages a South Africa where there is equitable and sustainable planning, use, development and management of water resources for poverty alleviation, local and national socio-economic development, regional co-operation and integration, and the environment.

Implementation of the right to water adopted in the South African Constitution, has led to the adoption of three fundamental principles to guide water management. These are to achieve:

• Equitable access to water
• Sustainable use of water by making progressive adjustments to water use with the objective of striking a balance between water availability and legitimate water requirements, and by implementing measures to protect water resources
• Efficient and effective water use for optimum social and economic benefit

The Government regards water as an indivisible national asset. The Government commits itself to acting as the custodian of the nation's water resources and to exercising its powers in this regard as a public trust. It has adopted an integrated water resources management model in order to achieve these objectives.

Water required to meet basic human needs and to maintain environmental sustainability is guaranteed as a right, whilst water use for all other purposes is subject to a system of administrative authorisations.

The decentralised regional and local institutions are being established with appropriate community, racial and gender representation to enable all interested persons to participate. Implementation of the policy is fundamentally changing the ways in which South Africa's water resources are managed.

The Primary source of funding for water and sanitation is local taxes, supplemented by national grants. Municipal Infrastructure Grants cover basic services for the poor and Capacity Building Grants assist with the development of Municipal infrastructure and capacity.

Free Basic Water Policy

Considerable progress was made in addressing the levels of under-servicing during the period 1994-2001, but problems remained. In 2001, the South African government established it Free Basic Water policy to ensure equitable access to water. The policy stipulates that households are entitled up to 6,000 litres of clean water every month at no cost. Those who use more than the stipulated volume must pay for the additional amounts. The calculation of free water is based on an assumed household unit containing eight members, providing each person with 25 litres of water per day. This falls inline with the WHO's recommendation that each individual needs a minimum of 20 - 50 litres of water per day for personal use.

The South African Department of Water Affairs and Forestry reports that by March 2007, 75.81% of the total population was served by access to Free Basic Water, and 68.86% of the poor population was served.

Adequacy of the Free Basic Water

The basic free water initiative faces considerable challenges. Citizens, water experts and public health practitioners have questioned whether the allocation of 6,000 litres of water per household per month, which is based on an assumed household of 8 people, is sufficient, since many households have more than 8 members. The Centre for Applied Legal Study at Witts University has identified that residents often use up the basic free water quota within two weeks but remain unable to afford to pay for additional water. The HIV Clinicians Society has also voiced concern that even if there are only 8 members in a household, the allocation which is based on 25 litres of water per person per day, does not equate with the needs of those who suffer from HIV and AIDS. Some water experts attest that 50 litres of water per person per day should be considered the minimum benchmark on which to base the free basic water policy.

In October 2006, a protest was staged in Johannesburg challenging the quota and the instillation of water metres. This dispute on the adequacy of the free basic water policy has culminated in a coalition of local NGOs and community service organisations, filing a legal case against the Ministry of Water at Johannesburg High Court. The Coalition against Privatisation aims to get the quota and pre-paid metres established as unconstitutional.

For the case see Legal Redress

Sanitation in South Africa

In 2001, there was a national backlog of persons without access to adequate sanitation facilities estimated to be 18 million people or 3 million households. The majority of persons falling in this category lived in rural areas, peri-urban areas and informal settlement areas. The Government estimated that up 26% of urban households and 76% of rural households had inadequate sanitation.

In its White Paper on Basic Household Sanitation (Department for Water Affairs and Forestry, 2001) the Government re affirmed its commitment to ensuring that all citizens have access to basic sanitation by 2010. The Programme focuses on the eradication of the sanitation backlog in the rural, peri-urban and informal settlement areas by the year 2010. In addition, eradication of the bucket system (currently estimated at about 428,000 households) is to be achieved by 2007.

Community participation is identified as a key requirement for the success of the implementation programme. Projects are to be demand driven by the community, as demonstrated by the community's willingness to assist in project implementation. Where possible, projects are to be implemented without the use of external contractors to facilitate the upliftment of the local economic situation. Training is to be provided to members of the local community to construct the facilities. Sufficient information is to be provided to the community to enable them to make an informed decision with regard to the type of technology implemented.

Sources: Department of Water Affairs and Forestry, 1994; Court battle looms about basic water supply, The Independent South Africa (IOL) 17-07-2006; Presentation slides from 4th World Water Forum, Mr J. Sindane, Department of Water Affairs and Forestry, South Africa 2006 The Right to Water: From Concept to Implementation World Water Council 2006