Right to Water and Sanitation (Articles 4, 5, 15, 16, 22 and 24)
87. While the African Charter does not directly protect the right to water and sanitation, it
is implied in the protections of a number of rights, including but not, limited to the
rights to life, dignity, work, food, health, economic, social and cultural development
and to a satisfactory environment.
88. The human right to water entitles everyone to sufficient, safe, acceptable, physically
accessible and affordable water for personal, domestic, and agricultural uses. Water
should be treated as a social and cultural good, and not primarily as an economic
good.
89. Sufficient water means an adequate and continuous water supply for each person’s
personal and domestic use. This normally includes drinking, personal sanitation,
washing of clothes, food preparation and personal and household hygiene. A
sufficient amount of water is necessary to prevent death from dehydration.
90. Safe water is water that, in particular, is free from hazardous substances (microorganisms, chemical substances and radiological hazards) that could endanger
human health, and whose colour, odour and taste are acceptable to users.
91. Everyone has the right to have access to adequate and safe sanitation that is
conducive to the protection of public health and the environment. xxxvii Sanitation
comprises at least, a clean toilet or latrine, together with collection, disposal and
treatment of human excreta, wastewater, solid waste and storm water removal and
hygiene education.
92. The right to water and sanitation imposes the following obligations, among others,
on States parties to:
Minimum Core Obligations
a.
Ensure access to the minimum essential amount of water, that is sufficient
and safe for personal and domestic use, including preventing disease,
together with access to adequate sanitation.
b.
Ensure safe physical access to water facilities or services that provide
sufficient, safe and regular water; that have an adequate number of water
outlets to avoid prohibitive waiting times; and that are at a reasonable
distance from the household; educational institution, workplace or health
institution.
c.
Refrain from using access to water as a political tool.
National Plans, Policies and Systems
d.
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Adopt a national strategy or plan of action to realize the right to water and
sanitation;