The concept of human rights to water is not new. The right to water has been recognized in a wide range of international documents, including treaties, declarations and other standards. For example, Article 14, paragraph 2, of the Convention of the Elimination of All Forms of Discrimination Against Women stipulates that States parties shall ensure to women the right to "enjoy adequate living conditions, particularly in relation to ... water supply." Article 24, paragraph 2, of the Convention on the Rights of the Child requires State parties to combat disease and malnutrition "through the provision of adequate nutritious foods and clean drinking water." References to human rights to water can also be found in the Geneva Convention relative to the Treatment of Prisoners of War, of 1949 (see articles 85, 89, 127); Geneva Convention relative to the Treatment of Civilian Persons in Times of War, 1949 (see articles 54, 55, and Additional Protocol thereto of 1977, articles 5 and 14); Preamble of the Mar del Plata Action Plan of the United Nations Water Conference of 1977; Agenda 21, Report of the United Nations Conference on Environment and Department (article 18.47), and Report of the United Nations International Conference on Population and Development, of Cairo, 1994 (see Principle No. 2).

All these references finally culminated in the unequivocal confirmation of the human rights to water in the report of the Committee on Economic, Social and Cultural Rights of the Economic and Social Council of the United Nations (Document E/C. 12/2002/11, 20 January 2003). It is said that:

"With respect to the right to water, State parties have a special obligation to provide those who do not have sufficient means with the necessary water and water facilities and to prevent any discrimination on internationally prohibited ground in the provision of water and water services" (Paragraph 15).

The Committee then went on to stipulate in Paragraph 16 that:

"Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees."

The main objectives of this project is to analyse how the countries of the Middle East and North African Region have approached the issue of human rights to water in terms of incorporating this concept into appropriate public policies, implementation of such policies, impacts of the implementation processes, successes achieved, constraints faced, how these constraints could be overcome, and to formulate a road map for the future. Special attention will be given to assess the "States Parties Obligations," as noted by the United Nations Committee on Economic, Social and Cultural Rights, and to what extent these obligations have been met by the countries of the MENA region.

STUDY FOCUS

The project is analysing the following subjects and issues:

• Progressive development of the concept of human rights to water for the world in general, and in the MENA countries in particular;
• Status of acceptance of this policy in the MENA region, and their implementation;
• To what extent the countries of the MENA region are fulfilling their obligations, and review of the present status in different MENA countries;
• What constraints are being faced by the MENA countries to fulfill their obligations, and how these constraints could be overcome;
• Roles, progress, opportunities and constraints to public-private partnerships to expedite the implementation of human rights to water;
• Legal, institutional, social and economic implications of implementing human rights to water as a covenant;
• Based on the analyses conducted, preparation of a status report on this issue for the MENA region as a whole; and
• Recommendation of a road map for the implementation of the requirements to assure human rights to water.

Case studies are being prepared from selected countries of the MENA region.

In addition to producing the first-ever review of the present status of consideration and implementation of the covenant of human rights to water, and a road map for the future, the project will produce the first definitive analysis of the MENA region.

The analyses and case studies that are being prepared under this project will be reviewed and discussed at a workshop in Egypt in January 2006. Following this workshop, the papers will be revised and published by a major international publisher.