Reflection On the Human Rights to Water in Cameroon: Lesson from South Africa
Keywords:
Human rights, water, bleak assertion, non-existence, Cameroon, South AfricaAbstract
Access to water is one of the fundamental rights of humans, and this access is a crucial challenge both in terms of quality and quantity in Cameroon. Access to clean water is essential for all, yet in Cameroon, only a small portion of the population can obtain sufficient water to meet their needs, while the majority depend solely on inadequate water sources. The 1996 Preamble of the Constitution of the Republic of Cameroon explicitly upholds the protection of human rights, including guarantees related to economic and social rights. This right to a healthy environment is inextricably linked to the right to water. However, the 1998 Water Code expressly recognizes that the State is responsible for water protection and management but simply facilitates rather than guarantees access to all. While Cameroon's legislative structure includes provisions for the water right, people in the country do not have appropriate access to safe drinking water. Cameroon's legal framework appears weak and ineffective in this perspective, failing to provide and improve access to adequate clean drinking water. Concerned residents have been unable to exercise their right to safe water due to this deficiency. A critical analysis of the legal frameworks in Cameroon as to the nature of the right to a quality water supply is made because Cameroon is a signatory to regional and international instruments governing the human rights to water. It will continue to be a barrier to access to water by the citizens if not quickly and adequately handled. The authors analyzed and contrasted the Cameroonian and South African experiences to take Cameroon's learning points. It is required because South Africa's legal framework is more satisfactory and effective in general and specifically to the extent that South African courts have enforced it than Cameroon's.
References
See Art 14(2)(h) of the Convention on the Elimination of all Forms of Discrimination Against Women ,CEDAW, 1979; Art 24(2)(c) of the Convention on the Rights of the Child, CRC, 1989; Art 28 of the Convention on the Rights of Persons with Disabilities, CRPD, 2006; General Comment 15: The Right to Water adopted by the UN Committee on Economic, Social and Cultural Rights, 2003;ACHPR Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and People’s Rights, 2010, paras 88-91; and Art 14(2)(c) of the African Charter on the Rights and Welfare of the Child 1990. Details below.
The International Bills of Human Rights include the UDHR, the ICCPR, and CESCR.
Meier et al. Water Policy, (2013), 15, at 118.
See CESCR General Comment 15: The Right to Water UN Doc E/C.12/2002/11.
General Comment 15: The Right to Water, 2002, para 3.
ACHPR Principles and Guidelines, 2010, para 87-91.
UNGA Res 64/292, UN Doc A/RES/64/292 28 July 2010.
UN Doc A/RES/64/292 28 July, 2010, para 2.
Belinskij A et al, ‘Domestic manifestations of international law’s right to water: A comparative analysis of emerging rights obligations in Finland and South Africa’(2017) 25(2) African Journal of International and Comparative Law 261-292 at 261, 264-268.
United Nations Sustainable Development Goals: Agenda 2030 (2015).
Water for Climate: Water Sanitation Rights, Tweets by @ACA-We Advocate UN Geneva.
Food and Agriculture Organization, FAO, 2003
SIGHA-NKAMDJOU, SIGHOMNOU &lIENOU, 2002
United Nations International Children's Emergency Fund/World Health Organization, UNICEF/WHO, 2008
United Nations Water Conference Mar Del Plata Action Plan of 1977.
Art 14(2)(h) of the CEDAW.
Art 24(2)(c) of the Convention of the Rights of the Child 1989.
Report of the United Nations Conference on Environment and Development: Agenda 21, 1992. Chapter 18 examines the right to water in terms of three elements: access, quality, and quantity, emphasising the importance of all aspects of sustainable development. Water is also considered a natural resource and a social and economic good, whose quality and quantity determine how much it can be used. Agenda 21, Paras 18.2, 18.47 and 18.18.
UN International Conference on Population and Development of 1994
Para 2 General Comment 15, 2002. General Comment 15 implies the right to two articles of ICESCR of 1966: the right to adequate living standards, Article 11, and the right to the highest attainable standards of health, Art 12. The Committee stressed the right to water in General Comment 15 because it was not precisely included in the ICESCR.
Belinski (n 9) at 3
See General Comment 15, 2002, para 17.
Art 2(1) of the ICESCR 1966.
Art 5 of the ICESCR 1966.
Art 2(2) & 3 of the ICESCR 1966; For other details on State duties on discrimination against the water right, see art 14(2) of CEDAW1979; art 24(2)(c) of the CRC 1989; General Comment 15, 2002, paras 13 to 17.
General Comment 15, 2002, para 17
General Comment 15, 2002, paras, 21-22. It allows the State to refrain from intervening directly or indirectly with the enjoyment of the right to water. It requires governments to ensure that a person's access to water is not interfered with by the actions of their institutions and officials.
General Comment 15, 2002, para, 23. The obligation to protect requires State Parties to put in place measures that ensure that third parties do not interfere with the enjoyment of the right to water.
General Comment 15, 2002, paras, 25-27. The State's obligation to facilitate, promote, and provide is primarily focused on three concerns. The obligation to facilitate requires States to take effective legislative, administrative, financial, promotional and other measures to ensure the full realisation of the right to water. It also requires establishing judicial redress mechanisms capable of dealing with violations of the right to water. On the other hand, the duty to promote requires State Parties to focus on developing and implementing policies and initiatives that will educate their citizens and raise awareness, particularly for those in remote areas, of their right to water and of programmes established to give effect to such a right. Lastly, the duty to provide requires States to ensure that water is available and take steps, including suitable low-cost methods, technology and adequate pricing. Whether privately or publicly provided, payments for water services should be based on the principle of equity in equivalence to their level of affordability.
Scanlon J, et al, Water as a human right? IUCN environmental policy and law(2004) 51IUCN, Gland, Switzerland and Cambridge, U.K,51.
See General Comment 15, 2002, paras, 12(a)(b) &(c).
Howard G & Bartram J. Domestic, Water Quantity, service level and health World Health Organization: Geneva, Switzerland, 2003,23.
International Council on Human Rights Policy, Local Government and Human Rights: Doing Good Service, 2005, 11 and 20.
ACHPR Principles and Guidelines, 2010, para 87. These rights are respectively guaranteed in Articles 4, 5, 16, 24 and 22 of the African Charter
ACHPR Principles and Guidelines, 2010, para 92(a).
ACHPR Principles and Guidelines, 2010, para 92(d)(f)
ACHPR Principles and Guidelines, 2010, para 92(g).
ACHPR Principles and Guidelines, 2010, para 92(i)
See, for example, Art 14(2)(c) of the African Charter on the Rights and Welfare of the Child, 1990, obliges Member States to take measures to realise the right of children to safe drinking water fully. For details, see the Abuja Declaration on Water: A Key to Sustainable Development in Africa, 2002; the Protocol to the African Charter on the Rights of Women in Africa, 2003, which includes commitments in connection with access to safe drinking water.
ACHPR Principles and Guidelines, 2010, paras 5 &6
See para 7 in ACHPRPrinciples and Guidelines, 2010.
See paras 8 and 9 in ACHPRPrinciples and Guidelines, 2010.
See paras 10-12 in ACHPRPrinciples and Guidelines, 2010.
See para 92(i)-xxii of ACHPRPrinciples and Guidelines, 2010; also see paras 17-38 of General Comment 15, 2002.
Para 92(iii) of ACHPRPrinciples and Guidelines, 2010.
Every person shall have the right to a healthy environment. The protection of the environment shall be the duty of every citizen. The State shall ensure the protection and improvement of the environment.
Law No. 98/005/ of 14 April 1998 laid down regulations governing Water resources, Hereafter the 1998 Water Code.
See Article 2 of the 1998 Water Code.
Art 16(1) of the 1998 Water Code.
Cameroon National Assembly, CAN, 1964, Law No. 64/LF/3 of 06 /04/1964, Legislative Year 1964/1965, Yaounde, accessed: 16 February 2009.
CNAB, 1971, West Cameroon Official Gazette No. 7 Vol. II of 13/02/1971, Part C, Buea: Cameroon National Archives, Buea, CNAB, Date accessed: 4 February 2009.
Cameroon National Archives, Buea, CNAB, Western Cameroon Official Gazette, WCOG, 1971: Part C.
Law No. 73/16 of 7 December 1973, laying down rules and regulations governing spring and spa waters. This law was reaffirmed by Law No. 88/17 of 15 December 1988, defining the rights and royalties relating to the exploitation and exploration of springs, spas and thermal waters and putting the parties interested in the exploration and exploitation of such waters to the payment of rights and royalties to the government. Therefore, the Ministry of Water and Energy was held responsible for its execution and imposed penalties worth 10 thousand Fcfa fine for delay in payment of royalties and paying 50 percent of the total value of royalties for a false declaration to the State. (Republic of Cameroon, 1988, Law No. 88/17 of 15/12/1988, Legislative Year, 1988/1989, Yaounde: Cameroon National Assembly, CNA ,Date accessed: 18 February 2009.
United Republic of Cameroon, URC, 1973, Law No. 73/16 of 07/12/1973, Legislative Year 1973/1974, Yaounde, Cameroon National Assembly, CAN: Date accessed 19 December 2009.
Law No. 84/13 of 5 December 1984 laying down regulations governing water resources in Cameroon,
Saidou Baba Oumar& Devi Datt Tewari, The development of water management institutions and the provision for water delivery in Cameroon: History and future: DOI: http://dx.doi.org/10.4314/gjds.Vgi2.5, (School of Accounting, Economics and Finance, University of KwaZulu-Natal; Durban, South Africa, at 80.
Saidou, as above.
Republic of Cameroon, RC, 1984. Law No. 84/13 of 05/12/1984, Legislative Year 1984/1985, Yaounde: Cameroon National Assembly, CNA, accessed 18 February 2009
Kouam, K.G.R, et al, Gestion intègre des Resources en Eau et millénaire pour le développement en Afrique : Cas du Cameroun. Vertigo, 2006, 7(2), 1-19. Available:www.vertigo.uqam.ca/ voI7no2/art11voI7no2/vertigovoI7no2 kouam et coll.pdf. Accessed: 20 July, 2008
Republic of Cameroon: 1995, law No. 95/06 of 30/01/1995, Legislative Year, 1994/1995, Yaounde: Cameroon National Assembly, accessed 20 February, 2009.
Law No. 96/12 of 5 August 1996 relating to Environmental Management in Cameroon.
See art. 10 of the 1996 Law
See art. 25 of the 1996 Law
See art. 26 of the 1996 Law
Law No.2004/17 of 22/07/2004, Spelling Out the Framework of Decentralization of Water Management and Law No.2004/18 of 22/07/2004, Specifying the terms applicable to local communities.
WHO/UNICEF 2017
Cameroon: Water, Sanitation and Hygiene Needs, REACH Cameroon Report: Assessment, December 2019.
Cameroon: Water, Sanitation and Hygiene Needs, REACH Cameroon Report: Assessment, December 2019.
The Boko Haram in the Grand North and the crisis in the two English Speaking Regions.
Executive Director for African Cente r for Advocacy, ACA
Christopher F. Tamasang‘The right to water in Cameroon: legal framework for sustainable utilization’ paper was prepared for the workshop entitled "Legal aspects of water sector reform" to be organized in Geneva on 21 April 2007 by the International Environmental Law Research Center, IELRC, in the context of the research partnership 2006-2009 on water law sponsored by the Swiss National Science Foundation ,SNF.
Cholera-Cameroon at https//:www.who.int/emergencies/diseaseoutbreak-news/item/cholera-cameroon accessed 19-04-2022.
Decree No. 2001/163/PM of 8 May 2001, regulating the perimeter of protection of the sources of water and treatment stored for portable use.
For instance, everyone must have at his/her disposal at least 20 litres of potable water per day.
The Preamble of the Constitution of the Republic of South Africa, 1996
Section 7(2) of the Constitution
Section 40(1) of the Constitution provides that "in the Republic, the government is constituted as national, provincial and local spheres of government, which are distinctive, interdependent and interrelated."
Section 156(1)(a) and Schedule 4B of the Constitution read together with ss 3 and 11 of the WSA; See Fuo O “Intrusion into the autonomy of South African local government: Advancing the minority judgement in the Merafong City Case” 2017 325; Fuo O “The Right of Access to Sufficient Water in South Africa: Comments on Federation for Sustainable Environment and Others v Minister of Water Affairs”, 2012, ZAGPPHC 128 2013 20(2)Murdoch University Law Review 25-26.
Residents of Bon Vista Mansion v Southern Metropolitan Local Council 2002 (6) BCLR 625 (W)
Residents of Bon Vista Mansion v Southern Metropolitan Local Council paras 20, 27 and 34
Water Service Act, WSA, 108 of 1997.
Section 2(a) WSA.
Section 2(b)(d) WSA.
Section 2(f) WSA.
Section 2(g)(i) WSA.
Section 1(iii) WSA.
Section 10 WSA.
GNR 509 in GG 22355 of 8 June 2001.
Reg 3 of GNR 509 in GG 22355 of 8 June 2001.
See Norms and Standards regarding Tariffs for water services in section 10(1) of the WSA.
Section 63 WSA.
Section 11(1) WSA.
DWAF, Strategic Framework for Water Services, Government of the Republic of South
Africa 2003.
National Water Act No 36 of 1998, NWA.
Ss 2(a)(b) NWA.
DPLG, now CoGTA, National Framework for Municipal Indigent Policies, 2006,6.
DPLG, now CoGTA, National Framework for Municipal Indigent Policies, 2006, 13.
DPLG, now CoGTA, National Framework for Municipal Indigent Policies, 2006, 21-22.
DPLG, now CoGTA, National Framework for Municipal Indigent Policies, 2006, 21.
Fuo ON "Local government indigent policies in the pursuit of social justice in South Africa through the lenses of Fraser" 2014 25(1) Stell LR 198
The High Court, Supreme Court of Appeal and Constitutional Court judgments are cited respectively as Mazibuko v The City of Johannesburg Case No 13865/06 [2008]; the City of Johannesburg and Others v Lindiwe Mazibuko and Others Case No 489/08, 2009, ZA SCA 20; and Mazibuko and Others v City of Johannesburg and Others 2010 (3) BCLR 239 (CC) (hereafter Mazibuko). The focus here is on the Constitutional Court Judgment.
Residents in Phiri, a township of Soweto, near Johannesburg. Phiri is one of the neighbourhoods that make up the greater part of Soweto, which is part of Johannesburg City and is largely populated by impoverished and uneducated inhabitants. As one of the oldest townships in Soweto, Phiri is characterised by gross inequality in service delivery. The township has been neglected to the extent that water infrastructure has become obsolete, with poor piping resulting in water losses that cannot be accounted for
Mazibuko para 6
This was through an operation referred to as "Operation Gcinamanzi." This policy effort had a double objective: (a) the recovery of outstanding debts from residents of Phiri for unpaid water services; and (b)to save water by improving the infrastructure for the provision of services, preventing wasteful water activities and reducing demand.
Bond P & Dugard J, ‘The case of Johannesburg water: what really happened at the pre-paid ‘parish pump’(2008) 12(1), Law Democracy and Development, at 9.
Mazibuko paras 26 and 27. It found, among other things, that the City's bylaws did not allow for the installation of pre-paid meters and that the installation was, therefore, illegal. The meter caused unconstitutional and unreasonable discontinuation of water supply because it stopped water supply after six kilolitres had been used; the procedure for installing the meters was illegal and unfair. The City's Free Basic Water Policy was irrational and unreasonable. Significantly, the Court ruled that the City should provide a free basic water supply of 50 litres per person per day for the applicants and all similar residents of Phiri. For the SCA decision, see Mazibuko paragraphs 28 and 29.
Government of the Republic of South Africa and Others v Grootboom and Others 2001 1 SA 46, CC, hereafter Grootboom
Minister of Health and Others v Treatment Action Campaign and Others 2002 5 SA 721, CC, hereafter Treatment Action Campaign case.
Mazibuko paras 48-49.
Mazibuko para 50.
For details, see Mazibukoparas 67, 78-79.
Dugard J ‘Can human rights transcend the commercialization of water in South Africa? Soweto’s legal fight for an equitable water policy’ (2010) 42(2) Review of Radical Political Economics 175-177; Stuart W & Dugard J ‘Taking poverty seriously: The South African constitutional court and socio-economic rights,’ 2011, Stellenbosch Law Review 664-682; De Vos 2009 “Water is life (but life is cheap)” http://constitutionallyspeaking accessed 13 July 2019.
Dugard 2010 Review of Radical Political Economics 177.
An NGO and residents of Silobela, situated on the outskirts of Carolina Mpumalanga Province, complained of contaminated "acid mine water" that was not fit for consumption. In an attempt to relieve the population's plight in the affected communities, in February 2012, some 20 water tanks were brought from the neighbouring towns of Breyten and Chrissiesmeer to supply water to Carolina, Silobela surrounding areas.
Federation for Sustainable Environment para 5
Federation for Sustainable Environment para 6
Federation for Sustainable Environment para 7
Federation for Sustainable Environment para 18
Federation for Sustainable Environment para 24
Federation for Sustainable Environment para 26(2)
The Constitution of the Democratic Republic of the Congo, 2006 art. 48; the Constitution of Kenya, 2005 sec. 65; Constitution of the Republic of Uruguay, 1967as last amended in 2004 art. 47; Constitution of the Federal Republic of Ethiopia, 1994 art. 90
Avitus A.Agbor, 'Pursuing the right to an effective remedy for human rights violation(s) in Cameroon: The need for legislative reform (2017) (20) Potchefstroom Electronic Law Journal 17.
Eric Etoga, ‘It’s not just land; water rights under threat’(2020), at [email protected] 04/08/2020.
Fuo 2013 Murdoch University Law Review 36-37.
Fuo 2013 Murdoch University Law Review 36-37.
UN Committee on Economic, Social and Cultural Right: The Right to water, General Comment No. 15,UN Doc, E/C 12/11, 29th Session, 2002.
H. Smet, Le Droit à l’eau (2002),www.academic.eau.org, at1.
‘The Constitution of Cameroon, 1996’, article 45.



