COHRE Right to Water factsheet Israel 2008

In Savion, one of Israel 's richest communities, per capita consumption of water averages 383 cubic metres per year. In Tel Sheva, a Bedouin community, the average per capita consumption of water is 29.1 cubic metres per year.

In Israel 's mixed Arab-Jewish cities some Arab neighbourhoods lack basic services including water and sanitation as the local municipality refuses to recognize their existence.

The Right to Water in Israel

SECURING THE HUMAN RIGHT TO WATER and SANITATION FOR ALL agreements between countries, many of which have also been signed by Israel.

Since these rights are for everyone it does not matter whether you are rich or poor, old or young, female or male. The State must respect, protect and fulfil the human rights of all people – without discrimination.

What are human rights? Who has them?

All people have human rights because they are human beings. Human rights are not 'given' to people by governments, nor can they be 'taken away' by governments. Human rights are protected by numerous international

While not all human rights can be fully realized immediately, governments must take steps to make sure that all rights are realized as soon as possible. Also, governments must try not to restrict the enjoyment of human rights.

What is the right to water and sanitation?

Under international human rights law access to water and sanitation is recognised as a basic human right. This means that all

individuals are entitled to have access to an essential amount of safe drinking water and to basic sanitation facilities, irrespective of their race, sex, age, language, religion, political or other opinion, national or social origin, property or health status (including HIV/AIDS). Further, the right to water and sanitation requires that individuals and communities can participate in, and genuinely influence, decision making relating to water and sanitation services on national and local levels and have access to information concerning water and sanitation.

Water and sanitation are deeply interrelated. Sanitation is essential for the conservation and sustainable use of water resources, while access to water is required for sanitation and hygiene practices. Furthermore, the realisation of other human rights, such as the right to the highest attainable standard of health, the right to food and the right to adequate housing, depend on access to water and sanitation.

Defines minimum requirements for water and sanitation.

In addition to entitlements, the right to water and sanitation does also include certain responsibilities. For example, individuals and communities should not pollute water sources by dumping waste in them, and should use available sanitation facilities.

A human rights approach to water and sanitation means that individuals and communities are entitled to demand that laws, policies and practices respect and promote human rights standards. Not all laws, policies and practices are acceptable - only those that observe human rights standards.

Therefore, a human rights approach to water and sanitation: Demonstrates that water and sanitation are legal entitlements, not charity.

Therefore when governments are not fulfilling their obligations in relation to the right to water and sanitation, they can be held accountable.

Communities and civil society can use the right to raise the political profile of the importance of access to water and sanitation services. Individuals and groups can demand that the right is implemented through lobbying their government, seeking redress from national human rights commissions and courts or from international human rights mechanisms.

Requires information sharing and genuine participation in decision making, ensuring that the most vulnerable and marginalized groups and individuals can influence relevant decisions.

Focuses on vulnerable and marginalized groups, who have been historically dis-

The content of the human right to water and sanitation can be defined as follows: Sufficient water. An adequate quantity of water supply must be available for personal and domestic uses, which includes drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. This normally means 50-100 litres, and an absolute minimum of 20 litres per person per day. The allocation of water resources must give priority to essential personal and domestic uses. Water sources must be protected to ensure safe water for present and future generations.

Safe water and sanitation. Water must be free from hazardous substances that could endanger human health, and whose colour, odour and taste are acceptable to users. Sanitation must be hygienic and not pose a threat to the environment. It must be able to effectively prevent human, animal and insect contact with excreta.

Accessible water and sanitation.

Water and sanitation services and facilities must be within safe physical reach, in or near the house, school, work place or health facility, in a secure location and address the needs of different groups, in particular threats to the physical security of women.

Affordable water and sanitation. Water and sanitation services and installations, including maintenance, must be affordable, without reducing the individuals or household's capacity to acquire other essential goods and services. criminated against or neglected, such as Bedouin communities or internally displaced people.

Provides a framework and guidelines for the development of and reforms to public policies and plans, to prioritise resources for basic human needs, and to monitor performance.

Legally binding international treaties ratified by the State of Israel that guarantee the right to water and sanitation When a State 'ratifies' a treaty, it is required, under international law, to realize the rights contained in that treaty for all persons within its territory. Israel has committed itself to the following human rights treaties: The International Covenant on Economic, Social and Cultural Rights (ICESCR), recognises the “right of everyone to an adequate standard of living, including adequate food, clothing and housing�. The UN Committee on Economic, Social and Cultural Rights, which is the expert body responsible for monitoring and interpreting the ICESCR, issued General Comment No. 15 on the Right to Water in 2002.

General Comment No. 15 on the Right to Water emphasises that the right to water, as well as adequate sanitation is a necessary component of the right to an adequate standard of living and describes the content of the right and the scope of State’s obligations. The General Comment therefore provides authoritative guidance to States on the steps they should be taking to implement the right to water for all and can be used by civil society to strengthen their rights claims.

The Convention on the Elimination of All forms of Discrimination against Women (CEDAW) obliges States to ensure that rural women have access to water supply and sanitation, and that all women enjoy conditions of non-discrimination and gender equality.

The Convention on the Rights of the Child (CRC) states that children have the right to the enjoyment of the highest attainable standard of health and requires States to combat disease and malnutrition “through the provision of adequate nutritious foods and clean drinking water”.

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) guarantees that nobody should suffer from direct or indirect discrimination based on race, colour, decent, religion or national or ethnic origin. Withholding equal access to water and sanitation services for people of one ethnic group, amounts to racial discrimination and would be a breach of a States legal obligations under ICERD. The Convention on the Rights of Persons with Disabilities establishes that the right to social protection requires that States “ensure equal access by persons with disabilities to clean water services”. While Israel has signed but not yet ratified this treaty, it is obligated not to defeat the object and purpose of this treaty.

National Law Under article 3 of the 1959 Water Law, every person in Israel is entitled to receive and use water. However, the law does not state how this entitlement is to be implemented and falls short of guaranteeing all the protections required by the right to water and sanitation.

States are obliged to ensure that their laws, policies and programmes are inline

with the rights guaranteed in the treaties it has ratified. States that have ratified the ICESCR must take the necessary steps to ensure that everyone has access to water and sanitation as soon as available resources allow. Some steps can be taken immediately, such as preventing discrimination and putting in place a targeted plan to achieve the right. Other steps can take time to implement. But States must demonstrate that they are doing everything possible within available resources to realise the right to water and sanitation.

A State has three different types of obligations when it comes to ensuring the rights to water and sanitation: Respect: States must refrain from interfering directly or indirectly with the enjoyment of a right. For example, States should refrain from arbitrarily interfering with customary or traditional arrangements for water allocation, or from unlawfully diminishing or polluting water resources.

Protect: States must prevent 'third parties' (such as corporations and landlords) from interfering with the enjoyment of a right. For example, States should adopt effective legislative and other measures to prevent third parties from denying equal access to water or polluting or inequitably extracting from water sources.

Fulfil: States must a right by taking positive measures to assist individuals and communities to enjoy the right.

For example, by providing the necessary financial and human resources to improve access to basic sanitation systems. State are to a right, for example, by ensuring that there is appropriate education concerning the hygienic use of water, the protection of water sources and methods to minimise wastage. State are obliged to a right when individuals or a group are unable, for reasons beyond their control, to realise that right themselves by the means at their disposal. For example, by constructing a water point in a community that doesn't have access to safe drinking water.

How to detect and redress violations to the right to water and sanitation?

A human rights 'violation' is when the State fails to uphold an obligation made under a human rights treaty.

States violate the right to water and sanitation when they: Charge unaffordable rates to people living in poverty or only subsidise water and sanitation costs for middle-income persons.

Permit service providers to disconnect or otherwise exclude people from water, even when they are genuinely unable to pay.

Refuse to provide services to people living in informal settlements or carry out disconnections as a means to accelerate evictions. All people have the right to water and sanitation irrespective of tenure. This means a State cannot withhold water and sanitation services as means to force people out of their homes or off their land.

Invest resources in expensive service upgrades that are only accessible to privileged section of the population, instead of solutions that benefit those without any access.

Refuse to control excessive industrial and agricultural uses of water and pollution of water resources.

Do not make information concerning water and sanitation publicly available, or make decisions regarding water and sanitation services without the participation of affected communities.

For more information, please go to: www.cohre.org/water www.cohre.org/israel Or contact: israel@cohre.org

Priority actions for civil society: Provide information to local authorities about a problem and request that they take action to remedy the problem.

Lobby their government to make sure that laws and policies are in accordance with international standards on the right to water and sanitation and press for the inclusion of the recognition of the right to water and sanitation in domestic law.

Violations can be addressed through: National human rights commissions and courts: Courts can intervene when policies are carried out on a discriminatory basis or when governments have not taken appropriate steps, using all available resources, to implement the right.

United Nations monitoring mechanisms: Civil society can submit reports to the Committee on Economic, Social and Cultural Rights and the Human Rights Council, which can give recommendations to the State on how to better achieve the right. A small NGO may not be able to carry out this work alone, but can request assistance from another or-

In Israel’s mixed Arab-Jewish cities some Arab neighbourhoods lack basic services including water and sanitation as the local municipality refuses to recognize their existence. ganization or a human rights lawyer.

Information can also be provided to the special procedures mandate holders such as the Special Rapporteur on the Right to Adequate Housing, who can engage in dialogue with governments, civil society and other relevant actors with a view to identifying solutions for the implementation of the right.

Inform individuals and communities of government obligations and their own responsibilities; promote monitoring of government and private actors and use official monitoring and complaint mechanisms.

Establish contacts with other NGOs and community groups, in order to have a greater influence on government policy.

For more information, please go to: www.cohre.org/water www.cohre.org/israel Or contact: israel@cohre.org