Water as a Human Right: The Understanding of Water Rights in Palestine

Abstract

The international community has affirmed the human right to water in a number of international treaties, declarations and other documents. Most notably, in November 2002 the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15 on the right to water, setting out general standards and obligations related to the right to water. This paper analyses if and to what extent the UN concept is acknowledged in Palestine while focusing (a) on water rights allocation between Palestine and its neighbour Israel, taking the commonly shared Mountain Aquifer as an example; and (b) the governmental obligations with regard to the human right to water which broadly are to be categorized in obligations to respect, protect and fulfil this right. The paper analyses whether the institutional setting within the Palestinian water sector is appropriate to meet the challenge of the UN concept. The main obstacles and challenges facing strategic and coordinated governmental action towards the UN concept are discussed. While outlining the most important characteristics of the Palestinian water sector, the criteria of the UN concepts are evaluated. Finally, the paper discusses the precondition for the implementation of the human right to water in Palestine.