Enhancing the Effective and Sustainable Enjoyment of the Right to Water under Cameroonian Law

Introduction

1.1. Background and rationale

Generally speaking, water, which is one of the tangible natural resources the world over, features as the most indispensable. The well known adage, “water is life” confirms such a general conception. A global good in essence, 17 percent of humankind (1.5 billion people) has no access co clean water, 2.6 billion people do not enjoy sanitation facilities and 5000 children die every day contaminated by water. The African continent, said to be rich in natural resources, water inclusive, do face the hydrological stress on a somewhat serious note. Statistics point to the fact that 25 percent of contemporary African population come under water stress while 69 percent live in relative abundance. Unfortunately, this relative abundance does not take into consideration such other factors as portability, accessibility as well as quality for health. There have been considerable efforts at the international level between 1990 and 2000 to improve on this situation. This notwithstanding, only 62 percent of African population, that of Cameroon not excluded, had access to better water conditions. What is more? It is projected char by 2025 many more people will be subjected to the water stress. One may want to add that the climate change phenomenon is likely to aggravate the water stress situation if a strong and promising global legal regime on the climate change saga is not adopted and put into immediate implementation. In face, the above picture justifies the requirement for the right to water and explains why the right to water is increasingly recognized, albeit in a general, diverse and disjointed manner, at the global, regional and national level as a fundamental and inalienable right of the human person which states are called upon co recognize and enforce in their internal legal order with the cooperation of the international community. Forming part of economic and social rights, the right to water means that everyone without discrimination, muse have access to water in quality and quantity sufficient to meet his/her basic needs. The right to water consists in the provision of sufficient, physically accessible and at an affordable cost, clean and quality water acceptable for personal and domestic use of everyone. The right to water has also been defined as the right of everyone regardless of his economic standard, to possess a minimum quantity of water of good quality which is sufficient for his life and health. Consequently, rights linked to water are those rights enabling the use of a certain amount or quantity of water rather than rights of ownership of the resource itself. However, it is important to underscore at the outset of this debate that the right to water which is limited to personal and domestic uses exclude water for agricultural, industrial and commercial activities.