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Access and right to potable water and the fight against the spread of COVID-19 in Nigeria

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In human history, the raging Corona Virus (Covid-19) pandemic, will undoubtedly remain one of the tragic incidents that has befallen the earth.  Barely five months when it was first discovered in Wuhan province of China in December, 2019, a report from Johns Hopkins University Coronavirus Resource Center showed that, as at 18th April, 2020, the disease has spread to 185 countries with over 2,261,631 confirmed cases, 154,789 death toll and 577,060 recovered cases. At the home front, Nigeria, the situation is not different. From 27th February, 2020, when the index case, an Italian citizen, was tested positive to the virus in Lagos, to 17th April, 2020, the National Center for Disease Control reported that, the number of confirmed cases has risen to 493 across 20 States with 159 recovered cases and 17 fatalities.

As shocking as the above reports are, the World Health Organization (WHO) and relevant health authorities indicated that there is no cure for the disease at the moment; but that while research for cure lasts, the best way of fighting the disease is to prevent it from spreading through some recommended measures such as: observance of social distance; staying at home; constant sanitization of hands with alcohol base sanitizers; early seeking of medical care when having fever, cough or difficulty in breathing; frequent washing of hands with soap and water for at least 20 minutes; and maintenance of proper hygiene.

It is projected that many more people in the region of thousands, may be infected with the virus before the curve is flattened in Nigeria, which means the disease may live with us for a while before it gets subsided or brought to a halt. In this regard, we observe that most of the recommended measures for combating the spread of the virus are temporary and cannot be sustained in the absence of potable water. It is not expected that people will continue to stay at home and observe social distance for a protracted period because of corona virus.  By nature, man is a social being and would inevitably interact with others. More so, freedom of movement and association are constitutionally safeguarded and cannot be unreasonably denied for a long time. As a result of high rate of unemployment, most Nigerians are daily wage earners as such, the lockdown imposed in some states are being observed in breach on account of starvation amongst other complaints.

The importance of potable water in the fight against Covid-19 cannot be over emphasized. With clean water, people would be able to clean their bodies (and wash their hands regularly), houses and environment which is the hallmark of good hygiene and sanitation. Therefore, whichever perspective you view from, having access to potable water is crucial in combating the spread of the virus. At this juncture, the fundamental question is: How many Nigerians have access to safe water and for those that do not have, to what extend should they exercise their right to access safe water?

Using a projected population of 190 million, a report by WaterAid, an international non-governmental organization, showed that 55 million Nigerians, representing 29% of the population, lack access to potable water. The report further indicated that, 116 million people do not have a decent toilet with 110 million lacking basic hygiene facilities, and around 60,000.00 children under the age of five die in connection to diseases related to poor access to water and sanitation.

As a self-acclaim giant of Africa, the above report puts a dent on the image of the country and questions her ability to fight the spread of Covid-19 if the fight becomes protracted. It is our considered view that in the absence of safe water, good hygiene remains illusory in the face of the ravaging pandemic. For this reason, access to clean and affordable water to all and sundry should be regarded as a national emergency

In his national broadcast, President Muhammadu Buhari announced that 71% of the confirmed cases in Nigeria are in Lagos and Abuja; and majority of them are individuals with recent international travel history and those who came into contact with them. One can arguable state that the residents of Abuja and Lagos, being the most developed cities in Nigeria can boast of access to safe water and are therefore in a better position to combat the spread of the disease. On the contrary, if the disease spread to locations, especially remote rural areas, where access to clean water, good hygiene and sanitation is a challenge, the quantum of damage it will cause may be unimaginable.

Read also: AFRICA: Modernise or die!

But then, what legal right do the 55 million Nigerians without access to safe water have against the government? The principal legislation on water, the Water Resources Act, vests the right to use and control all surface and ground waters in any water course affecting more than one state in the Federal Government for optimum planning and development. The Act merely confers individuals the right to take water without charge from any natural resources for domestic, agricultural and transportation purposes.

In section 20 of the 1999 Constitution (as Amended), the government is mandated to “protect and improve the environment and safeguard the water, air and land in Nigeria.  However, besides the fact that this provision falls under chapter 2 of the Constitution which is a mere fundamental objective and directive principle of state policy that is unenforceable, the obligation imposed on the government is just to “safeguard the water” in the environment.

However, chapter 4 of the same Constitution makes provision for those enforceable fundamental rights and some of the pivotal rights are the right to life and the right to dignity of human person which are provided for in sections 33 (1) and 34 (1) respectively. The same rights are also provided for in Article 4 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, an international treaty which has been ratified in the country. We assert that these rights encapsulate several factors that give meaning to life such as clean water, healthy environment and basic health care facilities amongst others. This assertion is reinforced by the decision of the Federal High Court in the case of Jonah Gbemre vs. Shell Petroleum Development Company of Nigeria Limited & Ors. (FHC/B/CS/53/05), where the court held that fundamental rights to life and dignity to person inevitably includes the right to clean, poison-free, pollution free and healthy environment and that gas flaring is unconstitutional as it violates the rights of life and dignity of human person as provided in the Constitution and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

It is therefore our submission that deprivation of any factor that gives meaning to life and dignity to life can amount to breach of the above fundamental rights and can be enforceable. In a situation where citizens are subjected to hardship by walking for a long distance in search of water that is often unfit for drinking is unfair and inhuman.

The situation is aggravated by the State and Local Governments who are responsible for the provision of clean water to urban and rural dwellers respectively but are not living up to their responsibilities. While access to safe water is almost a mirage in the rural areas, most of the few exiting states-run water corporations have become moribund and can no longer supply water at all or at a full capacity to the urban dwellers. And, the activities of agencies such as National Agencies of Food and Drugs Administration and Control (NAFDAC) and Standard Organization of Nigeria (SON), established by laws to regulate the quality of drinking water available to the public are largely concentrated in the urban areas leaving out the rural communities to their fate.

We argue that a progressive policy on water should impose three basic obligations on the government: compel the government to (i) preserve existing natural water sources and construct artificial ones to meet the demands of its populace (ii) treat the water and ensure that it is of drinkable quality and (iii) make the water available to the populace with ease and at an affordable rate. It is however observed that while available regimes show that the government is making efforts in respect of the first two mentioned considerations, there is a gap with regards to the third one. It is our contention, however, that access to clean water and good environmental hygiene are inextricably linked to the rights to life and dignity to human person as guaranteed in the Constitution.

Further reliance could be made to international treaties which have relevant provisions on right to safe water such as the Convention on Child’s Rights and the Convention on the Rights of Persons with Disabilities which have been ratified in Nigeria as well as the Convention on Economic, Social and Cultural Rights and Convention on the Elimination of All Forms of Discrimination Against Women.

In 2010, the United Nations General Assembly passed a resolution recognizing human right to water and sanitation. The resolution advocates that humans have the right to receive safe, affordable, clean accessible water and sanitation and some countries of the world such as Austria, Israel (located in the desert), France, Germany etc had since keyed into the resolution and have achieved 100% clean water sufficiency for their citizens. In addition to these countries, Nigeria should be challenged by the success rates in some African countries like Zimbabwe (81%) South Africa (93%), Egypt (98%). It is appalling that by now, 100% access to water is not yet archived in Nigeria, a country endowed with both ground and surface natural sources of water: the country is divided into three by two major rivers namely river Benue and River Niger with several tributaries, dams and rivers scattered across different parts and also bounded to the Atlantic Ocean in the south.

Consequently, in line with the policies obtainable in other climes, the Government should consider the right to safe water as part of fundamental rights to life and dignity of human person and fashion out aggressive policies aimed at providing drinkable water to all citizens so that they can be in a better position to stem the rising tide of the raving Covid-19. In this regard, it is expected that water resource corporations or departments at the States and Local Governments levels would function at full capacity and ensure that water supply to urban and rural dwellers is achieved. Setting up commercial borehole drilling companies that may be drilling boreholes to individuals at a very subsidized rate can go long way in alleviating the suffering of the people.

The government may come up with a policy aimed at encouraging corporate entities to dedicate their corporate social responsibilities towards provision of safe drinking water to vulnerable communities which are mostly located in the rural areas while calling upon spirited individuals to complement the efforts of the corporate bodies. The government should ensure that clean water is available in all schools’ facilities across the country, whether private or public, primary or tertiary as well as in public places such as markets, hospitals and the likes. It is advocated that the bogus and controversial monthly constituency allowance paid to the legislatures both at the State Houses of Assembly and the National Assembly from public treasury should be channeled towards water related project until 100% access to safe water is attained across country.

In fairness to the Government at all levels, we agree with WaterAid that “Nigeria has made solid progress in reaching people with water – seven in ten people now have clean water to drink. Appreciable efforts were made by the government to preserve and improve water resources in the country. However, it is worrisome that 29% of Nigerians lack access to clean water and are thereby exposed to potential health risks including the ravaging corona virus. Government at all levels are therefore encouraged to consider right to potable water as part of fundamental rights to life and dignity of human person and rise to the occasion by providing portable water to all Nigerians as water remain the viable weapon for archiving proper hygiene and fighting against the spread of the raging corona virus and other forms of deceases.

By Nanle Samuel Dashibil…

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