Pipe dream or progress? Implementing the human right to water in South Africa and Kenya

Water is essential for all life. It is one of the most abundant resources on the planet, and yet one billion people worldwide lack a safe, clean supply of water. Development initiatives, like the Millennium Development Goals, aim to improve access to water with a rights-based approach. In 2002, the United Nations issued General Comment No. 15, which declared water a basic human right. This paper examines the effect that the human right to water has in improving access to water resources. The paper uses the cases of South Africa and Kenya, two countries that have attempted to implement a human right to water. The human right to water is secondary to improving water access, and not the ultimate cause for improvements. Financial and economic capabilities are much more instrumental. The right may influence improvements, but only when including such variables as proper accountability mechanisms, institutions, and governance structures.