Right to Water in a Humanitarian Perspective: A Comparative Legal Analysis between Sri Lanka and South Africa

Abstract

Right to water is essential for human survival. Thus, this research aims at identifying the importance of right to safe drinking water and sanitation in a humanitarian perspective. Therefore, this study mainly focuses on finding out whether there is an express right to safe drinking water within the legal framework of Sri Lanka. The objectives of this research are to identify the issues relating to the right to water in Sri Lanka, to identify whether there is an express right to water and sanitation and to propose necessary amendments to the existing legal regime. The methodology of this research is a combination of black-letter and comparative approach. Furthermore, this research would employ a qualitative analysis of primary data such as constitutional provisions, international instruments and judicial decisions and secondary data of books, journal articles and internet. The Sri Lankan legal regime relating to the right to water will be discussed under three main topics namely slum-dwellers, plantation sector and schools. Moreover, the South African legal regime will also be discussed in order to conduct a comparative analysis relating to the said area. The study reveals that there are certain laws with regard to right to water in Sri Lanka. Simultaneously, it also identifies that there are some policies on the right to water, even though they do not have any binding effect. Finally, the study concludes with a view that right to water under the Sri Lankan legal regime is unsatisfactory while providing recommendations to the said issue such as recognizing the right to water and sanitation as a self-standing right.