HRWatSan Discussion

Discussion and feedback

Dr Nathan BUNDUTIDI, Blue Community Coordinator – ECC Kongo Central

Dear Roland,
Thank you once again for this global campaign initiative, which we fully support from the perspective of the Democratic Republic of the Congo and the Blue Community – ECC network.
I would however like to highlight an important specificity of the Congolese legal framework, which differs slightly from that of many other countries.
In the Democratic Republic of the Congo, the right of access to safe drinking water is already enshrined in the Constitution.
– Article 48 of the Constitution (2006, as amended in 2011) explicitly guarantees the right of access to drinking water, with modalities to be determined by law.
– In addition, Article 53 recognizes the right of every person to a healthy environment, which implicitly encompasses sanitation, public hygiene, and the protection of water resources.
At the legislative level, the DRC also has an advanced framework through the National Water Law (Law No. 15/026 of 31 December 2015), which:
– recognizes water as part of the common heritage of the Nation;
– regulates public water services;
– reaffirms the responsibilities of the State and public authorities for the sustainable and equitable management of water.
👉 The specificity of the DRC therefore lies not in the absence of legal recognition, but rather in:
significant gaps in effective implementation of constitutional and legal provisions;
insufficient enforcement, financing, and accountability mechanisms;
and above all, the lack of an explicit and autonomous constitutional recognition of the human right to sanitation, articulated at the same level as the right to water, in line with UN General Assembly Resolution 64/292.
In this context, the Blue Community campaign in the DRC is oriented less toward an initial constitutional recognition, and more toward:
– strengthening and operationalizing already recognized rights;
– explicitly aligning the Constitution with the integrated human rights approach to water and sanitation;
– reinforcing State accountability for the effective realization of these rights, particularly for vulnerable populations.
This approach, in our view, is fully consistent with the philosophy of the campaign, which aims not only at legal recognition, but above all at the transition from proclaimed rights to effective rights.
Kind regards,
Dr Nathan BUNDUTIDI, Blue Community Coordinator – ECC Kongo Central

Apphonse Yerdieou – Chad:

Thank you, Roland, for sharing this initiative. It’s a great opportunity for my country, Chad.
Thank you very much, and have a great start to the week.
Alphonse

Euphresia – RWSN Rural Water Supply Network:

Hi. Euphresia from RWSN here
Thank you for sharing the draft concept for the global campaign on the Human Right to Water and Sanitation (HRWatSan). The initiative is timely, normatively strong, and well aligned with global advocacy moments leading up to the 2026 UN Water Conference. To support constructive refinement, I would like to highlight several substantive gaps and areas where the concept could be strengthened to increase its legal credibility, political feasibility, and implementation impact.
1. From Recognition to Enforceable Implementation
The campaign strongly emphasizes constitutional recognition of HRWatSan but does not sufficiently address how this recognition translates into enforceable rights in practice. Constitutional inclusion alone does not guarantee justiciability, remedies, or implementation; particularly without enabling legislation, institutional clarity, budgetary commitments, and accountability mechanisms.
Key strengthening point:
Clarify that constitutional recognition must be accompanied by enforceability, HRWatSan normative standards (availability, accessibility, affordability, quality, non-discrimination, participation, accountability), sanitation-specific obligations, and clear pathways for legal and administrative enforcement.
2. Political and Legal Realism Across Country Contexts
The campaign adopts a universal call for constitutional change and a strong public-versus-private framing, which may limit political traction in diverse governance contexts. In many countries, constitutional reform is not feasible in the short term, and service delivery often involves regulated non-state or community actors, especially in rural areas.
Key strengthening point:
Adopt a more flexible, context-sensitive approach that recognizes multiple legal pathways (constitutional, statutory, judicial) and focuses on state obligation to regulate all providers in line with HRWatSan, rather than on ownership models alone.
3. Implementation, Accountability, and Local-Level Realities
The current concept focuses heavily on advocacy tools and global moments but lacks a clear theory of change, monitoring framework, and attention to decentralized and rural implementation realities. Without these, the campaign risks remaining symbolic rather than driving measurable change.
Key strengthening point:
Articulate how the campaign leads to concrete reform, identify political entry points, and introduce simple mechanisms to track commitments, progress, and accountability; explicitly addressing local authorities, rural services, sanitation, and community participation.
On the call to action also add knowledge networks, research and academic entities, this is everyone responsibility

Reply Roland Brunner: Dear Euphresia. Thank you for this valuable feedback. I am well aware of point 1. The website states:
“Enshrining water and sanitation in the constitution does not guarantee access to safe water and sanitation for everyone. The implementation depends on laws and their enforcement, the accountability of institutions, and the availability and allocation of financial means and human resources. But constitutional recognition creates a strong legal basis for defending access to clean water and sanitation in courts and shapes national water policy — offering a higher level of legal protection than statutory law alone.”
All the points you come up with are important and I would sign every single one of them. However, if we think about a global campaign, it is clear that the implementation varies from continent to continent, and from country to country, as also the current situation and therefore the challenges to address are different. This is also clearly stated in the draft (see “Here some first thoughts for such a campaign” in the Google doc).
My hope would be that each Blue Community implements the campaign in its own way, addressing the specific issue they face, under the common umbrella and claim. Hopefully, there could be common campaigns by Blue Communities and allies on a national level.
The specificities of a single country can be best addressed on a national level. But still it would be part of a much wider, global claim. How do you see the chances for RWSN to do this, eventually even taking a leading role?

Kolade Fadahunsi, Ecumenical Water Network / Blue Community coordinator Africa:

This is highly innovative and commendable.

Umo Isua-Ikoh PPDF Nigeria:

Highly commendable

Dr. Durmus Ünlü, Managing Director of the German Association of Public Water Utilities (AöW)

(excerpt) I have briefly read through the draft concept and think it is right to focus on human rights. Particularly when it comes to climate change, the focus tends to be on (commercial) solutions, with people being neglected. Private companies know how to exploit this to their advantage. That is why the initiative’s objectives are so relevant. In this respect, I agree with everything and am looking forward to seeing how it develops.

Manoranjan Mishra JRP Jeevan Rekha Parishad, Odisha, India

Dear Ronald. Good morning. JRP will be interested to organise such campaign in Odisha .The concept proposal is very interesting.

Marta Fischer, Blue University PUCPR, Brazil:

Pode contar comigo e com o grupo de pesquisa em Bioetica Ambiental.
(You can count on me and the Environmental Bioethics research group.)

Lucas Canestri, Blue University UFLA, Brazil

Regarding the global campaign for the right to water and sanitation, you can count on me. I will soon be appointed as a professor at the Federal University of Lavras, filling the position previously held by Professor José Roberto Pereira, who has retired. After my appointment, I will be able to work with my colleagues to develop these activities. Best regards.