Abstract
Nigeria’s water sector is characterised by abysmal network coverage despite significant natural water resources potential. Most of the water sector reforms across the country encourage private sector participation in service delivery, to improve quality and efficiency. Early attempts at water privatization in Lagos State, a pioneer for water sector reforms in Nigeria, have met with stiff opposition from local water justice advocates, mostly on human rights grounds. Similar opposition has followed water reforms and privatization efforts in other parts of the country as well. Hence, this paper uses Lagos State as a case study to examine the prospects for the localisation of the human right to water within the context of private sector participation in the water sector. The findings suggest that: (a) private sector participation solely cannot account for the failure to localize the human right to water and the legal framework regulating the water sector plays an important role in determining the outcome; (b) the extant water sector law in Lagos State entrenches various forms of inequality in water access for personal and domestic uses; and (c) there is need for further legal reforms to elevate access to safe drinking water services beyond the contractual obligation on consumers to pay for services to a human right.
Highlights
The issue of the ideal economic model for the delivery of drinking water services is quite often conflated with the States’ obligations relating to the localisation of the human right to water
The findings suggest that: (a) private sector participation solely cannot account for the failure to localize the human right to water and the legal framework regulating the water sector plays an important role in determining the outcome; (b) the extant water sector law in Lagos State entrenches various forms of inequality in water access for personal and domestic uses; and (c) there is need for further legal reforms to elevate access to safe drinking water services beyond the contractual obligation on consumers to pay for services to a human right
In light of the foregoing, this paper addresses the research question: what are the implications of recent Lagos water sector reforms for the localization of the human right to water? Section 2 analyses the evolution and legal basis of the human right to water in Nigeria
Summary
The issue of the ideal economic model for the delivery of drinking water services is quite often conflated with the States’ obligations relating to the localisation of the human right to water. Since 2000, there have been at least 835 cases of transfer of the management of water services from the private sector back to public utilities in at least 45 countries around the world, on the grounds of human rights and democratic principles.[6] Lagos State in Nigeria makes a interesting case study for analysing the prospects for localizing the right to water through privatisation, being a pioneer state for water sector reforms in Nigeria as well as the commercial capital and industrial hub of the country which puts a demand on the water supply infrastructure. There is a need to balance the emphasis on market efficiency with inclusiveness and sustainability ethos which prioritise the drinking water needs of vulnerable population as a legal obligation of the state and private sector service providers. The privatisation of water services will remain at odds with the right to water
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