CRITICAL ISSUES FOR THE 21ST CENTURY LAW AND DEVELOPMENT IN

REGARDS TO CLEAN WATER AND SANITATION.

BEING A SEMINAR PAPER PRESENTED BY

………

TO

…….. UNIVERSITY

ON THE …….. OF JULY 2023.

Table of Content
1
1. Abstract……………………………………………………………………………….…..3
2. Introduction………………………………………………………………………….….3
3. International and Institutional Frameworks on access
to Clean water and sanitation……………………………………………...………4
4. National and Institutional Frameworks on Access to
clean Water and Sanitation in Nigeria…………………………………...……...9
5. Critical challenges which have shaped the 21st
century discourse concerning access to clean
water and environmental sanitation……………………………………………13
6. Recommendations ……………………….………..…………..17
7. Conclusion ……………………………………………………….18

Abstract.

2
 When it comes to health and wellness initiatives. access to clean water,
sanitation, and hygiene has always been a focal point of discussion amongst
people in society, Nigeria, and the world at large. The provision of clean water
and sanitary environments are generally seen as low-hanging issues that can be
easily dealt with in terms of environmental protection, and ensuring global
health. The provision of clean water and a sanitized environment is the subject of
numerous international agreements, protocols, conventions, local laws, and
regulations. This paper highlights the critical issues that this plethora of laws are
not addressing. Furthermore, the presenter argues that one of the major issues
affecting the provision of clean water and sanitation in developing countries is
climate change and lack of funding. Moreso the Nigerian Legal regime on the
provision of Clean water and sanitation does not adequately capture and address
the complexities of emerging global challenges to the provision of clean water
and sanitation in light of critical issues like climate change and toxic
environmental pollution. The paper is concluded with recommendations for
improvement.

1.0 Introduction.
Access to clean water and a sanitized environment has been defined as a bedrock of a
thriving human society, without clean water and access to a sanitized environment, it is
believed that there can be no development in a given society, as such deprived society will
always have to treat infections and water-borne diseases while having to contend with low
agricultural output which can translate into famine 1.
Efforts by International Organizations and member nation-states to ensure access to clean
water and a sanitized environment have not particularly yielded the desired results; most
especially in rural areas of developing countries where the world's poorest live.
An Organ of the United Nations, the United Nations International Children's Emergency
Fund (UNICEF) estimates that globally, about 1.42 billion people, including 450 million
children, live in places with extremely high-water vulnerability and lack of access to potable
water in 20212. The report further provided the insight that 1 in 5 children all over the globe
lack access to enough water for their daily basic needs. With specific reference to Nigeria,
the report further stated that in Nigeria 1 in 3 children do not have access to potable, clean
water, and while around 70% of Nigerians were said to have had access to basic water

1
Adewumi, A.A. (2010). The Regulation of Water Resources in Nigeria: Law and Policy. PETROLEUM, NATURAL
RESOURCES AND ENVIRONMENTSAL LAW JOURNAL. [online] Available at: https://www.academia.edu/35317445/
The_Regulation_of_Water_Resources_in_Nigeria_Law_and_Policy .
2
2 United Nations Children’s Emergency Funds (UNICEF) Press Release, Nearly one third of Nigerian children do
not have enough water to meet their daily needs, (22 March 2021) https://www.unicef.org/nigeria/press
releases/nearly- one-third-nigerian-children-do- not-have-enough-water-meet-their dailyneeds#:~:text= Although
%20about %2070%20per%20cent,available%20to%20a%20Nigerian% 20daily. accessed 15 July 2023

3
services in 2021, more than half of these water sources were reportedly polluted and not
sanitized, with children and women disproportionately affected 3.
Also In 2018, The Nigerian Federal Government, through the Federal Ministry of Water
Resources; discovered that many parts of the country struggled with high levels of water-
borne diseases traceable to poor sanitation practices especially open defecation, during an
evaluation of the action plan to end open defecation by 2025 which was launched in 2016 4
Lately, there has been a trend of demand by international Organizations and relevant
stakeholders, mandating nation-states to codify rights to clean water and a sanitized
environment as human rights in all countries of the world 5.
The proposed human right to water and sanitation is expected to ensure that everyone,
without exception, has the right to enough water for personal and household use that is safe,
acceptable, physically accessible, and inexpensive. With regards to sanitation, everyone is
expected to have the right to access sanitation that is without discrimination, safe, hygienic,
secure, socially and culturally acceptable, and that ensures privacy and dignified treatment.
The rights to water and sanitation come with responsibilities, both immediate and
progressive, much like all socioeconomic rights. While a state's obligations to safeguard and
uphold human rights primarily apply to those living on its soil, obligations for states to do
so in other countries are becoming more widely accepted under international law.
2.0 International and Institutional Frameworks on Access to Clean Water and
Sanitation.
There have been joint, and multiple efforts by different countries and relevant international
Organizations like the United Nations, The Office of the Commissioner for Human Rights,
The African Development Bank, the African Union, the Economic Commission for Africa,
The World Bank, and other relevant agencies in creating frameworks, project initiatives and
templates which nation states can work with to ensure access to Clean water and a sanitized
environment for their citizenry.
Internationally coordinated initiatives relating to increased access to clean water and
sanitized environment have a rather long history, dating back to 1976 6. At present, a sizable
portion of the total funding for Clean Water and Sanitation services in the developing
nations of the world comes from development assistance from multilateral development co-

3
Gbadegesin, O. A. and Akintola, S. O. (2020). A Legal Approach to Winning the ‘Wash’ War in Nigeria. European
Journal of Environment and Public Health, 4(2), em0043. https://doi.org/10.29333/ejeph/8237.
4
Okpasuo, J., Okafor, F. C. and Aguzie, I. (2018). Effects of household drinking water choices, knowledge, practices
and spatio-temporal trend on the prevalence of waterborne diseases in Enugu Urban Nigeria. International
Journal of Infectious Diseases, 73(Supplement), 225. https://doi.org/10.1016/j.ijid.2018.04.3926
5
Ibid
6
Brown, C. and Heller, L. (2017). Development cooperation in water and sanitation: is it based on the human
rights framework? Ciência & Saúde Coletiva, 22(7), pp.2247–2256. doi:https://doi.org/10.1590/1413-
81232017227.04872017.

4
operations7. Additionally, practices in development cooperation have established a standard
of conduct in this area, not just for funders but also for partner nations' governmental
institutions8. The listed following at one point or the other have constituted efforts and
frameworks for the provision of Clean Water and Sanitation on the global stage.
i. International Covenant on Economic, Social and Cultural Rights (ICESCR). The
United Nations, a committee of 194 member countries, through its general assembly,
have always clamored for the right of the most vulnerable in the world access to clean
water and Sanitation. The right is recognized in Article 11 of the International Covenant
on Economic, Social, and Cultural Rights (ICESCR) and was passed by a resolution on
28th July 20109,

The Committee on Economic, Social and Cultural Rights (CESCR), in interpreting the
section, defined the right to water as “the right of everyone to sufficient, safe,
acceptable, physically accessible and affordable water for personal and domestic uses. 10
it is important to however state that the right to sanitation did not get as much attention
as water in the ICESCR, However, human rights obligations related to access to
sanitation, most especially concerning the marginally oppressed population are now
internationally recognized and accepted.

ii. Sustainable Development Goals Part 6 The United Nations (UN) developed the
Sustainable Development Goals (SDGs), in 2015. Sustainable development goals are a
group of 17 global objectives to address many social, economic, and environmental
issues. The Sustainable development goal builds on the Millennium Development
Goals (MDGs) by providing a framework for international action. Part 6 of the SDG
goals specifically deals with Access to safe water, sanitation, and hygiene 11.

Stakeholders are of the unwavering opinion that access to safe water, sanitation, and
hygiene is the most basic human need for health and well-being 12. Part 6 of the SDG
targets the year 2030 as the year for achieving universal and equitable access to safe

7
Ibid.
8
Ibid.
9
OHCHR. (n.d.). OHCHR | About water and sanitation. [online] Available at: https://www.ohchr.org/en/water-
and-sanitation/about-water-and-sanitation#:~:text=OHCHR%20and%20the%20rights%20to%20water%20and
%20san- ita -tion. Assessed on 15 July 2023.
10
U.N. Doc A/HRC/6/4 (July 5, 2007), pages 6-9. 5 International Covenant on Economic, Social and Cultural Rights,
6 I.L.M. 368 (1967
11
https://www.un.org/sustainabledevelopment/water-and-sanitation/#:~:text=Goal%206%3A%20Ensure
%20access%20to%20water%20and%20sanitation%20for%20all&text=Access%20to%20safe%20water%2C
%20sanitation,in%202030%20unless%20progress%20quadruples.
12
Nadar, K. (2016). Can Nigeria achieve ODF with Business as Usual? Presented at the National CLTS Conference
and Launch of ODF Roadmap from Nigeria, 22nd November 2016. Available at:
http://www.communityledtotalsanita tion.org/sites/communityledtotalsanitation.org/files/Can_
Nigeria_achieve_ODF_with_business_as_usual.pdf (Accessed: 15 July 2022).

5
 and affordable drinking water for all; achieving access to adequate and equitable
sanitation and hygiene for the Global Populace, and ending open defecation.

Part 6 of the sustainable development goals seeks to achieve water quality by

minimizing pollution, shrinking waste dumping, and diminishing the release of
hazardous chemicals and materials into water sources. The goal is to halve the size of
untreated wastewater, aggressively encourage water recycling and safe reuse globally,
substantially increase water-use efficiency across all sectors and make certain,
sustainable withdrawals and supply of freshwater to address water scarcity and
substantially reduce the number of people suffering from water scarcity 13

iii. The World Health Organization (WHO); The World Health Organization is a
Multilateral agency of the United Nations charged with ensuring Global Public
Health14. The WHO's main aim is to promote Global Health Initiatives, coordinate
reactions to Global health emergencies, and lead worldwide efforts in combating
pandemics and disease breakouts. In a bid to promote clean water and Sanitation, the
World Health Organization launched the Water, Sanitation, and Hygiene (WASH)
Program, the WHO's WASH program focuses on promoting access to safe drinking
water, adequate sanitation facilities, and improved hygiene practices. It collaborates
with governments, non-governmental organizations, and other partners to develop
policies, guidelines, and strategies for WASH interventions.

The WHO also works on monitoring and reporting progress towards achieving global
water and sanitation targets. It collects data on water quality, sanitation coverage, and
hygiene practices to assess the status and trends, identify gaps, and inform policy and
decision-making processes. WHO develops evidence-based guidelines and standards to
guide countries in implementing effective water and sanitation interventions. These
guidelines cover various aspects such as drinking-water quality, wastewater
management, sanitation facilities, and hygiene practices.

iv. The World Bank. The World Bank is the Financial Arm of the United Nations, and it
funds projects which are designed to eradicate poverty and advance the cause of
improving the standards of living for everyone globally. With Specific regards to
availability of Clean Water and Sanitation, the World bank engages in a number of
initiatives, for example, The Global Water Security & Sanitation Partnership (GWSP)
and the 2030 Water Resources Group (2030 WRG) are both initiatives focused on
addressing water-related challenges and promoting sustainable water management 15.

13
Ibid
14
Ibid.
15
https://www.worldbank.org/en/programs/global-water-security-sanitation-partnership accessed on 15th July
2023.

6
 The Global Water Security & Sanitation Partnership is a multi-donor trust fund housed
at the World Bank. Its primary objective is to support countries in achieving water
security and sanitation goals. The partnership works towards strengthening water
security through collaborative efforts, knowledge sharing, and innovative approaches. It
provides technical assistance, funding, and capacity building to governments, civil
society organizations, and other stakeholders to promote sustainable water management
and improve access to safe water and sanitation services. The Word Bank engaged in
this partnership with the Nigerian Government under the code name National Urban
Water Sector Reform Program (NUWSRP),

This partnership enabled the Nigerian Government construct over 2,300 Water centers
for it’s citizenry , and 6,546 sanitation and hygiene facilities across the country; the
project and partnership aided the certification of a total of 33 Local Government Areas
within nine states of Nigeria as Open Defecation Free (ODF) 16.

2030 Water Resources Group (2030 WRG): The 2030 Water Resources Group is a
public-private-civil society partnership established in 2008. It operates as a platform for
collaboration and knowledge exchange, aiming to help countries achieve water security
and sustainability. The group works towards facilitating dialogue among stakeholders
and developing integrated water resources management solutions. It focuses on
promoting sustainable water governance, water-use efficiency, and inclusive
approaches to water management. The 2030 WRG engages with governments,
businesses, and civil society organizations to address water challenges and achieve the
water-related targets of the Sustainable Development Goals (SDGs). Both the GWSP
and the 2030 WRG play significant roles in advancing global water security and
sanitation objectives. They collaborate with diverse stakeholders to promote sustainable
practices, innovative technologies, and policies that address the water challenges faced
by countries around the world.
V. African Union; The African Union plays a significant role in ensuring availability of
clean water, Sanitation and Hygienic environment to the African continent, The African
Union through the auspices of African Commission on Human and Peoples’ Rights
(ACHPR)17, created guidelines for right to water as a human right, The Guidelines was
passed in July 2019, at the 26th Extraordinary session of the committee 18.
The Guidelines seek to educate the general public about the obligations States have,
with regards to the right to water and provide a course of action for States to fulfill
16
Ibid.
17
ACHPR was set up under the African Charter for the purpose of expanding and facilitating the enforcement of
charter through collaborations with member governments of the AU.
18
IJRC. “African Commission Adopts Guidelines on the Human Right to Water.” International Justice Resource
Center, 8 July 2020, ijrcenter.org/2020/07/08/african-commission-adopts-guidelines-on-the-human-right-to-
water. Accessed 16 July 2023.

7
 those obligations. The ACHPR Guidelines offer a thorough, human-rights-based
strategy to guarantee access to safe, affordable, and sufficient water. They do this by
drawing on their legal precedent, earlier resolutions, reports from UN special
rapporteurs, and General Comment No. 15 of the UN Committee on Economic, Social,
and Cultural Rights19.
Furthermore, the African Union, in a collaborative effort with the African Development
Bank, and the Economic Commission for Africa, in year 2000, created the Africa Water
Vision 202520. The Policy was targeted at establishing a transition towards: ‘An Africa
where there is an equitable and sustainable use and management of water resources for
poverty alleviation, socio-economic development, regional cooperation and the
environment by 202521’ This Policy document highlighted the problem of accessibility
to clean portable water by Africans, and initiatives to tackle same.
The Consensus among stakeholders and international observers is that the African
Water Vision has been limited in its successes, due to the over-concentration of its
initiatives in it Urban Areas as against rural areas where it’s impact is more needed. 22
3.0 National and Institutional Frameworks on Access to Clean Water and Sanitation in
Nigeria.
Nigeria historically had weak frameworks and regulations on protection of water supply and
sanitized environment, the administration of environments was initially largely left to
fragmented community efforts in different rural parts of the country, where decisions about
water protection and environmental sanitation were largely left to the local chiefs, chiefdom
and also largely determined by local custom23.
This was the situation until the illegal dumping of hazardous garbage by an Italian
company, Giani Franco Rafaeli, at Koko Town in the old Bendel State in 1988. The health
consequences of the environmental pollution instantly heightened the environmental
awareness in Nigeria. The unpleasant event, goaded the federal government of Nigeria into
Swiftly passing a number of environmental legislation. This Included the Harmful Waste

19
Supra.
20
Water, Un, and Africa. The Africa Water Vision for 2025: Equitable and Sustainable Use of Water for Socio
economic Development in Africa by Economic Commission for Africa, African Union, African Development Bank.
2004. Accessed 16 July 2023
21
Kristin Mutschinski, Neil A. Coles; The African Water Vision 2025: its influence on water governance in the
development of Africa's water sector, with an emphasis on rural communities in Kenya: a review. Water Policy 1
August 2021; 23 (4): 838–861. doi: https://doi.org/10.2166/wp.2021.032
22
Ibid
23
Understanding Environmental and Sanitation Laws in Nigeria: Being a paper presented at the 2021 Virtual
Refresher Course for Magistrates Organized by the National Judicial Institute, Abuja, from 27th to
29th April, 2021 By Hon. Justice Cyprian O. Ajah, Ph.D accessed at
https://nji.gov.ng/wp-content/uploads/2021/12/Understanding-Environmental-and-Sanitation-Laws-in-Nigeria-
by-Hon.-Justice-C.-O.-Ajah.pdf on 16th July 2023.

8
(Special Criminal Provision etc) Decree, which is now an Act, by reason of section 315 of
Constitution of the Federal Republic of Nigeria, 1999 (as amended) 24
Consequently, The Nigerian state has enacted several laws, established various agencies and
formulated several policies geared towards access to clean water and sanitation in Nigeria.
i. The Constitution of The Federal Republic of Nigeria 25. The Constitution is the
Grundnorm upon which all other laws in Nigeria derive their validity. Section 20 of the
constitution, though non-justiciable, recognizes the right of Nigerians, by imposing an
obligation on the Nigerian Government to protect and preserve the environment,
wildlife and water resources for the benefit of the citizenry.

Section 12 also gives the National Assembly the power to domesticate international
treaties, relying on which, several international conventions and treaties relating to
provision of water and sanitation, like the African Charter on Human and peoples right
were domesticated as part of Nigerian Laws.

ii. Water Resources Act26 The Nigerian Water Resources Act seeks to increase the
quantity and quality of water resources. The sections listed below are relevant: for
example, section 5 and 6 of the Act grants the relevant authorities like the Federal
Ministry of Water Resources, the power to make regulations for the prevention of water
pollution in order to protect fisheries, flora, and animals.

Violators of the law against pollution will be subject to a fine of no more than N2,000
or a six-month jail sentence. Additionally, offenders would be required to pay a N100
daily fee for the duration of the offense27.

iii. The National Environmental Standards and Regulation Agency (NESREA) Act 28.
The Act is administered by the Nigerian Federal Ministry of Environment. The Act
criminalizes actions that reduce air quality in a given locality. This is done to protect
public health and welfare as well as the growth and productivity of the country's people,
animals, plants, and marine life.

Any person who violates the act faces a maximum sentence of one year in jail, a fine of
N50,000, Where the offence is a continuing offence, an additional fine of N20,000 per
day the infraction continues. If a body corporate commits an offence of discharging

24
Ibid
25
1999, As amended
26
CAP W2, LFN 2004
27
Section 18 of the Law
28
2007, CAP W4, LFN 2004

9
 hazardous wastes into rivers and the environment, such an organization would be
subject to a fine of up to N2,000,000 or a daily fine of up to N50,000 29.

The NESREA act established The National Environmental Standards and Regulations
Enforcement Agency, and gives it powers to prescribe offenses related to noise
pollution, effluents, and the discharge of hazardous wastes as illegal, the obligation of
the agency covers a broad spectrum of the nation's environment, including air, water,
land use, stratosphere or atmosphere or the ozone, conservation of natural resources,
and other aspects of sustainable development, with the exception of problems affecting
the oil and gas sector30.

iv. Oil in Navigable Water Act31. This Act was enacted in order to bring to life, Nigeria's
commitment to execute the conditions of the 1954–1962 International Conventions for
the Prevention of Pollution of the Sea by Oil and to establish such prevention in
Nigeria's navigable waterways32. Nigeria ratified the convention on April 22, 1968. The
Act establishes anti-pollution-related offenses for the protection of the marine eco
system against pollution by oil.

Section 3 is especially important to note in that, it forbids the discharge of any oil or
mixture containing oil into Nigerian seas from any location on land or from any device
used to transfer oil to or from any vessel whether to or from a location on land or on the
seas.

v. The Harmful Waste (Special Criminal Provision Etc) Act 33 This act was enacted in a
swift response to the disposal of hazardous waste in Koko town of Old Bendel state in
1988. The Act prohibits the contract for dumping of Hazardous waste in any part of
Nigeria. The Act provides for a sentence of Life imprisonment for which ever person
dumps toxic waste and chemicals into the country 34. Additionally, the Federal
Government shall have powers to confiscate ownership of any carrier used in the
importation or transportation of hazardous waste into the country as well as any area on
which it is abandoned or deposited.
The act defines, "harmful waste" to be any chemical that poses a danger of death,
serious injury, or irreversible damage to one's physical or mental health and is harmful,
poisonous, toxic, or noxious35.

29
Section 27
30
Ibid.
31
CAP 06, LFN 2004
32
Ibid
33
CAP H1, LFN 2004
34
Section 6
35
Section 15

10
vi. The Environmental Impact Assessment Act 36 The Environmental Impact Assessment
Act provides protection for the environment and guarantees clean water and
environmental sanitation through an evaluation of the potential effects of a proposed
project on the environment.

Before the commencement of a project, especially for businesses operating in the

petrochemical industry, all corporate entities must follow the law's provisions. This is
crucial in order to quickly assess how the planned project will affect both human and
animal existence in terms of the environment. For instance, environmental impact
assessments (EIAs) can guarantee that any potential negative or harmful effects of
industrial processes, construction, and town planning development projects should be
addressed before the project is launched. It guarantees that such projects be consistently
followed up on even after they have been completed.

vii. The Federal Ministry of Environment and Federal Ministry of Water Resources.
These are the ministries saddled with the responsibility of enforcing the various
environmental laws in Nigeria. They are responsible for overseeing the various
agencies established by the various acts which they oversee. The Federal Ministries
oversee the partnerships between the Nigerian Government and all relevant
international development agencies with regards to provision of clean water and
hygienic environment for the citizenry.37

For example In line with the Sustainable Development Goals, The Nigerian Federal
Government through the Federal Ministry of Environment formulated and implemented
the National Action Plan (NAP) on access to clean water and hygiene, a 13-year plan
for revitalizing Nigeria's water supply, sanitation, and hygiene (WASH) sector, the plan
aims to ensure that everyone has access to sustainable and securely managed WASH
services by 2030 in line with the sustainable development goal.
4.0 Critical Challenges which have shaped the 21st Century Discourse Concerning
Access to Clean Water and Environmental Sanitation.
The Consensus among International development agencies and nation-states in the discourse
about access to clean water and sanitation services is that the world is yet to achieve its aims
of providing clean water and Hygiene to the world's most vulnerable. A list of identified
critical issues is as follows.
i. Climate Change and Access to Clean Water and Sanitation; In most peer-reviewed
scientific research publications, there is no longer any debate on the existence of
anthropogenic (i.e., caused or generated by humans) climate change, as it is firmly
36
CAP E12, LFN, 2004
37
Balogun, Olajumoke & Redina, Margarita. (2019). Water supply regulation in Nigeria: problems, challenges,
solutions and benefits. RUDN Journal of Ecology and Life Safety. 27. 65-81. 10.22363/2313-2310-2019-27-1-65-81.

11
 believed that Climate Change is primarily caused by the economic activities of
Humans38.

Consequently, stakeholders posit that water availability plays a major role in how
climate change affects people and the environment. While there will be significant
pressures on access to water as a result of climate change, it is not thought to be the
most significant driver of these pressures outside the water industry. According to the
U.N39., demographic shifts; like Rural to Urban Migration and the increased spending
that comes with rising per capita incomes are the two most significant drivers or forces
that drive low availability of water,
Consequentially this poses a unique challenge to the efforts in changing the status quo
regarding access to water for the world's most vulnerable. With regards to sanitation,
sanitation, and hygiene are seen as more resistant to the effects of climate change 40,
How climate change affects the right to clean water and hygiene is highlighted below

Availability of water resources

Climate change is considered to have an impact on the availability of water resources,
for example, The World Health Organisation(WHO) 41 recommends 20 liters of water
for each person’s needs daily, However with the depletion of freshwater sources
through drought, particularly in Northern Africa and the middle east, less and less water
becomes available for citizens, which translates to rationing the water resources that are
available for consumption. This further leads to stiff competition for the uses of water,
either for consumption purposes or agricultural purposes.

Hygiene is then believed the take the back seat when it comes to uses for water.
Furthermore, the rising temperature, means the sea level rises and causes flooding
which is believed to contaminate freshwater sources.

Quality of water sources and sanitation

In addition to spreading human waste and its contaminants, it is belived that floods and
droughts which are effects of climate change, will make several types of water pollution
worse, including sediments, nutrients, organic carbon, diseases, and pesticides.
associated health hazards in all residential areas and communities 42.

38
UNWWDR 2009 at 14, and Chapters 2 & 5 esp. pp.68-76
39
Ibid
40
Ibid
41
See e.g. WATER AND POPULATION DYNAMICS: CASE STUDIES AND POLICY IMPLICATIONS (Alex de Sherbinin &
Victoria Dompka eds., 1998), accessed on the 16th July 2023
42
United Kingdom Department for International Development (DFID) and the World Health Organisation
(WHO), “Vision 2030: The Resilience of Water Supply and Sanitation in the Face of Climate Change” (2009) at
17 & 27. In drying environments, there will be little impact on latrine functioning and decreasing risks of
groundwater pollution.

12
 Experts concluded that projecting that there will be Increased salinization of
groundwater due to sea level rise, which will have a significant negative impact on
public health, As a result, there will be more bacteria and fungi present in water
sources, and algal blooms will be encouraged. Ecosystems, human health, the
dependability of water systems, and their running costs will all suffer as a result 43.
These factors are dangerous to public health. Flooding and infrastructure deterioration
brought on by severe weather conditions could harm sanitation systems, stopping
services and worsening the situation.

Discriminatory Impacts of Climate Change.

Experts posit that climate change will amplify the uneven risk distribution, shifting the
effects of disasters more against the underprivileged groups in developing nations. 44
According to a recent quantitative study on the effects of disasters on people, "countries
with high levels of income inequality experience the effects of climate disasters more
profoundly than more equal societies.45

Climate change consequences, according to the OHCHR, "will be felt most acutely by
those segments of the population who are already in vulnerable situations due to factors
such as poverty, gender, age, minority status, and disability. 46 In the cities of developing
countries, an estimated 1 billion people reside in informal settlements, many of which
are located in risky regions.

ii. Rapid Urbanization. One of the main issues shaping the discourse of access to clean
water and hygiene is the rapid urbanization happening in cities beyond the capabilities
of these cities47.
Lots of Young persons move out of rural settlements to urban settlements in hopes of
better economic opportunities for themselves. This is believed to lead to an
unsustainable rise in freshwater consumption in urban areas coupled with insufficient or
nonexistent sanitation infrastructure.

iii. Lack of Financial Capacity to Execute Projects. Executing projects that guarantee
access to clean water and a Hygenic environment requires a humongous amount of
financial commitment on the part of member states and donor Organisations.
43
Ibid
44
Global Assessment Report on Disaster Risk Reduction (2009): Risk and poverty in a changing climate. Invest
today for a safer tomorrow, p. 4
45
UNITED NATIONS DEVELOPMENT PROGRAM, HUMAN DEVELOPMENT REPORT 2007/8, FIGHTING CLIMATE
CHANGE: HUMAN SOLIDARITY IN A DIVIDED WORLD (2007), at p. 80, citing Intergovernmental Panel on Climate
Change, Climate Change 2007: Fourth Assessment Report (Susan Solomon et. al., eds., 2007)
46
United Nations Office of the High Commissioner for Human Rights, Report on the Relationship Between Climate
Change and Human Rights, U.N. Doc. A/HRC/10/61 (Jan. 15, 2009)
47
“Migration and Water | Environmental Migration Portal.” Environmentalmigration.iom.int,
environmentalmigration.iom.int/migration-and-water.

13
 One potentially significant component of an "enabling environment" for human rights
to water and sanitation is improving official aid flows and financing for climate change
mitigation and adaptation. According to paragraph 5 of the Copenhagen Accord 48,
wealthier nations are required to "provide adequate, predictable and sustainable
financial resources, technology and capacity building" to assist developing nations in
coping with climate change.

In addition, clause 8 of the protocol states that "Scaled up, new and additional,
predictable and adequate funding, as well as improved access, shall be provided to
developing countries" to aid in capacity-building, knowledge transfer, technological
development, and mitigation.

Even though at the Copahagen Protocol summit in 2009, a commitment of $100 Billion
per year in aid was made by the wealthy countries in support of the developing
countries in their fight against climate change for the ultimate purpose, amongst other
things, of providing clean water and a Hygenic environment, The sum of $83 Billion
was released in aid in 2020 thereby leaving a shortfall of $17 Billion 49. While this is an
improvement from the years before, the funding gap still needs to be closed

Additionally, as was previously said, certain legal responsibilities related to economic,

social, and cultural rights (such as the rights to water and sanitation) must be fulfilled
within the framework of international cooperation. Whenever States, which are unable
to meet their obligations due to legitimate resource constraints seek international
assistance, The international community has to respond in these situations, whether
bilaterally or collectively, through aid, the provision of water or sanitation resources,
financial and technical assistance, or other appropriate measures. This will increase the
chances of countries meeting their set targets of providing clean water and sanitation to
their citizenry.

iv. Weak Institutional Framework and Manpower Technical knowhow

A critical challenge that needs to be addressed at the international level is the non-
bindingness of most of the agreements and protocols on the provision of clean water
and sanitation.
A lot of the international covenants and treaties can at best be referred to as guidelines,
expected obligations, and duties of each signatory to the covenants. Nigeria for instance
requires domestication, before an international treaty can obtain the force of the law 50
A lot of the international agreements and protocols lack enforcement mechanisms.
48
The Copahagen accord is a continuation of the Kyoto Protocol on Climate Change
49
“Climate Finance and the USD 100 Billion Goal - OECD.” Www.oecd.org,
www.oecd.org/climate-change/finance-usd-100-billion-goal/.
50
Section 12 of the 1999 Constitution

14
 While the technical know-how is limited to the developed countries. with specific
regards to Nigeria, one of the critical issues constituting a challenge in the discourse for
law and development with regards to the provision of clean water and sanitation are
outdated laws, which prescribe paltry fines for the commission of environmental
offenses.

Furthermore, there is a lack of technical know-how on the implementation of some of

the newest technological advancements, most especially in the aspect of sanitation. This
has led to calls for knowledge transfer from advanced countries to developing
countries51.

6. Recommendations
i. Increased Knowledge Transfer; For an expedited move towards achieving the set goals
of clean water and sanitation for persons without access, knowledge transfer of
technical know-how, most especially in the aspect of sanitation must be done in real-
time. With the advent of the internet and real-time communication devices, this can be
achieved.
ii. Increased Funding Support for Developing countries. Developed countries during the
Copenhagen Accord in 2009 committed $100 Billion annually towards fighting climate
change. Climate change has been identified earlier as one of the impediments to the
goals of providing Clean Water and Sanitation to the citizens of developing countries
who are disproportionately affected by climate change. As noted earlier, the report
from OECD on climate finance initiatives shows a shortfall of 17% which has greatly
hampered the capacity of developing countries to meet the targeted goals
iii. Review of the Outdated Environmental Laws for increased Efficiency. With
specific regard to Nigeria, some of the Laws are outdated. The fines prescribed for
environmental offenses have been eroded by inflation. For example, the water resources
act prescribed a fine of N200 for offenses that are committed in contravention of the
law. All these and more need to be updated to reflect the current economic realities.
Furthermore, our laws need to be upgraded to capture and address the complexities of
emerging global challenges to the provision of clean water and sanitation like climate
change and toxic environmental pollution.
Iv. Increased Awareness Campaign And Local Participation. Without educated
community participation in the initiatives for sanitation, achievements will be meager
and progress will be slowed. For increased results regarding community initiatives for
sanitation and the provision of clean water, there must be increased awareness and
community participation in the maintenance of deployed facilities.

51
ibid

15
v. Recognition of the right to Clean water and Sanitation as a fundamental right. A
current trend adopted by various developed countries is the recognition of the right to
Clean Water and sanitation as a Human Right. This helps in imposing obligations on
states to as a matter of urgency, provide clean water and sanitation for their citizens.
6. Conclusion.
It is impossible to overstate the value of access to clean water, and an efficiently sanitized
environment. Clean water systems that are effectively planned and run are crucial for
ensuring public health, thereby increasing the quality of the water which is consumed by the
citizens.
On the international level, there must be support for emerging economies to develop
initiatives to tackle the lack of access to clean water and a sanitized environment, finally, all
hands must be on deck to tackle the humongous problem of climate change, as that is the
major emerging impediment to the process of achieving the 6 th sustainable development
goal.

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