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Specific legal obligations
20.
The right to water, like any human right, imposes three types of obligations
on States parties: obligations to respect, obligations to protect and obligations to fulfil.
(a) Obligations to respect
21.
The obligation to respect requires that States parties refrain from interfering
directly or indirectly with the enjoyment of the right to water. The obligation includes,
inter alia, refraining from engaging in any practice or activity that denies or limits
equal access to adequate water; arbitrarily interfering with customary or traditional
arrangements for water allocation; unlawfully diminishing or polluting water, for
example through waste from State-owned facilities or through use and testing of
weapons; and limiting access to, or destroying, water services and infrastructure as a
punitive measure, for example, during armed conflicts in violation of international
humanitarian law.
22.
The Committee notes that during armed conflicts, emergency situations and
natural disasters, the right to water embraces those obligations by which States parties
are bound under international humanitarian law.20 This includes protection of objects
indispensable for survival of the civilian population, including drinking water
installations and supplies and irrigation works, protection of the natural environment
against widespread, long-term and severe damage and ensuring that civilians,
internees and prisoners have access to adequate water.21
(b) Obligations to protect
23.
The obligation to protect requires State parties to prevent third parties from
interfering in any way with the enjoyment of the right to water. Third parties include
individuals, groups, corporations and other entities as well as agents acting under their
authority. The obligation includes, inter alia, adopting the necessary and effective
legislative and other measures to restrain, for example, third parties from denying
equal access to adequate water; and polluting and inequitably extracting from water
resources, including natural sources, wells and other water distribution systems.
24.
Where water services (such as piped water networks, water tankers, access to
rivers and wells) are operated or controlled by third parties, States parties must
prevent them from compromising equal, affordable, and physical access to sufficient,
safe and acceptable water. To prevent such abuses an effective regulatory system must
be established, in conformity with the Covenant and this General Comment, which
20
For the interrelationship of human rights law and humanitarian law, the Committee notes
the conclusions of the International Court of Justice in Legality of the Threat or Use of
Nuclear Weapons (Request by the General Assembly), ICJ Reports (1996) p. 226,
para. 25.
21
See arts. 54 and 56, Additional Protocol I to the Geneva Conventions (1977), art. 54,
Additional Protocol II (1977), arts. 20 and 46 of the third Geneva Convention of 12
August 1949, and common article 3 of the Geneva Conventions of 12 August 1949.