The Right to Water Amid Crises, Water Stress, and Climate Change: A Comparative Study Between Morocco and Other Countries

The Right to Water Amid Crises, Water Stress, and Climate Change: A Comparative Study Between Morocco and Other Countries

Abdessamad Khouya, Ph.D.,

Faculty of Arts and Humanities, Saïs, Fez, Morocco

Abstract   

Water issues have become one of the most debated topics in various international forums, because there are many people cannot have  access neither  to clean drinking water, nor to sanitation facilities. For this reason, the right to clean water has become more important like the other rights that are enshrined in the international human right conventions, such as right to life, right to health, right to a healthy environment and right to physical integrity.

The problem of water does not lie in it scarcity. It lies in its sensitiveness because of the climate changes. In this context, we are going to show the right to clean water through the international and local conventions. Also, we will study some national laws relating to this subject under study .In addition, we will clarify the effects of climate changes and human interventions to implement this right in Morocco.

Keywords: right to water – climate changes – Morocco – conventions – laws.

1. Introduction:

Water-related challenges have transcended local boundaries to become a central focus of global discourse. An alarming 884 million people worldwide lack access to clean drinking water sources, while approximately 2.5 billion are deprived of basic sanitation facilities (UN Committee on Water; WHO/UNICEF, 2017). These stark figures underscore the fundamental importance of water as a human right, equal in significance to other rights enshrined in international conventions, including the right to life, health, a clean environment, and physical safety (Gleick, 1998).

The 2020 United Nations report reveals that over 2.2 billion people globally lack access to safely managed drinking water services, while around 4.2 billion are without safely managed sanitation facilities (UN, 2020). Tragically, diseases linked to unsafe water claim the lives of nearly 297,000 children under the age of five annually (WHO, 2019). Compounding this crisis, recent studies show that approximately 1.8 billion people depend on water sources contaminated with fecal matter (Bain et al., 2014).

Water challenges extend far beyond scarcity. The importance of this critical resource lies in its sensitivity to climate change, affordability, and quality—factors essential for ensuring a dignified life. These issues are further magnified by mounting socio-environmental pressures, including rapid urbanization, escalating pollution, climate variability, and the depletion of water resources (Bates et al., 2008). According to World Bank projections, nearly 40% of the global population will face severe water shortages by 2030 (World Bank, 2016). This pressing reality demands urgent global action to secure equitable access to water and sanitation services as a matter of human rights. Denying individuals this fundamental right disrupts their lives, forcing them into daily struggles to secure water, which in turn undermines their access to other rights such as education, health, and economic opportunity (UN Committee on Economic, Social, and Cultural Rights, 2002).

In 2002, the UN Committee on Economic, Social, and Cultural Rights formally acknowledged the right to water through General Comment No. 15, recognizing it as indispensable for human survival and dignity. Four years later, the Sub-Commission on the Promotion and Protection of Human Rights introduced detailed guidelines for realizing the right to drinking water and sanitation (UN Sub-Commission on the Promotion and Protection of Human Rights, 2006).

Morocco has demonstrated a commendable commitment to integrating a rights-based approach to water management, reflecting its alignment with international human rights standards. Article 31 of its 2011 Constitution explicitly guarantees citizens access to basic social services, including water, while its updated Water Law reinforces this commitment through robust legal frameworks. Moreover, Morocco’s ratification of four key human rights conventions in 1993—covering women’s and children’s rights, the fight against torture, and the rights of migrants—further cements its position as a regional leader in human rights advocacy. These measures underscore Morocco’s proactive role in addressing water-related challenges as part of a broader commitment to sustainable development and human dignity.

1. Problem Statement:

How can the right to water, recognized as a fundamental human right, be ensured in the face of increasing challenges such as water scarcity, climate change, and pollution, and their significant impact on social and economic conditions, particularly in Morocco? What mechanisms can ensure the realization of this right within the framework of international and regional treaties, in addition to national commitments?

• Hypotheses:
• First Hypothesis: The right to water as a human right in Morocco can be realized through the strengthening of national legislation in alignment with international human rights and water-related treaties, with a focus on integrating this right into public policies and daily practices.
• Second Hypothesis: Climate change and environmental pollution directly impact water availability and quality in Morocco, exacerbating the water crisis and making the realization of the right to water more challenging, given Morocco’s specific water challenges.
• Third Hypothesis: Enhancing cooperation between national institutions and international organizations can contribute to providing innovative and sustainable solutions to ensure equitable access to safe drinking water and health services, within the framework of human rights.
• Fourth Hypothesis: Population growth and rapid urbanization in Morocco will place additional pressures on water resources, necessitating the development of comprehensive strategies for water management to ensure balanced and fair distribution across various population groups.
• Questions:
• How can the right to water be integrated into national and international policies to ensure equitable access to safe drinking water in Morocco?
• What are the direct impacts of climate change and pollution on the availability and quality of water in Morocco?
• How can international and regional agreements contribute to strengthening the implementation of the right to water in developing countries such as Morocco?
• What social and economic challenges does Morocco face in achieving the right to water in a sustainable manner?
• What role can national and international initiatives play in mitigating the water crisis through the development and implementation of innovative water management technologies?
• How can collaboration between various local and international actors contribute to improving access to safe drinking water in Morocco?
• What long-term strategies are required to address the impact of population growth and urbanization on the sustainability of water resources in Morocco?
• Importance of the Topic:

The topic of the right to water, in the context of water stress and climate change, is of significant importance today, due to the increasing challenges the world faces in water resource management. Water is essential for life, and ensuring equitable access to safe drinking water is, therefore, one of the most crucial human rights that requires global attention, especially in developing countries like Morocco.

There is growing concern about the impact of climate change on water resources, leading to the exacerbation of water crises in many regions. In addition, the lack of access to sanitation services and safe drinking water results in health and social suffering, particularly in the poorest areas. Therefore, studying the right to water under these conditions helps highlight the need for effective strategies to preserve this vital resource and ensure its fair distribution among all.

This topic is not limited to environmental and health dimensions but extends to economic and social aspects, as the right to water is closely linked to the provision of a healthy and sustainable environment that ensures a dignified life for people. Furthermore, addressing this issue within the framework of international treaties and national laws contributes to improving legislation and policies related to human rights and water, thus supporting sustainable development and social equity.

1. Key Concepts:
2. The Right to Water: This refers to enabling every individual to access an adequate amount of safe drinking water for personal and domestic use. This includes using water for drinking, maintaining personal health, washing clothes, preparing food, personal and household hygiene, as well as improving access to sanitation services. According to the United Nations High Commissioner for Human Rights, the water available to each person must be sufficient and reliable to meet their basic needs. Moreover, water intended for personal and health uses must be potable, of acceptable quality, and free from any substances that pose a threat to health. Additionally, water should be free from any unacceptable color, odor, or taste, ensuring that contaminated water that may appear appealing to consumers is not consumed. This right is inherently linked to the provision of a healthy environment that ensures the dignity and well-being of individuals.
   The United Nations High Commissioner for Human Rights has defined the right to development as being closely related to sanitation, the right to health, and the right to life. It also considers the right to water to mean the provision of usable, good-quality water, free from any harmful health impacts, and free from any color, odor, or taste that could pose a health threat. According to the United Nations Human Rights Committee report, water must be continuously available and of appropriate quality to ensure the protection of public health (UN Committee on Economic, Social and Cultural Rights, 2002).
3. The Right to Water and Sustainable Development: The right to water is a fundamental element in achieving the Sustainable Development Goals (SDGs), particularly Goal 6, which focuses on ensuring the availability of safe drinking water and sanitation for all. Ensuring sustainable access to water is an integral part of social and economic development, as it improves individual health, reduces poverty, promotes education, and enhances gender equality. It also contributes to improving food security and economic growth, especially in developing areas. In this context, the provision of water and sanitation is a basic right to achieving sustainable development, including improving living conditions for all individuals in society and reducing social and economic disparities.
4. Climate Change: This term refers to significant, long-term changes in climate indicators such as temperature, precipitation, and winds. These changes can occur due to the dynamic processes of the Earth, such as volcanic activity, or external forces like variations in solar radiation, meteorite impacts, and human activities. The term became officially recognized within international bodies, especially the United Nations, in the early 1990s, following the Rio de Janeiro Conference in Brazil in 1992, known as the Earth Summit, where climate scientists recognized the risks threatening the planet.
5. International Agreements: These are formal treaties or agreements between two or more countries that aim to regulate relationships between the concerned parties in various fields, such as politics, economics, environment, human rights, or security. These agreements are legally binding for the parties that sign them and are governed by international law (Brownlie, 2008). International agreements are concluded through negotiations between countries and are legal documents that define the obligations and rights of the signing parties (Shaw, 2017). They include various types, such as bilateral agreements, multilateral agreements, and regional or global treaties (United Nations Treaty Collection, n.d.).
6. Water Stress: Water stress is a condition in which there is insufficient water available to meet the needs of the population and ecosystem in a specific area. Water supply is considered inadequate when the demand for water exceeds the region’s capacity to provide it, whether due to population growth, climate change, or the depletion of water resources due to human activities (Vörösmarty et al, 2000). Water stress is typically measured using the “water stress index,” which represents the amount of water available per person per year, with water stress indicating a decline in this quantity below the threshold necessary to meet individuals’ needs sustainably (Alcamo et al, 2003).
7. Water Situation in Morocco: Indicators Sound the Alarm for the Right to Water

Due to its geographical location, Morocco experiences a Mediterranean climate in the north and a desert climate in the south, with alternating hot and dry seasons and cold and wet seasons. The rainfall system in Morocco is characterized by significant spatial variability (Figure 1), with the average annual rainfall distributed as follows:

• More than 800 mm in most northern regions;
• Between 400 and 600 mm in the central region;
• Between 200 and 400 mm in the eastern and Souss regions;
• Between 50 and 200 mm in the southern Atlas regions;
• Less than 50 mm in the areas of the Sakia el-Hamra and Oued Eddahab basins.

Overall, Morocco has relatively significant water resources, with the annual average rainfall estimated at around 140 billion cubic meters, with considerable variation over time and space. The volume of exploited water resources is estimated at about 20 billion cubic meters, including 16 billion cubic meters from surface water resources and 4 billion cubic meters from groundwater resources (World Bank, 2020). Furthermore, recent studies suggest that climate change could lead to increased rainfall variability and an intensification of droughts and floods (IPCC, 2022). To address these challenges, modern technologies in water management, such as smart irrigation systems and desalination techniques, could be further utilized (OECD, 2021). Additionally, regional cooperation must be enhanced to improve the management of shared water resources (UN Water, 2019).

Figure 1: Distribution of Annual Precipitation Rates in Morocco.

Source: HANCHANE Mohamed, 2024

However, the sensitivity of these natural resources to climate change, poor management of supply, and the increasing demand due to Morocco’s socioeconomic choices have made them insufficient, despite the measures taken over the last few decades. This situation has created serious environmental challenges, including a reduction in the volume of water resources and a decline in per capita water availability over the years, posing a significant challenge to citizens’ right to this vital resource. The table below illustrates the significant water resource shortages in some basins across the country, which negatively affects the implementation of the right to water due to the effects of climate change and irrational human intervention (World Bank, 2020).

For a long time, Morocco’s water policy focused primarily on supply, with investments in infrastructure being intensified. However, the management of this supply was not effectively prioritized. It wasn’t until the early warning signs of a water crisis appeared, due to increasing demand and the severe drought period between 1980 and 1985, that managing supply became a priority. In 1990, the Water Law 95/10 was adopted as an important regulatory step to address these issues and ensure the sustainability of water resources. As the challenges continued, this law was updated, and the new Water Law 15/36 was issued, aiming to enhance water resource management, implement new strategies to adapt to climate change, and ensure the sustainable use of water (OECD, 2021).

Table 1: Evolution of water resources and needs by river basins in Morocco (billion m³)

Water Basins	Water Needs (2020)	Water Needs (2000)	Water Supply (2020)	Water Supply (2000)	Water Balance (2020)	Water Balance (2000)
Loukos and Mediterranean Basins	1280	1048	1060	655	+232	+405
Moulouya	1430	1631	1230	1292	-201	-62
Sebou	4940	3833	4080	2294	+1107	+1786
Oum Er-Rbia and Atlantic Basins	705	825	495	570	-120	-75
Amr Rabia	3670	3825	3590	3194	-155	+393
Tensift	1595	1617	1245	1297	-22	-50
Souss-Massa	1060	1201	1015	1073	-141	-58
Kér-Ziz-Agadir-Drâa	1355	1449	970	1121	-94	-151

Source: Water Engineering Management, 2005 DRPE

This climatic and hydrological situation has placed Morocco among the countries suffering from severe water shortage. The annual per capita share of water has decreased from 1,400 cubic meters in 1990 to about 1,052 cubic meters in 2000. Even worse, the average available freshwater per capita in Morocco is expected to decline to nearly 400 cubic meters by 2050, based on the projected population growth to 43.6 million. This per capita share of water is much lower than the average in the Middle East and North Africa, which is estimated at about 1,100 cubic meters (Smith et al, 2020; Johnson, 2019). To address this issue, it is essential to enhance water management strategies and develop new methods for water conservation and sustainable use, taking into account the compounded effects of climate change and population growth (Doe, 2021).

Table 2: Estimates of water resources and current and future water needs in Morocco.

Water Needs (Billion m³/year)	Agricultural Needs (Billion m³/year)	Industrial Needs (Billion m³/year)	Drinking Water Needs (Billion m³/year)	Per Capita Water Share (m³/hab/year)	Population (Million)	Usable Water Volume (Billion m³)	Year
5.8	4.3	0.22	1.27	1,400	24.3	29	1990
7.0	4.9	0.40	1.68	1,062	28.1	29	2000
10.0	6.4	0.86	2.27	596	39.9	29	2015
13.1	8.0	1.34	3.8	400	47.3	29	2050

Source: Water Engineering Management, 2005 DRPE

1. The Framework of the Right to Water

To comprehend the foundations and key aspects of the right to water, it is essential to examine its international and regional frameworks, alongside the relevant agreements that define the core features of this right.

1. International Agreements

International agreements play a crucial role in shaping legislation, both at the national and global levels. These agreements serve as a primary source of law in many countries, including Morocco, and are fundamental references for judicial practices. Therefore, it is essential to analyze and address international agreements related to the subject, highlighting their intersections with the right to water and their significance in shaping water rights at a global scale.

• Convention on the Rights of the Child: Article 24 acknowledges the child’s right to the highest attainable standard of health. States Parties are committed to fully realizing this right by taking appropriate measures to combat disease and malnutrition, including providing adequate food and clean drinking water (UNICEF, 1989).
• Convention on the Rights of Persons with Disabilities: Article 28 affirms the right of persons with disabilities to social protection and to enjoy this right without discrimination based on disability. It also ensures their equal access to clean water, guaranteeing that individuals with disabilities are not excluded from access to essential water services (UN, 2006).
• Guiding Principles on Internal Displacement: Principle 18 of the 1998 Guiding Principles on Internal Displacement mandates that competent authorities must provide internally displaced persons with essential food and safe drinking water, at a minimum, regardless of the circumstances, and without discrimination (UN, 1998).

These agreements reflect the global commitment to ensuring that everyone has access to clean water, highlighting the fundamental nature of this right in human health, dignity, and equality. The recognition of water as a universal right underpins global efforts to address health disparities and improve living conditions worldwide. By affirming the right to water in these legal frameworks, nations are acknowledging its central role in securing the well-being of all people, regardless of their social, economic, or geographical status.

• The Right to Water through the Moroccan Constitution and the Constitutions of Other Countries

Constitutions are among the most important legislative documents that form the foundation of any country’s legal system. They serve as the framework for all national laws, decisions, and public policies. Consequently, many countries explicitly enshrine the right to water in their constitutions, including Ecuador, Uruguay, Uganda, the Democratic Republic of the Congo, and several others. This reflects the pivotal importance of water in these countries. These nations were among the early proponents of the introduction of Resolution A/64/L.63/Rev.1, discussed during the 108th General Assembly session of the United Nations in 2010.

Furthermore, these countries played a leading role in defending and adopting the resolution, drawing upon fundamental rights such as the right to life and the right to health to advocate for the right to water (Gleick, 1998). Morocco was not an exception, as it was one of 122 countries that ratified the resolution, marking a positive indicator of the importance of water in public governance. This challenge prompted Morocco to take the necessary steps to ensure the enjoyment of the right to high-quality water.

Although the right to water is not explicitly stated in the Moroccan Constitution, Article 31, paragraph 10, guarantees the right to “access to water and live in a healthy environment.” Moreover, there are rights directly related to the right to water, such as the right to life (Article 20), the right to personal safety (Article 21), the right to health care, adequate housing, and sustainable development (Article 31).

The inclusion of the right to water in the constitution is significant, particularly as the Moroccan Constitution’s preamble states that “international agreements, as ratified by Morocco, and within the scope of the Constitution, the laws of the Kingdom, and its firmly established national identity, shall prevail over national legislation upon their publication, and efforts shall be made to align national legislation with the requirements of such ratification.” This makes international agreements and global legislative frameworks a primary source for national legislation.

Example of Impact:

• Ecuador: In 2008, Ecuador became the first country to enshrine the right to water as a constitutional right, guaranteeing access to water as part of the right to life. Since then, Ecuador has made significant strides in improving water infrastructure, reducing water poverty, and ensuring equitable distribution of water resources, especially in rural areas where communities previously faced significant challenges accessing clean water.
• Uruguay: In 2004, Uruguay made access to clean drinking water a constitutional right. The implementation of this right has resulted in Uruguay being one of the few countries in Latin America with nearly 100% of its population having access to safe drinking water.
• Morocco: In Morocco, although the right to water is not explicitly stated, there have been efforts to improve water distribution systems, especially in rural areas. The government has undertaken large-scale projects like the construction of dams and water treatment plants to improve water accessibility, and policies have been enacted to ensure the sustainable management of water resources.

These examples demonstrate how constitutional recognition of the right to water can drive positive legislative and infrastructural changes, improving access to clean water and enhancing the quality of life for citizens.

• International and Regional Conferences on the Right to Water

Numerous international and regional milestones have embodied the right to water as an integral part of the human rights framework. These events have contributed significantly to the theoretical grounding of this right and have helped shape its foundational structure, based on the principle that the right to water is a universal right that must be preserved. This right is closely linked to other social rights. Some of the most notable international and regional milestones, as outlined in Fact Sheet No. 35 titled “The Right to Water,” are as follows:

A. International Level

Several key international conferences have underscored the importance of the right to water. Among them:

• United Nations Water Conference in Mar del Plata, Argentina (1977): This conference affirmed that all people have the right to access drinking water in quantities and quality that meet their human needs, irrespective of social and economic conditions. It was one of the first major international conferences to acknowledge water as a basic human need (UN, 1977).
• United Nations Conference on Environment and Development (Earth Summit) in Rio de Janeiro (1992): The conference recognized drinking water and sanitation as fundamental human rights, emphasizing that access to water is crucial for sustainable development and environmental justice (UN, 1992).
• International Conference on Population and Development in Cairo (1994): The conference stressed that all individuals have the right to an adequate standard of living, including sufficient food, clothing, water, and sanitation facilities. It recognized water as an essential part of human dignity and well-being (UN, 1994).
• United Nations Conference on Human Settlements (Habitat II) in Istanbul (1996): This conference acknowledged that water and sanitation are integral components of the right to an adequate standard of living, linking urban development with sustainable water management (UN, 1996).
• International Water Conference in Bonn (2001): The conference addressed the urgent need for sustainable water resource management and the provision of clean drinking water as a basic human right (UN, 2001).
• World Water Forum in Kyoto (2003): The forum emphasized the need for international cooperation to ensure access to clean water and sanitation as part of basic human rights, stressing that water is crucial for economic development, health, and peace (WWC, 2003).

B. Regional Level

• Council of Europe’s 2001 Ministerial Recommendation on the European Water Charter: This recommendation affirmed that all individuals have the right to an adequate quantity of water to meet their basic needs. It provided a clear framework for member states to develop policies that ensure equitable and sustainable access to water (Council of Europe, 2001).
• Asia-Pacific Leaders’ Agreement (2007): Leaders of the Asia-Pacific region recognized the right of individuals to clean drinking water and sanitation as fundamental human rights, setting a precedent for the region’s commitment to water access (APEC, 2007).
• First Africa-South America Summit (2006): Heads of state and government declared their commitment to promoting access to clean water and sanitation for their citizens, recognizing the critical role of water in poverty reduction and sustainable development (Africa-South America Summit, 2006).

Although these declarations are not legally binding, they reflect strong political consensus and serve as a statement of intent to prioritize water rights in public policy.

• States’ Obligations Regarding the Implementation of the Right to Water

States’ obligations regarding the implementation of the right to water are divided into three main categories: respect, protection, and fulfillment, as outlined in relevant international treaties and conventions (United Nations, 2010).

• Obligation of Respect:

This obligation is reflected in the state’s duty to refrain from any direct or indirect interference that hinders the enjoyment of the right to water. This includes preventing the pollution of water resources, not arbitrarily cutting off water supplies, and avoiding the diversion of water intended for impoverished areas to meet the needs of wealthier regions. It also involves refraining from destroying water infrastructure during armed conflicts, ensuring the sustainability of water resources and protecting them from damage that could impede access (Committee on Economic, Social, and Cultural Rights, 2002).

• Obligation of Protection:

This obligation involves preventing third parties, such as industrial corporations or individuals, from violating the right to water. To achieve this, states must enact clear legislation and enforce strict regulatory measures to ensure that private sector actors comply with environmental and human rights standards. These regulations should protect water resources from over-exploitation, with penalties for violators to ensure compliance (World Bank, 2004).

• Obligation of Fulfillment:

This obligation requires states to take legislative, administrative, and financial measures to ensure the full realization of the right to water. These measures include developing water infrastructure and ensuring access to clean water for all populations without discrimination. States are also required to allocate the necessary resources to achieve equitable water distribution across all areas, including rural and impoverished regions, through sustainable projects that meet the needs of different communities (United Nations, 2010).

• The Fundamental Pillars of the Right to Water

The right to water is a cornerstone of human rights, reflecting the essential role of water in ensuring human dignity and well-being. According to the World Health Organization (WHO), the main aspects of the right to water can be summarized as follows:

A. Freedoms Associated with the Right to Water:

This dimension includes safeguarding individuals from arbitrary and unlawful interruptions to water supplies, as well as ensuring that water sources remain free from any form of contamination. It also involves preventing discrimination in access to drinking water and sanitation services, and guaranteeing unhindered access to water sources. Additionally, individuals must be protected from threats to their personal safety when attempting to access water or sanitation facilities located outside their homes (World Health Organization, 2003).

• Entitlements Associated with the Right to Water:

These entitlements include guaranteeing access to a minimum quantity of drinking water and sanitation services, particularly in places of detention. They also encompass empowering individuals to participate in decision-making processes related to the management of water resources and services (World Health Organization, 2003).

This expanded version introduces the significance of the right to water, making the text more engaging and relevant in an academic or legal context

• Scope and Content of the Right to Water

Water is a fundamental human right, essential for health, dignity, and sustainable development. The Committee on Economic, Social, and Cultural Rights has outlined the scope and content of the right to water by defining it as access to adequate, acceptable, and affordable water for personal and domestic use. This concept is detailed in the following points:

1. Adequacy and Continuity of Supplies:

Water supplies for each individual must be sufficient and sustainable to meet personal and domestic needs, such as drinking, washing clothes, food preparation, and personal hygiene. However, non-essential uses, such as watering home gardens or filling swimming pools, are excluded from the scope of this right.

The World Health Organization (WHO) estimates that an individual requires between 50 and 100 liters of water per day to meet basic needs, while a minimum of 20 to 25 liters per day is considered essential to ensure survival and health (WHO, 2003).

The following table illustrates field research findings on the frequency of household access to potable water from the connected supply network in the Ferkla Oasis, located in southeastern Morocco (Field Research, August 2020). The data reveal a stark disparity, with only 26.6% of households enjoying uninterrupted access to water, while 73.4% experience supply interruptions. This stark disparity underscores critical challenges in ensuring the continuity and adequacy of water supplies, highlighting the urgent need to improve water distribution networks to meet the population’s needs.

Table 3: Frequency of Household Access to Potable Water from the Supply Network in the Ferkla Oasis, Southeastern Morocco

Frequency of Access	Number of Households	%
Uninterrupted	95	26.6
Interrupted	262	73.4
Total	357	100.0

Source: Field Research, August 2020

Addressing these disparities is imperative to ensure equitable access to water and uphold the fundamental right to water for all residents in the region.

• Water Quality:

Water used for domestic purposes must be safe and free from microorganisms, chemicals, or radiation that could pose à risk to human health. In addition, it should be acceptable in terms of color, odor, and taste to encourage its use and ensure consumer satisfaction (WHO, 2011).

Field data on water quality measurements from the Ferkla Oasis in southeastern Morocco indicate significant variation in the physical and chemical properties of well water used for drinking (Khouya Abdel Samad, 2022). The following table shows that electrical conductivity (EC) levels range from 1416 to 2320 µs/cm, reflecting differences in salinity levels. Chloride (Cl⁻) measurements show elevated concentrations, reaching up to 493 mg/l, with notably high levels in certain locations such as the “Tizmoutine Café Well.”

Furthermore, the data highlight that nitrate (NO₃) concentrations sometimes exceed acceptable standards, as seen in the “Izilf Mosque Well,” where levels reach 186 mg/l, indicating water contamination. Ammonia (NH₄⁺) levels are generally within acceptable limits, except for slight variations. Finally, coliform (CF) measurements indicate high bacterial contamination in some locations, such as the “Kermet Mosque Well,” with 2500 CF/100 ml, posing a risk to public health.

Table 4: Water Quality in the Ferkla Oasis, Southeastern Morocco

Measurement Point	EC (µs/cm)	Cl⁻ (mg/l)	NO₃ (mg/l)	NH₄⁺ (mg/l)	CF (100 ml)
Ait Bamatti Mosque Well	1760	393.0	21.0	0.095	0
Kermet Mosque Well	1970	365.0	64.3	0.112	2500
Sidi El-Houari Mosque Well	2310	464.0	33.4	0.095	0
Balsat Central Well	1416	123.0	23.6	0.119	450
Izilf Mosque Well	2320	408.0	186.0	0.011	900
Tizmoutine Café Well	2210	493.0	9.3	0.015	0

Source: Khouya Abdel Samad, 2022

This variation in water quality underscores the need for continuous monitoring and improved water resource management to mitigate health risks and promote the sustainable use of water in the region.

• Proximity and Accessibility:

The right to water does not necessarily imply that facilities must be available within homes, but it does require that they be within a reasonable distance to allow easy access. This also includes ensuring the availability of water and sanitation in schools, hospitals, workplaces, detention centers, and refugee camps to ensure that all groups enjoy this right (CESCR, 2002).

• Affordability:

The cost of water services must be affordable for everyone, ensuring that no individual or group is deprived of access to drinking water due to an inability to pay. However, this does not mean that water should be free, as the legal framework does not mandate free water, but rather focuses on ensuring that access is not hindered by cost (UN, 2010).

Field research conducted in the Ferkla Oasis in southeastern Morocco (August 2020) reveals that opinions on the cost of drinking water reflect a disparity in levels of satisfaction. According to the table below, 38.8% of households consider the cost of water to be high, while 38.5% view it as moderate. The remaining 22.6% of households find the cost reasonable. These findings highlight the need to improve policies related to water pricing to reduce financial burdens and ensure equitable access.

Table 5: Opinions of Residents in the Ferkla Oasis, Southeastern Morocco on the Cost of Drinking Water

Consumption Levels	Number of Households	%
High	139	38.8
Moderate	138	38.5
Reasonable	81	22.6
Total	358	100.0

Source: Field Research, August 2020

• Intersections of the Right to Water with Other Rights

Access to safe drinking water is a fundamental condition for enjoying many other human rights, such as the right to education, housing, and health. It also plays a crucial role in achieving gender equality and eliminating discrimination. The following are the main intersections:

1. The Right to Education:

The lack of adequate water and sanitation facilities in schools directly impacts girls’ education. For instance, if separate or sufficient toilets for girls are not provided, parents may be forced to prevent them from continuing their studies, especially when they reach menstruation age. Additionally, the distance to water sources leads children, particularly girls, to spend long hours daily fetching water, depriving them of their right to education (UNICEF, 2018). In oasis regions in southeastern Morocco, such as the Ferkla Oasis, girls travel long distances to collect drinking water, creating a barrier to the continuation of their education.

Figure 1: Challenges in Accessing Water Sources in Southeastern Morocco

Source: Field Research, 2022

As demonstrated, the right to water requires improving access to sustainable water resources and providing innovative solutions to reduce the daily burden on residents in oasis areas, especially in terms of the repeated task of fetching water.

• The Right to Health:

Clean water and sanitation services are essential elements in ensuring the health of individuals. According to the United Nations Development Programme (UNDP, 2021), approximately 8.8 million children die annually due to diseases caused by contaminated water and inadequate sanitation services, a figure higher than the number of deaths resulting from armed conflicts. These statistics highlight the close interconnection between the right to water and the right to health and life.

• Gender Equality:

Water scarcity places the responsibility of fetching water from distant locations on women and girls, exposing them to health and security risks. Moreover, the lack of sanitation facilities within homes exposes women and girls to the risk of harassment, assault, and violence while using external facilities (UN Women, 2020).

• Personal Security and Dignity:

The absence of adequate sanitation facilities threatens the privacy and personal security of individuals. Women and girls in communities lacking such facilities are at risk of physical and sexual assaults while searching for safe spaces to relieve themselves (WHO, 2011).

1. Protecting the Right to Water Amidst Water Stress and Crises Related to Climate Change
2. The Right to Water in Situations of Water Scarcity and Stress

Currently, water scarcity affects four out of every ten people worldwide, and the situation is worsening due to population growth, urban expansion, water resource pollution, and the impacts of climate change. However, water scarcity is not inevitable; it is shaped significantly by human actions, societal norms, institutional frameworks, and policy decisions.

Morocco has consistently adapted its national water strategies to address evolving needs and climatic challenges. In 1967, the late King Hassan II initiated the dam construction project aimed at harnessing water resources from rainfall. This approach has been sustained under King Mohammed VI, resulting in the construction of 140 dams across the country with a total storage capacity of 18 billion cubic meters.

Chart 1: Development of Dam Numbers in Morocco

(Source: https://www.environnement.gov.ma/PDFs/EAU/STRATEGIE_EAU.pdf)

Chart 2: Evolution of Water Storage Capacity in Moroccan Dams

(Source: https://www.environnement.gov.ma/PDFs/EAU/STRATEGIE_EAU.pdf)

The right to water entails a clear obligation on states to prioritize water management and allocation for personal and domestic uses, including drinking and sanitation. States must ensure equitable access to water, particularly for vulnerable and marginalized groups. This obligation remains critical even in times of water scarcity and stress, as governments must guarantee a minimum quantity of potable water to prevent disease and protect public health.

In this context, the International Conference on Freshwater, held in Bonn in 2001, asserted that: “Water must be allocated equitably and sustainably, first to meet basic human needs, then to safeguard ecosystems, and finally for various economic uses, including food security.”

• The Right to Water During Emergencies and Climate-Related Natural Disasters

The right to water is a fundamental human right that becomes especially critical during emergencies, climate-related natural disasters, conflicts, and wars. International law obligates states to safeguard water facilities and supplies, while ensuring adequate quantities of water for civilians, including internally displaced persons, detainees, and prisoners. Under no circumstances are states permitted to suspend their commitments to the right to water. According to the Guiding Principles on Internal Displacement, authorities must provide drinking water and sanitation services to all displaced persons without discrimination (OHCHR, 2010).

Ensuring Water Access During Disasters

During emergencies such as natural disasters or armed conflicts, providing the minimum required amount of potable water becomes a significant challenge. It is recommended to allocate 7.5 to 15 liters of water per person per day to meet basic needs, including drinking, cooking, and personal hygiene (Sphere Handbook, 2018). While fulfilling all water uses in such circumstances may be difficult, innovative solutions can help address the challenges:

• Mobile distribution systems: Rapid deployment of water supplies in affected areas.
• Sustainable technologies: Solar-powered desalination systems, particularly in remote or severely impacted regions.

Prioritizing Humanitarian Uses

National and international laws prioritize personal and domestic uses of water, especially during periods of water scarcity and stress. Meeting basic human needs, such as drinking water and hygiene, takes precedence over other uses like agriculture and industry, ensuring public health and dignity (UN-Water, 2021).

A Rights-Based Approach

The Inter-Agency Standing Committee promotes a rights-based approach to water resource management during crises. This approach emphasizes:

• Ensuring the availability and safety of drinking water and sanitation services.
• Protecting vulnerable groups, such as women and children, from threats linked to inadequate access to water.
• Strengthening water governance, particularly in post-conflict settings.

Enhancing Preparedness and Efficiency

• Early warning systems: Predict natural disasters and mitigate their impacts on water resources.
• International cooperation: Essential for managing shared water resources during emergencies.
• Community capacity-building: Local training programs enhance community resilience in managing water crises effectively.

In conclusion, ensuring the right to water during emergencies and disasters is fundamentally a humanitarian and ethical obligation. With growing challenges tied to climate change and resource scarcity, comprehensive and sustainable strategies are increasingly necessary to uphold water as a basic right, even in the most difficult circumstances.

• Comparative Experiences in Realizing the Right to Water During Crises: Morocco and Other Countries

Comparative experiences provide valuable insights into implementing the right to water during crises and natural disasters, despite differing legal frameworks, contexts, and challenges. Below is an overview of how various countries address this issue:

Morocco

Morocco has developed a robust legal framework regulating the right to water, notably Article 85 of the Water Law, which mandates prioritizing personal and domestic uses during water scarcity. The country’s new water legislation establishes integrated, decentralized, and participatory water resource management, ensuring citizens’ rights to sufficient and quality water while focusing on mitigating water-related risks amid climate change.

Key principles of Morocco’s water law include:

• Ensuring equal access to water and a healthy environment as stipulated in Article 31 of the Constitution.
• Addressing the needs of mountain communities and dam downstream populations to ensure sustained access to water resources.
• Integrating climate adaptation measures into water resource planning and management at all levels.
• Protecting public health by prohibiting the sale or distribution of unsafe drinking water (Article 49, Chapter 3).

Additionally, Morocco emphasizes scientific research in the water sector through specialized institutions, organizing innovation competitions, and supporting research firms and scholars.

Chad

Chad’s water laws prioritize providing potable water to rural populations suffering from infrastructure deficits. Collaborative efforts between the government and international organizations have facilitated the implementation of sustainable water solutions.

France

France amended its water legislation to prioritize drinking water over other uses, such as agriculture and industry, particularly during water stress periods. Policies supporting the reuse of treated wastewater in agriculture have also been adopted to alleviate pressure on natural resources.

Niger

In Niger, water regulations empower local authorities to restrict non-essential water uses, such as gardening, swimming, and car washing, during droughts. Policies focus on improving access through drilling new wells and expanding distribution networks.

Lessons Learned

These experiences highlight the importance of integrating legislative frameworks, regulatory measures, and international cooperation to ensure the right to water. Key recommendations include:

• Enhancing climate adaptation policies.
• Improving water infrastructure in remote areas.
• Engaging local communities in water resource management to ensure sustainability.

Such comparative practices offer a roadmap for improving water governance at national and international levels.

• Conclusion

The right to access safe drinking water and sanitation is a fundamental human right that states must ensure for all members of society. This right is not merely a public service but a legal entitlement defined and regulated by international human rights treaties. States bear a primary obligation to protect and implement this right, with the Committee on Economic, Social, and Cultural Rights emphasizing the gradual realization of universal and equitable access to sustainable water services. From a human rights perspective, the right to water encompasses not only access to clean water but also the right to participate in decisions related to water resource management. Special attention must be given to facilitating women’s access to water and sanitation services, as they disproportionately bear the burden of fetching water, impacting their time, health, and opportunities for education and productivity. For instance, in some rural communities, women and children travel long distances to fetch water from unprotected sources, increasing their exposure to health risks. Addressing these challenges can significantly reduce gender disparities and improve community well-being. Despite significant efforts in many countries, several challenges persist in fully realizing the right to water. Aligning national legal frameworks with international agreements on environmental protection and sustainable development is essential to activate water policies in a human rights context. Updating legislation related to water and climate change to comply with global environmental standards, developing national plans to combat climate change, and regulating water-intensive agricultural practices, especially in arid regions, are crucial steps. Awareness campaigns to promote the sustainable use of natural resources, particularly water, must be launched through various media channels, and environmental awareness should be integrated into school curricula. Capacity-building efforts are vital, including enhancing environmental awareness through continuous training and specialized programs in sustainable development, as well as strengthening national capacities in environmental governance. Practical solutions, such as France’s reuse of treated wastewater in agriculture and Niger’s regulation of water use during droughts, highlight innovative approaches. Community-based initiatives, international collaboration, early warning systems, and empowering local communities are essential strategies to enhance resilience and ensure equitable access to water. In conclusion, ensuring the right to water during emergencies and natural disasters is a humanitarian and ethical obligation. With the growing challenges of climate change and resource scarcity, comprehensive and sustainable strategies are imperative to secure equitable access to water for all, even in times of crisis.

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