The United Nations expert on the human rights to water and sanitation raises serious concerns about a recent Bill in Lagos that criminalizes abstraction of water from natural sources. Léo Heller, special rapporteur on the human rights to water and sanitation, says: “When the State fails to provide adequate access to drinking water, no one should be criminalized or fined for fetching water from lakes, rivers, or any other natural sources.”
The comment from the UN expert comes after the Lagos State House of Assembly passed the Lagos Environment Bill on 20 February 2017. The Bill includes specific provisions that criminalise the abstraction of water from natural sources if conducted without the approval from the authorities.
“The Government is taking a step too far by imposing fines of the equivalent of USD 310 on ordinary individuals fetching water for survival, when the minimum wage stands at approximately USD 60. Legal measures by the Government to regulate access to water are an important step to ensure that drinking water is safe. However, when only 10 per cent of the population are connected to piped networks and the rest of the population rely on natural water sources for drinking water, a blanket prohibition of accessing natural water sources is not the way forward,” Heller stressed.
Heller is urging the government to reconsider the Bill and to conduct a proper and meaningful public consultation with all relevant stakeholders providing an adequate time for comments and opinions. Heller has recently communicated about this matter to the Government. On 4 July 2016, the Special Rapporteur also sent a letter to the Government of Nigeria to request clarification about the water and sanitation situation in Lagos but no response has been received thus far.