Water is a human right and not compromise for tourism

We need to clearly distinguish the rights of communities from the consumption need of the industry. Communities are demanding water for their basic survival while industry is appropriating water for commercial purposes. Sumesh Mangalassery writes

Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights
General Comment No. 15 (2002), the right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)
The civil society debates over water emphasis the importance and need of establishing a secure community rights based approach for the equitable and efficient allocation of fresh water resources. In many cases, a lack of clear ownership rules and mechanisms has resulted in the over-exploitation of this valuable resource for profit making of a few corporations, businesses or vested interests. The water allocation decisions of the state and authorities often support the business interests rather than community interests. This directly or indirectly violates people's basic human right to water.
Tourism and water related conflicts
Tourism industry is notorious for its consumption. Water is one of the essential commodities for tourism businesses. Tourism industry often violates many basic human rights of communities, particularly of those who are marginalized. Violations of local communities’ right to water are one of the important issues in most of the tourist centres. The inflow of tourists means a much higher increase in population and that results demand and pressure for water. Almost all the tourist destinations in India face acute water shortages. The tourist facilities which cater to the luxury life style of the tourists during their holidays, including showers, swimming pools and watering of lawns, often affect the water reserves, polluting water sources and depleting ground water.

In Allapuzha, One of the popular back water destinations in Kerala, South India - Local families are suffering from water scarcity – from a serious lack of drinking water that has been affecting their lives in many ways, and that has become even worse with the development of tourism. “Earlier, the water in the lake was very good; we took drinking water from there. Now it is very bad because of the pollution from houseboats and other tourist boats”, says Lillykutty, a housewife from Kainakary near Alappuzha. She complains that she now has to go far by boat to collect drinking water – which costs money, takes time and means an additional burden for Lillykutty, and for many other women in this famous tourist destination.

Madusoodanan, president of the Rice Cultivators Collective at Valiyakary, two kilometers from Alappuzha, complains that the houseboats are disturbing the agricultural activities. “Kerosene and oil are spreading to the paddy fields and are adversely affecting the rice cultivation. But government authorities are ignoring the plea of the people to prevent pollution and supply drinking water.

The development of golf courses is contaminating and depleting water sources of the local communities. Tourism today is a big business. In many places, it is controlled by the private sector, including big corporations. These big players and corporations are given priority in water decisions and allocations. Their purchasing capacity is ensuring their access to safe potable water. There are many cases which show how tourism industry directly and indirectly curtails the human right of the communities to get safe drinking water. Industry is appropriating water which is essential for the survival of local communities.
Water as an essential resource
Unlike any other resources the impact of the lack of safe drinking water is immense. The lack of this vital resource has immediate adverse impact on health, particularly among the elderly and children. The burden and workload of population particularly women, so often bent double from the increasing effort to get and transport water. Access to safe, sufficient and affordable water is essential to equitable development. Water is necessary for human life and the right to life is recognized as fundamental right in many national constitutions and international conventions.
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.
General Comment No. 15 (2002), the right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)
The General Comment 15 on the International Covenant on Economic, Social and Cultural Rights makes clear that each State has the obligation to prevent third parties (including tourism industry), from interfering in the enjoyment of the right to water. It is the responsibility of the state to ensure this right for its citizens.
Water rights in India
The existing water law framework in India is characterised by the co-existence of a number of different principles, rules and acts adopted over many decades. These include common law principles and irrigation acts, regulation of water quality and the judicial recognition of a human right to water. The existing legal framework concerning water is complemented by a human rights dimension. While the Constitution does not specifically recognise a fundamental right to water, court decisions deem such a right to be implied in Article 21 (right to life). The right to water can be read as being implied in the recognition of the right to a clean environment. The Supreme Court of India recognised that the right to life ‘includes the right of enjoyment of pollution free water and air for full enjoyment of life’. The Supreme Court went further and directly derived the right to water from Article 21. It stated that water is the basic need for the survival of the human beings and is part of right of life and human rights as enshrined in Article 21 of the Constitution of India’.
Water justice and tourism
Market forces argue private and tradable rights are the foundation for water allocation systems. We need to clearly distinguish the rights of communities from the consumption need of the industry. Communities are demanding water for their basic survival while industry is appropriating water for commercial purposes. Local communities must get priority in water allocation decisions and actions. Taking this right further, the privatization and commercialization of water resources may represent violations and abuses of basic human rights. The human right to water argument is not limited to the access to water, but extends to the public control over water. The population should have access to the water it requires – in quality, quantity, and regularity – for its everyday needs.

Kovalam, a famous beach destination in South India, Hotel Samudra owned by Kerala Tourism Development Corporation (KTDC) consumed 650 Kilo Liter water for the lean season period of March – April (The tourist season considered to from Sept – Jan).According to Water Authority of Kerala government the average water requirement per person is between 40 - 60 liters a day. If we take that requirement as average 50 liters a day, a person’s water consumption is for two months is 3000 liters i.e. 3 Kilo liter. That means Samudra’s water consumption during the lean season is enough to meet to the water requirement of 217 people. Hotel Samudra is getting uninterrupted water from Water authority Kerala and at the same time local people in and around Kovalam is not getting water supply from Water authority. Local communities are suffering from water scarcity to meet their basic requirements and have to purchase water from various other sources (Please see the press release of Kerala Swathanthra Matsya Thozhilali Federation (KSMTF)

At Kovalam Beach in the South of Kerala, tourism has led to severe water scarcity in the area. Especially in the peak season, the demand from the hotels and restaurants leads to groundwater depletion, affecting local communities whose purchasing power is far below that of the tourism industry and the tourists. The high consumption of a common good by the tourism industry is an illegal form of water privatisation.

In the tourism context, the primacy of human rights over commercial interests is very important. Water privatization and private control ignores the need for safeguards against conflicts of interest for protecting community rights. Finally, if water is viewed as an ‘economic good’ or just like any other commodity, only those who can afford the price will be able to access water.
Democratic governance – the need of the hour
Governments must democratically introduce and effectively enforce adequate laws and regulations which safeguard the water rights of local people and Local Self-Governments. The polluter pays principle must be enforced. It must also be ensured that the basic needs of the local population are met (and are not compromised for the sake of tourism), that their rights are fully respected and that the environment is not adversely affected to the detriment of local communities. Observing laws and regulations constitutes a minimum requirement that the tourism industry must meet.

The last few years witnessed immense mobilisations, consolidation of local movements, victories and hard won battles, for communities and people's water struggles in defending and asserting water as a human right. We need more democracy in terms of governance and that will ensure safe, clean and adequate drinking water to all and ensure the rights. We demand public and participatory control over water and other natural resources in tourist destinations, too. Water is a human right and that cannot be compromised by tourism.