The Right to Clean Water

Water is the essence of life. Clean water is a fundamental human right and it does not exist in isolation from other human rights. Good water management and governance are a key determinant and have an impact on the realization of a range of human rights, including right to life, right to health, right to food, dignity, the human rights related to a healthy environment, as well as, to an adequate standard of living.  Realising this importance, in 2002, the Committee on Economic, Social and Cultural Rights (ECSR Committee) officially adopted General Comment No. 15 on right to water which states that human right to water entitles everyone to have access to sufficient, safe, acceptable, physically accessible and affordable water for both personal and domestic uses.  

Both the ESCR Committee and the Special Rapporteur on the human rights to safe drinking water and sanitation have also flagged the importance of identifying and remedying violations of the rights to water and sanitation. Based on the typology developed by the Special Rapporteur, the common types of violations of the right to water and sanitation are classified as follows:

  1. Violations of the obligation to respect;
  2. Violations of the obligation to protect and abuses by non-State actors;
  3. Violations of the obligation to fulfil;
  4. Violations of the obligation to refrain from discrimination and to ensure substantive equality;
  5. Violations of the obligation to ensure active, free and meaningful participation; and
  6. Violations of extraterritorial obligations.

In respect of remedies to address violations of those rights, treaty bodies are among the mechanisms established to address systemic violations of rights and situations where victims are unable to seek remedies when national remedies have been exhausted or are not available or effective. At the national level, remedy mechanism often lies with domestic laws and policies and State institutions and regulatory bodies. In order to better ensure violations are effectively prevented and addressed, the Special Rapporteur has outlined some remedial measures for States’ appropriate actions[1]. These include, among others:

  1. Recognize the full range of violations of the rights to water and sanitation and ensure access to justice for all such violations;
  2. Ensure that international law and jurisprudence on the rights to water and sanitation are used in interpreting and applying domestic legislation, regulations and policies;
  3. Raise awareness on economic, social and cultural rights and the human rights to water and sanitation so that individuals know their rights and will be able to claim them in the case of violations;
  4. Ensure that victims of violations are entitled to adequate reparation, including restitution and compensation and that the legislative framework requires courts to provide both restorative and transformative remedies;
  5. Ensure that individuals and groups do not face barriers in access to justice, whether economic, physical, linguistic, cultural or other, and take measures to overcome such barriers, including by means of legal aid; and
  6. Ensure that national human rights institutions and other relevant bodies have an explicit mandate to address violations of the rights to water and sanitation through appropriate grievance mechanisms.

The right to water in Malaysia

According to the UN Special Rapporteur on Human Rights to Safe Drinking Water and Sanitation, Mr. Leo Heller, 92 per cent of the population of Malaysia have access to safely managed water services. However, in recent years, water contamination incidences and its adverse impact on the ecosystem of the river and sustainability of water resources is extremely alarming in Malaysia. Despite the existence of both federal and State legislations, water pollution particularly by industries continue to be widespread and have adverse effects on the environment and the public’s health.

In this regard, SUHAKAM reiterates its call for effective enforcement of the law including stiffer penalties for perpetrators of water pollution to protect the people’s right to clean water. At the same time, SUHAKAM stresses that business entities are also responsible to ensure that the conduct of their activities are in full compliance with the relevant laws and human rights standards.

On 5 April 2021, SUHAKAM organized a Forum on the Right to Clean Water with the objective to discuss access to clean water as a fundamental human right; to address gaps and challenges in the realization of the right to clean water in Malaysia; and to share knowledge and experiences from participants on the promotion and protection of the right to clean water. The relevant documents and panel presentation of the Forum is available at (link to file)

Complaint mechanisms

  1. Ministry of Housing and Local Government (KPKT): KPKT works to accomplish the National Development Agenda through people’s housing programme, municipal and fire services to improve the quality of lives and wellbeing of people. Complaint on water issues can be lodged at this link: https://aduan.kpkt.gov.my/aduan-online/entry/aduanperumahan.cfm
  2. Ministry of Environment and Water (MEWA) agencies[2]:
  • Department of Environment: e-Aduan system is an initiative set up by the Enforcement Division of the Department of Environment to enable the public to lodge complaints regarding pollution. Complaint on water issues can be lodged at this link: https://eaduan.doe.gov.my/eaduan/index.php
  • Department of Irrigation and Drainage (DID): DID provides engineering expertise services and water resources management including river management, coastal and manage flood and drought in holistic ways to improve citizens life in the context of water security and environment sustainability. Complaint on water issues can be lodged at this link: https://water.spab.gov.my/eApps/system/index.do
  • National Water Services Commission (SPAN): SPAN is a technical and economic regulatory body for the water supply and sewerage services in Peninsular Malaysia and Federal Territories of Putrajaya and Labuan. Complaint on water issues can be lodged at this link: http://eaduan.span.gov.my/
  • Sewerage Services Department (SSD): SSD is responsible for planning, providing, operating and managing sewerage services in Malaysia. Complaints related to sewage treatment plants and regional sewerage pipelines under construction, can be submitted directly to khidmatpelanggan@jpp.gov.my
  • Indah Water Konsortium (IWK): IWK is Malaysia’s national sewerage company which has been entrusted with the tasks of developing and maintaining a modern and efficient sewerage system for all Malaysians. Complaints related to sewage treatment plants and public sewerage pipelines under the supervision of IWK, complaints can be submitted directly to IWK via website on https://www.iwk.com.my/contact-us , IWK Mobile App and IWK Facebook page.
  • Water Supply Department (WSD): Complaint on water issues can be lodged at:aduan@jba.gov.my
  • Department of Biosafety (DOB): DOB through its Enforcement and Monitoring Division is responsible to receive complaints on hazard / chemical pollution issues.Complaints can be lodged at dob@biosafety.gov.my or 03-8886 1580.
  1. Federation of Malaysian Consumers Association (FOMCA): A non-governmental organization that deals with consumers’ rights including the right to water, compensation, education and environment. Complaint can be lodged through email at mco@fomca.org.my
  2. The Human Rights Commission of Malaysia (SUHAKAM): A National Human Rights Institution empowered to receive and investigate into complaints on infringement of human rights through. its Complaints and Monitoring Group (CMG). Complaint on water issues can be lodged at this link: http://aduan.suhakam.org.my
  3. Complaints related to water issues can also be lodged to the State water operators, as follows:
  • Kedah: Syarikat Air Darul Aman Sdn. Bhd (SADA)
  • Kelantan: Air Kelantan Sdn. Bhd (AKSB)
  • Klang Valley: Air Selangor Sdn Bhd
  • Melaka: Syarikat Air Melaka Berhad
  • Negeri Sembilan: Syarikat Air Negeri Sembilan (SAINS)
  • Pahang: Pengurusan Air Pahang Berhad (PAIP)
  • Penang: Perbadanan Bekalan Air Pulau Pinang Sdn Bhd (PBAPP)
  • Perak: Lembaga Air Perak (LAP)
  • Perlis: Syarikat Air Perlis (SAP)
  • Johor: Ranhill SAJ Sdn Bhd
  • Sabah: Jabatan Air Negeri Sabah (JANS)
  • Sarawak: Jabatan Bekalan Air Luar Bandar (JBALB)
  • Terengganu: Syarikat Air Terengganu (SATU)
  • WP Labuan: Jabatan Bekalan Air, Wilayah Persekutuan Labuan
[1] UN Human Rights Council (2014). Report of the Special Rapporteur on the human right to safe drinking water and sanitation. A/HRC/27/55. Page 23-24. Retrieved on 10 August 2021 from https://www.ohchr.org/en/hrbodies/hrc/regularsessions/session27/documents/a_hrc_27_55_eng.doc

[2] https://www.kasa.gov.my/ms/info/jabatandanagensi