The Regulatory Implications of the Right to Water: Small-Scale and Independent Water Providers in Ethiopia and Kenya

Small-scale and independent water providers serve up to fifty percent of the population in urban centers in many of the developing and less developed countries. However, they remain largely unrecognized and unregulated. This article argues, based on the public interest theory and two case studies of the price and quality of water by small-scale providers, that there is a compelling case for regulation of small-scale water provision. The human right to water imposes an obligation on states to regulate small-scale water supply market. It also means that governments should avoid regulation which does not have support in public interest theory and empirical facts as this might constitute violation of the right to water.