The Right to Water in Palestine: A Rights-Based Approach in Facing Social, Economic, and Political Challenges within the Context of Climate Change

Introduction

Water has always been the lifeline of Palestinian society. The existence of Palestinian towns and villages has long been linked to the availability of water, especially since the majority historically relied on agriculture for their livelihoods. Water from springs, streams, and rivers, particularly the Jordan River and shallow groundwater sources (such as those in the Coastal Aquifer Basin), has played a crucial role in shaping the identity, culture, and patterns of agriculture across different regions. For instance, in the plain areas such as the Beisan Plain, the Jezreel Valley, the Galilee plains, the coastal plain, and the Jordan Valley, agriculture focused on vegetables, wheat, barley, legumes, citrus fruits and bananas in the Jericho and Jordan Valley areas. Additionally, orange cultivation became widespread in the coastal plain in Jaffa, whose name became synonymous with oranges. Since the early nineteenth century, Jaffa oranges became an important export commodity with significant economic returns. In addition to irrigated agriculture, rainfed agriculture developed in mountainous regions, particularly the cultivation of olives, grapes, and figs. This led to diversity and integration in agricultural production, and self-sufficiency in several key goods or strategic crops, such as wheat, barley, legumes, and oil, across Palestine.

In the past, Palestinian society coexisted with these water sources and adapted to their productive capacity, developing mechanisms for managing water resources and sharing the water of springs and rivers, beginning with the agricultural lands that were irrigated naturally by their flow. These arrangements turned into acquired water rights for landowners, which could be inherited, sold, and purchased along with the associated lands. The Islamic Sharia law served as the primary reference for managing these resources and resolving any disputes that arose regarding their management or distribution. This period was characterized by a balanced and sustainable use of resources, avoiding depletion and ensuring their preservation.

With the end of World War I, the era of British colonialism in the region began. The Balfour Declaration was issued, facilitating Zionist colonization of Palestinian lands, the seizure of land and water, the establishment of Zionist colonies, and the denial of Palestinian water rights, particularly through the discriminatory application of international law and systematic changes to existing laws. The British Mandate authorities strengthened Zionist settlers’ control over land and resources, often allowing them to act outside the law and providing them with protection, while strictly enforcing laws against the Palestinian rightful owners. This prevented Palestinians from taking any action to protect their rights and lands (Ward, Ruckstuhl and Learmont 2022). With the expansion of Zionist colonialism and the implementation of major water projects, such as the drainage of Lake Hula, the establishment of the National Water Carrier, which diverted water from Lake Tiberias to the Negev in the south, and the drilling of deep wells, the characteristics of water sources changed, disrupting the existing environmental and water balance. These resources were depleted to serve the interests and needs of the settlers at the expense of Palestinian rights. Despite these measures and the ongoing violations of these rights by the Occupying State since 1948 to the present day, water rights of the Palestinian people are guaranteed under international laws and norms.

This paper examines the Palestinian people’s right to water and the main challenges that continue to hinder access to this right. It adopts a rights-based approach, recognizing that the right to water is a fundamental human right and an integral part of a comprehensive and indivisible system of rights. Furthermore, the paper reviews economic and social policies and their relevance to the right to water, as well as other related rights, such as the rights to food, housing, and health, etc. The study also adopts a gender approach and explores the possibility of integrating it into the right to water and linking it to other relevant agreements. It also clarifies the extent to which climate change affects water availability and its repercussions on the right to water.