Bill 15.

Summary.

The bill declares the human right to water for everyone in Panama. Its objectives include access without discrimination, water quality for human consumption, fewer service interruptions and illnesses associated with lack of water, prevention of contamination of surface water and groundwater, and education in sustainable management. The State recognizes access to sufficient, safe, wholesome and affordable water for personal and domestic use, in accordance with standards of the World Health Organization (Organización Mundial de la Salud). Water is declared a public domain resource, to be enjoyed under the bill, the Constitution of the Republic of Panama (Constitución de la República de Panamá) and applicable international rules.

The right is governed by constant and sufficient availability, sanitary quality, physical accessibility of water and sanitation facilities, nondiscrimination, sustainable consumption and community participation. Accessibility takes account of groups including persons with disabilities, women, children and older adults. The right includes receiving water fit for consumption, domestic use and personal hygiene; having infrastructure that enables access to the supply; consuming water free from contamination and pathogens; and retaining service except on the grounds specified in the bill.

The State must refrain from obstructing the right to water and prevent contamination, arbitrary or unlawful shutoffs, reduced supply to informal settlements, punitive destruction of infrastructure and depletion of sources essential to Indigenous peoples. It must also protect watersheds and prevent natural or legal persons from obstructing the right. Exercise of the right requires rational water use and avoidance of activities that endanger its availability or potability. The National Institute of Aqueducts and Sewers (Instituto de Acueductos y Alcantarillados Nacionales, IDAAN) would promote awareness campaigns, environmental education and efficient management.

Supply could be interrupted only for preventive maintenance, repairs following unforeseen damage, nonpayment—subject to the exemption under Article 43 of Law No. 77 of December 28, 2001 (Ley No. 77 de 28 de diciembre de 2001)—or natural emergencies affecting infrastructure. The State would seek to minimize the duration and serious effects of interruptions. IDAAN would announce maintenance at least 72 hours in advance through widely distributed media, digital media and social networks. For unforeseen damage, it would publish a notice as soon as it becomes aware of the damage, explaining it and giving an estimated restoration date.

From its entry into force, the bill provides for the State to guarantee immediate access to, and availability of, an uninterrupted drinking water supply throughout the national territory. It provides for annual monitoring and assessment of progress toward the targets and for a citizens’ advisory council to oversee the plans. IDAAN would disclose preliminary plans for developing supply services so that the public could submit comments within a reasonable period.

Everyone would pay an affordable price for the service, subject to statutory exemptions. Article 43 of Law No. 77 of December 28, 2001 would apply to people living in poverty or extreme poverty; support measures for people facing economic vulnerability are also provided. IDAAN and the Ministry of Environment (Ministerio de Ambiente) would develop incentives for responsible water use that users in arrears could apply toward all or part of their water service debt. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within a maximum of one year after the law entered into force, which would occur upon publication in the Official Gazette.

The bill concerns the National Institute of Aqueducts and Sewers, the Ministry of Environment and the Executive Branch. Its provisions could interest or affect drinking water users, rural and Indigenous communities, people facing economic vulnerability, and providers of water supply infrastructure and services.