recognition of other rights which may be conferred by for instance international law, as long as the rights so created are consistent with the constitution. The national objectives in the constitution are also based on the concept of progressive realization of all economic and social rights. However the same national objectives are subjected to the limitation of the availability of resources. However, notwithstanding these positive provisions of the new constitution particularly in relation to economic, social and cultural rights, the rights are punctuated with provisos, which subject the rights to the limitation of available resources43. The new Constitution as published on 22 May 2013, also protected the right to water in section 77, which provides that every person has a right to safe, clean and potable water. Zimbabwe is also a signatory to the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights. These instruments oblige the government to ensure that citizens have the highest attainable state of physical health. Without water, one cannot achieve this status. The United Nations has also through UN Resolution 64/292, now recognized that water is a human right and acknowledged that clean drinking water and sanitation are essential to the realisation of all human rights. Zimbabwe had been known for accusing CSOs and NGOs for overly concentrating on civil and political rights at the expense of economic and social rights. Navi Pillay addressed the issue at length during her visit to Zimbabwe in May 2012, according to her , ‘the right to vote or to freely assemble does not mean too much to someone who is suffering from hunger or ill health because she cannot afford decent health care’. At the same time, as the noted Nobel Laureate Amartya Sen has so aptly argued, no famine has ever occurred in a functioning democracy. It seems that the full, active and meaningful participation in designing and implementing government policies by those affected enables early warning of a crisis and the formulation of the most appropriate policy responses. Likewise, access to information, including through a free press, enables people to better prepare and protect themselves against such crises’44. Access to Water Water also remained one of the major issues. Two major hospitals in Harare, Parirenyatwa and Harare Hospitals, lacked a continuous supply of water45. Access to potable water is not only a fundamental right, but lack thereof can have a negative effect on other rights. ZLHR raised concerns that the chronic water shortage at these two hospitals was totally unacceptable. It undermined the progressive realization of the right to water and negatively impacts on patients’ ability to progressively realize the best attainable state of physical and mental health. Authorities did not show a commitment to address the water situation. For more than 7 years, Zimbabweans continued to tolerate lack of access to basic services – such as potable water - by authorities. Such dereliction of duty was not only seen as irresponsible but has caused wanton loss of life in previous years due to the spread of water-borne diseases such as cholera and typhoid. Rights groups, recommend urgent measures be taken by the state to provide alternative and uninterrupted sources of water to the two hospitals until such time as a constant and reliable supply has been restored; the state, through its Ministry of Water Resources and Development, local councils, and the Zimbabwe National Water Authority (ZINWA), must take effective measures to ensure adequate and regular provision of clean water, and must publicly disclose such measures to the general public; Investigations must be made into culpability for this disruption of service and failure to deliver, and those responsible must be made accountable forthwith; Government to, after comprehensive consultation with all stakeholders, adopt and implement a sustainable strategy that includes a clear plan for provision of clean water to all communities, and regular monitoring and evaluation of progress and challenges, and for Management at Parirenyatwa and Harare Hospitals to take responsibility and prioritise the welfare of patients working closely with central government and other 43 44 Christmas, T, Justiciability of Ecosoc rights in Zimbabwe, November 2013 45 The Standard of 8 September 2013 66