20 THE RIGHTS TO FOOD AND WATER expressly guarantee the right to food, the decision by the African Commission on Human and People’s Rights in the landmark Ogoni case against Nigeria (2002), has recognized the right to food as implicit under Art. 4 (right to life) and Art. 16 (right to health) of the Charter.25 At the national level, the right to food also appears in a number of constitutions.26 Right to water The right to water has been recognized in a wide range of international documents.27 Everyone is entitled to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.28 State parties must guarantee that the right to water is enjoyed without discrimination and take steps to remove de facto discrimination.29 State parties should give special attention to individuals and groups who have traditionally faced difficulties in exercising their right to water, including women, children, minority groups, indigenous peoples. In particular, state parties should take steps to ensure that: (d) Indigenous peoples’ access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water. (e) Nomadic and traveller communities have access to adequate water at traditional and designated halting sites …30 The CESCR also noted the importance of ensuring sustainable access to water resources for agriculture to realize the right to adequate food. It observed that particular attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems.31 The Special Rapporteur on the Right to Food has reiterated that access to safe drinking water is essential, including for irrigation purposes.32 At the regional level, the African Charter on the Rights and Welfare of the Child, explicitly provides for safe drinking water under Art. 14. And while the African Charter on Human and Peoples’ Rights (ACHPR) does not expressly provide for a right to water, the African Commission in the case of Free Legal Assistance, et. al. v. Zaire 33 held that a failure of the government to provide basic services such as safe drinking water is a violation of Art. 16 (right to health). The Recommendation 14 (2001) of the Council of Europe’s Committee of Ministers to member states on the European Charter on Water Resources34 recognizes the right to a sufficient quantity of water to meet basic needs (paras. 5 and 19). At the national level a number of constitutions, as well as national legislation and judicial decisions, recognize the right to water.35