Since the international water conference in Dublin in 1992, the international community has continued to refuse (institutionally) to recognise the access to water as a human right, i.e. as a universal, impartible and untouchable right.
Yet water is the irreplaceable basis of
all life on earth, and therefore the access to water must formally be
recognised as a human right. At the end of 2002 an expert commission in
the UN formulated this as follows:
Water is a limited natural resource and
a public good fundamental for life and health. The human right to water
is indispensable for leading a life in human dignity. It is a
prerequisite for the realization of other human rights.
The human right to water entitles
everyone to sufficient, safe, acceptable, physically accessible and
affordable water for personal and domestic uses. An adequate amount of
safe water is necessary to prevent death from dehydration, to reduce
the risk of water-related disease and to provide for consumption,
cooking, personal and domestic hygienic requirements.
The adequacy of water should not be interpreted narrowly, by mere
reference to volumetric quantities and technologies. Water should be
treated as a social and cultural good, and not primarily as an economic
good. The manner of the realization of the right to water must also be
sustainable, ensuring that the right can be realized for present and
future generations.
(UN, 2002, Economic and Social Council, Committee on Economic,
Social and Cultural Rights, The right to water (Articles 11 and 12 of
the International Covenant on Economic, Social and Cultural Rights,
General Comment No 15 (2002) E/C.12/2002/11).
Meanwhile in Belgium there is a consensus about the fact that the
access to water is best insured by considering water as a public good
that better remains in the government’s hands. This is best proved by
the water resolution "access to water for everyone", accepted on 14
April 2005 by the plenary meeting of the Chamber of People’s
Representatives. After a campaign of 11.11.11, the cupola of the
Flemish North-South movement, the Flemish municipalities (60 %) and
provinces (80 %) too came to support this resolution.
"The right to water for everyone" was
not incorporated into the ministers’ final declaration of the World
Water Forum in Mexico (March 2006). On the one hand this was due to the
fundamentally rejecting attitude of the US, and on the other hand to a
number of developing countries who do not wish to have water supplies
as a legal obligation in their country, since they cannot realise it
anyways because of lack of resources (e.g. South Africa).
Nonetheless the general tendency of the World Water Forum was to
consider "water is a right for everyone". Now even the water actors
from the private sector declared this so.
Germany and Spain push the most to recognize water as a human
right
In November 2006 Germany and Spain encouraged the newly formed Human
Rights Council to have the OHCHR (the Office of the United Nation High
Commissioner for Human Rights) made a comprehensive study on the
recognition of drinking water as a human right.
The High Commissioner has presented his report to the General Assembly
of the UN on the 13th of August 2007. Although the commissioner urges
the UN to continue its considerations to recognize drinking water and
sanitation as a human right, he also points out various, mostly legal
issues that need to be clarified, but he also especially calls upon the
member states to change the lack of attention for this subject on an
international level.
During a “side-event” of the UN Human Rights Council in Geneva on 14
September 07, Germany and Spain further engaged to do something about
this topic and to accelerate the recognition of drinking water and
sanitation as a human right. They call upon other countries to give the
necessary attention to the report, and to effectuate heavy lobbying as
well, so that a decision would be made on the next Council’ meeting in
March 2008 to start a special procedure for the definitive recognition
of drinking water and sanitation as a human right.
According to the spokesman of the German government, Dr. Uschi Eid,
“water” and “sanitation” are inextricably connected in this topic. The
provision of pure drinking water can not be seen without the draining
and treatment of waste water and excrements for the improvement of the
general level of hygiene.
Dirt water and insufficient hygiene and sanitation provisions cause 80%
of the diseases in developing countries and result in more deaths than
Aids.
Therefore 2008 has been declared the “International year of sanitation”
by the General Assembly of the UN.
Source: http://www.uschi-eid.de/pdf/MRR-speaking%20points%20genf.pdf
UN Resolution ‘Drinking water is human right”, a step forward -
July 28th 2010
The General Assembly of the United Nations adopted on July 28 2010 a
resolution declaring clean and safe water and sanitation a human
right. Although this resolution is non-binding, it has a
significant political meaning. The debate in the international
community has in the last 15 years been sometimes quite contentious,
and for the first time ever, nobody voted against the proposed
resolution to recognise drinking water and basic sanitation as a human
right.
Today, 900 million people lack access to safe drinking water in their
neighbourhood, and 2.6 billion live without decent sanitary
infrastructure. Waterborne diseases like diarrhoea yearly kill
more than 3 million people, most of them children under 5 years.
These diseases are also prohibiting children from going to
school.
The Millennium Development Goal (MDG) to reduce, by 2015, by half the
proportion of people lacking access to drinking water will probably be
achieved. However, large regional differences do persist: the
situation in Sub-Saharan Africa is rather bad.
The predictions for the MDG concerning basic sanitation are looking
really bad. This MDG strives as well to reduce by half the
proportion of people without basic sanitation, but at the present pace,
this target will be missed by 1 billion people.
122 countries voted in favour
The UN resolution was introduced by Bolivia with Yemen as
co-sponsor. It was supported by 122 countries, among which China, the
Russian Federation, Egypt, France, Spain, Germany and Belgium.
There were no votes against.
41 countries abstained, among which the United States of America,
Canada, Turkey, Israel, the United Kingdom and the Netherlands.
A lot of the abstaining countries argued that this resolution could
undermine the preparatory work within the Geneva-based UN Human Rights
Council. The independent UN expert Catarina de Albuquerque is
working on the issue of human rights obligations related to access to
water and sanitation. Her report, expected in 2011, should be the
basis to come to a binding decision on the right to water and
sanitation.
Other abstaining countries said the text of the resolution is too
vague, that not enough responsibility is laid with the national
governments, and that there is a lack of international laws supporting
the right to water.
Germany - within the EU together with Spain the strongest supporter of
the right to water – voted in favour of the resolution although they
would have preferred a stronger message to all countries stipulating
their responsibility in this matter. Germany invited countries to
actively support the process going on in the UN Human Rights
Council.
Belgium voted in favour, but regretted together with many other
countries the fact that consensus could not be reached, necessitating a
recorded vote. Belgium regretted as well that some important
suggestions by the European Union had not been included in the
text. In March 2010, the 27 Member States of the European Union
implicitly recognized the right to water.
Although non-binding, the adoption of this resolution sends a strong
signal to the international community. Developed countries and
international agencies should provide (more) financial and technical
support to developing countries, to help them scale up efforts to
provide safe and clean water and basic sanitation.
Participants in the debate on the right to water do have hidden
agendas… Some rich countries are considering selling their water
resources as a commodity, which is rather contradictory in the context
of water being a human right. Other countries fear that the
resolution would give tools to their own population to use against
them.
PROTOS is promoting the recognition of drinking water as human right
since its creation. Although everyone in Belgium has access to
drinking water, it would be nice to write this right down in the
constitution. In this case, Belgium would set an example to other
countries.
Sources:
http://www.un.org/News/Press/docs/2010/ga10967.doc.htm
http://www.bbc.co.uk/news/world-us-canada-10797988