Right to Water

Talking Points – UN General Assembly Human Right to Water Resolution

On June 17th, the government of Bolivia introduced, for informal consultation, a draft resolution recognizing the human right to water and sanitation, with the goal of having the United Nations General Assembly declare water and sanitation as human rights.
There have been 5 informal consultations as well as many bilateral discussions to achieve consensus on the text, which will be presented to the President of the General Assembly the week of July 19th, for consideration by all member states on July 28th, 2010.
Many countries, primarily from the Global South, have sign-on as co-sponsors, but there are still countries who are on the record as opposing the right to water and sanitation. Canada and the USA are two, with the UK joining them.
The position of the European Union is key in this process. Should they take a common position, and allow some countries who are against the human right to water and sanitation to prevail, it would be a severe blow to this resolution and the recognition of the human right to water and sanitation.
This scenario would also present the unfortunate circumstance of, for the most part, water-rich and wealthy western states obstructing the recognition of the human right to water and sanitation against the wishes of those countries struggling to achieve recognition and (ultimately) fulfillment of these rights for their populations.
It is important to note that this resolution is a political statement and passage of such a resolution would not diminish the work of the Independent Expert of the human rights council, but rather would enhance and support this work. The text has actually given reporting responsibilities to the Independent Expert, over the traditional convention of having the Secretary General play this role, an obvious attempt to support the work of the Independent Expert.
International water activists have been working for almost a decade, calling for the UN to recognize the human right to water. Sanitation is not as well established, but there is certainly a clear link and necessity, as evidenced by the recent report from the Independent Expert on the human right to sanitation.

Historical and Legal Context:

60 years ago, the Universal Declaration of Human Rights did not include water explicitly. This has created the opportunity for some governments to deny that such a right exists despite a large and growing body of legal doctrine and interpretations at both the global and national levels.
The core documents with relation to the human right to water and sanitation (because sanitation and water are inextricably linked with relation to the human right to water needing sanitation to ensure enjoyment) include the Convention on the Rights of the Child, Convention on Elimination of All Forms of Discrimination Against Women, Covenant on Economic Social and Cultural Rights (as interpreted by General Comment 15 of the Committee on Economic, Social and Cultural Rights) and the Covenant on Civil and Political Rights.
It is important to note that the human right to water being declared a human right in this resolution is more accurately a re-affirmation of a right that exists, despite what some member states claim. This is as clear as the fact that water is life and that General Comment 15, the interpretation of the legal obligations of covenant parties by the Committee on Economic, Social and Cultural Rights was unambiguous in asserting the existence of the human right to water.
There have also been studies by Madame Louise Arbour when she was the High Commissioner for Human Rights and the Independent Expert, Catarina de Albuquerque, who has a mandate from the Human Rights Council.
Most member states of the United Nations already are bound by the human right to water and sanitation through either domestic law or international legal instruments, though international instruments are not legally enforceable (justiciable) when dealing with economic social and cultural rights.

Impacts of this Resolution

A General Assembly resolution is a political statement and as-such, further work would be needed on adopting a dedicated legal instrument such as a human right to water convention or treaty.
The positive impact of this resolution would be to signal the importance and priority of this issue to member states, UN specialized agencies, donor governments, aid agencies, affected peoples and communities, as well as the global community.
This resolution would set the foundation for further progress with ensuring these rights, once there is international recognition we would then be asking the UN and member states what could be done to assist with implementation and assuring fulfillment of these rights in a progressive manner.

Likely Outcomes

It is important to note that our wish would be a consensus supporting the human right to water and sanitation. Unfortunately, some member states have been very clear regarding their opposition. Canada, the US and the UK are the 3 main blocks to this point and the hope is that they would not stand in the way of this resolution, nor use their considerable political clout to influence others to vote against this resolution.
If enough member states support this initiative then this resolution will pass and we can look at next steps. If this resolution is not successful, it will be a blow to our collective humanity to have a small group of wealthy countries blocking fulfillment of such basic human rights and directly contribute to standing in the way of reduced infant mortality, education for young girls by freeing them from carrying water and an overall empowerment and increase in dignity for the poorest and most marginalized people in the world.
Such an outcome would be unacceptable, so we must act quickly and decisively.
Together we can act to see this resolution passed, and then further look at how we can collaborate moving forward... (with each other, but also with member states)

Prepared by Anil Naidoo

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