Tag Archives: right to sanitation

Europe: one million signatures for Water as a Human Right

Water is a human right logoThe first up and running European Citizens Initiative (ECI) ‘Water is a Human
Right’ made history as also being the first ECI in the history of the European Union to have collected over 1 million signatures.  The water initiative aims to get the European Commission  to propose legislation on the human right to water covering the following three issues:

  • guaranteed access to water and sanitation services for all EU citizens, including the 2 million currently without access and those threatened with disconnection because they can’t afford to pay their bills
  • no liberalisation of water and sanitation services
  • more European action to ensure that everyone in the world can enjoy the human right to water and sanitation

While the one million signatures are enough to get the proposals on the European political agenda, a further requirement is to reach a minimum number of signatures in at least seven EU countries. Up to 12 March, five countries have  met this requirement: Austria, Belgium, Germany, Slovakia and Slovenia.  The organisers have collected 1.35 million signatures so far, and aim to get 2 million signatures by September 2013

The organisations behind the water is a human right campaign include the following trade unions and NGOs:

  • Aqua Publica Europea
  • European Anti Poverty Network (EAPN)
  • European Environmental Bureau (EEB)
  • European Public Health Alliance (EPHA)
  • European Federation of Public Service Unions (EPSU)
  • European Trade Union Confederation (ETUC)
  • Public Services International (PSI)
  • Social Platform and 
  • Women in Europe for a Common Future (WECF).

The ECI is the first transnational instrument of participatory democracy in world history. It is considered to be one of the major innovations of the Treaty of Lisbon.

Watch the campaign video.

Related websites:

Source: EPSU, 11 Feb 2013 ; EurActiv, 12 Feb 2013 ; right2water, 07 Mar 2013

Is the UK’s recognition of right to sanitation half-hearted?

In a statement issued on 27 June 2012, the UK Government officially recognises sanitation as a human right under international law. However, in their interpretation of this right, the government excludes “the collection and transport of human waste”. It also does not accept, in their entirety, specific U.N. documents on the right to water and sanitation.

The UK had originally abstained from voting on the resolution on the right to water and sanitation at the UN General Assembly in 2010. It stated then that it did not believe that there was a sufficient legal basis under international law to declare sanitation as a human right.

Facing growing international pressure by NGOs and UN Special Rapporteur Catarina de Albuquerque, the UK announced on 15 June 2012 that it would support the inclusion of commitments to the right both to safe drinking water and to sanitation as a human right in the Rio+20 outcome document.

What the implications are of the UK’s interpretation of the right to sanitation is unclear. Maybe the government should send their legal advisers to a slum during the rainy season to see what happens when there is no adequate collection and transport of human waste.

Related news:

  • Rio+20: Canada finally recognises human right to water and sanitation, E-Source, 13 Jun 2012
  • Right to water and sanitation: finally declared legally binding in international law, E-Source, 19 Oct 2010

Related web sites:

Source:

  • UK recognises right to sanitation, UK FCO, 27 Jun 2012
  • Isabella Montgomery, UK Government supports right to sanitation inclusion at Rio+20, FAN, Jun 2012

Rio+20: Canada finally recognises human right to water and sanitation

In the run-up to Rio+20, Canada became one of the last Western nations to drop its opposition to a reference to water and sanitation as a human right in the zero draft outcome document The Future We Want [1]. This was achieved by an international lobby led by the likes of Maude Barlow’s Council of Canadians and UN Special Rapporteur Catarina de Albuquerque.

Maude Barlow. Photo: Council of Canadians

Until a month ago, Canada was the only country to publicly claim there was no legal basis for the right to water and call for deletion of paragraph 67, which referred to this right, from the Rio+20 document, said Anil Naidoo of the Council of Canadians’ Blue Planet Project.

The U.N. General Assembly adopted a resolution in July 2010 recognising water and sanitation as a basic human right [2] and on 30 September 2010, the UN Human Rights Council recognised the right as legally binding in international law [3].

At the initial Rio+20 negotiations last year, several human rights and non-governmental organisations (NGOs) warned that the human right to water and sanitation was under threat. This started when the UK, working inside the European Union (EU), first proposed to delete paragraph 67 from the zero draft.

Catarina de Albuquerque. Photo: OHCHR

After pressure from several international NGOs and an appeal [4] by Special Rapporteur on the human right to safe drinking water and sanitation Catarina de Albuquerque, the EU backed down and other governments pushed back against the UK, notably Spain, said Naidoo.

But still, Canada, later joined by the United States and Israel, continued to call for deletion of paragraph 67. Intense lobbying, supported by UN High Commissioner for Human Rights Navanethem Pillay, who called for human rights to be protected in the Rio negotiations [5], finally convinced Canada to drop its opposition to the recognition of water and sanitation as a human right.

[1] Rio+20 - The Future We Want – Zero draft of the outcome document

[2] Right to water and sanitation: UN General Assembly passes landmark resolution, E-Source, 08 Sep 2010

[3] Right to water and sanitation: finally declared legally binding in international law, E-Source, 19 Oct 2010

[4] Rio+20: “Do not betray your commitments on the human right to water and sanitation”, OHCHR, 22 Mar 2012

[5] Navanethem Pillay, Open Letter, OHCHR, 30 Mar 2012

Related web sites:

Source: Thalif Deen, Canada, Last Holdout, Drops Opposition to Water as Human Right, IPS, 31 May 2012

UN Human Rights Council affirms that right to water and sanitation is legally binding

The UN Human Rights Council has finally recognised the right to water and sanitation as legally binding in international law, in a landmark decision adopted on 30 September 2010.

[T]he UN affirmed [...] by consensus that the right to water and sanitation is derived from the right to an adequate standard of living, which is contained in several international human rights treaties. While experts working with the UN human rights system have long acknowledged this, it was the first time that the Human Rights Council has declared itself on the issue.

According to the UN Independent Expert on human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, “this means that for the UN, the right to water and sanitation, is contained in existing human rights treaties and is therefore legally binding”. She added that “this landmark decision has the potential to change the lives of the billions of human beings who still lack access to water and sanitation.”

Continue reading

Human rights: obligations related to private and other non-state service provision in water and sanitation

The human rights framework does not express a preference for public or private models for the provision of water and sanitation services, as long as the human rights to water and sanitation are guaranteed. This is one of the main conclusions of the latest report [1] by the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Ms. Catarina de Albuquerque. She calls for a more nuanced, less ideological and emotional, debate that acknowledges that wide variety of actors and arrangements, which are rarely exclusively public or private, in service delivery.

Ms De Albuquerque has a three-year mandate (2008-2011) to provide recommendations on the right to water and sanitation to the UN Human Rights Council. Each year she focuses on one or more specific issues. For 2010 Ms De Albuquerque chose the contentious issue of private sector participation in the provision of water and sanitation services.

Continue reading

General Assembly declares access to clean water and sanitation is a human right

After more than 15 years of contentious debate on the issue, the United Nations General Assembly has passed a historical resolution (64/L.63/Rev.1) declaring “the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights”.

In the non-binding text, the 192-member Assembly also called on UN Member States and international organizations to offer funding, technology and other resources to help poorer countries scale up their efforts to provide clean, accessible and affordable drinking water and sanitation for all. This clause appeared to put the onus of rectifying the situation on rich countries, a Reuters report suggested.

Continue reading

UN Expert to study Japan’s key role as biggest international donor to water and sanitation projects

Ms Catarina de Albuquerque, Independent Expert

UN independent expert Catarina de Albuquerque will visit Japan from 20-28 July 2010 to collect first hand information and talk with the authorities about the steps taken to ensure that the rights to safe drinking water and sanitation are guaranteed in its territory, as well as the extent to which these rights are promoted through official development aid.

“Japan is the biggest donor in the water and sanitation sectors and its actions have a crucial role for promoting enjoyment of the rights to water and sanitation worldwide,” said the Independent Expert designated by the UN Human Rights Council to examine the issue of human rights obligations related to access to safe drinking water and sanitation.

“This mission will particularly consider the situation of the most vulnerable groups with a special emphasis on the human rights principles of equality, non-discrimination, participation and accountability,” Ms. de Albuquerque said. During her first visit to Japan, she will also focus on issues such as sanitation in remote areas of the country and the challenges to maintenance and improvement of infrastructure.

As human rights, all people, without discrimination, must have access to safe drinking water and sanitation, which is affordable, acceptable, available and safe. States must continually take steps to ensure that access to these fundamental rights is guaranteed.

Ms. de Albuquerque will meet with Government officials, water and wastewater operators, and representatives from civil society and academia. Besides official Government meetings in the capital, Tokyo, she will also visit Kyoto and Osaka. Her findings and recommendations will be presented in a report to the Human Rights Council.

A press conference will be held at the United Nations Information Center in Tokyo, on 28 July at 15:00.

Catarina de Albuquerque is a Portuguese lawyer currently working as a senior legal adviser at the Office for Documentation and Comparative Law (an independent institution under the Portuguese Prosecutor General’s Office) in the area of human rights. She holds a DES in international relations with a specialization in international law from the Graduate Institute of International Studies in Geneva. She was appointed as Independent Expert in September 2008 and took up her functions in November 2008.

Source: OHCHR, 16 Jul 2010

Water as human right threatens to split world body

A proposal drafted by Bolivia to recognise the right to water and sanitation as a basic universal human right is now being discussed at the United Nations. Former Soviet leader and founding member of Green Cross International Mikhail Gorbachev, wrote an op-ed calling for support for the “historic resolution”.

“More lives have been lost after World War II due to contaminated water than from all forms of violence and war”, Gorbachev wrote.

This humanitarian catastrophe has been allowed to fester for generations. We must stop it.

Acknowledging that access to safe water and sanitation is a human right is crucial to the ongoing struggle to save these lives; it is an idea that has come of age. It was first proposed a decade ago by civil society organizations, like Green Cross International, which I helped establish in 1992. Today, it is a mainstream demand that many governments and business leaders support. That is a great achievement.

This month, for the first time, the U.N. General Assembly is preparing to vote on a historic resolution declaring the human right to “safe and clean drinking water and sanitation.” It is a pivotal opportunity.

“So far, 190 states have acknowledged — directly or indirectly — the human right to safe water and sanitation”, writes Gorbachev. This has also happened at regional level by the leaders from the Asia-Pacific countries in 2007 and by the European Union in March 2010.

Opposition to the proposal is coming mostly from Western nations, says Maude Barlow, a global water advocate and a founder of the Canada-based Blue Planet Project.

“Canada is the worst. But Australia, the United States and Great Britain are also holding up the process,” she said.

“I am loath to see this as a North-South issue, but it is beginning to look like it,” Barlow told IPS.

If the draft resolution is eventually adopted by the 192- member U.N. General Assembly, “it would be one of the most important things the United Nations has done since the Universal Declaration of Human Rights,” she said.

Gorbachev mentions that a “few other states, like Turkey and Egypt, have also hesitated to formally acknowledge the right to water, mainly because of boundary-related water issues”.

However, an absolute global consensus is not essential. The reluctance of a handful of countries cannot derail this vitally important trend.

Recognizing water as a human right is a critical step, but it is not an instant “silver bullet” solution. This right must be enshrined in national laws, and upholding it must be a top priority.

A final text of the two-page draft is expected to be presented to the president of the General Assembly, Ali Abdussalam Treki, by the end of July 2010.

Speaking off-the-record, a diplomatic source told IPS: “This is something very dear to developing countries.”

It is true that there is actually no legal basis for declaring the right to water and sanitation as a basic universal human right, and issues like definitions and scope have to be worked out. He said the argument being made is there is already an ongoing process in Geneva that is meant to work on this, and that the General Assembly “is jumping the gun”.

“Overall, water and sanitation are such critical issues that we must work towards consensus on this resolution. Anything less than consensus would undermine the very importance we attach to them,” he warned.

“The lack of access to clean water is the greatest human rights violation in the world,” said Barlow, who was Senior Advisor on Water to the 63rd President of the U.N. General Assembly in 2008-2009.

Canadian fears that a right to water convention might force it to share its water with the United States, are a complete “red herring”, Barlow added.

The truth is that a right to water convention at the U.N. would act as a counterweight to those who want to sell Canada’s water for profit and is a more likely explanation of Canada’s continued opposition, Barlow said.

The Stockholm International Water Institute (SIWI) is one of the organisations supporting the human right to water and sanitation. Project Officer Ann-Mari Karlsson said SIWI supports the views of the “U.N. independent expert that the right to water and sanitation are components of the rights to an adequate standard of living and that these rights are protected under Article 11 of the International Covenant on Economic, Social and Cultural Rights”.

She said it is important that a U.N. resolution on the right to water and sanitation should state this clearly, “which as far as we can see, the current draft does not”.

What is more, the importance of sanitation in this context cannot be underestimated.

Karlsson said water and sanitation are closely linked, and the world is more off track to reach the Millennium Development Goals on access to sanitation than it is for access to water.

“There should be an adequate reflection of this in the resolution,” she added.

Earlier the Freshwater Action Network (FAN) warned that there was talk of removing sanitation from the UN draft resolution on the human right to water and sanitation. Country level activities aimed at improving sanitation “will be greatly undermined if sanitation is not included in the UN resolution“, wrote public health professional Shamim Ahmed from Bangladesh in the Daily Star of 10 July 2010.

Advocacy group Food & Water Watch has launched an online petition asking U.S. Ambassador to the United Nations Susan Rice to support the Human Right to Water.

Anil Naidoo, also of the Blue Planet Project, had lobbied officials from China and the 130-member Group of 77 developing countries to promote the draft resolution.

“International and local community groups fighting for water justice have long been calling for leadership from the U.N. in clearly recognizing that water and sanitation are human rights,” said Naidoo.

“As this moves forward we are demanding that the language of the resolution remain strong and leave no doubt that water and sanitation are human rights,” he added.

A coalition of international NGOs, including the Council of Canadians, Food and Water Europe, Corporate Europe Observatory and the Blue Planet Project, had appealed to members of the European Parliament seeking their political support as well.

“In light of the European Union’s recognition of water as a human right, it will be crucial that the EU play a key role in promoting this key resolution at the United Nations,” says the letter.

Michael Gorbachev ends his Op-Ed optimistically.

There is tremendous political will and popular momentum behind the movement to formally declare safe water and sanitation as human rights. We must seize this moment and translate our enthusiasm into solid, binding legislation and action at the national and international levels — starting with the expected U.N. vote this month.

I was pleased a few weeks ago to hear President Nicolas Sarkozy call for the 2012 World Water Forum — to be held in the French city of Marseille — to be the venue for the international recognition of the universal right to safe water and sanitation. This cause needs more “champions” — respected public figures and opinion leaders who act as its ambassadors around the world.

The actions and voices of millions of citizens have brought the global movement for the right to water this far. I hope that more people will join us to help bring us closer to the ultimate goal — a world where everyone’s right to safe water and sanitation is not just recognized but is also fulfilled.

Source: Thalif Deen, IPS, 15 Jul 2010 ; Mikhail Gorbachev, New York Times, 16 Jul 2010

U.N. rights experts call for proper toilets in prisons

People held in jails and other detention centres around the world frequently have no access to clean toilets; a violation of their basic human rights, three United Nations investigators said Wednesday.

In statements marking World Toilet Day, marked on November 19 since 2001, they said states and governments had the obligation to ensure that all prisoners could enjoy safe sanitation.

“Without it, detention conditions are inhumane, and contrary to the basic human dignity that underpins all human rights,” the investigators — on torture, access to water and sanitation, and the right to the best possible health, declared jointly.

World Toilet Day is promoted by the World Toilet Organization, founded in 2001 by Singapore entrepreneur Jack Sim as a global non-profit network aiming to improve sanitation and public health policies.

“In too many places, detainees in prisons, migrant detention centres, juvenile institutions, psychiatric hospitals and other state-run institutions are forgotten,” said Manfred Nowak, special rapporteur on torture to the U.N. Human Rights Council.

Anand Grover, rapporteur on the right to the highest attainable standard of health, said unsanitary conditions “directly cause many diseases rife in places of detention.

“Access to sanitation is fundamental for a life in dignity, which all people are entitled to,” declared Catarina de Albuquerque, U.N. independent expert on human rights and access to sanitation.

“Even those convicted of heinous crimes must enjoy such basis rights,” she added.

Read the full OHCHR World Toilet Day statement.

Source: Jon Hemming, Reuters, 19 Nov 2009 [based on the UN news press release]

UN investigator tells of horrors and insanitary conditions of world prisons

Inmates at a prison in Uruguay can spend years in “las latas” (tin cans) — small metal boxes where temperatures rise to 60 degrees Celcius. They had to use the water in the toilets for drinking and defecate in plastic bags which they later threw outside their cells.

Those were among the abuses chronicled in a report released by Manfred Nowak, an Austrian human rights lawyer and U.N. special rapporteur on torture and other forms of cruel and inhuman treatment and punishment. Nowak’s report focused on “forgotten prisons” and the treatment of children in the dozens of countries he visited. He said roughly 1 million of the world’s 10 million detainees were children, some as young as 9 or 10 years old.

Nowak notes that in many countries the “police and prison authorities simply do not regard it as their responsibility to provide detainees with the most basic services necessary for survival, let alone for a dignified existence or what human rights instruments call an “adequate standard of living”, i.e., food, water, clothing, a toilet and a proper place to sleep.”

The living conditions of prisoners in Equatorial Guinea and Uruguay were shocking.

“”In Equatorial Guinea, detainees spend several weeks or even months in overcrowded, often dark and filthy police cells with virtually nothing but a concrete floor where they are kept for 24 hours a day. It is the task of their families to bring them water in plastic bottles and food in plastic bags. Since there are no toilets, they must use the same bottles to urinate and the plastic bags to defecate. In most police stations, including the police headquarters in Malabo, plenty of filled and stinking plastic bottles and bags had been thrown through the bars to the corridors and open yards.’

“In Uruguay the situation of accused and convicted children who were held in extremely poor conditions was alarming. The system of detention was based on a punitive approach. Children had no opportunities for education, work or any other rehabilitative activity, and the boys were locked up for up to 22 hours a day in their cells. The sanitary conditions were very poor. There were no toilets in the cells, which sometimes forced detainees to wait for hours for a guard to let them go to the toilet. At the Piedras Home, the detainees had to relieve themselves in bottles and plastic bags, which they threw out of the window, resulting in a repulsive smell around the building.”

Under the International Covenant on Economic, Social and Cultural Rights, detainees have a right to an
adequate standard of living. This includes cells with sanitary installations “adequate to enable every prisoner to comply with the needs of nature” (rule 12), with “adequate bathing and shower installations” (rule 13) and “with water and with such toilet articles as are necessary for health and cleanliness” (rule 15).

In 2005, the International Committee of the Red Cross (ICRC) published a handbook on “Water, sanitation, hygiene and habitat in prisons“.

Nowak said that Iran and most Arab countries, except for Jordan, had denied him access to their prisons.

Watch Manfred Nowak outline the main points of his report.

Source: Louis Charbonneau, Reuters, 20 Oct 2009 ; UN, 20 Oct 2009