Change the World

"Water as a human right – Inter-state dimensions" (Draft paper)

Gihan Indraguptha, Water as a human right" (18 Nov 2010)

Rights or Wrongs? Canada and International Human Rights

 

 

A Public Workshop with UBC Graduate Students

Gulf Islands Secondary School, Multipurpose Room, January 8 & 9, 2011 

Saturday, January 8:

2:30-2:45 PM Introduction and Welcomes

Gihan Indraguptha: Water as a human right – Inter-state dimensions

 Paper outline

• Introduction

Water as a human right

            Access to clean water for drinking and sanitation is at the verge of being accepted as a fundamental human right. Proponents of this action argue that elevating the right to water to this level would emphasise the gravity of the current crisis faced by a significant proportion of humanity, without access to this basic resource, and therefore force state parties to prioritise their efforts to address this issue. This paper expects to investigate the international dimensions of applying a human rights based approach to access to water.  

The International Human Right to Water; Why Canada Should Care

Group Project (Abstract and Goals):

Based on our findings over the course of our independent research, our group will make an informed argument as to whether or not Canada should recognize the international human right to water. The recognition of this right could imply that governments must ensure access to safe water for drinking, food preparation and sanitation, for their own citizens and potentially for those of other countries; that water sources are protected from contamination and over-use; and that water is declared as a public trust and delivered as a public service on a not-for-profit basis.

Inherent in our recommendation will be a discussion on the implications, both domestically as well as within the international community, of Canada’s recognition of this right and the motivations currently driving the country’s continued opposition to this concept.* This may include potential financial gains from the privatization of Canada’s water resources, the responsibility to provide bulk exports of water to countries in need, the obligations to provide First Nations communities with access to clean water and current water usage in the Alberta Tar Sands project. 

Our academically-supported recommendation could take the shape of a draft private member’s bill, outlining the argument in support of Canada’s recognition of the international human right to water.

*In a recent vote in the UN General Assembly, Canada abstained from a resolution recognizing “the right to safe and clean drinking water and sanitation as a human right”. 

Gihan Indraguptha: Water as a human right – Inter-state dimensions

Abstract : For several decades activists have been advocating a human rights based approach to address the right for universal access to water and sanitation. It is argued that elevating the right to water to a fundamental human right would emphasise the gravity of the current crisis faced by a significant proportion of humanity, without access to this basic resource, and therefore galvanise state parties to prioritise their efforts to address this issue. This paper expects to investigate the international dimensions of applying a Rights Based Approach to access to water.  The paper would also explore how a (legally binding) resolution that expects state parties bear the onus of ensuring the right to clean water for their populations, would impact already existing international conventions, treaties and practices that focus on trans-boundary water resources management.  It would also briefly discuss several prevailing trans-boundary water disputes and apply a Rights Based Approach in searching for a possible solution.