Sludge Watch ==> Canada Foils UN Plan to Recognize Water as a Basic Human Right

[Maureen Reilly]

Canada foils UN water plan
Advocates devastated at failure of resolution to recognize water as a basic
human right

April 02, 2008
Linda Diebel
National Affairs Writer, Toronto Star

Canada emerged as the pivotal nation behind recent manoeuvres to block the
United Nations Human Rights Council from recognizing water as a basic human
right, according to international observers.

The Geneva-based body wrapped up an intense three-week session late
Friday without passing a German-Spanish resolution intended to enshrine
its importance in a world where more than 2 billion people live in
water-stressed regions.

It would have also set up an international watchdog to monitor the
actions of individual countries.

After its 46 members accepted a consensus resolution – essentially for
more study – Canadian representative Sarah Geh told the council: "Canada
does not view this resolution as creating a human right to water under
international human rights law."

In his final speech, disappointed German representative Reinhard
Schweppe stressed action is urgent. Access to clean water and
sanitation, is "a part of human dignity," he said, adding a child dies
every 20 seconds due to water-borne diseases.

Advocates for water rights were devastated by the outcome.

>From Oxford, Ashfaq Khalfan, co-ordinator of the U.K.-headquartered
Right to Water Program, said he believes the resolution to make water a
right would have passed without the resolute lobby efforts of the
Canadian delegation.

"It's rather unfortunate Canada put itself in that position," he said in
an interview.

Maude Barlow, chair of the Council of Canadians, said reservations about
specific aspects of the motion were raised by member nations, notably
Russia and the U.K. But she said it was Canada that "derailed" the
process, a view shared by other international observers who monitored
the Geneva sessions.

Barlow also suggested Canada acted with support from the United States,
which shares Ottawa's view on water but doesn't have a seat at the UN
rights council.

"Canada failed to take up the challenge. Canadians would find it
shocking to realize our role in this," said Barlow, a veteran of battles
about water.

She added that the resolution would have buttressed the argument that
nobody should be able to expropriate water for financial profit. There
have been battles in countries such as Bolivia over attempts to
privatize water.

"It was a benchmark for the concept water is a right, not a commodity,"
Barlow said, adding claims that the resolution would have forced nations
to export water to drought-plagued regions were "fantastical."

MP Peggy Nash (Parkdale-High Park), the NDP's water critic, said: "Once
again, we're internationally disappointed and embarrassed. ... How do
you deny water is a basic human right?"

Nash criticized both the former Liberal government and Prime Minister
Stephen Harper's Conservatives for failing to take a progressive
attitude on water rights.

However, siding with the government's position in Geneva, her Liberal
counterpart Francis Scarpaleggia (Lac-St.-Louis) raised what could
become a critical public issue in the national dialogue over water.

The Quebec MP said Canada's sovereignty over its own water was not
established in the North American Free Trade Agreement of 1994, raising
problems for Ottawa internationally. In trade terms, water arguably is a
commodity or service like any other.

"I believe – and I guess the government sees it the same way —– if we
start signing on to recognizing water as an international human right
... it might make it easy for private companies, or for those south of
the border, who would like to export Canada's water in bulk to embarrass
us on the public square," Scarpaleggia said.

"These people could argue, 'Well, you've agreed water is a human right,
we here down in Atlanta have no water, there's a drought,' or in
California or whatever. You have a moral obligation to be consistent
with your word and let us take some water down here, by one means or
another."

He criticized the Harper government for failing to deliver on its pledge
of a national water policy and said he intends to introduce a motion in
the Commons to protect Canadian water.

Nash long ago tabled a motion of her own.

The consensus was worked out over three weeks. Minutes taken by
representatives of NGOs who attended an open meeting March 18, show
disappointment among representatives of countries including Belgium, the
Netherlands, Germany, Spain, Finland, France, Norway, Switzerland and
others.

Khalfan said that if the German-Spanish resolution had been defeated in
a vote, it would have damaged any fight for water rights. Instead, there
is at least a consensus to examine obligations "related to access to
safe drinking water and sanitation under international human rights
instruments."

Khalfan and Barlow stressed their organizations haven't given up. Among
other avenues, they will focus on the report expected to be tabled in
three years, under the terms of last week's consensus.

Khalfan said it would have been particularly sweet for Canadians had the
rights council enshrined water as a right. In his view, it would have
been the next logical step to a report the council already requested
from former UN high commissioner for human rights Louise Arbour. A
former Supreme Court of Canada justice, Arbour stepped down from her UN
post last month.

Her September 2007 report said: "The United Nations High Commissioner
for Human Rights believes that it is now time to consider access to safe
drinking water and sanitation as a human right. ..."

In her comments Friday, Canadian representative Geh quoted Arbour's
report as saying "debate is still open as to whether water and
sanitation is a human right."

Khalfan disputed that view, arguing Arbour's report said it was not
clear whether the right to water was a "self-standing right" or derived
from "other human rights."

Yesterday, from Ottawa, foreign affairs spokesperson Shaun Tinkler said
the compromise resolution "accurately reflects that a right to water is
not explicitly recognized as a fundamental human right under
international human rights law."

He praised the consensus agreement for setting up an independent expert
and said Canada had "worked constructively with other delegations to
develop a negotiated text which accurately reflects the status of this
issue."


http://www.thestar.com/printArticle/409003