The international tools that are being developed to reinforce everyone's human right to water are largely focusing on individual rights to a certain amount of safe drinking water. The surrounding debates often touch on how to reconcile this right to water with privatisation, pricing of water, decision making processes and the role of the judiciary - problems that arise as water is being fetched or distributed and what to do when it is too expensive or too inaccessible.

But there is another perspective on the right to water among the indigenous communities around the world. According to a range of international documents and treaties, such as the Article 169 of the International Labour Organization, indigenous peoples not only have the right as individuals to a certain amount of drinking water per day, but they have a special right to access and govern the entire water resource as it flows through the landscape (the right to participate in the use, management and conservation of the natural resources pertaining to their lands, article 15.1 of ILO 169).

In a statement at the recent session of the UN Permanent Forum on Indigenous Issues (16-24 May), Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation stated that "As Special Rapporteur, I regularly receive information about threats to indigenous rights, including especially concerns about pollution of water sources. For example, I have received numerous reports about the impact of mining operations - from uranium mining in the US to bauxite mining in India - indigenous peoples are seeing severe impacts on their access to clean water, as well as on their way of life and culture." Mining has serious environmental effects and often causes water pollution which, if not treated, naturally stands in the way for access to healthy drinking water. But the Special Rapporteur also refers to the mining impacts as having unwelcome effects on the way of life and culture of indigenous peoples - something quite larger than a discussion on the adequate amount of drinking water that a state must ensure its citizens. While much of the arguments for a human right to water in fact covers the performance of water services and how they can be used to fulfil individuals’ right to water, the claims made by indigenous communities are to more extensive water rights. These claims are made on the basis of a collective right of a traditional community to a natural resource.

The NGO Friends of the Earth International in 2004 stated that the concept of collective rights emerged because individual human rights do not guarantee adequate protection for indigenous peoples and other minorities exhibiting collective characteristics. Since then, the United Nations Declaration on the Rights of Indigenous Peoples has clearly formulated in its 25th  article that "Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard." At the UN Permanent Forum on Indigenous Issues, Special Rapporteur de Albuquerque continued to refer to large scale infrastructure projects: "Projects to generate new sources of energy, such as dams and geothermal exploration, have also been reported to me as having a serious impact on access to clean water for indigenous peoples." Concerns about pollution of water sources are rampant in indigenous communities because not only do they threaten access to safe drinking water, but to cultural practices central for upholding a collective identity. A picture is thus emerging in which access to water, cultural heritage and sound environmental management cannot be separated.

UN General Comment No. 15 states that: "States should take steps to ensure that (…) indigenous peoples' access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water."  In order to make that happen, indigenous populations need to be more involved in water management. Valmaine Toki of the United Nations Permanent Forum on Indigenous Issues for 2011 - 2013, in an interview with Media Global on June 2nd points out that policies implemented by governments do not include an indigenous perspective to water. He emphasises that "(…) mismanagement, over-allocation to intensive agricultural practices, and extractive industries such as mining, results in pollution of waterways, ecosystem, and livelihoods (…)" Toki noted that among the forum’s most promising recommendations is the appointment of a Special Rapporteur for the Protection of Water and Water Catchment Areas, mandated to protect indigenous regions that are affected by industrial negligence (see the article here)

The degree of lack of water is often based on a pattern of discrimination in society. Those who are discriminated against in terms of political influence, housing rights, land rights etc and based on their religious, cultural or cast identity or economic status, are those who mostly lack safe water and improved sanitation. Indigenous peoples in many societies constitute a segment of the population that is widely discriminated against and therefore their lack of water and sanitation is often widespread. Their lack of access is not a coincidence but a result of politics which exclude them from shaping their own lives.

But addressing the lack of water of indigenous peoples entails a set of broader issues. Ensuring specific, targeted and deliberate policies and measures to make sure that the overall progress of a society also reaches the excluded segments of the population is just one the cornerstones. At an absolute minimum, affected people should be included in relevant decision-making processes of development projects on their ancestral lands. Amending formal water rights to align more with customary water rights is another measure that indigenous communities call for. Indigenous communities must also be included more at all water policy and implementation levels.

References

• 24 May 2011, Statement to the Permanent Forum on Indigenous Issues Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation
• Media Global article
• 2002, General Comment No.15
• 2007, Manual on the Right to Water and Sanitation, Centre on Housing Rights and Evictions
• 2004:"Our environment, our rights. Standing up for people and the planet" Friends of the Earth International
• Article 25 of the United Nations Declaration on the Rights of Indigenous Peoples

But the fact that behaviour change is necessary is not an argument against improving laws and regulations. Both things need to be done. Law shapes politics and reflects the vision of a society. Safeguarding the rights of people is a crucial role of the law. The lack of access to water and sanitation is an obstacle to human development so vast that it should be beyond dispute that constitutions, laws and legal systems need to reflect the problem and define the obligations of government institutions. In the two years since the last SACOSAN conference in 2008, a staggering 750,000 South Asian children under the age of five have died from diarrhoea, caused by poor sanitation and unsafe water. Whose fault is it – the local communities’ or the governments’? Developed countries who did not devote enough assistance to water and sanitation projects? It is probably fair to say that it is a combination of these things, which is why efforts on all fronts are crucial. Strengthened provisions in international law mean stronger tools for national lawmakers, civil societies and donor countries alike to focus their respective resources in order to realise access to water and sanitation access for the many individuals who lack it.

References to the resolution:
The English version of the resolution is available here
Proceedings in the webcast
Unofficial summary of the proceedings on the adoption of this resolution

Last week the UN human rights council (UN OHCHR) passed a resolution that prolongs and the mandate of the independent expert on the right to water and sanitation and upgrades it to that of a special rapporteur. The fact that the holder of the mandate, Catarina de Albuquerque will now have the same title and task as the special rapporteurs for the human right to food, health, and housing is very encouraging. I am also happy that the Swedish government decided to co sponsor the resolution as a way of showing its support. A range of organisations in Sweden have been working for some time to push for a change in the government's approach to this human right, and in doing so, also strengthening the status of social and economic human rights. For example, the Church of Sweden collected thousands of signatures in 2008 for a Swedish signature on the resolution calling for an independent expert.

The Swedish Water House hosted a cluster group for 3 years including development and environmental organisations who came forward with a joint policy brief last year. Since 2008, it has been unclear at least to the civil society including Amnesty International where the Swedish government stands on the issue, so it is a relief that they are now back on track. But what does the government's co-sponsorship really mean? It shows support for the mandate of the special rapporteur, and recognises the human right to water and sanitation. It is a very encouraging step in the right direction! I do believe that the support of developed countries for this human right, which is part of the already existing right to an adequate standard of living, will contribute to the realisation of the right on the ground. It does so by creating a legal framework and a tool for those without adequate water and sanitation to claim access to them from their government.

by Ann-Mari Karlsson,
Swedish Water House

While the first week as an intern at the Swedish Water House has come to an end, it is time to summarize. So far I'm of the perception that I during this summer have learned more than during my three years time at the university. Pieces are falling into place and a more complete view approaches while moving from the theoretical based education at the department of Political Science at Uppsala University, to a more daily based reality.

Some people gets access to clean drinking water, in a plastic bag / photo by Erik Forhammar 

Working at the Swedish Water House I've gotten some insight in crucial issues such as the conception of everyone's right to safe water and sanitation which vast numbers of people lack access to. The later part of the first week was very exciting since Sweden abstained from voting in favour of the UN Draft Resolution on Human Right to water and sanitation adopted by the General Assembly. This resulted in putting SIWI and SWH in the media centre and kept the phones busy the day after. Questions such as "Why doesn't the Swedish government support everyone's right to water and sanitation?" were raised. But the answer is more complicated then what appears … Sweden does support everyone's right to water and sanitation but agrees with the UN independent expert that it is implicit in Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

During my internship I'll be working with the preparations of the World Water Week and find material to seminars that will be arranged later on the year. I will also link to my own experiences from Ghana where I spent my first part of the summer. Apart from having four interesting weeks in Ghana- partly working at a local NGO (Light for Children) based in Kumasi and partly gathering material for my thesis - I was trying to get used with the primitive living standard. Bringing buckets every day from the common water pump- which only runs at a certain time in the day- in the yard in to the house, made me realize how much I actually appreciate the clean running water we have from the tap in Sweden and all the efforts that is being saved through this system.

Water pump site in a rural village, Ghana / photo by Erik Forhammar

Ghana has a sanitation coverage of only 10%, a water supply coverage of 80% and like the most countries the lack is even more critical among the rural population. They are combating common diseases such as diarrhea, cholera and guinea worm caused by contaminated water. I wonder how the recently heavy floods will hit the people and affect their right to "adequate standard of living". Myself,  I had no problem of getting access of potable water from plastic bags which could be bought in every street corner, and in my case, for a very reasonable price. Likewise I had the pump of clean water just outside the house not several hours away which is the case for many people living in rural areas.

So far this summer has been full of new impressions and I'm looking forward to the rest of my time at the SWH and also to follow the continuing process of providing safe and accessible water and sanitation for everyone.

by Erik Forhammar, Intern at SWH

The hot topic of the right to water was discussed also at this World Water Week. The UN Independent Expert on the obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque came to the Week to present her first year's conclusions. For the assembled water community, the issue of pricing of water, as well as the privatisation of water services are still highly relevant topics. Catarina de Albuquerque emphasised that from a human rights perspective, it does not matter whether services are public or private, as long as everyone's right to access is fulfilled.
 

Just as with other rights, such as the right to food and the right to education, people who can afford it are often required to pay to have these things - but states need to consider that prices are affordable for all. The important thing is for states to make sure that those who cannot afford water and improved sanitation are not deprived of their rights. One of the added values of recognising the human right to water and sanitation is that it can help strengthen focus on the rights of those who are underserved, marginalised or discriminated in society.
 

by Ann-Mari Karlsson, Cluster Group Leader, SWH Cluster Group Water and Rights

I can start feeling the heat from the upcoming World Water Week (16-22 August), or the Week as we say here at SIWI/SWH. We are all on the hunt for the world’s leading experts and committed grassroots to arrange fruitful seminars and side events with interesting debates. So many actors are in place during one week!

The activity at SIWI is intense in the summer, and it is clear that summer is approaching. I co-organise a side event together with the Church of Sweden, the agricultural university SLU, and the German Ministry for economic cooperation and development (BMZ) on water as a human right, Tuesday the 18th August (followed up on Wednesday the 19th).

We will get a quick visit by the UN Independent Expert on the Human Right to Water and Sanitation, Catarina de Albuquerque, which is really great. It will be interesting to hear her thoughts, after the first out of three years on the post, on how governments can improve access to safe drinking water and sanitation for those who lack it.

by Ann-Mari Karlsson