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'Canada failed to take up the challenge'
MAUDE BARLOW, chair of the Council of Canadians
Advocates devastated at failure of resolution to recognize water as a basic human right
Apr 02, 2008 04:30 AM

National Affairs Writer

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."


 

 

 

 

 
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