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12th Session of the
United Nations Commission on Sustainable Development (CSD12)
April 19 to 30, 2004
New York
Water as Gift and Right
A Statement of the Ecumenical Team to CSD12
Coordinated by the World Council of Churches
1. Threats to water for the most vulnerable
and responses of communities
Water is a foundation for the life of human beings and other ecosystem
members of the One Earth Community. But that foundation is under
threat from many sources:
- The people of the small island atoll of Kiribati in the South
Pacific are finding their wells more frequently inundated with
salt water from the rising sea levels attributable to human-induced
climate change making the water from the wells unusable for drinking
or agriculture.
01
- In many areas of Ghana, water services are managed by private
corporations who operate on a cost-recovery and shareholder profit
basis. A family’s inability to pay results in their water
access being cut off. 02
- Women and children of Zaragosa Island in the Philippines spend
2-4 hours per day travelling to the mainland to collect water
from a municipal faucet. 03
- The 1994 New Mineral Policy of the Government of India brought
transnational corporations into joint ventures with Indian mining
companies with vastly expanded mining endeavours. The impact on
communities and the environment has been disastrous including
deforestation, discharge of toxic effluents and dumping of toxic
wastes into water ways and the uprooting of thousands of people,
mostly Adivasis (tribal peoples). 04
- The Grassy Narrows First Nation (Indigenous People) in northern
Ontario, Canada have suffered cultural dislocation when their
traditional burial grounds and sacred sites were flooded by massive
hydro dams and their health has been compromised by mercury poisoning
from an upstream paper mill. 05
- In 2000, Azurix, a water services subsidiary of the former US
energy giant ENRON, signed a contract to deliver water services
in large areas of Argentina. Setting the recuperation of their
initial investment as their highest priority led to deterioration
of infrastructure, interruptions in service, and contamination
of water supply due to negligence. Because of the poor service,
many consumers refused to pay their bills. Shortly thereafter
the ENRON crisis exploded and Azurix decided to abandon the water
service and break their contractural obligations. 06
Communities are organising to respond to such threats to their
access to water:
- Local farmers and villagers in Kerala India were met with mass
arrests in 2003 when they tried to protest the unsustainable withdrawal
of up to a million gallons of water daily from 65 area bore holes
by the Coca-Cola Company. Nevertheless, persistent community pressure
and a supportive local council has led to a ban on further withdrawals
until the arrival of the monsoons in June 2004. Coca-Cola is appealing
the ruling. 07
- In Brazil, civil society organisations are drawing on grants
from local banks and government to build rain water cisterns with
the objective of creating 1,000,000 low cost water facilities
for poor communities. 08
- Civil society groups are demonstrating that an eco village model
can transform waste into renewable energy and channel domestic
water to restore the environment. Protecting the Nakivubo wetlands
in Uganda in this way can, through natural processes, do the task
that would cost $2 million annually in traditional sewage purification
services. 09
- An international network of social groups, environmental organisations,
women’s networks, trade unions and faith communities is
mobilising a campaign to prevent water from being included in
the World Trade Organisation negotiations as a “goods and
service”. 10
- Michigan (USA) Citizens for Water Conservation and other plaintiffs
were successful in convincing a judge in 2003 to force the Nestle
Corporation to terminate withdrawals of spring water in Mecosta
County on the grounds that Nestle’s water operations unlawfully
diminished lakes, streams and wetlands. 11
2. Theological and ethical foundations
for water as gift and right
Water is the cradle and source of life, and one of the most potent
bearers of cultural and religious meanings. Christian theological
reflection has its roots in these two observations.
Life, in all its forms is impossible without water. It was only
the development of planetary conditions that allowed for the presence
of large quantities of water in its liquid state that made possible
the emergence of life on earth. Without water and its particular
qualities, biological life as we know it would be impossible. Water
is a precondition for life, a given, a gift.
In Christian theological reflection, creation begins with the spirit
of God “brooding over the face of the waters” (Genesis
1:2). Later, drought becomes a symbol and image of divine judgment
(Isaiah 33:9), and the eschatological hope of the prophets comes
to be expressed through the promise that rivers will spring up in
the desert (Isaiah 43:19). Communities experience threat not only
through the absence of water but when there is too much as in sea
level rise and when it is impure as a result of inadequate sanitation.
For the Christian community these images are further developed in
baptism where water becomes the image of renewal, of promise, and
of hope.
The centrality of water to life, and the experience of water as
gift are two sources of our affirmation of water as a basic human
right. Just as the biblical Jubilee declared that land belonged,
in the final analysis, to God and not to any particular individual,
so we would affirm that water should be part of the global commons.
To treat water as a gift of God and human right implies that clean
fresh water should be available to meet the basic needs of all,
rather than be treated as a private commodity to be bought and sold.
Human community is dependent on water, not just physically, but
socially and culturally. In the scriptures we see the identification
of particular cultures with the rivers from which their sustenance
is drawn. When the people “refuse the gentle waters of Shiloah”
(Isaiah 8:6), we are being told that they have forgotten their divine
vocation. The consequence of this is a judgment lived out in exile
beside the wrong river (Ps 137). This correlation between culture
and the water systems beside which people live, and in relationship
to which they gain their livelihood, provides a basis for the church's
solidarity with Indigenous Peoples, and indeed, with all peoples
who are displaced from their home and alienated from the waters
that have traditionally given them life.
3. Advocacy Issues:
3.1. Support and expansion of community-based
initiatives
Expanding the support (sometimes referred to as ‘scaling up’)
of community-based initiatives has a great potential to contribute
towards the Millenium Development Goals related to water and sanitation.
In various regions of the world, there are encouraging examples
of the effectiveness of community-based organising to meet people’s
needs for water:
- In Brazil, ASA (a forum for articulation of the semi-arid region)
- a FORUM of non-governmental organisations formed by 11 States,
has been created to co-ordinate a wider development approach by
all stakeholders with focus on promoting coexistence and development
of nature and people in the semi-arid region. The orientation
is not to change the nature of the semi-arid ecology, but to adjust,
accommodate and sustain development. The project of construction
of one million cisterns (P1MC) comes under the umbrella of ASA.
It promotes and monitors technical specification, quality of work,
lobby/advocacy, organisation and mobilisation of civil societies
etc. Grant funding is provided by the government of Brazil and
an association of private banks.
- Integrated watershed management is being up-scaled in development
in Maharastra, India.
- In Kenya:
- The people of Kola in Machakos have created 120 sand dams
in order to harvest the flood waters from the long rains that
come from the mountains. This model can be easily replicated
in many places in the region.
- Civil society organisations such as ITDG and Maji na Ufanisi
have worked with slum dwellers to access urban water supply
and improve sanitary conditions, improving the livelihoods
of 45,000 residents in Kibera, Kangemi and Kiambiu informal
settlements. Bio-gas pilots on human waste reuse for methane
production and consequent lighting and cooking options are
further cases that successfully demonstrate sustainable development
strategies in informal settlements.
- Sand dams and mountain catchment have been promoted in
Northern Kenya through the Pastoralist Integrated Support
Program with a resulting recharge of ground water, reduction
in soil erosion and improvement of the livelihoods of 10,000
pastoralists between 2002 -2004.
- Sustainable financing of household sanitation has been promoted
in Bangladesh through the partnerships of multilateral institutions,
civil society organisations and governments.
- The Okavango River Basin ‘Every River Has its people’
in Southern Africa is an area where stakeholders including government
and parastatals (semi-governmental bodies) have successfully enhanced
livelihoods and at the same time protect the shared international
river resource.
CSD12 Ecumenical Team recommendations regarding support and
expansion of community-based initiatives:
- governments, multilateral institutions, the private sector
and civil society should increase support to community based and
driven initiatives with a priority on those that recognise leadership
of women and the energy of an educated youth;
- support to community level service providers should be increased
in planning, strategies and national budgets as the key component
to meeting the Millenium Development Goals for improved water
and sanitation;
- the inter-connection of water access and adequate sanitation
should be emphasised in community projects;
- an ecosystem approach should be utilised because it expands
our perspective to include the full community of life, human and
non-human, with all its inherent integrity and because it increases
our awareness of the inter-connectedness of the range of dynamics
which can influence the well-being of communities.
3.2. Overseas Development Aid (ODA) issues
related to water projects and funding
Access to water and sanitation form an entry point to human development
and poverty elimination. Therefore they should be at the top of
poverty elimination strategies, which is not the case at the moment.
12
The implementation of the Millennium Development Goals (MDGs) and
of the Johannesburg Plan of Implementation on water and sanitation
requires immediately stronger investment in the water sector. There
is a consensus on this within the multilateral, official and non-governmental
development organisations, but there are contradictions and discussions
about the adequate sources and necessary terms for these additional
investments. Thus, as important as the availability of funds, are
the political decisions to make sure that the financial means in
deed do help to establish socially just and ecologically sustainable
water and sanitation systems for the poor.
Key areas for reaching the MDGs are the rural areas and the urban
slums. Geographically, Africa is the most needy continent, with
approximately half of its population being without access to sufficient
and clean water. Yet, an analysis of the present flow of ODA money
of OECD countries to the water and sanitation sector shows, that
there is an urgent need to better focus the aid investments:
- Only 12% of the total aid to the water sector in 2000-2001
went to countries where less than 60% of the population had access
to safe water 13.
The share of Africa, where the need is extremely high, has even
slightly decreased during the last years.
- According to the same analysis, the vast amount of money went
into large projects in urban areas, accounting for over three-quarters
of the funds for water and sanitation projects.
- Also, the aid was channelled to relatively few countries. From
1997-2001, the ten largest recipients received 48% of the total
funds. China, India, Vietnam, Peru, Morocco and Egypt were among
the top ten together with Mexico, Malaysia, Jordan and the Palestinian-administered
area, and none of the most needy sub-Saharan African states.
- Furthermore, many of these projects are financed through loans
rather than grants. For example in 2000-01, about 57% of total
ODA in the water sector took the form of loans, and thus increased
the foreign debts 14.
In view of this situation, we consider it urgent that the community
of developed countries fulfils its obligation to help poor countries
to be able to guarantee and protect the human right to water and
adjusts ODA politics accordingly.
In the same context, we welcome the intention of the European Union
to establish a new Water Facility with more than one billion Euro
for the promotion of the MDG’s in the water and sanitation
sector in African, Caribbean and Pacific countries. At the same
time, we urge the European decision-makers to take into serious
account the UN Secretary-General’s Statement, that privatised
water projects generally did not reach the poor 15.
EU Water Facility Funds should clearly be excluded for subsidies
for private foreign investments in the water sector, under the category
of risk mitigation. Public funds, which are earmarked for official
development aid, should under no means duplicate or replace the
existing financial instruments on this behalf, like export credit
agencies. Also, the EU Water Facility proposal should explicitly
recognise that water is a basic human right and should address how
the Facility supports the fulfilment of this right.
CSD12 Ecumenical Team recommendations on ODA issues related
to water projects and funding:
- fulfil the Monterrey commitment of raising development aid
to 0.7% of the Gross Domestic Product,
- increase the share of aid to water and sanitation within
ODA to a minimum of 10%,
- prioritise rural areas and urban slums in the poorest countries,
specifically sub-Saharan African states,
- focus on the reform and improvement of public water and sanitation
systems, and avoid pre-determination in favour of corporate private
sector control,
- follow a flexible approach based on an in-depth analysis
of the given situation and on community participation.
3.3. Trade and privatisation concerns
Water is a basic human need. The human right to water is recognized
as a precondition for other human rights – such as the right
to life, appropriate nutrition and sufficient medical care. (U.N.
Doc. E/C.12/2002/11)
Yet when that which has traditionally been owned by communities
is transferred to private ownership it makes impossible the protection
of a “right” as it makes water a “commodity”
that is “tradable” for a price and at a profit. “Privatisation”
in the context of ownership of water replaces community and people’s
ownership of water sources with private ownership. Such an approach
is a serious roadblock to achieving the Millennium Development Goal
on water that seeks to reduce by half the proportion of people without
access to safe drinking water by 2015.
There is little by way of clarity and coherence, regarding water
sources, supply and service, and its use, in the current approaches
to resolve the world water crisis. International financial institutions
have aggressively promoted an approach that naturalizes the “provision
of water services” as way of thinking of water use. The GATS
definition of “supply of service” includes the production,
distribution, marketing, sale and delivery of service (Article XXVIII
– (b)).
Proponents for inclusion of water as a “service” under
the GATS believe that such a course of action would help alleviate
the world water crisis and helpmeet the Millennium Development Goal
on water. This approach rests on the argument that the current world
water crisis is the consequence of water services being part of
the public sector. Public sector provision of water services is
strongly critiqued for its inefficiency, low resource capacity and
lack of technical and operational capacity.
Strongly promoted by the World Bank and the IMF, the market-based
approach to water management has greatly strengthened the transnational
corporations role in providing water supply and sanitation services,
particularly in the developing countries. Reviewing the World Bank’s
approach outlined in its Water Resources Management (1995)
clarifies the position of the Bank as: fully supportive of ending
the government monopoly in this sector and supporting the need for
governments to be selective in the responsibilities they assume
for water resources.
A review of the polices of the International Monetary Fund (IMF)
in 40 countries found that during 2000, IMF loan agreements in 12
countries included conditions imposing water privatisation or full
cost recovery. When the IMF presses for privatisation of water it
is difficult for countries from the global south to withstand the
pressure. Also, compliance with IMF conditionalities is a pre-requisite,
frequently, for access to other international creditors and investors,
including the World Bank. 16
The urgent challenge, both in the South and the North, is to develop
a positive vision of the public sector models that are responsive
and effective in meeting water needs. The purpose should be clearly
not to promote blueprints, but rather to create space for local
communities to develop their own solutions and maintain their traditional
rights and approaches to water use.
Designed properly, with the full involvement of all stakeholders,
private management of water supply and provision may improve efficiency
and minimize wastage. However the experience of several countries
shows high tariffs and rising costs of provision have impacted negatively
those who need to benefit from development efforts the most –
the poor and the marginalised.
CSD12 Ecumenical Team recommendations on trade and privatisation
concerns related to water services:
- Water is a public good
- if water resources are to be a public good then the state
has to manage this resource for the benefit of the public, not
only for the present generation, but the generations to come.
- implications of this responsibility of the state include:
- recognition and practice of good governance,
- adequate opportunity to participate in decision-making
by the affected communities especially the indigenous and
the marginalised,
- transparency, and
- accountability.
- responses to the global water crisis should avoid narrowing
available options to “privatisation” as the “solution”
(by international financial institutions like the IMF and the
World Bank or by rules and provisions in the GATS negotiations
and agreements), and should facilitate the learning process through
the exchange of experiences amongst communities and developing
countries.
3.4. UN Decade on Water 2005-2015
In Dec. 2003 the General Assembly of United Nations decided to proclaim
a second UN Decade on Water, starting in March 2005, after the first
one during the 1980s.
This decision reminds the international community that water and
sanitation are strategic key issues for overcoming poverty and for
achieving development, and also calls for special and continuous
efforts in order to achieve the MDG on water and sanitation. The
challenge is huge and requires a goal of daily connecting an additional
280,000 people to water and 384,000 to sanitation. The slogan of
the UN Decade of the 1980s was "Water for All" and it
succeeded in bringing water to an additional 1.6 billion people,
many of them in rural areas. But the strategy was very much predicated
on the model of industrialized countries and their expensive and
centralised technology, which requires large quantities of water
- a model that was not affordable and financially sustainable for
the highly indebted developing countries.
During the 1990s, strong efforts were made to mobilise private
investment, hoping to close the financial gaps and to achieve more
efficiency and better management. More recently, the World Bank
and the transnational water companies that were the strongest promoters
of this strategy have acknowledged that the expectations have not
been fulfilled and that the poor mostly have not been reached.
Recommendations of the CSD12 Ecumenical Team regarding the UN
Decade on Water 2005-2015:
- Governments, multilateral bodies, the private sector and
civil society should utilise the new UN Decade to:
- build on the learnings of the past,
- focus on socially and ecologically sustainable strategies
which challenge and strengthen public responsibility for the realization
of the human right to water, and
- involve local people not only as clients, but as citizens.
3.5. International legal framework options
The UN Committee on Economic, Social and Cultural Rights, in its
General Comment #15 on the implementation of Articles 11 and 12
of the International Covenant on Economic, Social and Cultural Rights,
noted that “the human right to water is indispensable for
leading a life in human dignity. It is a prerequisite for the realization
of other human rights.”17
This human right has received global recognition and is firmly established
in a number of international human rights instruments. By ratifying
these treaties and instruments, States have voluntarily accepted
the obligations to progressively realise the right to water and
sanitation.
Water needs the protection of international law that incorporates
a rights-based approach. 18
A water convention binding under international law would champion
a forward-looking water policy that is based on the human right
to water, recognise water as a common good of humanity, safeguard
the basis of life for future generations and create equitable distribution.
Behind the call for binding law are questions of principle such
as: Is access to water a human right or just a need? Is water a
common good or a tradable commodity? Who has authority over access
to water?
An international water convention is needed: 19
- To establish the right to water for all people in a binding
manner.
- To guarantee the right to water for coming generations.
- To protect water as a public good belonging to humanity.
- To declare as a core task of governments that of guaranteeing
the right to water, and making nation-states and their authorities
responsible for the respect, protection and fulfillment of the
right to water.
- To prevent water from being privatised and degraded to a tradable
good.
- To ensure that the human right to water takes precedence over
international trade agreements (e.g. WTO).
- To place springs, groundwater, rivers and lakes under the comprehensive
protection of international law.
- To guarantee women’s water-related rights as human rights.
- To protect the local and national water rights of Indigenous
Peoples under international law.
- To enshrine traditional water culture and local water rights
(e.g. of nomads) in national law.
- To ensure that the people who have a democratic right in determining
and deciding national and local water strategies.
- To provide all people both internationally and domestically
with effective judicial remedies for demanding fulfillment of
the right to water.
CSD12 Ecumenical Team recommendations regarding international
legal frameworks for water:
- states should recognise and observe their obligations regarding
water as a human right that flow from their ratification of the
International Covenant on Economic, Social and Cultural Rights;
- negotiations should be initiated through the United Nations
for the preparation of an international freshwater convention.
References
- “Christian Aid in Ghana”, Christian Aid, January
2004, www.christian-aid.org.uk
- “CSD12 Freshwater Caucus Statement” in Taking Issue,
CSD12 Sustainable Development Issues Network
- “Defend the Global Commons”, Water for All Campaign,
Public Citizen: www.wateractivist.org
- “Diverting the Flow”, Women’s Environment
and Development Organisation, Nov. 2003, www.wedo.org
- “Freshwater Issues – Dossier on Water Issues”
prepared for World Council of Churches and Heads of Agencies Network
(WCC/HOAN) by Norwegian Church Aid, March 2004.
- “IMF forces Water Privatization on Poor Countries,”
Sara Grusky, Globalization Challenge Initiative, February 2001
- “Investigating some Alleged Violations of the Human Right
to Water in India”, January 2004, FIAN International &
Brot-fuer-die-Welt Germany, www.fian.org
- “Keep Water and Water services out of the WTO”,
A civil society call to the Ministerial Conference at the 3rd
World Water Forum, Kyoto, Japan, March 2003
- “Otin Taai Declaration – Pacific Churches’
Consultation on Climate Change”, World Council of Churches,
March 2004, www.wcc-coe.org
- “Our Waters, Our Responsibility: Indigenous Water Rights”,
prepared for Indigenous People’s Water Rights Forum, Winnipeg,
Canada, May 2004
- The right to water, General Comment #15, Substantive Issues
arising in the Implementation of the International Covenant on
Economic, Social and Cultural Rights, E/C. 12/2002/11
- Report of the Secretary General to the Commission on Sustainable
Development, Twelfth Session, Item 3 (a) of the provisional agenda,
E/CN.17/2004/1
- “Some Water for All or More Water for Some? Financing
the MDG needs shift in resource allocation.” Bread for the
World, Stuttgart, Germany, January 2004.
- “Water Dossier”, European Christian Environment
Network, November 2003, www.ecen.org
- “Water and Security”, Canadian Catholic Organisation
for Development and Peace (D&P) and KairosCanada, March 2004,
www.kairoscanada.org
- “Water for Life – Streams of Justice”, Fact
sheet of the Ecumencial Team for the World Summit on Sustainable
Development, Johannesburg, September 2002 www.wcc-coe.org
- “Water, Sustainable Development, and the Planetary Crisis”
Office of the Anglican Observer at the United Nations, April 2004,
unoffice@episcopalchurch.org
- “Why We Need an International Water Convention”,
Swiss Coalition of Development Organisations, March 2004, www.swisscoalition.ch
Footnotes
- “Otin Taai Declaration – Pacific Churches’
Consultation on Climate Change”, World Council of Churches,
March 2004, www.wcc-coe.org
- “Christian Aid in Ghana”, Christian Aid, January
2004, www.christian-aid.org.uk
- “Diverting the Flow”, Women’s Environment
and Development Organisation, Nov. 2003, www.wedo.org
- “Investigating some Alleged Violations of the Human Right
to Water in India”, January 2004, FIAN International &
Brot-fuer-die-Welt Germany, www.fian.org
- “Our Waters, Our Responsibility: Indigenous Water Rights”,
prepared for Indigenous People’s Water Rights Forum, Winnipeg,
Canada, May 2004
- “Defend the Global Commons”, Water for All Campaign,
Public Citizen: www.wateractivist.org
- Ibid.
- “CSD12 Freshwater Caucus Statement” in Taking Issue,
CSD12 Sustainable Development Issues Network
- Ibid.
- “Keep Water and Water Services out of the WTO”,
A civil society call to the Ministerial Conference at the 3rd
World Water Forum, Kyoto, Japan, March 2003
- “Defend the Global Commons”, Water for All Campaign,
Public Citizen: www.wateractivist.org
- “Some Water for All or More Water for Some? Financing
the MDG needs shift in resource allocation.” Bread for the
World, Stuttgart, Germany, January 2004.
- OECD, Creditor Reporting System (CRS), Aid Activities in the
Water Sector 1997-2002, Geneva 2003
- By comparison, the share of loans in ODA to all sectors combined
in 2000-01 was 22%.
- Report of the Secretary General to the Commission on Sustainable
Development, Twelfth Session, Item 3 (a) of the provisional agenda,
E/CN.17/2004/1, paragraph 22 and 62
- “IMF forces Water Privatization on Poor Countries,”
Sara Grusky, Globalization Challenge Initiative, February 2001
- The right to water, General Comment #15, Substantive Issues
arising in the Implementation of the International Covenant on
Economic, Social and Cultural Rights, E/C. 12/2002/11.
- “Why We Need an International Water Convention”,
Swiss Coalition of Development Organisations, March 2004, www.swisscoalition.ch
- Ibid.
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