FUNDAMENTAL PRINCIPLES
FOR A FRAMEWORK CONVENTION
ON THE RIGHT TO WATER

May 2005

Project in progress through worldwide consultations of all concerned stakeholders

In the face of the world water crisis and considering the scale of the investments still required to attain the Millennium Development Goals, Green Cross International, the International Secretariat for Water and the Maghreb-Machrek Alliance for Water have launched an initiative with a view to promoting effective international water governance.

The process started with an appeal launched during the Earth Dialogues organized by Green Cross International in Lyon in 2002, followed by extensive consultations during other international meetings such as the World Summit on Sustainable Development (Johannesburg, 2002), the Third World Water Forum (Kyoto, 2003), the Universal Forum of Cultures (Barcelona, 2004) and the Earth Dialogues (Barcelona 2004). All these occasions provided opportunities for consolidating the achievements reached to date.

In this process, promoting access to water and sanitation as a fundamental human right has been accepted as the main line of action.
Although this right has been recognized since November 2002, as stated in General Comment No. 15 of the UN Committee on Economic, Social and Cultural Rights, and has been explicitly or implicitly referred to in different acts, international declarations and conventions, it is far from being realized everywhere. Appropriate ways and means for its implementation are yet to be defined and deployed.

The right to water is essential for securing social justice, dignity, equity and peace, and its implementation would guarantee sufficient, acceptable and non-discriminatory access to water for all, while fostering a sense of responsibility on the part of the users.

Considering that water is required for a variety of  uses and fulfils multiple functions for human beings, water ecosystems and development, this initiative – in conjunction with all other actions in favour of the fundamental right to access to water and sanitation for all – reaffirms that the recognition and implementation of this right:
·        are indispensable to the realization of other rights: the right to life, the right to dignity, the right to health, the right to food, the right to peace, the right to a safe environment, and right to development;
·        are essential from the standpoint of sustainable development;
·        would reinforce the participation and collaboration of all parties: taken as an

economic, cultural and social right, the right to water is a source of synergy among all development actors.

Organizations and citizens involved in the process leading towards the recognition of the right to water call for the adoption of a Framework Convention in support of the fundamental right of all to water, and urge political decision-makers at local, national and international levels to commit themselves to adopting and implementing this international Convention, followed by its introduction in national legislations and corporate charters.

Organizations and citizens involved in this process will continue their efforts to ensure that access to water is taken into consideration by bodies other than the UN Committee on Economic, Social and Cultural Rights, recognized in international human rights instruments and introduced in training programmes and education campaigns.

FUNDAMENTAL PRINCIPLES
FOR A FRAMEWORK CONVENTION
ON THE RIGHT TO WATER

PREAMBLE

One-third of the world’s population is suffering from discrimination as it has no access to drinking water and sanitation.
Citizens around the world consider the right to water as an inalienable and universal right and are calling for the adoption of a Framework Convention that would establish the right to water, including the right to water for life, as a legally binding, opposable and universally accepted right.

Adopting such a Framework Convention will help clarify the individual and collective responsibilities of State Parties, as well as the ways to introduce the right to water in their respective judicial systems and to ensure its implementation.
The implementation of this right is the responsibility of governments, international organizations, local and financial institutions, operators and all other social actors, who together must ensure that it is recognized, respected and controlled.
Originating as a citizens’ initiative, the current proposal aims, through the principles it proclaims, to contribute to clarifying this right with a view to adopting such a Convention.

The right to water will help fulfil the commitments of the Johannesburg World Summit on Sustainable Development (2002) and attain the goals stated in the Millennium Declaration.

A  Convention on the Right to Water cannot be limited to North-South cooperation, as it concerns all States and their populations.

THE CONTRACTING STATES,
Affirming that:
·        water is tantamount to life, as it is required for a variety of uses and fulfils multiple functions for humankind and aquatic ecosystems,
·        water has social, economic and ecological values and is a key to sustainable development,
·        water is not a mere product or simple commodity,
·        water is a public good,
·        water is part of the common heritage of humanity.

Confirming that the right to water is explicitly or implicitly recognized in international agreements, acts and declarations.

Recalling that:
-         the Universal Declaration of Human Rights (1948) guarantees to all people the right to a standard of living adequate for their health and well-being;
-         the International Covenant on Economic, Social and Cultural Rights (1966), ratified by 148 States, recognizes “the right of everyone to the enjoyment of the highest standards of physical and mental health”.

Emphasizing that the fundamental right of access to water has been recognized in:
·        The Mar del Plata Action Plan for Water (1977);
·        The Convention on the Elimination of All Forms of Discrimination against Women (1979);
·        The Convention on the Rights of the Child (1989);
·        The Dublin Statement on Water and Sustainable Development (1992);
·        The national constitutions of a growing number of States.

Recalling that the fundamental right to water has been gaining increasing specific recognition, as reflected in General Comment No. 15 of the Committee on Economic, Social and Cultural Rights of the Commission on Human Rights (November 2002),

Adhering to the principles contained in the United Nations Convention on the Law of Non-Navigational Uses of International Watercourses (1997),

Associating themselves with all other initiatives in favour of the recognition and implementation of the fundamental right to water,

Recognizing, however, that the implementation of the fundamental human right to water is far from being a reality, 

Reaffirming our willingness to reach the target set in the Millennium Declaration to halve, by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation, as a first step towards universal access to water,

Convinced that the attainment of all other Millennium Development Goals, in particular commitments to eradicate extreme poverty and hunger, reduce child mortality and promote gender equality and the empowerment of women, are all dependent on access to water,

Conscious of the global water crisis and the scale of the investments still needed in order to attain the Millennium Development Goals,

Convinced of the need for all States to make efforts with a view to incorporating the fundamental right to water in their national legislation, as well as international legislation, declarations and agreements, and to guarantee its observance,

Recognizing that the right to life, the right to human dignity, the right to health, the right to food and to food security, the right to adequate housing, the right to development, the right to education, the right to a healthy environment and the right to peace are all dependent upon the recognition of the fundamental right to water,

Considering that water governance at the local, national and international levels must be organized according to the principles stated below.

Affirming that the respect, protection and fulfilment of human rights are first and foremost the responsibility of States,

Recalling that effective water governance requires the participation and responsible action on the part of economic sectors and actors, as well as users,

Recognizing that governments, with the support of the United Nations system, have the primary responsibility to fulfil the right to water for life,

Emphasizing that the right to water means access to clean water,

HAVE AGREED AS FOLLOWS:

Article 1- Definitions

1.       The term “right to water” means the fundamental right of access to "Water for Life" : water of a quality, quantity and accessibility sufficient to satisfy the basic human needs for drinking, hygiene, cleaning, cooking, and subsistence agriculture for local food consumption.

2.       “Water for life” must be of sufficient quality and quantity to satisfy the basic human needs for drinking, hygiene, cleaning and cooking, and for producing food and revenues within the framework of a subsistence economy.

3.       “Water for life” must be free of micro-organisms, chemicals and radiological hazards which are, or which could constitute, a danger to human health and the environment.

4.       The term “water for life” also includes a sufficient water flow needed to maintain the regime and health of rivers, streams and aquatic ecosystems.

5.       “Water for life” includes “sanitation” which refers to the collection, transport, treatment and disposal or re-use of human excrement or household wastewater by means of collective systems or stand-alone installations serving a single household or a single company, making use of the best and most appropriate technologies available as well as the natural purification capacities of ecosystems.

6.       The term "productive water" means water used in activities that have an economic value on the market.

7.       From the standpoint of human rights, the “productive water” used in commercial activities must be clearly distinguished from the water for life. It is nonetheless necessary and access to it must be guaranteed.

Article 2- The Human Right to Water

1.      The right to water is a fundamental, universal and inalienable right for individuals and communities, and a criterion of social justice.

2.      Men and women are equally entitled to the right to water.

3.      The right to water for life means uninterrupted access to water for household uses for communities and individuals that are currently deprived of it and/or for the poor.

4.      Special attention shall be paid to the needs of children, and particularly girls, who are the first to suffer from lack of access to water or its bad quality.

5.      The right to water for life means water accessible to all at an affordable price.

6.      The right to water contributes to the realization of other human rights. It is considered to be:
·        indispensable for life, for physical and mental health and for a healthy environment;
·        fundamental for ensuring an adequate standard of living, development, dignity and social peace;
·        a prerequisite for the right to freedom from thirst and hunger, and for the right to adequate food and food security.

7.      The right to water shall be taken into account and used as indicator in multilateral and bilateral trade, economic and financial negotiations.

8.      The right to water requires an appropriate surveillance mechanism.

Article 3 –The Right to a Sufficient Quantity of Water

1.      The right to water consists of a sufficient supply of water, physically accessible and at an affordable price.

2.      The right to water implies access to a supply system which enables entitled users to exercise their right of access and use without discrimination and in complete security.

3.      The right to water guarantees lasting access, without obstruction or arbitrary interruption. In cases of shortage, decisions to limit distribution shall be made in a fully transparent manner and on the basis of equity, especially with regard to precarious housing situations.

4.      Users shall be informed in time of any disruptions in water distribution and, if necessary, an alternative supply shall be provided.

5.      Access to water, and therefore to relevant installations and services, requires adopting adequate and appropriate regulatory provisions and guarantees, as well as mechanisms integrated within an effective governance system.

Article 4 –The Right to Clean Water

1.      The right of every individual to have access to water that is clean and uncontaminated and of an acceptable quality for personal and domestic use is an essential part of the right to water.

2.      States shall ensure universal access to drinking water and sanitation, as well as acceptable sanitary installations on an equitable and non-discriminatory basis, in urban as well as rural areas.

3.      National laws and regulations shall ensure the protection of the quality of water from potential effects of human activities of production and shall deploy the means necessary to enforce the "polluter pays" principle.

Article 5 – The Principles of sustainability and precaution

1.      Surface and underground waters are renewable resources, but have a limited capacity for recovery in terms of quantity and quality. Special attention shall be paid to regions that experience hydrological stress.

2.      As a key to sustainable development, water represents a social, cultural and ecological asset essential to social cohesion and cultural diversity, rather than an essentially economic good.

3.      The uses of water shall be defined and priorities established, preserving a balance between access to water, health imperatives, the protection of the environment - especially aquatic ecosystems - and the prosperity of countries and people. The uses of Water for Life have priority over the productive uses of water.

4.      States shall put in place a system of sustainable use of hydrological resources in order to both meet the needs of populations and protect the environment.

5.      States shall adopt and apply policies meeting the requirements of global integrated water resources management, with due account being taken of the drainage basins.

6.      The right to water shall be exercised taking into account the availability of resources within the framework of governance based on sustainability and economy, so that present and future generations may both benefit from them.

7.      The precautionary principle and preventive action are essential for a lasting applicability of the right to water.

8.      For each use of water for the purposes of agriculture, energy production and industry, States shall implement policies to minimize its impacts, particularly by identifying and applying the best environmental practices and technologies available and by encouraging their dissemination and/or duplication, particularly through appropriate measures, including fiscal ones.

9.      Public and independent impact assessments shall be conducted whenever certain envisaged activities are liable to have harmful effects on the water cycle, communities or biodiversity, and to affect sustainable access to water.

Article 6 – The Principle of Equity and Differentiation

1.      The right of access to water shall be implemented within the framework of a system based on equality, non-discrimination, solidarity, subsidiarity and co-operation.

2.      The exercise of the right to water shall ensure a balance between the drinking water needs of individuals, the qualitative and quantitative water needs of ecosystems, as well as the needs of agriculture and cattle farming, industry and energy production, and leisure activities.

3.      Equitable access to drinking water that is adequate both in terms of quantity and quality shall be ensured to communities and, in particular, to persons who are socially disadvantaged and/or politically marginalized or excluded.

Article 7 – The Principle of National Sovereignty

1.      Water in its natural state is a public good. It is incumbent on the community to determine its uses, quantitative and qualitative protection, promotion, as well as necessary supply and sanitation systems, in a spirit of equity, responsibility and economic efficiency.

2.      The application of the right to water for life is the first responsibility of States in the exercise of their sovereign right to exploit their own water resources in accordance with their national policies for the environment, economy and sustainable development and/or international agreements.

3.      Activities carried out within a national jurisdiction or under the control of a State must not threaten the right to water or damage the water resources of other States, regions that do not fall within any national jurisdiction or, in the case of rivers, States that are situated upstream or downstream.

4.      The right to water depends on the equitable and reasonable use of waters shared by neighbouring States, which are responsible for organizing water sharing and use in a way that is optimal and sustainable, in good faith, respecting the rules of good neighbourliness and for the benefit of all local communities and their environment.

Article 8 – Principle of Responsibility

1.      In return for the water-related rights guaranteed to them, individuals, companies and operators shall participate in the protection of the aquatic environment and in the conservation and promotion of water resources.

2.      Decentralization, proximity and the principle of subsidiarity are crucial elements of the right of access to water.

3.      Local communities and other local entities shall have the authority to define priorities adapted to their local context and benefit from a transfer of competences and means necessary to ensure access to water and to undertake sanitation projects.

4.      As a matter of priority, support shall be provided, either directly to local or national budgets or through donors’ action, to projects in the water sector that incorporate water for life. 

5.      An appropriate control and regulatory system shall be established.

6.      At the national level, the legal and institutional establishment shall determine respective responsibilities, their means of implementation, recourse mechanisms within the framework of an accessible and independent judiciary system, a compensation system, and appropriate sanctions in the event of violations.

Article 9 – Principles of Participation and Transparency

1.      The participation of all citizens and operators contributes to ensuring access to water. Such participation is based on plural, recognized and equal partnerships.

2.      Local populations, indigenous communities and local authorities have a vital role to play in water governance. The participation of representatives of vulnerable groups and those without access is of great value, provided it takes place at the appropriate level and in full awareness of the issues at stake. It allows the existing environmental skills, knowledge, local culture, traditional practices and appropriate technologies to be taken into consideration.

3.      Public participation, in particular in the process of decision-making and water projects evaluation, requires means to be put at the projects’ disposal.

4.      Participation requires that the populations concerned be informed. Special attention shall be paid to water services, the quality of water, harmful substances, dangerous activities, as well as the tariff systems and the technologies used by communities.

5.      Places for coordination, mediation and arbitration shall be established within a participatory framework as they reinforce water governance and social acceptance.

6.      The struggle against corruption is a sine qua non in ensuring respect for the right to water. To this end, tenders, contracts and/or subventions for water-related activities and services, as well as sanitation, shall be transparent and entrusted to trained managers accountable for their results.

7.      Effective access by individuals and representatives of organisations to judicial and administrative actions shall be ensured whenever there are infringements on the Right to Water.

8.      National legislations shall give non-governmental organizations that are active in the water and sanitation sector the capacity to take legal action on their own behalf or on behalf of victims of violations of the right to water.

Article 10 – Financing Water Services for the sake of the Right to Water

1.      Water shall not be exploited for excessive profits and speculative purposes.

2.      Under the local, national and international budgetary resources allocated to investment expenditure in the water sector, priority shall be given to access to water, particularly for the poor and those without access.

3.      The ownership of water equipment and infrastructures shall rest with national or local authorities.

4.      The prices of water supply and sanitation services shall take into account the lasting character of the service, sustainability of water resources, the protection of public health and of the environment, and social cohesion.

5.      There are many different ways, innovative and recognized, to ensure the financing of water services:  collective labour in rural areas, community participation, etc.

6.      A regulatory framework needs to be established in order to organize the participation of communities in the financing and management of water services, as well as the redistribution of costs so as to ensure a universal service.

7.      Arbitration mechanisms shall be created in order to solve any budget-related conflicts between different sectors.

8.      Water services shall be complemented, at the national and local level, by guarantees designed to ensure that water is provided at an affordable price and that provision is made for targeted and transparent subsidies in order to protect the rights of disadvantaged communities. 

9.      The financing of “productive water” projects and infrastructures shall be in accordance with national regulations and international standards that guarantee the right to water.

Article 11 – Right to Water in the event of Armed Conflicts

1.      The right to water of oppressed, dominated and/or occupied communities shall be guaranteed in accordance with the principles and rules of international law applicable to armed conflicts.

2.      The right to water shall not be infringed upon in the event of an international or non-international conflict.

3.      Water shall not be used as a means of pressure or as a target in the event of armed conflicts or civil wars.

4.   Any breach of the right to water shall be declared a crime against humanity.

PROVISIONS TO BE DEVELOPED

Article 12 – Meetings of States & Convention Members

Article 13 – Decisions and Recommendations

Article 14 – Settlement of Disputes

Article 15 – Amendment of the Convention

Article 16 – Implementation

Article 17 – Adoption of Protocols

Article 18 – Final Provisions

Contacts: