March 20, 2008
As reported in today's Vancouver Sun (with 165,144 readers), the Ottawa Citizen (129,631 readers), the Victoria Times Colonist (71,558 readers), and Saskatoon Star-Phoenix (54,855 readers), "The federal government is refusing to recognize that access to water is a basic human right, observers at a United Nations conference in Geneva say. On the eve of World Water Day, Canadian officials have allegedly raised more than a dozen objections to a proposal, backed by Germany and Spain, to recognize the issue at the UN Human Rights Council and appoint an international watchdog to promote the right and investigate situations in individual countries."
THE COUNCIL OF CANADIANS
Maude Barlow is quoted in the article saying, "This has been consistent from the Chretien-Martin government to this (Harper government) one. I do think that this comes down to a dispute - a difference between those who see water as an economic good to be put on the market like running shoes, (and sold) to the highest bidder, and those of us that believe that it is a human right."
THE HARPER GOVERNMENT
Shaun Tinkler from the Department of Foreign Affairs and International Trade says, "Access to water, while important, is not a right defined in the UN's Universal Declaration on Human Rights, nor is a human right to water elaborated in international human rights law. We are working constructively with other delegations to develop a negotiated text which accurately reflects the status of this issue."
Fact: On May 19, 2006, the United Nations Committee on Economic, Social and Cultural Rights criticized Canada for not recognizing the right to water: "The Committee regrets that the State party does not recognize the right to water as a legal entitlement, which is implicitly provided for under articles 11 and 12 of the (International) Covenant (on Economic, Social and Cultural Rights), as outlined in the Committee's General Comment no. 15 (2002) on the right to water."
Fact: At the last UN Human Rights Council session in September 2007, Louise Arbour, UN High Commissioner for Human Rights, acknowledged that the human right to water is part of the International Covenant on Civil and Political Rights.
Fact: Mr. Tinkler essentially states that water is not a human right and that the Harper government is not working to change this - as such it is clear that the Harper government does not support the right to water.
THE LIBERALS
Liberal water critic Francis Scarpaleggia in backing the Harper government position on this says, "The security of our own water vis-a-vis the United States is not settled, so we don't want to make any symbolic gestures which could embarrass us in the future when private enterprise in the United States come knocking at our door for bulk water. That doesn't mean that we shouldn't adhere to the principle of water as a human right in practice and make it a greater part of our overseas development, assistance programs...If we lost (a NAFTA challenge on a ban against bulk water exports), we would be sold down the river."
Fact: At the United Nations Commission on Human Rights in 2002, Canada – at that time under the Liberal government of Prime Minister Jean Chrietien - was the only country to vote against a resolution on the Right to Drinking Water and Sanitation.
Fact: The Liberals are proposing a ban on inter-basin transfers of water on environmental grounds, hoping they can skirt NAFTA. Our legal experts believe this is a mistake and that such legislation would not stand up to a NAFTA challenge in terms of bulk exports. As well, this approach would do nothing to lesson the threat of investor-state challenges if Canada changes the water rules on US corporations operating in Canada. For instance, the big American energy companies operating in the tar sands of Northern Alberta would be able to sue for billions of dollars of compensation if the Alberta government were to tell them they have to cut down on their use of water for oil extraction.
Fact: Recognizing the right to water does not mean Canada would lose control over Canadian water. The argument has been made that the United States could demand Canadian water by claiming it under international obligations. This is an unlikely scenario because a claim on human rights grounds must meet very strict criteria. The U.S. could not argue that it needs Canadian water on a humanitarian basis when it leads the world in water consumption per capita. A human rights convention is between a government and its citizens. Recognition of the right to water in no way affects a country's sovereign right to manage its own resources. Any obligation on other governments are entirely moral and would take the form of financial aid to help poorer countries meet these obligations.
TAKE ACTION
You can respond to our ACTION ALERT: Demand that the Harper government vote for the right to water at the UN this week.
You can write a letter to the editor on this issue to:
THE SASKATOON STAR-PHOENIX, spnews@sp.canwest.com
THE VANCOUVER SUN, sunletters@png.canwest.com
THE OTTAWA CITIZEN, letters@thecitizen.canwest.com
THE VICTORIA TIMES COLONIST, letters@tc.canwest.com
Please note that the article may also appear in other newspapers across the country, so keep watch for it in your local newspaper.
SAMPLE LETTER
It is shameful that the Harper government refuses to recognize the right to water at the United Nations (‘Government stalling access-to-water pact, critics charge’ – March 20). Over 1.1 billion people do not have access to safe, clean drinking water, while 2.6 billion still are without adequate access to water for basic sanitation. I agree with Maude Barlow that water should be recognized as a human right. I’m shocked that the government spokesperson claims that since water isn’t now recognized as a right, the government is simply working within that reality. This assertion ignores the fact that in May 2006 Canada was criticized by the United Nations Economic, Social and Cultural Rights for not recognizing the right to water as outlined in the UN’s General Comment 15. I was also disappointed to read Liberal MP Francis Scarpaleggia supporting the Conservative government’s position at the UN. While the Liberal government voted against a resolution on the right to water at the UN in 2002, the Liberals now argue that we should not make ‘symbolic gestures’ at the UN until the issue of bulk water exports is settled. The fact is that recognizing the right to water would not compel bulk water exports to the US, the current motion at the UN explicitly states this, and that the best way to stop bulk water exports is to exclude water from NAFTA.
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Brent Patterson, Director of Campaigns, Organizing
