Picture Credit: © WaterLex 2013

WaterLex Promoting International Water Law Obligations Derived from Human Rights Commitments at the ACHPR

Within the framework of the NGO Forum of the African Commission on Human and Peoples' Rights (ACHPR), WaterLex, WaterAid and the Legal Resources Centrer organised on 5-7 April 2013 a panel discussion in Banjul, the Gambia pertaining to the human rights obligations of States in relation with the protection of water resources.

The objective of the session was to seize the opportunity of the International Year of Water Cooperation to further assist the ACHPR in interpreting the African Charter on Human and Peoples' Right and the subsequent Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter as regards water resources management. Indeed, the ACHPR Principles and Guidelines are the only instrument protecting water resources as sources of drinking water from a human rights-based approach.

The panel discussion led to the adoption of a Resolution on international water law obligations derived from human rights commitments by the NGO Forum, which notably stresses on the crucial importance of the following principles:
1. Protection of the Quality of International Water Resources as Sources of Drinking Water
2. Priority of Vital Human Needs
3. Access to Information and Participation in Governance
4. Access to Justice and Remedies
5. Non-discrimination

The Resolution will be further submitted to the ACHPR for official endorsement. 

 
For more information:
WaterLex International Secretariat 
Tel: +41 (0)22 733 83 36
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Picture Credit: © OECD 2013

WaterLex at the First Meeting of the OECD Water Governance Initiative in Paris

WaterLex participated in the First Meeting of the OECD Water Governance Initative at OECD Headquarters in Paris on 27-28 March, which aimed at launching a multi-stakeholders forum allowing all water actors to share good practices with the view to meeting water governance targets identified in Marseilles by 2015. The Initiative intents to ensure continued momentum between the 6th and the 7th World Water Forum to be held in 2015 in Daegu, South Korea. 

In order to ensure consistency and continuity, the importance of sharing best practices, methodologies and tools between all water actors was highlighted so as to build on what already exists and exchange views on lessons learnt from failures and sucesses. In that respect the framework of the International Year of Water Cooperation, which is taking place one year after the 6th World Water Forum in Marseilles, constitutes an ideal opportunity to review the progress achieved to date and set up follow-up instruments until the next World Water Forum in Daegu. 

It has notably been decided that an Observatory on water governance would be created so as to keep track of all water solutions, initiatives, methodologies and tools supporting water governance and to allow water actors to access this key information for their respective know-how.

WaterLex underlined the need to fully pay heed to the human rights-based approach to water governance in odrer to be in line with the obligations resulting from the recognition of the human right to water and sanitation by the United Nations General Assembly and Human Rights Council. WaterLex also emphasised that it has developed two tools aiming at assisting water actors in this process: the WaterLex Legal Database on the Human Right to Water and Sanitation, and WaterLex Toolkit to integrate the human right to water and sanitation in development practice.

For more information:
WaterLex International Secretariat 
Tel: +41 (0)22 733 83 36
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Picture Credit: © WaterLex 2013

Contributing to the Realisation of the Human Right to Water and Sanitation in Moldova

From 18 to 20 March, WaterLex undertook in cooperation with SDC and AGUASAN a training worshop for government representatives, development practitioners and civil society partners in Chisinau, Moldova, which aimed at improving the capacity of key Moldovan water stakeholders in contributing to the implementation of the human right to water and sanitation at national level.

The workshop was inaugurated by Mr Gheorghe Şalaru, Minister of the Environment of the Republic of Moldova, and Mrs Georgette Bruchez, Director of the Swiss Cooperation Office. Both reiterated their commitment to ensure effective cooperation in the water and sanitation sector in Moldova.

In order to illustrate how to follow a human rights-based approach when designing water and sanitation projects, WaterLex presented its Toolkit on Integrating the Human Right to Water and Sanitation in Development Practice, and its corresponding methodology and tools in order to empower participants in undertaking an analysis of national human rights obligations and identifying the underlying causes of the lack of access to water and sanitation in Moldova.

Working groups identified people deprived from this access (right holders) and those having the responsibility to guarantee the right to water and sanitation (duty bearers) before pinpointing the capacity gaps of right holders preventing them to know and claim their rights, and for the duty bearers to fulfill their obligations. Participants then learned how to plan and design their action so as to effectively addess these issues, and eventually how to monitor and evaluate projects applying a human rights-based approach.

WaterLex next training will be hold in Nicaragua in June 2013.  

For more information:
Natalia Uribe, Training Coordinator 
Tel: +41 (0)22 733 83 36
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One Day for Water, Many Ways for Cooperation!

The significance and value of cooperation depend on the goals to be achieved. The 2013 World Water Day is the occasion to reassess that the overarching goal of water cooperation must be the realization of the rights of people and future generations as reflecting both “our respect for the rights of our neighbors, and our concern for the legacy of our children” (UNSRHRWS, 2012).

At this occasion, WaterLex releases three messages to highlight the need for implementing human rights-based cooperation. WaterLex works for the concrete realization of each of these statements through declarations, guidelines and specific tools. WaterLex's messages on water cooperation and human rights are further developed in a paper available here.

A Message of Peace 

WaterLex calls upon States to strengthen the legal framework for river basin management and to ratify the 1992 UNECE Water Convention that has become global this year, as well as the 1997 United Nations Watercourses Convention.

→ Have a look at the WaterLex Declaration on International Water Law Obligations Derived from International Human Rights Commitments!

The WaterLex Declaration has been drafted with the contribution of a number of members of human rights treaty bodies.  The Declaration provides a comprehensive articulation of human rights obligations and international water law. 

A Message of Inclusiveness

Following-up on the 2012 UN Water monitoring report on integrated water resources management plans, WaterLex calls upon States to adopt a human rights-based approach ensuring that economic sustainability does not jeopardize social and environmental sustainability. In particular, WaterLex calls upon States to ensure a human rights impact assessment of water resources management plan.

→ Check your national legislation in the WaterLex Legal Database on the Human Right to Water and Sanitation! 

 The WaterLex Legal Database constitutes a reliable source of national and international laws and policies assisting decision-makers in assessing from other countries experience what type of measures were      adopted by their peers to realize their human right to water and sanitation obligations. 

A Message of Solidarity

WaterLex calls upon States and local authorities to foster international and decentralized cooperation aligning with the principles of the 2005 Paris Declaration on Aid Effectiveness (ownership, alignment, harmonization, managing for results and accountability) and human rights principles (universality, participation, accountability, non-discrimination and sustainability) as binding upon Donors and recipients States. Furthermore, WaterLex invites local authorities to endorse the Global Water Solidarity Charter on Decentralized Solidarity Mechanisms for Water and Sanitation so as to publicly engage in promoting decentralized solidarity mechanisms (DSMs).

→ WaterLex Toolkit for Development Practitioners on the Right to Water and Sanitation just released!

 WaterLex is glad to release the toolkit in its finalization phase for comments and contributions! The Toolkit is a practical guide for the Realization of the Human Right to Water and Sanitation through development practice. It provides a methodology and associated tools to assist bilateral and multilateral cooperation agencies and NGOs in the development of projects integrating human rights principles and positively impacting the realization of the human right to water and sanitation in a given country. It concentrates therefore on integrating a human rights-based approach into water and sanitation projects.

Picture Credit: © Pan-African Parliament 2013

Championing Members of the Pan-African Parliament in Taking Action for Sustainable Access to Water and Sanitation in Africa

WaterLex, WaterAid and the Pan-African Parliament organized a workshop on water and sanitation in Addis Ababa, Ethiopia on 15-16 March 2013 to champion Members of the Pan-African Parliament in taking action to ensure sustainable access to safe water and sanitation in Africa.

Members of the Pan-African Parliament were presented Africa’s progress on WASH and MDGs, the economic and social costs of neglect and inaction, the impediments to WASH sector financing, and the current status of the debate on the post-2015 agenda.

WaterLex specifically strived to empower Members of the Pan-African Parliament with the necessary policy and legal information but also with the necessary tools to assist them in realizing their country’s obligations related to the right to water and sanitation. In particular, the importance of the WaterLex Legal Database on the Human Right to Water and Sanitation was underlined so as to allow MPs to get information and inspiration from peers’ experience regarding legislation adopted in African countries in the field of water and sanitation.

A Declaration recommending the implementation of the human right to water and sanitation as a political priority for Africa was adopted at the end of the workshop. It will be presented at the next plenary session of the Pan-African Parliament in May 2013 for official endorsement.

 
For more information:
WaterLex International Secretariat 
Tel: +41 (0)22 733 83 36
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 Picture Credit: © WaterLex

Brand-New Release of the WaterLex Legal Database on the Human Right to Water and Sanitation
 

At the occasion of the official launch of the International Year of Water Cooperation, WaterLex is most happy to announce that a brand-new version of the WaterLex Legal Database on the Human Right to Water and Sanitation has just been released on our website at the following address: http://www.waterlex.org/waterlex-legal-database.

The WaterLex Legal Database (WLD) now features:

- an interactive map showcasing legal instruments relevant to States individually both at national and international level;
- a submission form allowing anyone to contribute to this initiative by submitting new legal documents to be included in the WLD;
- a button to send us comment located on the right-hand side of every title of document and article of a given result allowing you to bring our attention on any specific aspect of interest;
- an Advanced Search option allowing you to refine your search by the following specific criteria: legal document types, human rights standards and principles, States, and world regions;
- a full text search option allowing you to search a specific word(s) or expression within all documents listed in the WLD;
- an option to display all results on the same page instead of several should you find it more convenient;
- a new Content section providing you with the references to COHRE's and WaterLex's publications related to the WLD.

To date, the WaterLex Legal Database comprises more than 200 legal documents and covers more than 90 countries. Link to original documents is provided whenever possible.

Several new developments will occur in 2013, including the incorporation of case law following our Call for Cases on the right to water and sanitation, which will result in a publication to be released in early April due to an unexpected number of late submissions.

The WaterLex Legal Database is supported by the Swiss Agency for Development and Cooperation and the Swedish Water House.

For more information:
At the occasion of the International Year of Water Cooperation, WaterLex wishes very much to benefit from this unique momentum to elaborate partnerships and develop cooperative frameworks with the view to interconnecting related initiatives and consolidating the updating process of the WaterLex Legal Database.

Please contact Mr Vivien Deloge, WLD Project Coordinator
Tel: +41 22 733 83 36
Email: v.deloge [a]waterlex(dot)org 

Picture Credit: © WaterLex

WaterLex at the Official Launch of the International Year of Water Cooperation

WaterLex was at the UNESCO headquarters in Paris for the kickoff event launching the International Year of Water Cooperation (IYWC) on 11 February 2013. UNESCO has been called upon by UN-Water to lead the organisation of the IYWC considering its mandate in the fields of education, science, peace and sustainable development together with its long-standing contribution in water issues.

The event was opened by Mrs Irina Bokova, Director-General of UNESCO, who insisted on the need for all water actors to benefit from the IYWC framework to become "super-cooperators", while Mr Hamrokhon Zarifi, Minister of Foreign Affairs of Tajikistan, further engaged all participants to take active steps allowing the fostering of cooperation on water issues.

The key events of the year were announced by official representatives, including: the upcoming World Water Day in The Hague on 22 March; the High-Level International Conference on Water Cooperation in Dushambe on 20-21 August; Word Water Week in Stockholm from 1 to 6 September; and the Budapest Water Summit in October.

WaterLex welcomes the objectives of the IYWC to build peace, eradicate poverty, preserve water resources and ensure the application of the principles of sustainable development, and looks forward to building bridges in 2013 with all water actors aiming at developing sustainable solutions based on human rights so as to improve water goverance worldwide.

 
For more information:
WaterLex International Secretariat 
Tel: +41 (0)22 733 83 36
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Picture Credit: UN Water 2013

Preparing for the UN Year for Water Cooperation: International Conference in Zaragoza

The International UN-Water Conference 'Preparing for the 2013 International Year. Water Cooperation: Making it Happen!' took place in Zaragoza, Spain, from 8 to 10 January 2013, focusing on how to make cooperation happen in practice. Proclaimed by the United Nations General Assembly in 2011, the objective of this International Year is to raise awareness, both on the potential for increased cooperation, and on the challenges facing water management in light of the increase in demand for water access, allocation and services.

More than 160 United Nations experts, and key multi-stakeholders from all  around the world met in Zaragoza to  exchange on the best approaches to promote effective cooperation at different scales- including transboundary water cooperation, water cooperation in cities, water cooperation in rural areas, decentralized cooperation and development cooperation.

The conference introduced the key skills required for water cooperation, with particular attention to their important role in the process of negotiation and mediation and with examples of their application in national and international water settings. Mutual trust and understanding the real needs of communities were emphasized as key factors for successful water cooperation. Other vital elements identified were political will, legal frameworks, accountability and institutional structures. “Achieving water cooperation is the result of a long term process which requires time, patience and mutual trust” summarized Josefina Maestu, Director of the UN Office to support the International Decade for Action ‘Water for Life’ 2005-2015, organizers of the Conference.

Some of the expected outcomes of the conference include:

• A series of documented case studies that illustrate how different tools and approaches for dispute resolution are implemented in practice;

• A synthesis of lessons learned on the use of approaches for dispute resolution and how to improve water cooperation;

• A feedback on the main messages for World Water Day 2013.

Time to articulate human rights obligations and transboundary water cooperation?

WaterLex was invited to participate in the discussions of the panel on “Water cooperation between nations and between stakeholders” which included the case of the Senegal River Basin. WaterLex highlighted that the Senegal Water Charter of 2002 is a pioneer instrument, insofar as it explicitly includes the human right to water and is one of the only two existing to date, together with that of Niger River Basin. The integration of the human right to water in transboundary agreements provides a framework for States to cooperate while ensuring respective compliance with international human right standards.

At the occasion of the 2013 UN International Year of Water Cooperation, WaterLex believes it is timely to articulate and clarify human rights obligations related to water resources management in a transboundary context. To facilitate further discussion on this issue, WaterLex is planning a seminar during the 2013 World Water Week on the implications of the human right to water and sanitation on the management of transboundary water resources, as well as a side-event during the September session of the UN Human Rights Council.

Other key events

By declaring 2013 International Year of Water Cooperation, the international community recognizes the importance of peaceful and sustainable management and use of water resources. The Year will highlight the history of successful water cooperation initiatives, as well as identify burning issues on water education, water diplomacy, transboundary water management, financing cooperation, national/international legal frameworks, and the linkages with the Millennium Development Goals.

Amongst the key planned events are :

• UN-Water Annual Conference in Zaragoza - "Water Cooperation, Making it happen!"

8-10 January 2013 | Zaragoza, Spain

• Kick-off Meeting of the International Year

11 February 2013 | UNESCO HQ - Paris, France

• World Water Day

22 March 2013 | The Hague, The Netherlands

• High-Level International Conference on Water Cooperation

August 2013 | Dushanbe, Tajikistan

• World Water Week

1-6 September 2013 | Stockholm, Sweden

More information:

International Annual UN-Water Zaragoza Conference 2012/2013

UN Resolution on the International Year of Water Cooperation

UN Year for International Cooperation (Website)

For further information on WaterLex activities in the context of the International Year of Water Cooperation, please contact:

Aline Baillat  - Project Coordinator - a.baillat[at]waterlex.org

Picture Credit: UNDP / GWS 2012

Decentralized Cooperation: Making Water a driver for decentralization

International cooperation has diversified in the water and sanitation sector over the last decade. Besides inter-state cooperation (i.e. Official Development Assistance (ODAs)), another form of public cooperation has developed at the municipality level. Through decentralized cooperation municipalities provide institutional, financing and technical support to one another. The objective is to support decentralization in order to scale up municipalities’ technical and financing capacities. A number or European countries have developed decentralized cooperation mechanisms (e.g. the 2005 French Oudin- Santini Law on decentralized cooperation, Spain, Italy etc.).

In 2012, the Global Water Solidarity, hosted by UNDP, was officially set up to support the development of decentralized cooperation mechanisms worldwide. The GWS is a platform of partners, encompassing water agencies, NGOs, local authorities and other development partners. Global Water Solidarity is a coalition of local, regional and national governments, public and private institutions and civil society organizations from Europe, Asia and Africa. Its members are working together to develop, replicate and scale up decentralized solidarity mechanisms (DSMs) and to support existing DSMs at national and regional levels.

WaterLex, as a GWS member, was mandated in August 2012 to realize the first GWS feasibility study on decentralized cooperation mechanisms at the national level in Niger. Niger, which is currently chairing the Water and Sanitation for All in Africa (WSA), is indeed the first country that has required a feasibility study  for the preparation of a national study on decentralized cooperation in water and sanitation. Concomitantly another study took place in Dakar that aimed at designing a decentralized cooperation mechanism, in that case specifically for the municipality itself. Both studies were developed in partnership with the public authorities of the respective countries. Both studies were presented at Africities (Dakar, 6 December 2012) and at the High Level Forum on Water and Sanitation for All in Africa (Dakar, 12-15 December 2012). The Forum, that gathered around 600 participants, including ministries and officials from the 22 Member countries of the Water and Sanitation for All in Africa (WSA), was dedicated this year to innovative financing mechanisms.

Dakar Declaration (High Level Forum on Water and Sanitation in Africa)

"All funding initiatives must be based on the fact that water is a human right, sanitation and hygiene promote health and well-being and should take into account access to financial service, geographical access and issues relating to water quality. Infrastructure and services must be equitable and inclusive. » (emphasis added)

WaterLex welcomes the recognition of the human right to water as a core to financing mechanisms. It encourages the recognition of the human right to sanitation as well for a mutually strengthening between water and sanitation efforts to reach sustainability.

The main outcomes of the Forum were:

• The creation of a Sanifund and the Initiative of Water Operators to assist municipalities in accessing funding ;

• The setting up of an African Think Tank on sanitation to assist with the development of national sanitation policies ;

• Launching of the foundation and research center of Sanitation and Water for All; and

• The call for a strategy for financing the realization of the post-2015 indicators.

For more information:

- WaterLex study on decentralized cooperation mechanisms at the national level in Niger

- Global Water Solidarity (website)

- High Level Forum on Water and Sanitation for All in Africa

- Dakar Declaration, High Level Forum on Water and Sanitation for All in Africa (in French)

For further information on WaterLex activities in decentralized cooperation mechanisms, please contact:

Ms Helene Boussard, Research Coordinator - h.boussard[at]waterlex.org