www.agp.org | Archives - WTO info: Water : Right to transparency on GATS-requests implied by UN Covenant

1. Right to water, based on International Covenant on Economic, Social and Cultural Rights, requires that :

States are obliged to demonstrate, also to citizens, the information how states ensure that their commitments under WTO agreements do not adversely impact upon the right to water of individuals and communities in other countries :

It must be transparently guaranteed equally for all that everybody will get adequate water in fact and by such efforts, costs or charges which do not compromise or threaten the realization of their other human rights.

2. According to the new authorized legal interpretation of this Covenant on Economic, Social and Cultural Rights; General Comment 15; published on 20.1. 2003 by Committee on Economic, Social and Cultural Rights (E/C.12/2002/11, :

States have obligation to ensure, prove and demonstrate that States' commitments under WTO rules "must not adversely impact upon the right to water" (paragraph 35) and :

"Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties" (paragr. 48) also in this regard; also to "prevent. companies from violating the right to water of individuals and communities in other countries". (paragr. 33)

"World Trade Organization (WTO), should cooperate effectively with States parties. in relation to the implementation of the right to water" so that "priority in the provision of. distribution and management of water and water facilities should be given to the most vulnerable or marginalized groups of the population".(60)

3. States have thus obligation to ensure, prove and demonstrate the realization of the following responsibilities, "international obligations" and "information accessibility":

"States parties have to respect the enjoyment of the right in other countries" and "to refrain from actions that interfere, directly or indirectly, with the enjoyment of the right to water in other countries". 31
"Water and water. services must be accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact" so that water "costs and charges. must not compromise or threaten the realization of other Covenant rights". 12
"States parties should ensure that the right to water is given due attention in international agreements"
"Agreements concerning trade liberalization should not curtail or inhibit a country's capacity to ensure the full realization of the right to water". 35
"Water should be treated as a social and cultural good, and not primarily as an economic good"11
And "Water should never be used as an instrument of political and economic pressure".32
"To demonstrate compliance with their. obligations, States parties must establish that they have taken the necessary and feasible steps towards the realization of the right to water" 30
"With regard to the conclusion and implementation of. international. agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to water"(35)
"States parties should ensure that their actions as members of international organizations take due account of the right to water" 36 and "prevent their own citizens and companies from violating the right to water of individuals and communities in other countries. 33 "The economically developed States parties have a special responsibility. to assist the poorer developing States in this regard. 34
"the State party has the burden of proving" and "justifying that every effort has. been made to use all available resources at its disposal in order to satisfy, as a matter of priority" all these obligations (19 and 41) and :
"to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to water in pursuing their activities" 49 also to "prevent. companies from violating the right to water of individuals and communities in other countries. 33
"Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties" 48 also regarding states' obligation to ensure that commitments under WTO agreements "do not adversely impact upon the right to water" 35
"The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water". 48

(you can find the document from http://www.unhchr.ch/ by clicking from there "documents", then "treaty based bodies" then "Committee on Economic, Social and Cultural Rights" and then "General Comments" or you can search it by document symbol E/C.12/2002/11)

Water : Right to transparency on GATS-requests implied by UN Covenant UN Committee on Economic, Social and Cultural Rights 20.1.2003

Water : Right to transparency on GATS-requests implied by UN Covenant
UN Committee on Economic, Social and Cultural Rights 20.1.2003