UNGA Declares Water a Human Right … Which means what?

July 30th, 2010

Just a few days ago, on 28 July, the UN General Assembly declared the obvious – “the right to safe and clean drinking water and sanitation [is] a human right that is essential for the full enjoyment of life and all human rights.” I say “the obvious” because there seems to be little argument that water is fundamental to life. The disagreement, though, lies in the formulation of the right and what obligations it actually creates.

Does it mean that water should be provided free of charge? By whom? And who should cover the costs? Does it mean that water of a certain quantity and quality must be provided, or would any water do? Does it mean water at your tap or kitchen sink, or merely in the village square? Moreover, against whom would the right be enforceable? Against your own government, or that of another? And, does it create rights in nations as against other countries? Should water-rich Canada be obliged to provide for the water needs of parched Middle Eastern nations?

Unfortunately, the Resolution is long on prologue and short on details. In addition to the above assertion, it also calls on nations and international organizations to fund the realization of “safe, clean, accessible and affordable drinking water and sanitation for all” and encourages the ongoing work of the UN Human Rights Council and its independent expert, Catarina de Albuquerque, on the subject and request that her forthcoming report to the sixty-sixth session of the General Assembly to include “the principal challenges related to the realization of the human right to safe and clean drinking water and sanitation and their impact on the achievement of Millennium Development Goals.” Nothing more.

This lack of detail actually was at the heart of the opposition to the Resolution. Yes, there were some who actually tried to prevent its adoption. But not because they thought a human right to water is a bad idea. Rather, they felt the Resolution undermined the formal process underway by the Human Rights Council for developing a substantive and well-formulated human right to water. As asserted by the US representative in his explanation of why the United States abstained in the vote:

“This resolution describes a right to water and sanitation in a way that is not reflective of existing international law; as there is no ‘right to water and sanitation’ in an international legal sense as described by this resolution.

“The United States regrets that this resolution diverts us from the serious international efforts underway to promote greater coordination and cooperation on water and sanitation issues. This resolution attempts to take a short-cut around the serious work of formulating, articulating and upholding universal rights. It was not drafted in a transparent, inclusive manner, and the legal implications of a declared right to water have not yet been carefully and fully considered in this body or in Geneva.”

In other words, it was premature and possibly ill-considered. This objection by the United States, though, was not an isolated protest. As the record of the vote indicates, 40 other countries abstained, including a majority of the developed world. Yet, a number of European nations, including Germany, Italy, Spain, and Switzerland sided with the majority (122 votes in favor) suggesting that the objections are grounded more in the ideology and interpretation of the right itself rather than in any political or socio-economic debate. Moreover, as I have suggested in the past, the objections are probably also based on the complexities of implementing such a right, including addressing how to finance implementation of the right (see my post on water marketing).

Despite its shortcomings, the Resolution is definitely a milestone. While legally non-binding, this statement by the highest of international assemblies indicates that the notion of water as a human right is gaining traction. At the very least, it adds moral (and potentially political) weight to the belief that governments have a responsibility to ensure safe, clean, accessible and affordable drinking water and sanitation, at least for their own citizens if not for all. Moreover, it adds to the momentum of those championing the right and suggests that they may be gaining ground on their ultimate goal – a legally binding obligation.

Posted in Human Rights | Comments Off on UNGA Declares Water a Human Right … Which means what?

Accord or Discord on the Nile? – Part II

July 26th, 2010

Before giving my assessment of the Agreement on the Nile River Basin Cooperative Framework (CFA), a brief caveat. As you will see from the copy I procured, the document has some formatting defects (e.g., different font sizes, a few color changes, non-consecutive numbering, variations in indentation spaces, etc.). While I (and my sources) cannot vouch that this is the final edition of the agreement that was opened for signature on 14 may 2010, it appears to be a near final version. Accordingly, you should consider my comments with a grain of salt.

Overall, the CFA appears to be in line with some of the more comprehensive transboundary waters agreements, spelling out in some detail the legal bases upon which the region’s hydro-relationship is to be forged and articulating the rights and obligations of the parties. To that extent, it is a valiant and meaningful effort at achieving a functional and worthwhile accord. Those of you who would prefer hard numbers and provisions on allocations, though, may be disappointed – the agreement is fundamentally about principles.

The most noteworthy aspect of the agreement is Part III, which creates the Nile River Basin Commission. The significance of this section is that it establishes a mechanism for facilitating cooperation and preventing disputes, one of the core objectives of the CFA. Moreover, and possibly most important, it creates space for discussing sensitive issues outside the political realm thereby minimizing the hyperbole and gridlock that often plagues international politics. And the Nile River Basin is no stranger to political hyperbole and gridlock …

Of course, the creation of a supranational institutional apparatus will not guarantee harmony on the Nile. Its success will greatly depend on whether the parties to the CFA implement the provisions for its creation and operation, as well as the degree to which they place their trust in it. Nevertheless, the design of the institution is somewhat similar to that of the Organization for the Development of the Senegal River, known by its French acronym OMVS (Organisation pour la Mise en Valeur du Fleuve Sénégal), a rather successful transboundary water management mechanism. Indeed, if the countries of the Nile Basin actually follow the OMVS paradigm for cooperation, there could be a very bright future for the region.

Other sections of the CFA that deserve mention include Part II and III, which articulate the legal principles underpinning the agreement and the relationships of the riparians as they pertain to the management of the Nile River. While the extent to which these doctrines are defined or explained varies in the agreement, having an established core set of values and rules bolsters the likelihood of the CFA’s success.

Of the principles presented, most are well recognized under international water law, including those of cooperation, equitable and reasonable utilization, no significant harm, and exchange of data and information. The CFA, however, proffers a number of legal doctrines that are not in the mainstream. For example, while the notion of subsidiarity often appears in other contexts, it has rarely been invoked explicitly in the framework of transboundary water management and regulation. Article 3(3) briefly defines the principle as “development and protection of the Nile River Basin water resources [that] is planned and implemented at the lowest appropriate level.” Furthermore, Article 10(a) elaborates on this notion by emphasizing that State Parties to the CFA “shall … allow all those within a State who will or may be affected by the project in that State to participate in an appropriate way in the planning and implementation process.” Given the disparate geographies, climatic conditions, economics, and other factors that are found along the length of the Nile and its tributaries, this is a welcomed progressive addition that enhances participation and democratizes the management of the River.

Possibly the most interesting, and certainly the most controversial, provision of the CFA is contained in Article 14, which recognizes “the vital importance of water security” to each of the Nile’s riparians and acknowledges the achievement of such security through “the cooperation management and development of waters of the Nile River System.” Under Article 2(f), “water security” is defined as “the right of all Nile Basin States to reliable access to and use of the Nile River system for health, agriculture, livelihoods, production and environment.” As such, it implicates a legal right, held by each of the riparians, to an amount of water that is adequate to fulfill the needs of all of these sectors. Read in isolation, such a right might seem quite reasonable, possibly even noble. However, given the degree of water scarcity that is typically of the region, this ideal must recede in the face of reality. What remains is an aspirational goal that must be balanced against the availability of water in the watercourse. Certainly, Article 14(a) creates a relatively lose obligation that requires Nile Basin States “to work together to ensure that all states achieve and sustain water security.” That provisions, though, does not impose individual liability or dictate reductions of water withdrawals in relation to the achievement of this goal. That possibility was left to Article 14(b).

As might be imagined, Egypt and Sudan objected to such a mechanism. As originally drafted, Article 14(b) had Nile Basins States agreeing “not to significantly affect the water security of any other Nile Basin State.” If implemented, this provision might have been used to find states individually responsible for its violation and, thereby, affect those states’ withdrawals. In sharp contrast, Egypt proposed (with Sudan as its lone supporter) that the Nile’s riparians be bound “not to adversely affect the water security and current uses and rights of any other Nile Basin State.” In other words, Egypt sought to modify the notion of water security in relation to states’ current uses and withdrawals, certainly in relation to its own historical claims [see my prior posting on this issue].

In a surprising move, the members of the Nile Basin Initiative – the partnership composed of the nine Nile riparians that drafted the CFA – decided to move ahead with the CFA minus Article 14(b). In its stead, they put a placeholder indicating that “the issue on the Article 14(b) be annexed and resolved by the Nile River Basin Commission within six months of its establishment.” This is rather an amazing procedure given the importance of the issue for all of the Nile’s riparians, especially for Egypt and Sudan, and because it implicates that the latter two countries would join the accord in order to revisit the dispute. If it wasn’t for the two lower riparians’ subsequent refusal to sign the agreement and their rather strong language in objecting to its implementation by the river’s upper riparians, you might think that peace had reigned over this troubled region. Still, recent reports (e.g., here and here) suggest that the two dissenters are willing to continue negotiating over the provision and the agreement in general. Hence, hope remains.

Ultimately, though, if it wasn’t for the encouragement and support (including financial) by international institutions and western nations, it is unlikely that the initiative would have progressed this far. The United States, Europe, the World Bank and other entities must become more engaged in advancing this effort. The nations of the Nile River have made considerable progress in drafting the CFA. It would be a real shame if they could not finalize the accord and realize its potential. It would be an even bigger shame if the breakdown in negotiations escalated tensions in the region.

Posted in Africa, International Water Law, Middle East, Transboundary Rivers, Water Conflicts | Comments Off on Accord or Discord on the Nile? – Part II

Accord or Discord on the Nile? – Part I

July 26th, 2010

Its always a good day when nations come to terms over shared fresh water resources, especially in the more parched regions of the world. Hence, it was a wonderful turn of events when various news agencies (e.g., here, here, here, here, and here) reported recently that the nations of the Nile River Basin had reached an accord over the waters of one of the most disputed rivers in the world. On 14 May 2010, the countries of Ethiopia, Rwanda, Tanzania and Uganda signed the Agreement on the Nile River Basin Cooperative Framework (CFA); Kenya added its signature five days later.

To read it in the news release of the Nile Basin Initiative, a partnership created in 1999 among all of the Nile riparians minus Eritrea (which has observer status at the Initiative) to seek this very accord, readers might think that all serious controversies had been resolved by the nations that share the waters of the Nile (the five that signed the CFA plus Burundi, D.R. Congo, Egypt, Eritrea, and Sudan). Behind the veneer, though, the achievement remains hamstrung by the ages-old controversy plaguing many riverine nations on transboundary watercourses – the upstream-downstream dispute. As reported, though possibly understated, by some of the news agencies, the most downstream riparians on the Nile River are refusing to join their upstream neighbors in the agreement. Both Egypt and Sudan, who have already allocated around 90% of the Nile’s waters between themselves under a 1959 treaty (Egypt also claims a veto right over upstream hydro projects under a 1929 agreement with Britain, the region’s former colonial overseer), have raised serious objections to the new agreement.

Sudan and especially Egypt have long claimed historical rights to the waters of the Nile River based on their dozens of centuries of use and reliance on the watercourse. Their argument is grounded in the notion that older, established rights are superior to more recent claims and is akin to the prior appropriation system used in most of the western United States. Moreover, both countries are highly dependent on the Nile’s waters for maintaining their development and living standards and Egypt has raised the specter of national security as justification for defending its claims.

The difficulty with this position, at least from the perspective of the upper riparians, is that because Egypt and Sudan have made claims to the vast majority of the Nile’s waters, little is left for the peoples of the other eight nations. Moreover, international water law has tended to shun absolute claims of right and has opted for more flexible principles, such as equitable and reasonable use, which allow the possibility that nations’ rights to shared waters may be adjusted in response to changing circumstances.

Egypt, however, has also raised a more novel argument by differentiating between the Nile River and the Nile Basin. While the former carries between 90-100 billion cubic meters of water down the watercourse, the latter actually receives some 1,660 billion cubic meters of rainfall, 85 percent of which falls on the Ethiopian high plateau and the rest over the other upstream nations. Those upstream riparians, Egypt contends, should focus their efforts and claims on developing the vast volume of untapped waters that are otherwise lost to evaporation and infiltration. Notably, Egypt has offered to cooperate on and assist with such water development projects.

As it stands, five nations have signed the CFA and Burundi and DR Congo have indicated they may add their marks in the near future. Actual ratification, though, is the gold standard in international law and the CFA requires six ratifications before it can come into force. To date, none of the Nile riaprians have ratified the accord.

And, what about the accord itself?  Surprisingly, it is nowhere to be found. An extensive online search for the CFA found no direct or indirect hits (other than the news stories about the agreement). It also revealed that even the upstream nations who signed the agreement have not provided its text on their official websites. Moreover, queries to colleagues and contacts around the world, some of whom are well placed, produced nothing (well, almost – see my next IWLP blog posting).

Why would countries sign on to a new treaty, announce the event in a very public process, and then neglect to provide the text of what they agreed to? It seems a rather strange set of circumstances. Of course, this merely may be a pardonable oversight. Moreover, it may be that the text of the CFA is available elsewhere (though, none of my contacts can figure out where). Nonetheless, in this modern information age where public access is often defined by availability on the Internet (even in Africa), and where nearly every bit of text produced on Earth that is fit to print appears first on the Internet, the CFA is conspicuously absent.

The exclusion of the CFA from the public, though, is likely a function of the ongoing upstream-downstream discord that remains among the Nile’s riparians pitting Egypt and Sudan on one side and the remaining riparians on the other. Maybe the Nile Basin nations want to present a more harmonious front when revealing the treaty, or maybe they fear scrutiny of the agreement before it is finalized. Yet, agreements forged behind closed doors, even those that merely give the appearance of secrecy, often falter because of the lack of public support. And since it is the people of the Nile that are at the core of this agreement and who stand to benefit from a more cooperative sharing of the watercourse, the agreement should be made public even though it has yet to be endorsed by all of the Nile Basin governments.

To date, with one exception (by Business Daily Africa.com, which, for a business-oriented publication, offered a surprisingly rosy assessment of the accord), there has been no review or assessment of the rights and obligations that would be created under this new arrangement. Having finally procured a copy of my own, here is my brief take on the CFA.

Posted in Africa, International Water Law, Middle East, Transboundary Rivers, Water Conflicts | Comments Off on Accord or Discord on the Nile? – Part I

IWLP Blog is Back!

July 26th, 2010

Yes, it has been quite some time since I last offered my thoughts on global water issues. Suffice to say, its been a busy year. So busy, that I was completely swamped and unable to keep up with what was happening in the water world. The two major items that took up my time were a book project for the United Nations Environment Programme, and my move to another university.

The book project (which I will present in greater detail when it comes out this fall) focuses on the “greening” of water law. In essence, it addresses how and why water laws (at both the national and international levels) should become more concerned with environmental matters. Here is an excerpt from the latest draft:

People, cities, and nations worldwide are now facing growing water crises on both the human and environmental tracks. As a result, governments and decision-makers are coming under increasing pressure from civil society to institute new and innovative policies and strategies to improve the management of fresh water resources. In particular, there is a growing sense that people, communities, and nations must learn to live within the natural hydraulic constraints imposed by nature and to develop a more harmonious water relationship with the environment.

The “greening” of water law is both a theoretical and practical effort to implement that harmony through modification of the legal regime governing the management and allocation of fresh water resources. It is based on the recognition that the life and well-being of people and the natural environment are interrelated and even interdependent and that the coordination of the needs of these two water-dependent stakeholders will further the sustainable use of freshwater resources for both. It is also founded on the notion that by ensuring adequate supplies of clean fresh water for the environment, people, communities, and nations, the human condition can be enhanced through improved health and more sustainable resource exploitation and economic development.

In practical terms, the greening of water law calls for the implementation of a more holistic approach to the management of fresh water resources that integrates environmental issues into the decision-making process at both the national and international level of governance. Among other things, this means an expansion, or possibly a reinterpretation, of existing legal regimes governing water management and allocation to encompass all hydraulically related water resources. It also entails implementing laws and regulations that take into account the impacts on the natural environment generally, and water resources specifically, arising from water-related decision-making, including water use administration, pollution management, and resource allocation and exploitation.

The book is scheduled to be released in early September at the Stockholm World Water Week. Stay tuned for more on this development.

As for the second time-killer, earlier this year, I decided to leave Texas Tech University (TTU) where I had spent most of the last seven years. As I noted to my TTU colleagues in a departing email, “To say that Texas Tech launched my career is not an exaggeration. The opportunities that this institution has afforded me are innumerable and their value incalculable.” TTU is a wonderful institution and I will very much miss the camaraderie and support that I found there.

But I am also looking forward to my new home institution, Texas Wesleyan University in Fort Worth, TX. Texas Wesleyan is a fine academic institution with a vibrant faculty and student body and I am excited about this next stage of my life.

Of course, the IWLP blog continues. Look for my take in my next posting on a new Nile River Basin agreement that was recently signed by half of riparians on that watercourse.

Posted in Blog Administrative | Comments Off on IWLP Blog is Back!

Transboundary Aquifers International Conference in Paris 6-8 December 2010

November 3rd, 2009

UNESCO’s International Hydrological Programme just issued an announcement for and call for papers to ISARM2010 International Conference: “Transboundary Aquifers: Challenges and New Directions.” The Conference will take place in Paris on 6-8 December 2010 and will mark the end of the first phase of the ISARM Programme and the start of its second phase. ISARM refers to Internationally Shared Aquifer Resources Management, a joint project of UNESCO-IHP and the International Association of Hydrogeologists. The preliminary conference brochure can be downloaded here. I will be serving on the Scientific Advisory Committee.

Posted in Transboundary Aquifers, Water Events | Comments Off on Transboundary Aquifers International Conference in Paris 6-8 December 2010

Radio Broadcast of Presentation: “Scarcity, Conflict, & Security: The Future of Water for Israel & Her Neighbors”

October 5th, 2009

A few months ago, I was invited to give a talk to the Jewish Federation of Greater Portland on Scarcity, Conflict, & Security: The Future of Water for Israel & Her Neighbors. A flyer on the program can be found here. A local radio station – KBOO FM – recorded the presentation and, supplemented with a follow up phone interview, have presented extended excerpts on their Shalom Portland radio show. The 35 minute broadcast can be heard via Shalom Portland website (under the audio tab) as well as here.

In this presentation, I focused on the resources available to both Israelis and Palestinians and the difficulties that such scarcity creates for the region. I also offered a brief discussion on possible mechanisms for enhancing the availability of water resources for both peoples. In addition, I discussed my brief role in track II negotiations over transboundary fresh water resources between civil society representatives from both sides. Those negotiations, held in Maryland last year, were arranged under the auspices of the Geneva Initiative, which recently released their complete model Israeli-Palestinian Peace Agreement. The GI’s model agreement incorporates annexes on all of the major issues dividing the two parties, including the one on shared water resources. You can find my comments on that annex here.

Posted in Middle East, Water Conflicts | Comments Off on Radio Broadcast of Presentation: “Scarcity, Conflict, & Security: The Future of Water for Israel & Her Neighbors”

Geneva Initiative Releases Water Annex to Model Israel-Palestinian Peace Agreement

September 16th, 2009

Yesterday, September 15, 2009, the Geneva Initiative released its long-awaited Annexes to its Model Israeli-Palestinian Peace Agreement. Among the various annexes was one pertaining to water. While not the most legally artful agreement, the accord is a remarkable and positive development in the pursuit of peace between the two peoples.

Among the more interesting points is the recognition by both parties that they both possess rights to water in water resources that traverse their political boundaries. This includes the Mountain aquifer and its various sub-basins, the Coastal Aquifer, the Jordan River, and the Dead Sea.  This point has been a particularly important issue for the Palestinians who strive for nationhood and the respect due a sovereign people.  A related and equally crucial issue for the Palestinians is the acknowledgment in the accord by Israel that a “just and rightful” allocation of water between the two peoples requires a “re-division” of shared water resources in favor of the Palestinians. The Palestinians have long claimed that Israel has taken more than its fair share and ignored the Palestinians’ rights to the water in the region.

In response, Israel’s concerns about the contamination of its water supply are partly addressed in the provisions related to both parties’ obligation to void causing significant transboundary harm via shared waters. The definition afforded to the term “harm” in this provision is rather broad in scope and encompasses detrimental effects not only to people and property, but also to the natural environment. Israel has voiced considerable misgivings about the Palestinian’s ability to manage wastewater and other pollutants in the highlands of the West Bank (part of the presumptive Palestinian State).  This region is the recharge area for the Mountain Aquifer and any inflow of pollutants (which is already occurring to some extent) threatens Israel’s water supply in the lower reaches of the aquifer below Israel proper.

One other noteworthy provision in the Water Annex is the creation of a Joint Water Commission, which in its initial stage, would have some authority to adjust water allocations between the two states in response to “significant hydrologic and climatic changes.” What this may mean in practice remains to be seen, however, the creation of a joint commission composed of three representatives from each side with a voting “neutral chairman of another nationality” suggests a serious desire to develop a fair mechanism for cooperative water management and allocation.

Although a full analysis of the annex is beyond the scope of this simple posting, it suffices to say that the accord is a positive development in the search for peace in the region. That is not to say that the Water Annex (as well as some of the others) is not fraught with problems.  In fact, there are numerous inconsistencies and amalgamation of disparate concepts that will require refinement, harmonization and clarification.

Nonetheless, the document and the entire model agreement signal a willingness to compromise by both sides, at least on the part of civil society. As with all of the annexes spearheaded by the Geneva Initiative, this document is the product of negotiations by Israeli and Palestinian civil society members (rather than politicians or diplomats), every day people who were fed up with the unending stalemate at the official levels. By sidestepping the political process, they sought to avoid the rhetoric and seek a compromise in the spirit of fairness and mutual respect. Their efforts deserve recognition not only by the press, but also by their fellow citizens and elected representatives on both sides.

I must note that I had the honor of serving as one of a number of neutral advisers in the initial negotiations of what became the Water Annex. In addition, while all those involved in the development of this model water accord should be commended for their efforts, it is noteworthy that the Annex was prepared in memory of Palestinian, Dr. Fadia Daibes Murad. It is truly a fitting tribute to her efforts.

Posted in International Water Law, Middle East, Water Conflicts | Comments Off on Geneva Initiative Releases Water Annex to Model Israel-Palestinian Peace Agreement

Why do so many governments oppose a human right to water?

August 3rd, 2009

The voices championing a human right to water seem to be getting louder, and many national governments are being openly chastised for a lack of leadership, vision, and responsibility (see, e.g., PLOS Medicine’s editorial declaring “Clean Water Should Be Recognized as a Human Right”; the Pacific Institute’s Peter Gleick’s article on The Human Right to Water; Maude Barlow’s “A UN Convention on the Right to Water An Idea Whose Time Has Come”). At the World Water Forum held this past March in Turkey, for example, more than 20 countries challenged the Ministerial Declaration for failing to define water as a human right and opting instead to describe water as a human need (see Council of Canadian press release). Yet, countries like the United States are holding steadfast that “there is at present no internationally agreed right to water or human right to water, and there is no consensus on what such a right would encompass” (see ENN Article).

 

Why do governments – such as those of the United States, the European Union, Brazil, Canada, and Egypt (see ENN Article) – oppose the notion of a human right to water? What is it about such a right that contravenes so many countries’ national interests?

 

Is it a concern that fresh water resources would be squandered under governmental control, or the corollary ideology that the private sector could provide water to the masses more effectively than any governmental scheme? This is the justification espoused by many non-governmental opponents of the human right to water who typically commend the virtues of the free market and private sector for managing the world’s fresh water resources (see, e.g., the work of Fredrik Segerfeldt here and here, articles in The Economist here and here, and an article by Fortune Magazine’s Marc Gunther writing for The Huffington Post here).

 

According to the US position:

“Establishing an international right to anything raises a number of complicated issues regarding the nature of that right, how that right would be enforced, and which parties would bear responsibility for ensuring these rights are met … To date, there have been no formal intergovernmental discussions on these issues. It would therefore be premature to agree to such a right” (see ENN Article).

 

To a large extent, this sounds more of an academic or procedural debate rather than a substantive national concern. And as strenuously as it is asserted by countries like the US, its tone rings more of pretext rather than of meaningful explanation.

 

While there is much to be said about pursuing the formalities of international law, I suspect that governmental trepidation over a human right to water is based on a more elemental concern. Nations and governments are likely troubled by the responsibility and liability that would be associated with a human right to water. In other words, they are afraid to fail; afraid of being accountable if they fall short of the obligation that would accompany a right to water. Given the enormity of the problem, though, that may be an understandable concern. According to a 2008 report by the World Health Organization (WHO) and the UN Children’s Fund (UNICEF), there are some 884 million people globally without access to clean drinking water and more than 2.5 billion who lack access to minimal sanitation services, all of which results in millions of deaths every year directly attributable to these deficiencies. These are staggering numbers, numbers that many governments might want to sweep under the rug. And the US is no exception – in 2000, there were nearly two million people without access to basic water and sanitation services (see the report by the Rural Community Assistance Partnership).

 

The concern, however, is probably also propelled by the projected costs associated with ensuring clean and safe water for everyone globally. According to a study in the WHO’s Bulletin, the cost of attaining the Millennium Development Goals (adopted in 2000) for water and sanitation (to “halve by 2015 the proportion of people without sustainable access to safe drinking water and basic sanitation”) would require the world community to invest some US$70 billion annually between 2005 and 2014. Considering the principle of diminishing marginal returns, the cost of guaranteeing clean and safe water for everyone on the planet would likely be far more than double that figure.

 

Recognizing and ensuring a right to water will certainly not be an easy undertaking.  There are likely to be considerable social and political costs, as well as economic ones. Nonetheless, upholding a human right to water may actually be in the best interests of nations and governments around the world. As an issue of responsibility, many nations – in both the developed and developing worlds – already guarantee human, civil, and social rights and entitlements that impose considerable obligations on their governments, from public health guarantees to worker protections to lifeline utility rates. And all too often, these nations (including those in Europe and the United States) find themselves short of the mark. Yet, these regimes face their failures, often by the strength of their citizenry, and they endure. And in the ultimate calculus of social development, they are better off for it, for that is the essence of democracy.

 

Moreover, implementing and enforcing a human right to water could actually yield considerable economic advantages. According to Ms. Catarina de Albuquerque, the UN Independent Expert on the issue of human rights obligations attached to access to safe drinking water and sanitation, the return on investments in proper sanitation alone may be as high as 9 to 1 (see statement of de Albuquerque). These include benefits associated with improved human health and reduced public health care expenses, improved worker productivity, and more stable markets. A similar appraisal of expanding fresh water availability to those without would likely reveal analogous returns on investment.

 

Although the notion of a human right to water seems so fundamental and instinctive, the fact that we debate its existence often seems inimical to our own existence. Yet, in most of our communities and nations, we consider life extraordinary and deserving of protection, at least from the vagaries of human action. If each human life is so singular and so vital, the debate over the human right to water should focus on how best to achieve the right rather than on the fallibility of government to succeed in its implementation; it should address the issues of costs and compliance with such a right rather than its theoretical existence or absence; it should consider the implications of a right to water for countries’ national interests and objectives rather than the niceties of international law.

 

While certainly a cliché, water truly is life. For without water, life as we know it cannot exist. It is time that governments and nations reassess their national interests, face their responsibilities to their peoples, and think seriously about a human right to water.

 

See also my prior post on Water Marketing v. Human Rights.

Posted in Human Rights, Water and Economics | 11 Comments »

Terry Spragg Comments on Water, Peace and the Middle East

July 29th, 2009

Terry Spragg, inventor of the Spraggbag, sent me an e-mail responding to my previous posting on Water, Peace and the Middle East. I thought it worth sharing.

 

Dear Gabriel,

 

Using waterbag technology to transport Turkish water to Israel and Palestine can eliminate many of the political and economic issues raised in your recent editorial, and by Dr. Shuval, in your comments on the excellent NEW YORK TIMES editorial, “Water for Peace” (July 13, 2009) written by Stanley Weiss.

 

(Your readers can visit YouTube and insert the words, “Spragg Bag” in the selection box to see a video of television news coverage of a demonstration of this technology, or link to www.waterbag.com for photos and more information.  For more a more detailed analysis of the economic and political possibilities that will result from a successful waterbag operation in the Middle East, your readers may want to read the selections from the novel, WATER, WAR AND PEACE, that appear on this website.)

 

“Spragg Bag” technology can be visualized as a modular fabric pipeline that can easily and inexpensively move large quantities of water through the ocean in an environmentally safe manner, using large waterbags connected together in long waterbag trains with the world’s strongest zipper.  Waterbag economics are easy to calculate.  Waterbag technology is easy to demonstrate.  It is the politics of waterbag technology that is the most difficult issue that needs to be addressed.

 

As Prime Minister Netanyahu has correctly analyzed, Peace will not come to the Middle East without the development of a viable Palestinian economy.

 

A viable Palestinian economy cannot be developed without a reliable and economic water supply.

 

Transporting Turkish water to Israel and Palestine using waterbag technology is the least expensive and most politically viable way to develop a new water supply for the region.

 

This is an easy and inexpensive theory to demonstrate and calculate.

 

Dr. Shuval’s $0.50/m3 cost for desalinated water produced at the Ashkelon plant does not include capital costs, which would almost double this $0.50/m3 cost for desalinated water.  An email from Saul Arlosoroff (Director of Mekorot and Chairman of its Finance/Economic Committee) to David Brooks (Friends of the Earth, Canada) confirms this statement.  The Ashkelon plant received special financing considerations and natural gas concessions which are not available for the development of the new desalination plants currently under construction and being proposed in Israel.

 

Using Dr. Shuval’s economics, waterbag technology could deliver water from Turkey to Israel and Palestine in the $0.30/m3 to $0.40/m3 range.

 

Israel would prefer not to rely on Turkey as a source for some of its water supply.  All nations would like to be water independent.  However, military and trade relations between Turkey and Israel remain strong (setting aside the brief discussion between Erdogan and Peres at the recent World Water Forum in Israel).

 

Israel transports most of its energy from sources outside its boundaries using the seas.  Water transports using the seas should be no different.  The United States seems to be willing to protect Israel’s energy supplies.   Protecting Israel’s water supplies should be no different.

 

Israel proposes to build desalination plants to produce water for the Palestinians.  If the Palestinians are expected to rely on Israel for the development of a new water supply it would seem that Israel should be comfortable in relying on an outside source for a portion of its water supply. 

 

Waterbags delivered directly to the Palestinians can avoid this dependency issue.  The United States should commit to defending both these water supply transport systems in the name of national security.

 

Israel can use shipments of Turkish water directly to the Palestinians as a test case for Israel’s analysis of the economic and technical reliability of waterbag technology before it makes a commitment to purchase Turkish water.

 

The Palestinian concern that by accepting water from another source before it resolves its dispute with Israel over control of the West Bank and Gaza aquifers can be put to rest by using waterbag technology.  Israel should agree that transporting Turkish water to Palestine is only a test case to prove the economic and technical reliability of waterbag technology for both parties.  The acceptance of Turkish water by the Palestinians should have no relationship to the current dispute between the Israelis and the Palestinians over the water in the West Bank and Gaza aquifers.

 

As the drought in the Middle East continues this argument should gain more acceptance by both parties.

 

Past failures of waterbag technology can easily be overcome by implementing a demonstration voyage of “Spragg Bag” technology between Turkey and Israel.  This demonstration voyage plan has been presented by Gershon Baskin (co-founder [1988] of the Israel-Palestine Center for Research and Information [IPCRI], and a representative of Spragg & Associates) to various Israeli, Turkish, Palestinian, Jordanian and American government and business representatives.  If the political leaders in the region will publically announce their support for a demonstration of “Spragg Bag” technology in the Middle East to the media, then a demonstration of this technology should be able to be implemented with ZERO COST to the region’s governments.

 

Stanley Weiss is 100% correct in calling for the United States to take a leadership role in helping to develop a secure water supply for the Israelis and the Palestinians.  Water is becoming the most critical national security issue facing the nations of the Middle East, and therefore a critical national security issue for the United States.

 

The insidious nature of drought in the Middle East poses a major challenge for America’s security interests throughout the region.  American political and business leaders must be wise enough to anticipate these events.

 

As the drought in the Middle East continues, and recognizing that water may become the most explosive issue to be faced between the Israelis and the Palestinians, perhaps the Business Executives for National Security, lead by Stanley Weiss, will be able to take an active leadership role in gaining America’s political and technical support for demonstrating how water can be transported as a tool for helping to bring “Water for Peace” in the Middle East.

 

Terry also sent me a number of documents related to his comments. These include:

·         a letter from Israeli President, Shimon Peres to Terry;

·         a letter from research engineer, Cliff Goudey, of the MIT Sea Grant College Program to Terry regarding the control and stability of navigating such large bags across oceans;

·         a number of press clipping on the possible transport of water from Turkey to Israel and the Palestinian Territories; and

·         an e-mail from IPCRI’s Gershon Baskin to Terry discussing his July 2008 meeting with the Head of the Palestinian Water Authority, Dr. Shaddad Atilli.

Posted in Middle East, Water Crisis | 7 Comments »

Water, Peace and the Middle East

July 23rd, 2009

In a recent New York Times Op-Ed, Stanley A. Weiss offers a grave perspective of the water situation in the Middle East. He writes that “the region is headed toward a water calamity that could overwhelm all efforts at peace.” Ominous words, but sadly, true.

Weiss, however, also offers a prescription for averting the tragedy.  Among his recommendations, water-rich Turkey should become a purveyor for the parched nations of the Middle East, including Israel, Jordan, Syria, the future Palestine, and possibly others. While such solutions have been proffered in the past, couched in the language of “peace pipeline” and “water plan for peace,” the politics of the region have always thwarted their realization. My sense is that they will continue to do so into the future.

While Turkey does have prodigious amounts of water in relation to its land area and population, and certainly in comparison with its neighbors in the Middle East, transporting water from Turkey to where it is needed will require negotiations of Herculean proportion. As Weiss notes, a water carrier from Turkey will have to run through Syria and possibly Lebanon. Unfortunately, neither of these nations is known for their stability or international cooperation.  In particular, the ongoing tensions between Syria and Lebanon (e.g., over the murder of Former Prime Minister Hariri), Syria and Israel (e.g., over the Golan Heights), Lebanon and Israel (e.g., over Israel’s 2006 conflict with Hezbollah), and Israel and the Palestinians (e.g., over security, human rights, and independence) make any cooperation over water seem illusory.

Yet, it must be stated that the reason that such a scheme is unlikely to materialize anytime soon is not just because of regional politics. It is also due to a historically ingrained lack of trust among the region’s countries. In order to implement the Turkish water solution, the nations of the Middle East would have to become comfortable being dependent on Turkey having ultimate control over an indispensible resource. Iraq’s and Syria’s ongoing water relations with Turkey suggest anything but comfort with Turkey’s management of the Euphrates and Tigris Rivers (see my prior post). Similarly, given the route of the water carrier, some nations would also have to be reliant on the amiability of countries in whose territory the carrier would run.

It has been said multiple times: water is life. Without it, life ceases to exist. Hence, the question: what country would willingly place its life, its peoples’ lives, in the hands of a neighbor, especially one who may be unfriendly? I suppose nations in Europe and North America might be more inclined to accept such a precarious situation in order to ensure their water supply. These, though, are nations with a history of cooperation over security, shared resources, migration, and other issues. I have my doubts, however, about the nations of the Middle East. With their long record of enmity and conflict, any accord that creates dependency would necessitate a significant calamity (such as widespread famine), immense international pressure, or some advantage that the subordinate State could not refuse (no, I cannot think of any examples).

Pessimism aside, Weiss’ other recommendations do hit the mark. Israel should be convinced to share its water expertise and technology with its Arab neighbors. Israel has long been a leader in water management techniques and technology and such an overture would not only help alleviate water scarcity problems in the region, but also serve as a basis for further cooperative opportunities. The U.N. also should mobilize a global effort to improve desalination efforts to make them less expensive, less energy intensive, and more environmentally friendly. Lastly, a new effort on water management should be brokered between Israel and the Palestinian Authority to replace the failed Joint Water Committee.

In addition, though, steps must be taken to overcome the inherent lack of trust shared by the region’s nations as it relates to fresh water. Specifically, Europe and the U.S. should embark on a new strategy with Israel and the Palestinian Authority, and with any other nation in the region willing to exchange peace for water, for a comprehensive plan for water management and provision. Such a plan should have two main tenets.

First, the plan should be based on the undeniable reality that there just is not enough water in the Middle East to support everyone’s population, developmental, and environmental needs. There is a dire need to develop new sources of freshwater through desalination of sea water and brackish aquifers, treatment and reuse of grey water (non-industrial wastewater generated from domestic processes), and the capturing of rain and flood waters that otherwise go unused. Hence, a key aspect of the plan would be to generate financial, technical, and management support from Europe, the U.S., and elsewhere to pursue these new water opportunities. It would also involve assistance in developing the necessary infrastructure needed to deliver the water to where it is needed.

The plan also would be founded on the principle that, to the extent possible, no nation should have the ability to control the flow of water into another nation. While the elimination of all control factors is likely unattainable, the reduction of some measure of countries’ dependence on water resources originating or flowing from neighboring states will go a long way to lessening both water stress and political tensions. This principle would be implemented through two alternate but not mutually exclusive approaches. The first approach is through the creation of bilateral or multilateral water management and allocation institutions that have some degree of independence in their operation. Existing institutions that might be look to as models include, among others, the Mexico-US International Boundary and Water Commission, the Franko-Swiss Genevese Aquifer Management Commission, and the Council of Ministers and High Commission of the Organization for the Development of the Senegal River. Preferably as a complementary approach, but possibly as an alternative approach if the institutional strategy is deemed unworkable, the second tactic would pursue the augmentation of local water opportunities in each country as well as the reassessment of access points and allocations of transboundary waters to provide each nation with enhanced water security. For example, desalination on the Israeli Mediterranean coast would be expanded to benefit Israel in exchange for the Palestinians receiving a greater share of the Mountain Aquifer in the West Bank. A similar approach could be employed between Israel and Jordan on the Jordan River.

Weiss’ warning of the coming “water calamity” in the Middle East cannot be overstated. Water is a life issue. But, it is also subject to political, economic, and security concerns, climatic variability, and a host of societal, national, and international interests that threaten to overwhelm any effort to achieve a lasting peace in the region. Although water could certainly serve as a basis for peace in the Middle East, success will hinge on generating a level of trust and cooperation that has yet to be seen in the region.


As Featured On EzineArticles

Posted in Middle East, Water Crisis | 3 Comments »