Business and human rights and the right to water.

Author:Gaughran, Audrey
Position::THE EMERGENCE OF A HUMAN RIGHT TO WATER AND SANITATION: THE MANY CHALLENGES
 
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On September 30, 2010, the UN Human Rights Council affirmed that the human right to water and sanitation is legally binding. The Council stated that the right to water and sanitation is derived from the right to an adequate standard of living, which is recognized in several international treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the UN Convention on the Rights of the Child.

In June 2011 the Human Rights Council endorsed the Guiding Principles on Business and Human Rights. These principles outline how states and businesses should implement the UN "Protect, Respect and Remedy" Framework on Business and Human Rights, which aims at preventing and redressing business-related human rights abuses. The Framework comprises three principles: the state duty to protect in the context of corporate human rights abuses; the corporate responsibility to respect all human rights; and access to remedies for victims of abuses.

The corporate responsibility to respect all human rights is described as a "minimum standard" for business, but it is not a legal one. While providing valuable guidance to companies that are willing to take it on board, the Guiding Principles on the corporate responsibility to respect do not speak to those companies that are simply not interested in ensuring that their operations respect human rights, or those companies that have yet to engage with the issues at all. Unfortunately, these remain the majority. Therefore, when it comes to human rights, only an effective and faithful discharge by states of their legal duty to protect rights will have any significant impact.

Turning specifically to the human right to water, I note that business can have a significant impact on the right to water. This impact occurs in three principle contexts:

* where business is involved in the provision of water services

* where business is a user of water--and particularly where water is a limited resource and business is competing with other users

* where business activities that are unrelated to water per se have an impact on water sources (for example, where industry causes pollution of water systems).

My remarks will focus on the third context, in particular, one case: the Niger Delta, where, since 2008, Amnesty International has researched violations of economic, social, and cultural rights as a consequence of oil extraction.

The Niger Delta is one of the ten most important wetland and coastal...

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