Law campaign
Right to water
Oli Md. Abdullah Chowdhury
PEOPLE cannot live without water, and the daily toil involved in fetching it is a defining feature of poverty. Access to water is a human right and the cornerstone of development, underpinning every single one of the millennium development goals (MDGs). According to UNICEF only 80 per cent of the population in Bangladesh have access to safe drinking water. With the construction of Tipaimukh dam, there are wide-spread speculations that access to water would be further restricted in a large part of Bangladesh. Environmental experts are also apprehending devastating effect on the environment in various parts of Bangladesh and India.
Water and international human rights conventions
It has been stated in Article 12 of International Covenant on Economic, Social and Cultural Rights (ICESCR), “The States Parties to the present Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” In 2000, the supervisory body of United Nations Committee on Economic, Social and Cultural Rights interpreted that the right to health includes access to safe drinking water and adequate sanitation.
Moreover, the Committee further recognised water itself as an independent right later in 2002. Drawing attention on a range of international treaties and declarations, it stated: “the right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival.”
Furthermore, it has been stated in Article 14 (2h) of CEDAW, 'States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.” Both Bangladesh and India are parties to these international covenants and owe a responsibility to observe the endowed obligations.
Governmental obligations with regard to human rights can broadly be categorised as obligations to respect, protect, and fulfil. The obligation to respect requires that States Parties (that is, governments ratifying the treaty) refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation to protect requires that States Parties also prevent third parties from interfering in any way with the enjoyment of the right to water. The obligation to fulfil requires that States Parties adopt the necessary measures to achieve the full realization of the right to water.
MDG and Water
The Millennium Development Goals (MDGs) are eight goals to be achieved by 2015 that correspond to the world's main development challenges. The eight MDGs break down into 21 quantifiable targets that are measured by 60 indicators. One of the MDGs is ensuring environmental sustainability. Target 7c of MDGs is to reduce by half the proportion of people without sustainable access to safe drinking water and basic sanitation. According to the report of UK Department for International Development (DFID), one in five South Asians (about 600 million people) still do not have access to safe drinking water.
Tipaimukh dam and the purpose
According to the website (http://www.neepco.gov.in/TpmHEP.html) of Indian government on Tipaimukh, the hydroelectric project would not only generate power, but also contribute in solving flood problems in the Barak valley in the State of Assam. As a result, fertile land in the plain shall become rice bound for entire north east part of India.
There are many controversies relating to Tipaimukh. However, adverse effects of the Tipaimukh dam may be staggeringly devastating and damaging for Bangladesh. Environmental degradation, economic crisis and hydrological drought will cause irreversible damage, particularly in the Sylhet region. Moreover, people living in Meghna basin would be affected largely. Tipaimukh is an impending threat to right to water hence existence of the large people of Bangladesh.
Engaging in dialogue
South Asia Water Initiative (SAWI) involves seven countries that share the waters draining from the Greater Himalayas. The countries are Afghanistan, Bangladesh, Bhutan, China, India, Nepal and Pakistan. SAWI is facilitated by the World Bank, and the primary aim is to encourage cooperative management of shared waters, which will in turn promote poverty reduction, low carbon growth and regional stability. DFID provided funding for this initiative and a forum like this could also help in solving the problem related to Tipaimukh dam. Sharing of water of Indus basin was negotiated between India and Pakistan with the assistance of the World Bank. Bangladesh should involve bi-lateral and multi-lateral agencies including UN in this negotiation process as well.
Conclusion
To recapitulate, involvement of the people of Bangladesh is of paramount importance in dealing with the issue of the dam. There had been an editorial published in The Daily Star (June 18, 2009) on fact-finding delegation to Tipaimukh; it pins down the need of providing adequate information to the people regarding the dam. In establishing the rights of people to water, there is no other alternative.
Oli Md. Abdullah Chowdhury is a human rights worker.
