Watering Down Indigenous Peoples’ Rights…Delineating a Human Right to Water for Indigenous peoples?

Daphina Misiedjan d.j.e.misiedjan@uu.nl

Research question

What are the advantages and disadvantages of the human right to water for indigenous peoples compared to the existing indigenous peoples’ rights to water under international law?

Program

1. Context 2. Research question 3. Human right to water

- International Covenant on Economic, Social and Cultural Rights 4. Indigenous right to water as a resource

- UN Declaration on Rights of Indigenous Peoples - ILO Convention No. 169

5. Overview 6. Conclusion

Characteristics

• Content of the right • Status (legally binding or not) • Complaint mechanism • Support

Human right to water (GC No. 15)

The human right to water entitles everyone to (1) sufficient, (2) safe, (3) acceptable, (4)

physically accessible and (5) affordable water for (a) personal and (b) domestic uses.

Human right to water (GC No. 15)

The human right to water entitles everyone to (1) sufficient, (2) safe, (3) acceptable, (4) physically accessible and (5) affordable water for (a) personal and (b)

domestic uses.

Human right to water (GC No. 15)

Indigenous peoples’ access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water

Human right to water (GC Comment No. 15)

• ICESCR is legally binding however GC No. 15 is not legally binding, but an authoritative interpretation

• Complaint procedure: individual & group complaints

• 160 state parties

UN Declaration on the Rights of Indigenous Peoples (I)• Indigenous access, conservation and economic development of

water

• A right to preserve the distinctive Indigenous relationship with ‘traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas’

• The right to conservation and protection of Indigenous lands • The right to development for all Indigenous lands and resources

including water

UN Declaration on the Rights of Indigenous Peoples (II)• Not legally binding

• No complaint procedure

• 144 States

ILO Convention no. 169 (I)• Indigenous peoples have the right to enjoy the full measure of

human rights and fundamental freedoms without hindrance or discrimination

• The right to self-determination and to decide priorities for their process of development and the lands they occupy or otherwise use

ILO Convention no. 169 (I)

• Legally binding

• No complaint procedure

• 20 state parties

Content Status Complaint mechanism

Support

ILO - + - -

UNDRIP - - - +

Human right to water

+ +/- + +/-

Human right to water (GC Comment No. 15)

Positive • Quality requirements

• Helps cover all aspects

• Complaint mechanism for individuals and groups

Negative • Individual right

• Interpretation is non-binding

• Scattered coverage of rights

Conclusion

Watering Down Indigenous Peoples’ Rights…Delineating a Human Right to Water for Indigenous peoples?

Daphina Misiedjan d.j.e.misiedjan@uu.nl