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  • Water. It's vital for all life. So, who owns it?

  • Some of the answers to that might surprise you.

  • We'll explain how, despite the different ways water is controlled,

  • the law can help you.

  • Should companies profit from something we all need?

  • And... big trouble: how water ownership

  • nearly brought down a government.

  • Can water be owned? It falls from the sky,

  • so should it be free for all?

  • And if we all need it to live,

  • shouldn't the law make sure that no one can stop us from having it?

  • Lots of international agreements recognise how important it is.

  • The United Nations says all its member states have to make sure

  • vulnerable people have access to drinking water.

  • And, in lots of cases, countries own it

  • sharing it out among the people who live there.

  • So, why do we often have to pay for it?

  • Private water companies often own the things that bring water to you:

  • pipes, pumps and dams. So, they can charge for it.

  • And sometimes, if a river starts in one country but goes through another,

  • they can argue about whose water it is.

  • So, how does the law keep us all supplied with water?

  • Amanda Loeffen, from the campaigning organisation Human Right to Water,

  • explained which big international laws protect your access to water.

  • Well, the original Declaration on Human Rights,

  • after the Second World War,

  • didn't explicitly mention the right to water

  • but it is included in a lot of the more recent treaties,

  • especially in general... General Comment Number 15, in 2003,

  • which was the specifically on water and sanitation,

  • and in some of the other recent treaties,

  • like the ones on the rights of the child,

  • persons with disabilities and non-discrimination against women.

  • And those include clauses that address water and sanitation directly.

  • A right to water wasn't in the original human rights declaration,

  • but it has been put in more recent agreements.

  • General Comment 15 recognised the right to water

  • in 2003 at the United Nations.

  • So, what gets in the way of giving everyone access to water?

  • Land rights and property rights often make access to water more difficult,

  • and the rights... water... onto the use of water

  • is often tied to the ownership of the land.

  • This is particularly relevant for people that live in informal settlements

  • or that have used the land for...

  • for a long time, but don't actually own it.

  • Getting access to water can be made difficult by land ownership rules:

  • if you don't own the land the water is on,

  • it's harder to get the water you need.

  • Amanda explained what to do if you had a problem getting water.

  • Well, the first thing you would do is to see whether or not

  • there is a national law that states that you have the right to water,

  • or that your particular problem is dealt with in national law,

  • in which case you can potentially take it to a court of law.

  • But I think for most people,

  • that's a little bit outside of their ability or budget

  • and so it's much easier for them if they approach their local ombudsman

  • or national human rights institution, whose job is to help them.

  • Going to court can be expensive.

  • Amanda says you should go to an ombudsman

  • an official who looks at complaints

  • or a national human rights organisation.

  • So, is the law enough on its own to protect your right to water.

  • There also needs to be a system to make sure that it's complied with.

  • So, just because it's written in law

  • doesn't mean that it exists in practice,

  • so there needs to be monitoring

  • and tracking to make sure that people still have access to those services.

  • Although laws exist to make sure we get water,

  • we need people to check that laws are being followed

  • and people are getting access.

  • We should all be provided with water, thanks to major international laws.

  • Getting people the water they need

  • should be a priority for any government.

  • But the ways in which water is owned

  • can sometimes threaten governments themselves.

  • The Bolivian city of Cochabamba:

  • in the late 20th century, it was affected by water shortages.

  • Many poor residents didn't have a connection to the water network.

  • The government signed a deal with Aguas del Tunari

  • of International Water Limited.

  • The group agreed to supply the city with water.

  • But then prices went up and violent protests broke out.

  • Demonstrations got so bad that they were called the Water War.

  • Eventually, the deal with Aguas del Tunari was abandoned

  • and the water supply was returned to the public

  • with little improvement.

  • Still in South America: Peru.

  • Most of its rain falls into the Amazon,

  • but most people live in coastal cities.

  • And the Andes mountain range separates the water from the people.

  • So, the water that is available needs to be carefully managed

  • to make sure everyone gets some.

  • Here, the water belongs to the state.

  • In this system, your responsibility

  • to use the water properly is really important.

  • An ideal water citizen takes care of the water,

  • uses it efficiently, does not spill it,

  • and pays for the right to use the water.

  • But does that mean that if you don't own the water,

  • you might not get the water you need?

  • Maude Barlow, a water rights campaigner,

  • explained how national and international law work with water

  • and which was most important.

  • No, there's no international law that overrules

  • a nation state's right to water

  • to guide its own water laws.

  • There are trade agreements that have investor-state rights in them,

  • and that gives corporations the right to sue governments,

  • so that gives corporationskind of...

  • a leg up, if you will, on... on governments.

  • But, no, there's...

  • it's very hard to tell governments how they should govern

  • their environmental responsibilities.

  • There is no international law that overrules a national law on water.

  • Maude says it's very hard to tell governments how to be responsible.

  • She explained how companies have been able to get control of water

  • even though it's a human right.

  • Well, that's the problem of course, because a lot of this was done

  • before there was the concept of the human right to water,

  • and in the end governments are responsible for looking after

  • the water rights of their citizens.

  • But you do get countriesAustralia, Chile, parts of the United States

  • that actually separate water from land and sell it to developers,

  • to private interests and to investors, and that's a huge problem.

  • Many deals between companies and countries on water ownership

  • were set up before water was recognised as a human right.

  • So, if a company raises their water prices,

  • is there anything you can do legally to get help?

  • This is a problem... when a private company gets a hold of water

  • either a municipal water service, like your drinking water, your waste water,

  • and there are many, many private companies running these services

  • they sign a contract with the government saying

  • this is, you know, what we'll charge.

  • But then they put the rates up and they say to the government

  • we have no choice. We can show you study, after study, after study

  • that shows private companies charge way more money

  • for water services than... than public agencies or governments.

  • Maude is saying that private companies charge more for water

  • than governments do, and they're allowed to raise their prices.

  • So, is international law flexible enough

  • to deal with different systems of water ownership around the world?

  • No, international law is not flexible enough to deal with

  • the individual countries and nation states.

  • They do... they make their own laws.

  • When the governments come together to sign a treaty,

  • it's kind of a gentleperson's agreement, if you will:

  • you're agreeing to the concept.

  • But... you know, you might have a change of government to something

  • that is fairly progressive to something much more right-wing,

  • and they're saying to heck with any agreement.

  • In Maude's opinion, international law is not flexible enough

  • to deal with the different systems countries have for water ownership.

  • International law might struggle to force countries

  • to directly provide water to their people.

  • But there are laws that can help, like our basic human rights.

  • And there are people fighting to make sure that those laws are followed.

Water. It's vital for all life. So, who owns it?

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