|
The closing date for submissions to the Human Rights Consultation process established by the Federal Government is June 15th 2009.
The following is a draft of a submission prepared by the Australian Water Network, in consultation with FWU. We encourage all supporters to submit their concerns with respect to Australia's water future, via this [LINK]
RATIONALE FOR INCLUSION OF REFERENCE TO RIGHT TO WATER WITHIN A PROPOSED BILL OF RIGHTS.
The United Nations Committee on Economic, Social and Cultural Rights in its 22 May, 2009 report expressed concern about the negative impact of climate change on the right to an adequate standard of living, including on the right to water, affecting in particular indigenous peoples, in spite of the State Party’s recognition of the challenges imposed by climate change.
“It needs to the recognised that sooner or later the Federal Government will need to (or be forced to) take on the role of conservator and distributor of water without fear of favour. Corrupt and parochial state and local governments can have no part in such undertakings and neither can cashed up private companies who have shown an inclination to feed corruption for their own ends”. (Bruce Haig and Kellie Tranter. courtesy ABC Online, May 27, 2009)
“National Water Plans and Senate Inquiries offer little hope of prescribing the empirical rethink that is manifestly required. The implications of "getting it wrong" are quite simply too momentous to leave the task in the hands of those who happen to be charged with governmental responsibility at this time” (Ian Douglas, Fair Water Use (Australia): courtesy ABC Online, Sept 16, 2008)
In his concluding notes on the Right to a Pristine Environment, (Statute of Liberty pp 205/6, Geoffrey Robertson says,’ there are repeated references in international treaties and resolutions to the human right to a healthy environment. It has been recognised in the South African Constitution and by the Supreme Court of Canada. Australians proudly sing “our land abounds in nature’s gifts in beauty rich and rare”, so why not provide nature’s gifts with a measure of legal protection against being given away.’
This must include the essential right to water as a global commons. (Article 31, United Nations, Maude Barlow Blue Gold /Blue Covenant)
PROPOSED TEXT
The Right to Water and a Healthy Environment
The Federal Government of Australia will use its vested powers to ensure that its citizens are vouchsafed the fundamental human right to water for sustenance and all reasonable use.
The governance of the nation’s water, including determination of “reasonable use”, will fall under the sole jurisdiction of a fully independent body accountable, via federal parliament, to the Australian people. The structure and independence of this water authority will be analogous to that of the Reserve Bank of Australia.
The right to water will be declared an essential human right as a global commons. Under this definition, the right to water will be given precedence and advantage, in international and local law, over any other interests. Access to water will not be subject to market forces or to private or corporate interests. The precautionary principle of ecosystem protection must take precedence over commercial demands on water.
The carriage of this right will always be within the public domain. Any dilution of this right or interference in its carriage will be declared an offence under Australian Federal law.
These fundamental rights are contained within, and hold self-evident, provisions pertaining to the right to a pristine and healthy environment, namely:
The right:
(i) to an environment that is not harmful to their health or well-being of citizens
(ii) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:
-
prevent pollution and ecological degradation;
-
promote conservation; and protect native flora and fauna, and areas necessary to maintain biological diversity and ecosystems;
-
secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;
-
establish a planning system that ensures encroachments upon areas of natural beauty or heritage value and species and ecological communities of National Environmental Significance are not approved unless by fair, transparent and non-corrupt process, which takes that value into account.
(iii) to timely and adequate assistance in the event of fire, flood, cyclone or other natural disaster or catastrophe. |
News 
(Acid-sulphate decay, Lake Albert: Image courtesy L. Fischer) 
