International Law

Draft UNGA Resolution on the Right to Water ? What is Indonesia?s Diplomatic Position?

Quick blogging. Sponsored by Bolivia, next July 28th the UN is moving towards embodying the human right to water in the form of a UNGA Resolution. The current content of the right to water is clarified by the General Comment 15 (GC-15) and reports produced by the Independent Expert on the Right to Water and Sanitation. The GC-15 is not binding as a legal instrument to state parties of the ICESCR, although it is an authoritative source of interpretation.
A UNGA Resolution on the other hand, may constitute an evidence of state practice which reinforces the bindingness and (the legal) existence of the right to water under International law [International Law experts are welcomed to argue on this :) ].

However, I consider the resolution?s draft text to be vague. It only recalls the GC-15 and two previous reports by the Independent Expert (IE). There is no clarification whatsoever on the content of the right. It may be that the strategy of interpretation is to link the Resolution with the GC-15 and the IE reports.

Note that some countries including the UK, USA and Canada opposes this move. As such, a vote might be required. Main supporters are likely to be Southern states. In order for this resolution to be supported by more states, more vagueness might be necessary. Nevertheless, this is already an important diplomatic move.

Read also, Maude Barlow?s and Mikhail Gorbachev?s op-eds on the right to water. The Draft Resolution (July 19th) is accessible here.
Does anyone know Indonesia?s diplomatic position?

Full post as published by Indonesian Law Reporter (ILR) on July 23, 2010 (boomark / email).