Ethical Issues in Access To Water - Is Water a Human Right - Essay Example

Ethical issues in access to water: Is water a human right? (WHR) Executive summary Water has been called the prime synthesis of life as it performs basic ecological functions in every environment and it is the most indispensable substance upon which all life depends. Although a non renewable source, water can be recycled with ease and that helps in repeated use of the same water. In the present world various factors like drastic climatic change, rapid rate of industrialisation, unprecedented population growth and rampant mismanagement of water has led to the stress in the water supply. Again ethical issues concerning the water management has cropped up in a rigorous manner. Various issues like cultural traditions, local practices and different societal values are the determinants of the water management process and are very useful in the structuring of the water ethics. There are other issues, which centres the notion of water management and often they are not perceivable by the human senses. These are colour, tastes which provide us little suggestion of the water composition or the water pot ability. These are responsible for the spread of diseases and high death rates in the low income countries. Technological backwardness can be regarded as one of the reasons in this case. A moral issue crops up regarding the preservation of water that will eventually lead to better health of the population. Such moral issues have to take into consideration the local cultural lineage as well. The paper examines and illustrates some ethical principles in order to mitigate the moral dilemmas encircling water. The problems of the water management are also discussed under the light of these principles. Human ethics if transformed in a proper manner then it will be very much effective and suitable mean to achieve optimality in water management. But the fact lies in the sense that effective transformation of the human and societal ethics needs a lot of time. The paper focuses on the water scarcity problem from the ethical perspective including business ethics related to water. In this reference the ethical issues related to the bottled water industry is mentioned. On the other hand it also recommends some policy implications with the help of some case studies. Various theories are also mentioned and analysed. It has been illustrated that in order to construct a proper water ethics the basic and most important requirement is the joint efforts and collaborations at all levels of the society. Ethically feasible water utilisation with business ethics and management can be found in the near future if there is proper adoption of scientific techniques, methods and tools along with rising expertise among the people and infusion of ethical education to the young generations. 1. Water Ethics Ethics is the outcome of differences regarding possible ways to approach an issue. According to Schmidt and Brown (2010) “These disagreements may occur in at least three areas. First, claims about facts or states of affairs, such as those about adequate water quantity-because we need to know what we mean by ‘adequate’. Second, claims about correctly ordered social relationships, such as whether water should be allocated according to economics or on the basis of factors such as human rights or rights to property or healthy ecosystems. Third, claims about personal experiences, such as water’s significance to people of a particular culture or belief.” ( Schmidt & Brown,2010, p. 4) Given the necessity of life and the pervasiveness of water these above discussed agreements overlap each other. This can be said by giving an example. A person may find offering some flowers in the river as his/her spiritual belief and someone may find the same phenomena as an act of pollution. Water ethics in general is a normative framework for guiding various actions that affect water. Organizations like United Nations Educational, Scientific and Cultural Organization (UNESCO) and World Commission on the Ethics of Scientific Knowledge and Technology (COMSET) has organized three themes related with water ethics. They are “(1) a sense of shared purpose and harmony with nature, (2) a balance between traditional human values and technological innovation, and (3) harmony between “the sacred and the utilitarian in water, between the rational and the emotional.””(Schmidt & Brown, 2010, p. 5) Water ethics and water use decisions bear general consequences for both the biotic component and a-biotic component of the earth. Water ethic may be viewed as an aspect of regulating optimal management practices in natural resource policy. The paper therefore argues that while access to water is a human right, care should be taken to manage water in an ethical way in order to do justice to the environment. 2. Business ethics and water According to Matten and Crane (2007), “Ethical theories are the rules and principles that determine right or wrong for a given situation” (Matten, Crane, 2007 p.86). In our everyday lives, people come across different situations and face problems in deciding what is right and what is wrong. In business also similar types of problems are faced. As for example a multinational company trying to establish a subsidiary will face various problems like fixing wage level for the workers, establishment of minimum wage level for the workers, granting permission and much more complex problems, which centre on the moral issues or the business ethics. To maintain a proper business ethics an organisation needs to be systematic, rational and will have to transparent in delivering answers to the stakeholders. The organisation has to be absolutely clear in explaining what is right and what is wrong ( Matten, Crane, 2007 p.86). But it is often found that the business organisations do not abide by the principles of business ethics and this is followed by rampant corruption, practice of self interested practices, frauds etc. The focus of the business leaders, academicians and society at large has been shifted towards the topic of business ethics following the collapse of HIH and One-Tel in Australia (Moral Philosophy and Business, n.d., p.6). Business ethics related to water is a current issue in the global platform and one classic example of business ethics related with water can be attributed to the business of bottled water. 2.1 Bottled water and business ethics From the reports of the Earth Policy Institute huge amount of water shortages have been found in the various water sources like lakes and spring near the water bottling plants. As for example in Guelph, Ontario the citizens have protested against the Nestle company that is drawing approximately 3.6 million litres water per day causing shortage and damage in the underground water flow. The sky rocketed demand for the bottled water has contributed to the mass scale global water crisis. Indian social activist, Medha Patkar in response to the issue of the bottle water told that, “The bottling of water has really exploited our ground reserves [...] killed our aquifers, and […] encroached upon the people’s right to natural resources and the right to plan with those resources” (Five Reasons to ban bottled water, n.d.). Apart from that the transportation of the bottled water has led to the increase in the greenhouse gas emission. Throughout the world there has been accelerating movement to establish a global right to water, which states that water is not only an essential but also irreplaceable source for the health of the people as well as the earth. Canada is a country, which has one of the best public water systems in the world. In 2002 Canada supported the notion the human rights of water. The Canadian movement for the right to water has stated that water is a human right and it should be guaranteed to all people regardless their ability to pay. According to the right to water movement in Canada, the bottled water industry has tried to divert the faith of people from public water to bottled water. Stress should be given to improve the public water management system and to ensure safe drinking water for everybody. 3. Legal validation of water as a human right and controversies The explicit legal recognition of human right to water started to develop from the late 1940s with several progressive conventions and declarations that originated from the United Nations Organization. The notion of right to water was already hidden in the founding constitution of the World Health Organization (WHO) in 1946, which represented the “highest attainable standard of health” (Mader, n.d. p.7) as a fundamental right of all human beings. Several treaties and international standards have been formulated between 1949 and 2001 regarding the implicit right to water. As for instance in 1998 in Lisbon initiative for a Global water contract, released its Water Manifesto, which attributed water as “an inalienable individual and collective right” (Mader, n.d., p.7). In the year 2000 a summit of seven poorest countries of the world led to the famous reversal of a utility privatisation agreement and affirmed water as fundamental human right. In 2002, UN Economic and Social Council (ECOSOC), in the issue of General Comment No. 15 recognised water as an explicit human right, independent of other rights. The idea was that, ample supply of water is necessary and mandatory for prevention of death from dehydration, water-related disease and provision for consumption, cooking, personal and domestic services requirements. In addition it was also declared that the water facilities and services must be made available at affordable prices and should be accessible to all, which would be protected by the state intervention and it will be regardless of the citizen’s ability to pay “Under no circumstances shall an individual be deprived of the minimum essential level of water” (Mader, n.d., p .6). General Comment No.15 is the pivotal document bearing the current rights based positions and debates on water and sanitation provision, which is a key reference point for the human right to water paradigm (Mader, n.d., pp.6-7). The United Nations claimed that lack of water is one of the greatest violations in the world. Reports by World Bank state that by 2030, the aggregate global demand for water will surpass the global water supply by approximately 40 %which predicts a future of concern. Support to water as a human right has been given by international organizations like World Bank, World Water Council and World Water council organizations apart from the United Nations. But it has been found that several wealthy nations like United States of America, United Kingdom, Canada, Australia has emerged as opposite forces by going against the current form of the resolution. Conservative government of David Cameron already stated that it will continue opposing the resolution unless amendment is made to remove sanitation and only refer to clean water and not water only. They highlight on the point of clean water. Canada hides them behind the false claim that the prevalent resolution may drive them to share its water with the US. Australia has followed the route of water markets i.e, water privatization and it refused to sign onto a commitment that will favor public ownership of water centering which huge protests arose. Even the Obama administration is not in the procedure of charting any new route for his country when the question of human rights compulsion comes at the UN (Barlow, 2010). 4. Water ethics and management The issue of water ethics is a much debated topic discussed in the realm of water resource management. In this section various ethical models are developed and discussed in accordance with some case studies and theories. Highlight is also entailed on several ethical issues that are often ignored or undervalued in management of water resources. When the ethical concepts are directly applied they bear practical relevance in the water management procedure. As for instance it can support the decision making process, which is indeed a complex issue including a domain of scientific techniques including hydrology, groundwater, and precipitation and run off, water quality etc. It also considers different areas of water use both from supply and demand sides and correlates them with various socio economic aspects. The role of the ethics is to consider and provide operational assistance and conceptualisation of different perspective keeping in mind the concepts of rights and duties and pareto optimal outcomes (Schmidt & Brown, 2010, p. 6). 5. Environmental valuation The word value is a relative term and is applied in different contexts in different ways. For an environmentalist, the value is obtained when he realizes or finds that the environment is clean in the present as well as in the future. This valuation of the environment is real. But the problem arises when these values are judged in terms of money. Valuation of the environment in terms of money, which can be understood by everybody, can be accepted in a wider angle if the values can be viewed as deciding tool of what to sacrifice from the scarce resources to protect the environment. In other words there will be a tradeoff between the protection of the environment and the economic use of the environment. After this identification, the next step is to measure or quantify the amount of sacrifice. In economic terms when valuation of scarce resources are done then it is made in terms of the maximum amount the individuals are willing to pay for receiving them or the minimum amount they are to be paid if they are refrained from using them. In the environmental valuation the concept of shadow pricing bears an important significance. Environmental goods are not marketed in the real world. “So the non-priced inputs and outputs like common property resources and externalities (especially those arising from environmental impacts) must be shadow priced to reflect their economic opportunity costs” ( Munasinghe, 2007). From this the central idea of the environmental valuation arise which is willingness to pay (WTP) and willingness to accept (WTA). A situation can arise where the rich have a greater WTP and can enjoy a biased benefit. But this can be handled and proper decisions about the environment can be made if distributional considerations are incorporated. An example may be considered in this case. Suppose there is a proposition of building a noisy airport either near a rich neighborhood or a poor one. Argument arises that as the rich have more WTP the cost of building rises near their neighborhood. But if it is seen in the other way round it can be stated that the poor neighborhood are generally much densely populated and there will arise a countervailing or neutralizing effect. Thus distributional factors and cost benefit analysis are incorporated in the decision making procedure of the environment. An objection to the money based and WTP/WTA valuation approach of the environment lies in the inter-temporal choice that is the comparison of the present and the future value. Or in other words the tradeoff between the present generation and the future generation needs to be considered. The individuals usually have a lower WTP for the goods provided in the future as compared to the goods provided in the present. Reforestation and growing of trees will yield a long run benefit for the human beings as well as the ecosystem but human beings will be finding incentives in reaping benefits by cutting down forest and use it commercially which results in the shrinking of the environment and leading to ecological misbalance (Markandya,n.d., pp.14-15). The same case is applied for water also. Commercial benefits and incentives as well as the exploitation of water lead to the tremendous problems in water management. 6. Moral theories related to environment 6.1 Anthropocentrism and Ecocentrism Different views of protecting the environment and achievement of sustainable development have cropped up among different groups of people in the society. Anthropocentricism originates from the idea that the earth and its resources exists only for the consumption of the human beings. All the other animals and the abiotic (nonliving) components of the earth are subordinated under the human beings. It can be said that a domination of the humans over the non-humans and other animals is inflicted through this view. This concept of protecting the environment generates an insufficient ethical basis for protecting the environment (Barry, 1999, p.8).On the other hand the ecocentric view of protecting the environment comes from the negation of the anthropological view and it disintegrates the existence of human being to be only a part of the environment as a whole. Ecocentrism “precludes recognition of the positive resources within anthropocentrism for developing an appropriate and practicable moral idiom to cover social-environmental interaction” (Barry, 1999, p.8). Again there are two theories related to ethical perspective one is consequential and another in non consequential. Consequential ethical theory states that the rightness or wrongness of an action depends on the consequences of that action. The concept of utilitarianism which implies the greatest good for the greatest number can be held as one of the consequential theories. Various questions arise in this respect as –“Does damage to tress count as damage to human beings?” (Consequentialist vs. non-consequentialist theories of ethics, n.d.). The consequential theory states that the biodiversity has instrumental value as “because it can contribute to human welfare, but it has no intrinsic value” (Consequentialist vs. non-consequentialist theories of ethics, n.d.). On the other hand a non-consequentialist theory of value judge the rightness or wrongness of an action depends on the intrinsic value of the action and not on its consequences (Consequentialist vs. non-consequentialist theories of ethics,n.d.). In this Kant ethics and his formulation of universal law can be mentioned in this case. In order to make an action universal Kant suggests the following procedures through which the action’s universality should be verified. 1. Formulate the maxim of the action- This step includes the general principle an agent in the society would be acting in order to execute an action. The situation can be illustrated by a following example as "in situations in which I need money and know I cant pay it back, I will falsely promise to pay it back (Kants Ethics: Some Key Ideas, n.d)." 2. Universalize the maxim. This step includes formulation of the action not as a personal policy but as a policy for everyone. As for example, "in situations in which anyone is thirsty and water is available, that person will drink it," or "in situations in which anyone needs money and knows he or she cannot pay it back, he or she will falsely promise to pay it back(Kants Ethics: Some Key Ideas, n.d)." 3. Determine whether the universalized maxim could be a universal law This step requires the validation that whether it is possible for everyone to perform the actions universally. In this case the second maxim may break down or loose validation. As for example, “if everyone started making false promises, the institution of promising would disappear, so no one would be able to make false promises, since there would be no such thing as a promise to falsely make. If the universalized maxim could not be a universal law, you have a perfect obligation not to perform the action (Kants Ethics: Some Key Ideas, n.d)." 7. Various theories involved in water ethics and water resource management 7.1 Principles of vicinity Fresh water is indeed scarce and its allocation is also very irregular. Thus it becomes a challenge in order to access ample freshwater resources. Further there can be various legal constraints in case the upstream land is owned or it may fall under the jurisdiction of any other foreign countries or under private possession. By the word vicinity we generally mean proximity or closeness. The principles of vicinity states that people living nearby a water resource will have the advantage of using water from that resource as compared to those living far away. But the advantage which is told about does not come alone. People living in close proximity to the water sources will also be liable for taking the responsibility of monitoring so that it does not negatively affect the interests of others. The monitoring includes prevention of the water from contaminating and sustaining the natural flow of water. This is a moral responsibility rather than a privilege that an individual have to shoulder so that the water resources in their vicinity be maintained properly and others do not get worse off from their behaviour (UNESCO, 2011, p.20). 7.2 Principles of Frugality The principle of frugality states that people living in close proximity to the water sources should never use water beyond their actual needs. In other words it can be said that people should use water at minimum sustainable level. This optimal usage of water for basic living needs, comfort and maintaining the local ecosystem will ensure that the excess amount of water may be used by the people living in water lacking areas and might be stored for the future generation. Government intervention in this case is necessary, which will guarantee the balance of the water supply between the regions with excess and less water (UNESCO, 2011, p.20). 7.3 Principle of transaction This principle states that the saved or the surplus water reserves can be used commercially or traded in the water markets by the help of water banks, water exchanges or transfers. Hence, the potential users of these water sources may have the right to use these and posses the ownership of the same. In a majority of the Asia Pacific countries water is generally regarded as a public property. Except for household purposes, appropriation and use of water is obtained through the permits issued by the government. 7.4 Full cost recovery for water (FCR) Full cost recovery of water services means to cover all costs associated with the process of operation, maintenance and financing of a water system. In other words FCR means the revenue from the sale of water, primarily through devices like tariffs will be equal to or exceed the costs of obtaining, processing and distribution of water to the customers. FCR might be used as the prime indicator of the financial health and overall performance of a water utility. Financially weak water utilities operate in an inefficient manner and yields negative profit that lead to inadequate skill development, low investments and poor services. The poor services in terms of quality and quantity give rise to customer dissatisfaction and low level of willingness to pay. Financially strong water utilities support efficient operations and accounts to the provision for good standards of service, customer satisfaction and their willingness to pay. In long run consumers spontaneously invest in these water utilities to have even better service and that initiates self-sustaining water utility sources. (Regional Assessment Survey and Workshop on Full Cost Recovery for Water Utilities in Southeast Asia: Sharing International Experience and Best Practices, n.d., p.1). The principle characteristics of FCR can be illustrated in a tabular representation below: Characteristics of FCR Theory Key actors Unclear/private preferred Who pays? User pays Pricing principle “ as an economic good” Conception of rights Profit motive/incentives Explanation of exclusion Market failure (economistic) (Mader, n.d.,p.11) The private companies and the declining role of the state functions are some of the loopholes of the FCR theory. In order to ensure efficient water there must be a price level where the demand will be equal to the supply i.e. equilibrium will be attained. Subsidies or transfers from one customer to another are prohibited as they will distort the free operation of demand-supply mechanism. The prices charged often fail to cover the cost of provision and the suppliers seek upward adjustment of prices. FCR theory rests on the supply side economic approach. Market actors will not supply water to all customers until they get the prices above the sum of capital costs, variable costs and maintenance cost. The fundamental error lies in the fact that it adversely affects the poor. As for example if selling water to an industrial enterprise generates 10 times more return than selling water to an agricultural enterprise, then this provides the incentive to sell water to the industrial unit rather than the agricultural unit (bottled water can be held as a classic example). Thus in this case the poor are adversely affected as their capacity to pay is much less compared to their rich counterparts. The theory thus fails to qualify as an optimal tool to determine a justified condition under the welfare paradigm (Mader, n.d., pp.14-16). 8. Policies for better water management and protection of human rights 8.1 Necessity of constructing efficient Aquaculture Industry An efficient aquaculture can be a positive step towards competent water management. Again the fruits coming from this step will also percolate to establish a just human right. Aquaculture is the farming of aquatic plants and animals. The production of fish, crustaceans and shellfish comprises the largest growing animal food sector in the world. In present times the supply of aquaculture industry comprises of around 43% of all the fish consumption by the human beings. Pumping of ground water for the supply of shrimp farms has resulted in the depletion as well as increased saline nature of local water supply in the coastal communities. Several instances of crop losses have been encountered in various lands owing to the same. Large scale displacement of families to make way for shrimp has contributed to landlessness and food insecurity in some developing countries. The non violent protest against the industry have been frequently neutralised by coercive methods like violence, threats and even murders. As an example, 150 protestors in Bangladesh have been murdered. Poor management in aquaculture industry and the corresponding consequences can be found in many parts of the world. In this regard the example of Chile might be very appropriate. Devastating records of health and safety has been found in salmon fishing in Chile. There, in the past 3 years over 50 people have died in work related incidents and the people are poverty stricken with extremely low wage rates (Allsopp et al, 2008, pp. 4-8). Optimum steps are required to be taken in order to improve the aquaculture industry. The people of both developed and developing world has to restructure their diets and take optimistic policies for a well functioned aquaculture industry that in the long run will support the process of water management. 8.2 Computer aided, community based water planning The Gila River and its tributary San Francisco River begin in New Mexico and pass through the State of Arizona before entering the Colorado River. The Gila-San Francisco basin covers an area of around 9000 square miles of south western New Mexico. The usage of water from this region dates back to 1800s. The river basin is comprised of highly interactive physical and social processes, which lead to the changes in climate, ecology and human conditions. Computer aided programs have been adopted by the government in order to make a suitable water management framework keeping the ethical issues in mind. The modelling, which was adapted is the collaborative, consensus-driven community modelling process that enhances the ethical quality and maintains simultaneous balance between the human interests, ecological demand and natural resources. Computer aided devices like GSF Decision Support Tool have been adopted. This provides an overall sense of ownership, integrated planning as well as enhanced insight (Schmidt & Brown, 2010, p.56). If this gets universally followed then it will definitely pave the way for ethical management of water. Conclusion The study of this paper encircled around the study of ethics related to water, which is the most valuable thing for sustainability of life on earth. The anthropocentric atrocities have exposed the sustainability of water to unprecedented risks. The local water management organizations are failing short of attaining any substantial change in terms of an efficient water resource management. Besides, the menace of the bottled water is hurting the status of the public water in most gruesome ways. They follow the FCR principle and as explained above that it cannot be a viable principle to follow, keeping social welfare in mind. At these scenario International aid agencies, nongovernmental organisations and local communities need to work jointly and optimally to provide all human beings with basic water requirements irrespective of their ability to pay. Technological improvements should be made in the sphere of hydrology, groundwater management and water quality. Unless right to water can be established as a part and parcel of common human rights; sustainability of water sources and water management would always be at risk, since a common consent will not be developed with fragmented and non-uniform human rights. Thus for the protection and management of water a collective approach is mandatory. A series of institutional, economic and management strategies executed in a proper manner can turn right to water into our basic human right. References 1. Allsopp et al (2008), Challenging the Aquaculture Industry on Sustainability, available at: http://www.greenpeace.to/publications/Aquaculture_Report_Technical.pdf (accessed on May 11, 2012) 2. Barry. J ( 1999). Rethinking Green Politics: Nature, Virtue, and Progress, SAGE 3. Crane, A and Matten, D. (2007), Understanding business ethics. 4. Five Reasons to ban bottled water, (n.d.), available at: http://cupeab.cupe.ca/updir/cupeab/downloads/bottledwater.pdf (accessed on May 11, 2012) 5. Mader, P (n.d.), Water Paradigms: Full Cost Recovery versus Human Rights, available at: http://www.hks.harvard.edu/cchrp/initiatives/right_to_water/study_group/mader_paradigms.pdf (accessed on May 11, 2012) 6. Moral Philosophy and Business, (n.d.), Nature of Morality 7. Schmidt, J.J & Brown P. G.( 2010), Water Ethics: Foundational Readings for Students and Professionals, Island Press 8. UNESCO (2011), Water Ethics and Water Resource Management, available at:: http://unesdoc.unesco.org/images/0019/001922/192256e.pdf (accessed on May 6, 2012) 9. Munasinghe M, (2007), Shadow pricing, available at:: http://www.eoearth.org/article/Shadow_pricing(accessed on May 13, 2012) Read More