A/HRC/57/48
However, substantive differences arise once timber and water are obtained. For timber, it
seems reasonable that the company that harvested the timber sell the logs to the sawmill of
its choice; the sawmill will sell the timber boards and beams to construction companies,
furniture factories or shipyards, and these companies will sell their products to society at the
appropriate prices. In other words, once the sustainability of the forest ecosystem is
guaranteed, insofar as the values and utilities of wood are substitutable and interchangeable
with capital goods, it is reasonable and consistent to manage them according to the market’s
logic, with the appropriate regulatory measures.
8.
However, in the view of the Special Rapporteur, applying the same approach to water
would lead to serious errors because many of the functions and values related to water use
cannot be easily converted into monetary terms; they do not fit into the realm of Aristotelian
chrematistics. For instance, how could water’s value be determined to safeguard the health
of families and communities? How could the value of water needed for maintaining public
health be compared with the value of water required for growing avocados for export? Those
values belong to different ethical categories making it challenging to equate them solely
based on monetary considerations.
B.
Ethical order of priorities
1.
Water for life
9.
As the Special Rapporteur noted, promoting a human rights-based approach to water
management requires prioritizing life-sustaining uses and functions, particularly people’s
lives and dignity. The Special Rapporteur conceptualizes that as water for life.7
10.
The concept of water for life should encompass three key elements: 8 ensuring access
to water for drinking and sanitation as a basic human right; providing water for rural
communities to produce their own food, which is in line with the human right to food; and
preserving and maintaining aquatic ecosystems to ensure a healthy and sustainable
environment. Those three aspects are interconnected and vital for promoting a dignified life
and environmental sustainability.9
2.
Water in functions, uses and services of general interest
11.
Water intended for general-interest functions, uses and services should be managed
as a secondary priority.10 For the Special Rapporteur, a water service, value or function is of
general interest or public interest when it is determined in a transparent, participatory and
democratic manner that it should be preserved and guaranteed to the community over private
interests. For example, this could involve protecting river flows, as in the United States of
America through the Wild and Scenic River Act,11 or allocating specific water flows to ensure
the survival of family farming if it is deemed to be in the best interests of society.
3.
Water for economic development
12.
Water is used for economic development in productive activities, such as extractive
industries and large-scale agriculture, that generate profits. However, those activities also
generate higher demand for water and the risk of water pollution. Therefore, giving specific
attention to them is important, albeit assigning them a third priority level.
13.
Lastly, productive activities that generate toxic pollution, such as heavy metals, which
pose serious risks to public health and ecosystem sustainability, must be outlawed and
avoided at all costs, no matter how profitable they are for their promoters.
7
8
9
10
11
GE.24-13383
A/76/159, para. 22.
A/HRC/48/50, para. 14 (a).
Ibid.
In the scope of the present report, general interest refers to the public interest, which is the well-being
of society, as considered in economics and social sciences.
See https://www.rivers.gov/about.
3