There was no specific reference to water as a human right within the Declaration, however, it did state that water is of "critical importance" to sustainable development and make reference to the need to improve access to water by adopting a pro-poor approach. The agreed statement confirmed that:

"Governments have the primary role in promoting improved access to safe drinking water, basic sanitation, through improved governance at all levels and appropriate enabling environments and regulatory frameworks, adopting a pro-poor approach" (Ministerial Declaration 2006).

The Ministerial Declaration also reaffirmed the decision of the 13th Session of the UN Commission of Sustainable Development. It acknowledged that:

"Substantial increase of resources from all sources, including domestic resources, official development assistance and other resources will be required if developing countries are to achieve the internationally agreed development goals and targets, including those contained in the Millennium Declaration."

Debates on the Right to Water and the EU Ministerial Declaration

Many governments were in favour of including the right to water in the Ministerial Declaration, but this was stubbornly refused as no alterations could be made to the agreed text without a formal vote as is the case in the UN General Assembly.

The ministerial delegates who where unwilling to accept any mention of the right to water indicated that their hesitance rose from uncertainty over the implications of such a right. They also argued that its inclusion was unfeasible, as it might commit countries to altering their national constitutions and would force international bodies to produce new legally binding instruments. Delegates from the United States and Japan did not take part in discussions on the right to water.

Four Latin American countries - Bolivia, Cuba, Venezuela and Uruguay - took the lead advocating for the inclusion of a formal recognition of the right to water in the Ministerial Declaration. They were given permission to express their views in a separate document. The statement they released affirmed that:

"Access to water with quality, quantity and equity constitutes a fundamental right. States, with participation of their communities shall make effective efforts at all levels to make this right effective for their inhabitants, within their respective countries."

The right to water was also a source of dispute between members of the European Union (EU). Ealier in 2006, the European Parliament has adopted a Recommendation acknowledging the right to water and the European Parliament had asked the EU to advocate the inclusion of the right to water in the Ministerial Declaration. France, Germany and Spain and others sought to secure a reference to water as a "fundamental right" within the Annex. However, this was not achieved, as an EU consensus could not be reached on the concept. In a short statement by the EU it called for the Ministerial Declaration to take into account three points, one of which was the following:

"We want to address the discussions concerning the right to access to water and sanitation. The EU considers that water is a primary human need and that water supply and sanitation are basic social services as mentioned in the resolution of the EU Development Council adopted on 30 May 2002, 8958/02. The EU emphasises that public authorities must take adequate measures to make this effective and affordable."

Sources: Henri Smets 2006 'The Right to water at the World Water Forum' Paris Water Academy France. EU Statement at the World Water Forum 2006, Ministerial Declaration 2006

Regional and national positions on the right to water at the World Water Forum
The Official EU position made by Switzerland and Austria	Affirmed that "the EU considers that water is a primary human need and that water and sanitation are basic social services as mentioned in the resolution of the EU Development Council adopted on 30th May 2002"
France, Spain and Germany (amongst others)	Attempted to include a reference to water as a "fundamental right" in the Annex of the Ministerial declaration.
France	Minister for Ecology Mme Nelly Olin stated "The right to water is recognised since many years as a fundamental right in international agreements. The issue is now to make it an effective right, i.e. to improve access to water for millions of people." France issued and distributed a pamphlet describing how to make the right to water more effective.
Belgium	The Belgian Ministerial delegate explained how the Belgian Federal Government had implemented the right to water at national level. He also announced the setting up of a new social fund for water in developing countries.
Argentina, Bolivia, Uruguay and Venezuela	These countries argued strongly in favour of the right to water. In 2004 the Uruguayan Constitution was modified by a democratic vote to incorporate the right to water.
Brazil	Affirmed that the right to water is an essential right.
South Africa	The Ministerial delegate from South Africa stated that the right to water was contained in the South African Constitution and explained how the Government had implemented the right to water.
USA	Did not discuss the right to water. However, in 2005 the US Congress had passed the Poor Act, which aimed to provide affordable and equitable access to safe water and sanitation in developing countries." (Senator Paul Simon Water for the Poor Act of 2005).
Japan	Did not discuss the right to water

Source: Complied from The Right to Water at the World Water Forum, Henri Smets, 2006.

Although the Ministerial Declaration did not specifically refer to the right to water, declarations adopted by other groups of participants indicated their firm commitment to this vital right. The Declaration adopted by the 120 Mayors present at the Forum is of particular importance, as it is municipal authorities that frequently have responsibility for the provision of water services.

The Mayor's Declaration:

"All human beings have the right to water in the quantity and the quality required to meet their essential needs, as well as to sanitation, a key factor in human health and the preservation of ecosystems.

"Each individual's right to and use of water must be exercised with respect for the needs of present and future generations."

The Parliamentarian's Declaration:

"Each human person has an essential right of access to water".

International Organisations: The Director General of UNESCO, Mr. Koichiro Matsuura referred to a report on world water development entitled "Water: a Shared Responsibility" adopted by 24 UN agencies. He emphasised the first key recommendation of the Report which states:

"We need to recognize that access to clean water is a fundamental right".

The Holy See:

"Water is intrinsically linked to fundamental human rights such as the right to life, to food and to health. Access to safe water is a basic human right. In a Message to the Bishops of Brazil in 2004, Pope John Paul II wrote, "as a gift from God, water is a vital element essential to survival, thus everyone has a right to it".

Representatives of NGO's: An international group of NGOs at the World Water Forum in Mexico, called on Governments to agree to a formal declaration at the UN Human Rights Council that would result in a commitment to implement all actions within their power to guarantee that every human being has the right to sufficient and affordable clean water in or near their home, school or workplace. The statement released maintained that:

"Defining access to water as a human right is an important step in making this access a reality in the lives many people living in poverty."

Women's Declaration:

"The human right to water must be implemented and enforced by all stakeholders at all levels."

Children's Declaration:

"We ask all adult decision makers to fulfil the human right to sustainable, safe drinking water supplies and basic sanitation, through the provision of child-friendly facilities in all schools and communities, taking into account the needs of girls, very young children and children with disabilities."

Tlatokan Atlahuak Declaration (Indigenous Persons Declaration):

"We reject the neo-liberal model of life that views water as merchandise, not as a public good, or a fundamental human right."

"All human beings have the right to water in the quantity and the quality required to meet their essential needs, as well as to sanitation, a key factor in human health and the preservation of ecosystems."

Sources: Synthesis of The Right To Water At The 4th World Water Forum,World Water Council, 2006; The Right to Water at the World Water Forum, Smetts, Henri 2006; Statements issued by representatives of NGO's, the Holy See, International Organisations. Mayoral/Local Government Declaration, Tlatokan Atlahuak (Indigenous Persons Declaration), Children's Declaration, Women's Declaration and Parliamentarians Declaration.

The International Forum in Defence of Water

The International Forum in Defence of Water was a series of parallel events alongside the official Forum. It was organised by the Coalition of Mexican Organisations (COMDA), an umbrella organisation of local groups who campaign on the right to water and against the privatisation of water services. A key objective of COMDA is to ensure that water is recognised as a human right and that water management is decided upon in a transparent and participatory manner. COMDA has demanded that the right to water be added to the Mexican Constitution in order to ensure that legislation and policy promote justice and fairness in the distribution of water.

The parallel events aimed to enable local populations to reflect upon and debate issues such as the right to water, sustainable managements systems, large scale water diversion projects and public-private partnerships. The events aimed to encourage the development of a global water movement prompting collective action by uniting, organising, and realising proposals for change. These events were attended by numerous civil society organisations, national and international NGO's and some government Ministers.

The Joint Declaration in Defence of Water

The participants adopted the Joint Declaration in Defence of Water which:

• Stated that water is a common good
• Confirmed that access to water is a fundamental and inalienable human right
• Recognised that water is the heritage of humanity and is essential to all life on the planet

The Joint Declaration took a firm stand on the human right to water and gave an interpretation of the policy commitments which it perceived should follow from the recognition of this right. It stated:

"We demand that every human being have access and the right to water of good quality and in quantity sufficient for hygiene and good nutrition and that, in places where there is potable water delivery service, the minimum necessary amount should be allocated free of charge regardless of any differences, whether of culture, society, religion, geography, economy or gender. We reject any double standard. No corporation, government or international institution can stop water service in domestic uses for lack of payment."

It was stressed that the contribution of everyone, including women, youth, indigenous and aboriginal peoples, should be incorporated into the development of participatory implementation models.

Several proposals were made for further action. Delegates agreed the need for:

• Facilitating the equitable exchange of skills and the sharing of technical, financing and capacity-building knowledge
• Educating community organisations about the responsible and sustainable use of water
• Creating international and regional observatories as meeting points for social organisations, movements and cooperative networks, in order to monitor the activities of transnational corporations and international financial institutions
• Strengthening existing international tribunals and promoting the formation of additional tribunals to ensure the accountability of governments and businesses for any damage caused through contamination and lack of access to water services

Civil Society Criticisms of the World Water Forum

The Joint Declaration reflected opposition to the World Water Forum, which was viewed by participants at the parallel events as being a mechanism for promoting the commercialisation of water and disregarding the extremely high human, social and ecological costs of a neo-liberal model. They argued that water should not be perceived as a commodity and that all forms of privatisation, including that of public-private partnerships, should be rejected.

Delegates put forward an alternative vision that the management and control of water must be public, social, cooperative, participatory, equitable, and not for profit.

The Joint Declaration demanded that water be excluded from international, multilateral and bilateral free trade agreements and that the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank be abolished. This demand was a reaction to events in Cochabamba in 2000-2002, when protests over increased costs and poor water quality caused the Bolivian Government to cancel the concessional contract held by Bechtel (a trans-national corporation). The corporation then took the Bolivian Government to the ICSID to gain compensation. The court case which ensued contained only representatives from the government and Bechtel. Citizens were outraged to be excluded from participating in the proceedings, arguing that since they had been the worst effected by the corporations' conduct, they should be able to voice their concerns at the tribunal. Click here Community Action for more information on the Bolivian case.

There was also criticism from some community based organisations and NGOs about the organisation of the Forum which they considered to be undemocratic, exclusive and too closely aligned to the interests of the private sector. For example:

A declaration adopted at the Indigenous Persons' Parallel Forum, denounced the World Water Forum for being "financially prohibitive".

They pointed to the high entrance fee as effectively excluding indigenous peoples whose lives, livelihoods and traditions are closely interlinked with their natural environment and therefore particularly affected by water policy.

The Indigenous Peoples Declaration also condemned the World Water Forum for "denying the legitimacy of the indigenous world and spiritual vision of the sacredness of water."

In addition, at the time of the World Water Forum, a large number of demonstrators took to the streets of Mexico City to protest against:

• The lack of access to adequate clean water for instance for indigenous groups and impoverished residents of the City
• Coca-Cola's contract to provide bottled water for the World Water Forum