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Edith Kauffer (CIESAS-Sureste)

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Edith Kauffer (CIESAS-Sureste) The Human right to water and sanitation in two transboundary Edith Kauffer CIESAS-Sureste, contexts: Mexico-Guatemala and Collegium de Lyon, EVS-H 0 Mexico-Belize 2 THE « Southern border » of Mexico: two TRANSBOUNDARY transboundary contexts (history, politics and CONTEXTS: DEEP water issues) DIVERSITY Two neighbors, two borders, four states in Mexico (Chiapas, Tabasco, Campeche & Quintana Roo) Plenty of water: three international rivers, TRB, shared wetlands and lagoons, transboundary currents Transbounderities, borderities phenomena: water as division and connection But: problems of access to drinking water and sanitation because of lack of public services, remoteness and States’ omissions THE TRANSBOUNDARY CONTEXTS TRB and shared waters THE TRANSBOUNDARY CONTEXTS: SHARED WATERS AND REALITIES THE TRANSBOUNDARY CONTEXTS: CONTRASTING REALITIES Political and economical asymmetries Water conflicts Chiapas, Mexico San Mateo Ixtatán, Guatemala THE TRANSBOUNDARY CONTEXTS: CONTRASTING REALITIES Water and sanitation shortage Tourism Corozal, Belize Quintana Roo, Mexico THE TRANSBOUNDARY CONTEXTS: CONTRASTING REALITIES Protected areas Forests Recognition of water transboundarities: significative achievement Lack of transboundary cooperation on water issues: treaties of agreements Local experiences and initiatives but also conflicts Transboundary water issues not on policy, nor on political agendas: historical reasons, sovereignties, excepting the Hondo river (Mexico- Belize) with some attempts to build cooperation Hondo river basin SOME DATA ABOUT WATER AND SANITATION Drinking water Drinking water Sanitation Sanitation Urban areas Rural areas Urban areas Rural areas MEXICO 97% 85% 97% 74% Chiapas 94% 83% 96% 72% Tabasco 97% 84% 97% 93% Campeche 96% 86% 96% 80% Quintana Roo 98% 95% 98% 79% GUATEMALA 99% 89% 88% 72% BELIZE 97% 92% 85% 81% Sources: Mexico: National Water Commission, 2015 Guatemala: FOCARD-APS, 2014 Belize: Grau et al, 2013 HRWS: A NORMATIVE FOCUS MEXICO GUATEMALA & BELIZE Mexico: UNHRC rapporteur's recommendations cumpliance (%) Central American normative framework 45 40 2015: Regional Framework Law on 35 HRWS approved by the Presidents’ 30 25 National Legislative Assemblies 20 15 10 The Central America and Dominican 5 Republic Drinking Water and Sanitation - No started Insufficient Limited In progress Forum (FOCARD-APS): strategic plan information 2015-2020 to enhance CA institutions and to promote national regulations Source: UNHRC, 2020 HRWS AND TRANSBOUNDARY ISSUES: NORMATIVE FOCUS HWRS at national scale International law on transboundary water issues Constitution Water law HRWS in New York UNECE Bilateral water laws Convention Convention treaties 1997 1992 Mexico 2012 1992 No Mexico No No No 2015 Conflicts Guatemala No No No Guatemala No No No Conflicts Belize No No No Belize No 2010 No HRWS, AN IMPLEMENTATION PERSPECTIVE: FROM LAW TO POLICIES Water issues, although shared: CA framework: embedded in State’s sovereignity Lack of information on Belize and scarce Human rights, although universal: participation embedded in national laws to be implemented Guatemala: less committed State at regional scale Mexico: HRWS jurisprudence (Supreme Court), complaints and HR National and FOCARD-APS (2019): difficult task for States’ Commission recommendations political reasons and lack of funding CONCLUSIONS How to entangle transboundary water New laws: instead of focusing on issues with HRWS? conflicts, opportunities to revisit human rights and international principles and How to transcend national borders and the relating debates security to build minimal consensus on shared water issues? Stakeholders’ participation and local training and empowerment How to convert local and transboundary water conflicts into human rights More research on local realities compliance? regarding transboundary issues and processes about the two mentioned border contexts and not only Mexico- USA BUILDING BRIDGES AND CONNECTING RIVERBANKS… Edith Kauffer [email protected]; [email protected].
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