1. GEOGLOWS/IGWCO CoP Business meeting
16th – 19th May 2017
Tuscaloosa, AL
Rose Osinde Alabaster
WaterLex, Programmes Director

2. WaterLex Vision and Mission
- A world where there is sustainable use and access to safe water and sanitation for all
Mission Statement
- To secure the human rights to water and sanitation through law and policy reform

3. WaterLex
An international public interest development organization based in Geneva, Switzerland. 
With UN ECOSOC Status and a UN-Water Partner.

4. Research Legal Database initiated in 2012 dynamic online platform
designed with a crowd-sourcing approach
Examples of sources of data - WaterLex sources its data also from FAO, IUCN and ECOLEX
Can serve as inspiration for countries on defining concrete legal recommendations to parliamentarians; &
Source of info for stakeholders committed to secure HRWS – source of info;
Unique tool to facilitate consistency into the water legal instruments and policies,
Tool that allows for identification of global public, private or mixed legal practices - inspirational models.

5. Current partners include:
Argentina – Universidad de Buenos Aires, Cátedra de Derecho Constitucional
Australia – University of South Australia, Centre for Comparative Water Policies and Laws
India – Jawaharlal Nehru University, Centre for the Study of Law and Governance
International – UNESCO-IHE, Institute for Water Education
Kenya – University of Nairobi, Centre for Advanced Study in Environmental Law & Policy
Singapore – National University of Singapore, Asia-Pacific Centre for Environmental Law
South Africa – University of Witwatersrand, School of Law
Switzerland – University of Geneva, Platform for International Water Law
United Kingdom – UNESCO IHP-HELP Centre for Water Law, Policy and Science (at the University of Dundee)
United Kingdom – University of Essex, Human Rights Clinic
United States – New York University  School of Law
Others

6. Legal database
The WL legal database compiles the fragmented practice, reflected in the diversity of judgments, laws and policies, as well as the multi-level water management practices which have been observed by practitioners.
Water Governance - Policies & court judgments have shown the potential to contribute substantially to the realization of a broad range of human rights.
HRBA to water resources management and use

7. Research Country mapping
existing legal, policy, regulation, mechanisms and structures for implementation and monitoring
PURPOSE
Establishing status
Identification of gaps
Recommendations and concrete text to legal and policy frameworks
Support the Special Rapporteur’s country missions
Basis for design of programmes
Inputs to legal database
The Special Rapporteur undertakes country missions with the aim of examining the situation of water and sanitation at the national level, identifying good practices, and making recommendations to the Government on steps to improve access and ensure protection of human rights associated with water and sanitation.

8. What is the link between data and Legislative/Policy frameworks?
Urgent need to articulate existing laws and policies and correlate them with water management practices to:
identify existing provisions, gaps or inadequate practices – e.g. at the level of regulation/compliance;
identify which practices can serve as an inspiration for a standardization process at a given level;
identify which laws require new administrative processes and policies to secure their implementation. Note: IWRM principles reflected in the 1992 Dublin Declaration have only been very slowly integrated into existing legal frameworks.

9. The Human Right to Access to Information

10. The Human Right to Access to Information
Access to information is a fundamental human right - an extension of freedom of speech;
Recognized in international law by Resolution 59 of the UN General Assembly adopted in 1946, and by Article 19 of the Universal Declaration of Human Rights (1948)
Right to seek, receive and impart information - regardless of frontiers.

11. Right to Information (RTI)
Is the right to information a human right?
The right to information is protected through the guarantees of freedom of expression found in the main international human rights treaties.
Recognised by international human rights tribunals (Inter-American Court of Human Rights and the European Court of Human Rights) and
Recognized in leading international authorities (including all four special mandates on freedom of expression at the UN, OAS, OSCE and African Commission on Human and People’s Rights, and the Inter-American Juridical Committee)
as well as in the UN Human Rights Committee
Challenge: Establishes presumption that: all info held by government should be accessible + with set mechanisms for accessing it.
A lack of systematic assessments of right to information policies and whether and how they are translating into greater government transparency and participation in decision-making

12. Access to Info and Legislation
It is of a constitutional nature - supersedes any other international or national standard.
Reflects the fundamental premise that:
all information held by governments and governmental institutions is in principle public and
- may only be withheld if there are legitimate reasons, such as typically privacy and security.
Access to info supports good governance, efficient public administration, compliance with laws and regulations, efforts to combat corruption and better investment climates.
The right to privacy is a recognised human right and freedom of information acts as an extension to this right.

13. Why it is important
More than 100 countries have information laws - not always implemented effectively.
Access to government information allows citizens to understand how their governments are making decisions that impact their daily lives - Secures the three dimensions of sustainable development - economic, social and environmental!  
What are the data sharing policies in place - nationally(constitutions) and at the government departments level?

14. Challenges
Still gaps in implementation and creation of information laws in countries
Social: Recognized gap in the information access of women around the world because of cultural or legislative barriers.
Economic: lack of adequate legislation to support innovations in generation, analysis and sharing of information – hinders opportunities for economic advancement;
private bodies have started to perform functions which were previously carried out by public bodies.
Environmental: inadequate regulation and compliance to standards