‘Clean water is a fundamental right’
Generation UU
Every person has a right to drinking water. And there’s enough for everyone, according to Professor of European and Dutch Water Law Marleen van Rijswick and PhD candidate Daphina Misiedjan. Problem solved, then? Not quite. Not everyone in the world has access to water, not by a long shot. According to the two UU researchers, the problem is not quantitative but normative in nature: how is water distributed and who decides on that distribution?
Marleen van Rijswick: ‘The great thing about water is that its importance is easy for people to understand: everyone knows what it is and everyone knows that we can’t do without it. The only thing is that when the topic comes up, legislation doesn’t tend to be the first thing that pops into people’s minds.’
Daphina Misiedjan: ‘Regulations can result in a great deal of conflict. That fact was also something that we saw very clearly in our case study in Yemen. The law considers water to be a “god-given” resource to which everyone is entitled. However, at the same time, legislation exists which stipulates that water is to be allocated through licences. The laws are rooted in different normative perspectives. People think: “Why do I need to pay for it and apply for a licence if it’s something to which I have a right?” There’s a huge clash involved.
As researchers, we are only small drops in the ocean of the global water issue, but we hope to offer a few nudges in the right direction. For example, on World Water Day, I tried to make clear in an item for the Kids News in Suriname that clean water is not an act of charity or a favour on the part of the government but a fundamental human right. That same day, a report of our work was presented to the Chair of the National Assembly of Suriname, the Surinamese parliament. We are offering concrete proposals for updates to the water legislation in Suriname – which still dates back to colonial times. It’s great to see that the Chair of the National Assembly is on board with what we’re doing.’
Marleen: ‘Thankfully, we have excellent water legislation in place within the Netherlands. However, before you can advise another country on how to go about things, you do need to understand just why it is that things work so well here. And that isn’t easy. Is it the technology, the investment in knowledge, our level of development, the legislation, the funding method, the institutional structure – with the District Water Boards being in charge of water management at the regional level – or a combination of some, or all, of these things? Utrecht University is the only university in the Netherlands carrying out research into the legal side of sustainable water management on this scale. We are exploring how the law can contribute solutions to key societal challenges such as access to water, protection of nature, flooding, pollution, shortages and public health. But law alone can’t provide the solutions to all these issues. That’s why we’re working closely with other disciplines on a global scale. I’m very proud of that collaboration – especially so, given that multidisciplinary research in the legal field is a fairly recent development. We all need each other if we are to make a real difference in the transition to a sustainable society.’
Daphina: ‘All in all, I’m very optimistic about the future. If we really want to, we can find good solutions to all these problems. The only question is: do we have that level of commitment?’
Marleen: ‘People have to be willing to talk about redistribution and knowledge sharing. Just holding on to what you have isn’t good enough. One of the reasons that the Netherlands did not endorse the United Nations resolution enshrining the right to water was the fear that this development creates an obligation to help others. But what is it that you want? If you are only willing to help solve a problem as long as you’ll turn a profit off it, it’s going to make progress very difficult.
We’ve still got a long way to go when it comes to striking the right balance between economic considerations on the one hand and water quality and pollution from sources such as drugs, pesticides, fertiliser and microfibres on the other. Should we be worried? No. We are more than capable of sorting out the issue of water quality. All that is required of us is that we make choices.’
Rijswick and Misiedjan told their story about water management at University Day in April.
What can the different generations learn from each other?
Marleen: ‘I learn a great deal from my PhD candidates. Most of them have an open mind and a lot of grit. They do things that impress me greatly, such as appearing in the media and speaking at large-scale events attended by prominent guests. That takes guts and it’s very inspiring. They also have a much more international outlook than I did when I was in their position. Daphina is a great example: she has a strong personality and she’s very socially engaged. She’s very good at promoting her research to the outside world and making sure that she reaches people outside the scientific community as well. Exactly the kind of person which the university needs.’
Daphina: ‘Marleen is very approachable and makes time for everyone. Her level of experience means that she can easily and tactfully point out any flaws in your research. And she always has a solution. She doesn’t tell you what to do, but gives your creativity free rein, so that you can be successful following your strengths. It’s a great partnership.’
Source: Illuster
Text: Hanneke Olivier
Photo: Ivar Pel