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Towards voluntary guidelines for
people-centred land-water tenure.
The untapped synergies between
rights-based land and wa...
Framing the land-water nexus
•What justifies the emphasis on coordination?
•What is ‘coordinated governance’?
•What are ri...
What is coordinated governance?
People-centred
•People’s perspectives are holistic:
•integrated natural resources (land, w...
What is coordinated governance?
Issue-based; framing the issues
Continuing issues, for example
•Irrigation infrastructure ...
What can water constituencies learn from the
land constituencies?
Why does water remain invisible?
Land constituencies, un...
1. People, including the marginalized?
Stuck in monolithic single-use ‘sectors’
•Domestic uses: ‘water for people’: rights...
2. Customary rights ?
Dominant statutory water law: the permit system
•vests ownership of water resources in the state
•di...
Continuing colonial dispossession?
•Roman law : vesting ownership in emperor,
dispossessing conquered peoples
•Colonizatio...
Contemporary permit systems:
a. as people’s entitlements (long-term)
•Reinforce formal dispossession of small-scale users
...
Allow the state to regulate ‘in the public interest’, by
prohibiting new water uptake or enforcing conditions:
•Putting ca...
•Core minimum: respect, protect, and fulfill small-scale
users’ water resources entitlements for the
progressive realizati...
•Target regulatory permits and enforcement first to
high-impact users, also in investment treaties, with
locally appropria...
~ 22 ha
Source: DWA WARMS data and B. Schreiner
Registered volumes of water by number of users
in the Inkomati water manag...
3. Global rights-based dialogue ?!
Towards voluntary guidelines for people-
centred land-water tenure
•Process: joint peop...
Thank you for your kind attention
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Towards Voluntary Guidelines for People-Centered Land-Water Tenure - The Untapped Synergies between Rights-Based Land and Water Governance

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Presented by IWMI's Barbara van Koppen, Rural Sociologist & Gender Expert, at the GWP-ILC-IWMI workshop: Responding to the Global Food Security Challenge through Coordinated Land and Water Governance held in Pretoria, South Africa, June 15, 2015.

Published in: Environment
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Towards Voluntary Guidelines for People-Centered Land-Water Tenure - The Untapped Synergies between Rights-Based Land and Water Governance

  1. 1. Towards voluntary guidelines for people-centred land-water tenure. The untapped synergies between rights-based land and water governance Barbara van Koppen International Water Management Institute
  2. 2. Framing the land-water nexus •What justifies the emphasis on coordination? •What is ‘coordinated governance’? •What are risks or missed opportunities when coordination is lacking? •What are gains of better coordination? This presentation: •What can the water constituencies learn from, and offer to the land constituencies?
  3. 3. What is coordinated governance? People-centred •People’s perspectives are holistic: •integrated natural resources (land, water resources, water infrastructure, other) •integrated (‘indivisible’) human wellbeing •Especially for vulnerable women and men in rural and peri-urban areas with diversified livelihoods who directly depend on natural resources •People-centred: The ‘bottom-up pull’ for coordinated and demand-driven public governance support
  4. 4. What is coordinated governance? Issue-based; framing the issues Continuing issues, for example •Irrigation infrastructure services for poverty reduction and gender equality (public/public-private; with/without land reform; etc.) New issues, for example: •Growing competition and growing inequalities in access to water resources (e.g., land-/water ‘grabs’) •Disproportionate claims by the ‘haves’ (Gini SA= 0.99) •‘Core minimum’ access to water resources for ‘small- scale’ users for basic health and wealth (public and self-supply – informal/local/indigenous)
  5. 5. What can water constituencies learn from the land constituencies? Why does water remain invisible? Land constituencies, unlike water constituencies, focus on: 1. People, including the marginalized 2. Customary rights 3. Global rights-based dialogue
  6. 6. 1. People, including the marginalized? Stuck in monolithic single-use ‘sectors’ •Domestic uses: ‘water for people’: rights-based priority, but very narrow; no intra-sectoral differentiation •Productive uses: abstract aggregates; no intra-sectoral differentiation; stereotyping e.g., gender, commercial •Competition ‘between sectors’ •mystifies the negotiation between people (multiple water needs) investing in (multi-purpose) infrastructure for access to (multiple) water resources •depoliticizes power differences
  7. 7. 2. Customary rights ? Dominant statutory water law: the permit system •vests ownership of water resources in the state •dispossesses customary/informal water rights •accepted in Africa; contested in Latin America; adjusted in Asia (e.g., Nepal, China) •Africa: continuing colonial dispossession?
  8. 8. Continuing colonial dispossession? •Roman law : vesting ownership in emperor, dispossessing conquered peoples •Colonization Latin America and most of Africa: vesting ownership in European rulers •Independence: replacing ‘European’ by ‘the president’ •IWRM-era: revitalizing permits, plus in Africa: taxation
  9. 9. Contemporary permit systems: a. as people’s entitlements (long-term) •Reinforce formal dispossession of small-scale users •Favour large-scale investors: •De facto administration-proficiency; excludes women; corruption prone •De jure discrimination of customary land title holders when formal land titles are a permit condition •Taxation: perverse incentives; rent-seeking; over- allocation; ‘those who can pay are entitled to water’; corruption prone
  10. 10. Allow the state to regulate ‘in the public interest’, by prohibiting new water uptake or enforcing conditions: •Putting caps on volumes •Regulating waste discharge •Ensuring water re-allocation from the ‘haves’ to the ‘have-nots’ (e.g., South Africa) •Potential: negotiating benefit sharing when new storage and infrastructure is developed, or compensation So allow the state to move towards…. : Contemporary permit systems b. as state regulation (short-term)
  11. 11. •Core minimum: respect, protect, and fulfill small-scale users’ water resources entitlements for the progressive realization of the right to food, gender equality, other human rights (e.g. Priority General Authorizations; vesting permits in rural local governments) •People-centered prioritization during water scarce periods •Redistributive water reform once ‘water frontiers’ have been reached; easier to prevent! •Water resources as ‘the commons’ Towards people-centred and rights-based a. water entitlements
  12. 12. •Target regulatory permits and enforcement first to high-impact users, also in investment treaties, with locally appropriate conditions (core minimum of water resource entitlements; waste discharge; sharing of benefits in infrastructure investments, etc.) •Quantify volumes and jobs per drop Towards people-centred and rights-based b. state regulation
  13. 13. ~ 22 ha Source: DWA WARMS data and B. Schreiner Registered volumes of water by number of users in the Inkomati water management area
  14. 14. 3. Global rights-based dialogue ?! Towards voluntary guidelines for people- centred land-water tenure •Process: joint people-centred processes to ensure informed, voluntary and prior consent to water-land investments at local, national and international levels •Substance: joint framing of issues for rights-based land, water, forestry, and fisheries, for example: •Accelerated land-water infrastructure services: a human right to 100 lpcd near homesteads? •‘Core minimum’ water resource entitlements to realize indivisible human rights •Negotiations with high-impact users for compensation and shared benefits, also in investment contracts
  15. 15. Thank you for your kind attention

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