WATER RIGHTS IN PRACTICE how can the poorest be reached?

1. WATER RIGHTS IN PRACTICEhow can the poorest be reached? DANIDA – DWF-Research – DIIS conference Water Reform and Access to Water for the Rural Poor September 19, 2006 Héctor Garduño

2. A big gap comes clear from the Conference background WAVE OF WATER REFORM decentralized decision making institutionalized user participation private property or user rights to water increasing reliance on market mechanisms … what about EQUITY? NO WONDER WHY THIS CONFERENCE IS SEARCHING FOR opportunities & strategies and constraints to ensure pro-poor outcomes

3. Contents: schematic experience

4. Approach: “do the thing right” Experiences responsible for WRAS in Mexico consultant on WRAS design in Namibia, South Africa, Sri Lanka & Uganda Lessons WRAS should not be perfect, “only” implementable how?... through the “PTA” 1st Stage 1993 -2000

5. What is “implementable”? • users able & willing to comply • authority capable to administer and enforce

6. How to design an implementable WRAS? … with a“Parallel Track Approach” 1 2 3 4 5 6 7 8 Policy Law Regulations Procedures & Inst Arr “Paper simulation” CAPACITY BUILDING Pilot implementation Gradual implementation

7. Contents: schematic experience

8. Approach: “do the right thing, not only the thing right”, from the IWRM perspective Experiences consultant in GW management projects on-the-ground in a number of developing countries, including Mexico Lessons a WRAS must be more than immaculate paperwork & modern IT it must contribute to IWRM through proper linkages to other tools 2nd Stage 2000 -2004

9. Waterwell drilling bans useless with no capacity to enforce WRAS

10. To make a WRAS a true management tool, integrate it to other tools(IWRM) example: aquifer stabilization

11. Contents: schematic experience

12. Concern: “do the right thing, not only the thing right”, from the SOCIAL & POLITICAL perspective Experiences more international consulting one year in South Africa - IWRM Implementation study for the WBI Lessons even though other developing countries did not have apartheid, they can learn from South Africa’s experience a WRAS cannot go beyond its economic &political framework… but should influence it 3rd STAGE: 2005 -2006

13. The GWP comb is not isolated

14. apartheid abolished in 1994, but…after political transformation, economic transformation is still pending in South Africa… to redress past inequities(Terreblanche Sampie 2002 A History of Inequality in South Africa 1652-2002)

15. … other developing countries such as Mexico need both transformations… through democracy

16. September/05/2006 Felipe Calderón was declared legalPresident by the elections tribunal September/17/2006 Andrés Manuel López Obrador was declared legitimatePresident by the National Democratic Convention …but it's not easy…in Mexico candidate AMLO advocated pro-poor government…and the right behaved illegally to win…

17. Help needed to ensure pro-poor water reform outcomes • Capacity Building to contribute to strong national water resources authorities that will • lead the way towards equitable IWRM under their own terms • promote fair public/private partnerships • Capacity Building to contribute to social empowerment to • demand government to put poverty eradication & environmental protection high in their agendas • fight for transparency and against corruption • Benchmarking to help developing countries achieve pro-poor water reform