A hybrid approach to decolonize formal water law in Africa

Abstract

The publications in this series cover a wide range of subjects-from computer modeling to experience with water user associations-and vary in content from directly applicable research to more basic studies, on which applied work ultimately depends. Some research reports are narrowly focused, analytical and detailed empirical studies; others are wide-ranging and synthetic overviews of generic problems. Although most of the reports are published by IWMI staff and their collaborators, we welcome contributions from others. Each report is reviewed internally by IWMI staff, and by external reviewers. The reports are published and distributed both in hard copy and electronically (www.iwmi.org) and where possible all data and analyses will be available as separate downloadable files. Reports may be copied freely and cited with due acknowledgment. About IWMI IWMI's mission is to provide evidence-based solutions to sustainably manage water and land resources for food security, people's livelihoods and the environment. IWMI works in partnership with governments, civil society and the private sector to develop scalable agricultural water management solutions that have a tangible impact on poverty reduction, food security and ecosystem health.

Optimising the water we eat—rethinking policy to enhance productive and sustainable use of water in agri-food systems across scales

“…36 Cases of fraud, bribery, and corruption have also been observed. 43 van Koppen and Schreiner 44 concluded that "permit systems widen inequalities and their implementation is logistically impossible" based on an analysis of five sub-Saharan African countries. This situation is attributed to the colonial roots of the system, which over-ride customary water rights regimes and marginalise smallholders that do not have permits, because they are too expensive or too complicated to receive, and de jure criminalise users without a permit.…”

The right to water for food and agriculture

“…There can be informal arrangements governing the use of the resource in this context that can be vulnerable to unequal power relations and discriminatory practices (Alden Wily et al�, 2017). Nevertheless, while formal water management reform agendas aspire to improve access to water in fragile communities, they may be less robust, dynamic and livelihood-oriented in comparison to informal communitybased water management arrangements (Meizen-Dick and Nkonya, 2007;van Koppen, 2017).…”

“…In each of these jurisdictions, use of water for subsistence purposes is granted top priority, and in the instance of Spain and Greece, agriculture and irrigation are ranked second. However, categories used for prioritization are often general in nature and, for example, do not distinguish between water use for subsistence agriculture and production of cash crops (van Koppen and Schreiner, 2018).…”

“…An additional mechanism could be through implementation of a tiered licensing system that applies more stringent checks and controls upon the activities of high impact users, as is applied in Kenya (van Koppen and Schreiner, 2018). Furthermore, due process within licensing systems can also ensure consideration of the needs of small and vulnerable users (van Koppen and Schreiner, 2018). This is demonstrated in the case of Malawi's Water Resources Act 2013, which requires that consideration must be given to traditional communities, and customary rights and practices when determining whether to issue a water use licence.…”

An Overview of Water Markets in Southern Africa: An Option for Water Management in Times of Scarcity

“…However, there have been instances where the agreements of the joint venture are vague, resulting in smallholder farmers not benefiting from anything due to a lack of understanding of the terms and conditions of the agreements. In such instances, the governments intervene to rescue the disadvantaged smallholder farmers [72,73].…”