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i d21 insights
research findings for development policymakers and practitioners
New directions
for water
governance
Water governance is a significant feature of
international development policymaking. There is
an increasing consensus on the need for improved
water governance to achieve the Millennium
Development Goals.
A series of international summit meetings, Despite many case studies of ‘good People in Nkayi district, Matabeleland, Zimbabwe,
most recently the Fourth World Water practice’, there has been a lack of enquiry discuss access to a hand-dug well, which is mostly
used for garden watering. This is a drought-prone
Forum in Mexico in 2006, have agreed and understanding as to how governance area and access to water is largely governed by
key principles of governance that shape actually works in relation to water, and strong social traditions, rather than formal rules.
water policy and management. These how to achieve equitable outcomes. This Frances Cleaver, 2005
principles include the need for integrated edition of id21 insights presents research
water resource management, increased that moves beyond the principles of good
participation of all water users (especially governance to improve our understanding use contrasting case studies of local
women) in financing and management, of how governance works in practice. water tariffs to show that governance
and a larger role for the private sector. encompasses a huge diversity of
These principles represent a shift in The complexity of water governance arrangements in different contexts.
international consensus about water Water governance is complex, with Although they focus on local governance
governance, from: many forms and contexts. Tom le arrangements, these profitability concerns
l state provision of water services to Quesne’s article considers the issue of have implications for wider processes of
regulated market provision scale: to what level is governance best water sustainability and access.
l centrally administered management to devolved for optimal water management
user-based management arrangements? Tom Slaymaker and Further research and action
l service-oriented management to Peter Newborne discuss the composite These articles illustrate some of the
resource-centred management. nature of rights. This helps us to breadth and complexity of water
t
However, such policies have been criticised understand mechanisms for governing
for being underpinned by narrowly neo- water access and allocations, such as
liberal economic principles, dominated the right to basic minimum amounts of Contents
by technical and managerial concerns, water. These mechanisms are shaped by
and informed by limited methodologies wider rights and resources in society, with
and empirical data. Non-governmental different outcomes for different people. Customary laws 2
organisations and campaigning groups Linden Vincent explains how The question of scale 3
have questioned the pro-privatisation participatory institutions are not a simple
focus, the neglect of ecological concerns, solution to water governance problems: Money matters in Tanzania 4
and equity issues. they are shaped by wider issues within a
society, such as power relations. Rural water supply in Nigeria 4
Challenging the consensus Faustin Maganga argues that Achieving water security 5
The recent ‘Water Governance: governance arrangements should draw
Challenging the Consensus’ seminar on customary laws. Rose Osinde and Water rights 5
series aimed to bring together academics Mandy Turner ask us to focus less on
and practitioners to critically explore high profile ‘water wars’ and more on Competition for water 6
key themes in water governance. It was local conflicts over water resources. In Useful websites 6
funded by the UK Economic and Social doing so, we see that water governance
Research Council and jointly organised is embedded in power relations that often
by the University of Bradford and the lead to the unequal distribution of other Bruce Lankford from the University of East Anglia,
UK, provided academic advice for this issue.
Overseas Development Institute (both resources (such as land and technology). B.Lankford@uea.ac.uk
in the UK) and the World Wildlife Fund. Robin Todd and Alexia Haysom
www.id21.org
www.id21.org
governance, but cannot cover all the issues. to work at the ‘messy middle’ between
t
We summarise the main areas for further national policymaking and local practices. Customary laws for
work: Making water governance work for managing water
Expanding the definition of governance
Water governance is more than just good
poor people
There is a continuing need to understand
resources
government. It works through networks how to improve water access for poor Current water governance reforms in most
and relationships between government, people. Single solutions are unlikely to be southern African countries focus on the
the public, private and voluntary sectors, effective: increasing the influence of poor legal systems for regulating water use.
community groups and citizens themselves. people in water governance requires a However, these countries have pluralistic
The contribution of these different partners range of inter-related interventions. legal systems, which include statutory
is essential for meeting the water targets in laws, the customary laws of different
Frances Cleaver and Tom Franks ethnic groups and Islamic law.
the Millennium Development Goals. Bradford Centre for International Development,
Recent research coordinated by the
Support at the interface Bradford BD7 1DP, UK
f.d.cleaver@bradford.ac.uk T +44 (0)1274 233967 University of Dar es Salaam in Tanzania
Water governance involves dynamic political t.r.franks@bradford.ac.uk T +44 (0)1274 235272 investigated whether neglecting customary
processes of power and negotiation, laws has negative consequences for poor
particularly between service providers See also people. The research, conducted in South
Papers from the ‘Water Governance: Challenging the
and users. The agreed principles of good Consensus’ series can be found at:
Africa, Zimbabwe and Tanzania, shows:
governance must be balanced with context- http://splash.bradford.ac.uk/home l Customary laws are often more effective
specific initiatives. There is a particular need than other water governance systems,
especially for poor people.
l Empirical evidence indicates that imposed
Water governance and poverty: a framework for analysis laws usually overshadow the survival of
customary practices. In conflicts between
Defining water governance This framework helps us to understand water local people and the state, the reality is that
Rogers and Hall, in their work for the Global governance as multi-layered, multi-dimensional imposed legal regimes are authoritative.
Water Partnership in 2003, define water and dynamic. There are no simple widely l There is a general lack of understanding
governance as ‘the range of political, social, applicable arrangements of optimal governance about customary laws amongst water
economic and administrative systems that that will always yield fair outcomes. Rather, management practitioners and policymakers
are in place to develop and manage water we see a rich diversity of context-specific in the three countries.
resources, and the delivery of water services, arrangements shaped by wider processes in
at different levels of society’. We build on this society. One key challenge is assessing how The importance of customary laws
by adding concepts of power and agency: we much these arrangements are likely to increase In rural South Africa, customary management
see water governance as ‘the system of actors, equity and sustainability in water access. structures play an important role in managing
resources, mechanisms and processes which The ideas and underlying links expressed in water resources and settling disputes over
mediate society’s access to water’. this framework are discussed at length in a water use. Traditional water governance
This definition helps to distinguish between forthcoming paper (an earlier draft is referenced structures respect the community norms and
governance, government and management, a below). We also discuss how the framework values that guide and inform how critical water
distinction sometimes blurred in the literature. can be applied in practice. This edition of id21 resources are consumed, managed, protected,
Government represents the formal structures insights provides examples of how different conserved and used. For example, local
through which the state orders its affairs, categories of resources (for example rights or responses to water scarcity show high levels of
including its water affairs. Management financial resources) are drawn on to develop cooperation and well-ordered social activity to
comprises the actual processes by which water specific mechanisms of access, with variable maintain and protect resources.
resources are allocated and delivered. Both outcomes for different groups of people. Customary laws are also important for
government and management form part of the conflict resolution. Evidence from rural South
wider system of governance which mediates Water Governance and Poverty: A Framework for Africa shows that traditional ways to settle
peoples’ access to water. Analysis, BCID Research Paper No.13, Frances Cleaver disputes can be very effective for disputes
and Tom Franks, 2005 (PDF) about water. This is also recognised by local
www.brad.ac.uk/acad/bcid/research/papers/ magistrate courts. However, these traditional
An analytical framework ResearchPaper13CleaverFranks.pdf
Drawing on these concepts, we have means could conflict with the Water Tribunals
developed an analytical framework to help Effective water governance, TEC Background Paper that were established in the New Water Act.
No 7, Global Water Partnership, by Peter Rogers and So far, most water sector reforms have not
understand how arrangements for water Alan W. Hall, 2003 (PDF)
governance are shaped and how they impact given sufficient importance to customary laws.
www.gwpforum.org/gwp/library/TEC%207.
on poor people. pdf207.pdf This research suggests:
l There is a need to improve our
understanding of the strengths of customary
Actors and agents water arrangements (whilst recognising their
(Stakeholders in water governance) weaknesses, such as gender inequality and
the limitations of elected leadership).
l New water governance measures should
build upon the strengths of customary water
laws and be designed from the ‘bottom-up’,
Resources Mechanisms Outcomes for through consultations with local people.
Non-material resources of access the poor l It is necessary to improve our understanding
such as institutions, (Specific (Gendered outcomes of possible negative impacts of new
social structures, rights arrangements of for poor people may be water governance legislation on individual
and entitlements, human resources shaping positive or negative) entitlements. For example, water licensing
attributes access to water) to individuals in South Africa’s former
homelands may erode the customary rights
Material resources of those who have no licenses.
such as the natural
environment, technology, Faustin P. Maganga
economic resources and Ecosystem Institute of Resource Assessment, University of Dar es
outcomes Salaam, P. O. Box 35097, Dar es Salaam, Tanzania
human capacities
efh@udsm.ac.tz
T + 255 22 2410144
See also
Processes The case studies and guidelines have been published
on the project website:
(Negotiation, decision-making and actions) www.nri.org/waterlaw
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Email id21@ids.ac.uk ISSN 1460-4205 © Institute of Development Studies 2007
Keywords: community initiatives, conflict, customary laws, governance, participation, rights, water, water governance, water security