Formal Law and Local Water Control in the Andean Region: A Fiercely Contested Field

Abstract

Water access and control rights of peasant and indigenous communities in Andean countries are threatened. Vertical state law and intervention practices, as well as new privatization policies generally ignore, discriminate or undermine local normative frameworks. Recognition of diverse local rights and management frameworks is crucial for improving rural livelihoods but also for national food security. The paper outlines some important findings from the WALIR program (Water Law and Indigenous Rights). It analyses official water policy in the Andean region in relation to local socio-legal repertoires. The paper concludes that support of civil society platforms and peasant and indigenous groups for contestation or reformulation of official law is crucial for the survival of local management systems.

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