Living customary water tenure in rights-based water management in Sub-Saharan Africa

Living customary water tenure is the most accepted socio-legal system among the large majority of rural people in sub-Saharan Africa. Based on literature, this report seeks to develop a grounded understanding of the ways in which rural people meet their domestic and productive water needs on homeste...

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Autor principal: van Koppen, Barbara
Formato: Informe técnico
Lenguaje:Inglés
Publicado: International Water Management Institute 2022
Materias:
Acceso en línea:https://hdl.handle.net/10568/120948
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author van Koppen, Barbara
author_browse van Koppen, Barbara
author_facet van Koppen, Barbara
author_sort van Koppen, Barbara
collection Repository of Agricultural Research Outputs (CGSpace)
description Living customary water tenure is the most accepted socio-legal system among the large majority of rural people in sub-Saharan Africa. Based on literature, this report seeks to develop a grounded understanding of the ways in which rural people meet their domestic and productive water needs on homesteads, distant fields or other sites of use, largely outside the ambits of the state. Taking the rural farming or pastoralist community as the unit of analysis, three components are distinguished. The first component deals with the fundamental perceptions of the links between humankind and naturally available water resources as a commons to be shared by all, partially linked to communities’ collective land rights. The second component deals with the sharing of these finite and contested naturally available water resources, especially during dry seasons and droughts. Customary arrangements shape both the ‘sharing in’ of water resources within communities and the ‘sharing out’ with other customary communities or powerful third parties. Since colonial times, communities have been vulnerable to those third parties grabbing water resources and overriding customary uses and governance. The third component deals with infrastructure to store and convey water resources. Since time immemorial, communities have invested in infrastructure for self supply, ranging from micro-scale soil moisture retention techniques to large-scale collective deep wells. As increasingly recognized in both the water, sanitation and hygiene (WASH) and irrigation sectors, this component of self supply is rapidly expanding. In all three components, local diversity is high, with gender, class and other social hierarchies intertwining with social safety nets, neighborliness and moral economies. The study derives two sets of implications for state and non-state policies, laws and interventions. First, state legislation about the sharing of water resources should recognize and protect living customary water tenure, especially through due process in ‘sharing out’ water with powerful third parties. Remarkably, water law, which is dominated by permit systems in sub-Saharan Africa, lags behind other legislation in recognizing customary water tenure (see IWMI Research Report 182). Second, by taking communities’ self supply for multiple uses as a starting point for further water infrastructure development, the WASH, irrigation and other sectors can follow the priorities of communities, including the most vulnerable; identify cost-effective multi-purpose infrastructure; develop local skills; and, hence, contribute more sustainably to achieving more United Nations Sustainable Development Goals (SDGs), in particular SDGs 1, 2, 3, 5, 6 and 13. Further historical and interdisciplinary research to achieve these benefits is recommended.
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spelling CGSpace1209482025-11-07T08:46:08Z Living customary water tenure in rights-based water management in Sub-Saharan Africa van Koppen, Barbara water tenure customary tenure water rights water management water law customary law water resources water sharing infrastructure water supply multiple use water services rural communities water allocation sustainable development goals water, sanitation and hygiene norms policies legislation water governance water quality water distribution water permits conflicts costs gender women right to water right to food households living standards drinking water domestic water farmer-led irrigation pastoralists livestock land water security nexus approaches Living customary water tenure is the most accepted socio-legal system among the large majority of rural people in sub-Saharan Africa. Based on literature, this report seeks to develop a grounded understanding of the ways in which rural people meet their domestic and productive water needs on homesteads, distant fields or other sites of use, largely outside the ambits of the state. Taking the rural farming or pastoralist community as the unit of analysis, three components are distinguished. The first component deals with the fundamental perceptions of the links between humankind and naturally available water resources as a commons to be shared by all, partially linked to communities’ collective land rights. The second component deals with the sharing of these finite and contested naturally available water resources, especially during dry seasons and droughts. Customary arrangements shape both the ‘sharing in’ of water resources within communities and the ‘sharing out’ with other customary communities or powerful third parties. Since colonial times, communities have been vulnerable to those third parties grabbing water resources and overriding customary uses and governance. The third component deals with infrastructure to store and convey water resources. Since time immemorial, communities have invested in infrastructure for self supply, ranging from micro-scale soil moisture retention techniques to large-scale collective deep wells. As increasingly recognized in both the water, sanitation and hygiene (WASH) and irrigation sectors, this component of self supply is rapidly expanding. In all three components, local diversity is high, with gender, class and other social hierarchies intertwining with social safety nets, neighborliness and moral economies. The study derives two sets of implications for state and non-state policies, laws and interventions. First, state legislation about the sharing of water resources should recognize and protect living customary water tenure, especially through due process in ‘sharing out’ water with powerful third parties. Remarkably, water law, which is dominated by permit systems in sub-Saharan Africa, lags behind other legislation in recognizing customary water tenure (see IWMI Research Report 182). Second, by taking communities’ self supply for multiple uses as a starting point for further water infrastructure development, the WASH, irrigation and other sectors can follow the priorities of communities, including the most vulnerable; identify cost-effective multi-purpose infrastructure; develop local skills; and, hence, contribute more sustainably to achieving more United Nations Sustainable Development Goals (SDGs), in particular SDGs 1, 2, 3, 5, 6 and 13. Further historical and interdisciplinary research to achieve these benefits is recommended. 2022-08-26 2022-08-26T08:41:02Z 2022-08-26T08:41:02Z Report https://hdl.handle.net/10568/120948 en Open Access application/pdf International Water Management Institute van Koppen, Barbara. 2022. Living customary water tenure in rights-based water management in Sub-Saharan Africa. Colombo, Sri Lanka: International Water Management Institute (IWMI). 41p. (IWMI Research Report 183) [doi: https://doi.org/10.5337/2022.214]
spellingShingle water tenure
customary tenure
water rights
water management
water law
customary law
water resources
water sharing
infrastructure
water supply
multiple use water services
rural communities
water allocation
sustainable development goals
water, sanitation and hygiene
norms
policies
legislation
water governance
water quality
water distribution
water permits
conflicts
costs
gender
women
right to water
right to food
households
living standards
drinking water
domestic water
farmer-led irrigation
pastoralists
livestock
land
water security
nexus approaches
van Koppen, Barbara
Living customary water tenure in rights-based water management in Sub-Saharan Africa
title Living customary water tenure in rights-based water management in Sub-Saharan Africa
title_full Living customary water tenure in rights-based water management in Sub-Saharan Africa
title_fullStr Living customary water tenure in rights-based water management in Sub-Saharan Africa
title_full_unstemmed Living customary water tenure in rights-based water management in Sub-Saharan Africa
title_short Living customary water tenure in rights-based water management in Sub-Saharan Africa
title_sort living customary water tenure in rights based water management in sub saharan africa
topic water tenure
customary tenure
water rights
water management
water law
customary law
water resources
water sharing
infrastructure
water supply
multiple use water services
rural communities
water allocation
sustainable development goals
water, sanitation and hygiene
norms
policies
legislation
water governance
water quality
water distribution
water permits
conflicts
costs
gender
women
right to water
right to food
households
living standards
drinking water
domestic water
farmer-led irrigation
pastoralists
livestock
land
water security
nexus approaches
url https://hdl.handle.net/10568/120948
work_keys_str_mv AT vankoppenbarbara livingcustomarywatertenureinrightsbasedwatermanagementinsubsaharanafrica