Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus
Despite the progress made in conceptualizing and advocating for secure community-based land and forest tenure rights, there is a critical lacuna in advocacy and policymaking processes pertaining to community-based freshwater tenure rights. Moreover, water tenure as a concept has only recently gained...
| Main Authors: | , |
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| Format: | Informe técnico |
| Language: | Inglés |
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International Water Management Institute
2022
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| Subjects: | |
| Online Access: | https://hdl.handle.net/10568/120964 |
| _version_ | 1855528217057689600 |
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| author | Troell, J. Keene, S. |
| author_browse | Keene, S. Troell, J. |
| author_facet | Troell, J. Keene, S. |
| author_sort | Troell, J. |
| collection | Repository of Agricultural Research Outputs (CGSpace) |
| description | Despite the progress made in conceptualizing and advocating for secure community-based land and forest tenure rights, there is a critical lacuna in advocacy and policymaking processes pertaining to community-based freshwater tenure rights. Moreover, water tenure as a concept has only recently gained significant traction in global policy circles. This report analyzes national and international legal pathways for recognizing customary forms of community-based freshwater tenure rights held by Indigenous Peoples and Local Communities (IPLCs) in sub-Saharan Africa. It employs a methodological framework and builds on an analysis of community-based water tenure systems that was developed and applied by the Rights and Resources Initiative (RRI) and the Environmental Law Institute (ELI) in the publication Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-Descendants’, and Local Communities’ Water Tenure. Based on the key findings of this analysis, in particular the frequent dependence of IPLCs’ legally recognized customary water tenure rights on their legally recognized land and/or forest rights, this report further analyzes national constitutions, national legislation governing water, land, forests, environmental protection and other related matters, international and national case law, and international and regional human rights laws, to explore how legal frameworks are recognizing and protecting customary water tenure rights across sub-Saharan Africa. The findings and recommendations provide a basis for analyzing the comparative effectiveness and potential drawbacks of these legal pathways for the recognition and protection of customary water tenure and ultimately for future work refining and improving legislation and assessing progress in its implementation and enforcement. |
| format | Informe técnico |
| id | CGSpace120964 |
| institution | CGIAR Consortium |
| language | Inglés |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | International Water Management Institute |
| publisherStr | International Water Management Institute |
| record_format | dspace |
| spelling | CGSpace1209642025-11-07T08:44:17Z Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus Troell, J. Keene, S. water tenure customary tenure legislation water law customary law land tenure water resources nexus approaches freshwater indigenous peoples' tenure rights local communities rural areas water rights land rights forests legal frameworks water governance human rights gender women livelihoods food security sustainable development government regional organizations constitution policies water user associations participation transboundary waters international law Despite the progress made in conceptualizing and advocating for secure community-based land and forest tenure rights, there is a critical lacuna in advocacy and policymaking processes pertaining to community-based freshwater tenure rights. Moreover, water tenure as a concept has only recently gained significant traction in global policy circles. This report analyzes national and international legal pathways for recognizing customary forms of community-based freshwater tenure rights held by Indigenous Peoples and Local Communities (IPLCs) in sub-Saharan Africa. It employs a methodological framework and builds on an analysis of community-based water tenure systems that was developed and applied by the Rights and Resources Initiative (RRI) and the Environmental Law Institute (ELI) in the publication Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-Descendants’, and Local Communities’ Water Tenure. Based on the key findings of this analysis, in particular the frequent dependence of IPLCs’ legally recognized customary water tenure rights on their legally recognized land and/or forest rights, this report further analyzes national constitutions, national legislation governing water, land, forests, environmental protection and other related matters, international and national case law, and international and regional human rights laws, to explore how legal frameworks are recognizing and protecting customary water tenure rights across sub-Saharan Africa. The findings and recommendations provide a basis for analyzing the comparative effectiveness and potential drawbacks of these legal pathways for the recognition and protection of customary water tenure and ultimately for future work refining and improving legislation and assessing progress in its implementation and enforcement. 2022 2022-08-30T06:19:48Z 2022-08-30T06:19:48Z Report https://hdl.handle.net/10568/120964 en Open Access application/pdf International Water Management Institute Troell, J.; Keene, S. 2022. Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus. Colombo, Sri Lanka: International Water Management Institute (IWMI). 33p. (IWMI Research Report 182) [doi: https://doi.org/10.5337/2022.215] |
| spellingShingle | water tenure customary tenure legislation water law customary law land tenure water resources nexus approaches freshwater indigenous peoples' tenure rights local communities rural areas water rights land rights forests legal frameworks water governance human rights gender women livelihoods food security sustainable development government regional organizations constitution policies water user associations participation transboundary waters international law Troell, J. Keene, S. Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title | Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title_full | Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title_fullStr | Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title_full_unstemmed | Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title_short | Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus |
| title_sort | legal recognition of customary water tenure in sub saharan africa unpacking the land water nexus |
| topic | water tenure customary tenure legislation water law customary law land tenure water resources nexus approaches freshwater indigenous peoples' tenure rights local communities rural areas water rights land rights forests legal frameworks water governance human rights gender women livelihoods food security sustainable development government regional organizations constitution policies water user associations participation transboundary waters international law |
| url | https://hdl.handle.net/10568/120964 |
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