The author scrutinizes the claim of policy-makers and experts that legal recognition of local water rights would reduce water conflict and increase water security and equality for peasant and indigenous water users. She analyzes two distinct 'top-down' and 'bottom-up' formalization policies in Peru and Bolivia - neoliberal the former, indigenist-socialist the latter. The policies have intended and unintended consequences and impact on marginalized peasants and the complex inter-legal systems for providing water security on the ground. This study seeks to debunk the official myth of the need to create state-centric, top-down legal security in complex, pluralistic water realities. The engagement between formal and alternative 'water securities' and controversial notions of 'rightness' is interwoven and contested; a complex setting is unveiled that forbids one-size-fits-all solutions. Peru's and Bolivia's case studies demonstrate how formalization policies, while aiming to enhance inclusion, in practice actually reinforce exclusion of the marginalized. Water rights formalization is certainly no panacea.

"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.

The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an intervention at a crucial moment into the shape and future direction of struggles for the right to water in a range of political, geographic and socio-economics contexts, seeking to be pro-active in defining what this struggle could mean and how it might be taken forward in a far broader transformative politics. The Right to Water engages with a range of approaches that focus on philosophical, legal and governance perspectives before seeking to apply these more abstract arguments to an array of concrete struggles and case studies. In so doing, the book builds on empirical examples from Africa, Asia, Oceania, Latin America, the Middle East, North America and the European Union.

An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.

This book addresses two major issues in natural resource management and political ecology: the complex conflicting relationship between communities managing water on the ground and national/global policy-making institutions and elites; and how grassroots defend against encroachment, question the self-evidence of State-/market-based water governance, and confront coercive and participatory boundary policing (‘normal’ vs. ‘abnormal’). The book examines grassroots building of multi-layered water-rights territories, and State, market and expert networks’ vigorous efforts to reshape these water societies in their own image – seizing resources and/or aligning users, identities and rights systems within dominant frameworks. Distributive and cultural politics entwine. It is shown that attempts to modernize and normalize users through universalized water culture, ‘rational water use’ and de-politicized interventions deepen water security problems rather than alleviating them. However, social struggles negotiate and enforce water rights. User collectives challenge imposed water rights and identities, constructing new ones to strategically acquire water control autonomy and re-moralize their waterscapes. The author shows that battles for material control include the right to culturally define and politically organize water rights and territories. Andean illustrations from Peru, Ecuador, Bolivia and Chile, from peasant-indigenous life stories to international policy-making, highlight open and subsurface hydro-social networks. They reveal how water justice struggles are political projects against indifference, and that engaging in re-distributive policies and defying ‘truth politics,’ extends context-particular water rights definitions and governance forms.

This book addresses two major issues in natural resource management and political ecology: the complex conflicting relationship between communities managing water on the ground and national/global policy-making institutions and elites; and how grassroots defend against encroachment, question the self-evidence of State-/market-based water governance, and confront coercive and participatory boundary policing (‘normal’ vs. ‘abnormal’). The book examines grassroots building of multi-layered water-rights territories, and State, market and expert networks’ vigorous efforts to reshape these water societies in their own image – seizing resources and/or aligning users, identities and rights systems within dominant frameworks. Distributive and cultural politics entwine. It is shown that attempts to modernize and normalize users through universalized water culture, ‘rational water use’ and de-politicized interventions deepen water security problems rather than alleviating them. However, social struggles negotiate and enforce water rights. User collectives challenge imposed water rights and identities, constructing new ones to strategically acquire water control autonomy and re-moralize their waterscapes. The author shows that battles for material control include the right to culturally define and politically organize water rights and territories. Andean illustrations from Peru, Ecuador, Bolivia and Chile, from peasant-indigenous life stories to international policy-making, highlight open and subsurface hydro-social networks. They reveal how water justice struggles are political projects against indifference, and that engaging in re-distributive policies and defying ‘truth politics,’ extends context-particular water rights definitions and governance forms.

In The Human Right to Water in Latin America, Anna Berti Suman investigates the development of the right to water and of water law in the Latin American context. By examining the significance of Latin American constitutional evolution, doctrine, and jurisprudence, the author illustrates the Latin American contribution in stimulating the social, political, and economic debate on the right to water, regionally and worldwide. Through an overview on the right to water in Latin American constitutions and of the main Latin American water management systems, Suman argues that an analysis of the right to water has to take account of its application in specific contexts. The intrinsic connection between the right to water and the role of the private sector is examined through topical insights into the highly privatized Chilean water services. In the conclusion, the relevance of the lessons learnt from the Latin American experience for the global debate on the right to water is convincingly proved.