I Want To Move A Window In My Bathroom

reviews the book "Water Rights and Conflicts in Peru "


edited by Armando Guevara Gil

Fernando Eguren - October 2008

1. Alex Guerra and Victor Saco, law and water issues in Peru
2. Laureano del Castillo Pinto, legal regime
water 3. Ortiz Ivan Sanchez, author of watersheds and water resources management. An approach
4. Carlos Pereyra, and cross-regional conflicts over water in Peru
5. Balvín Doris Diaz, The Andean watersheds from pollution mining
6. Guido Bocchio Carbajal, Water & Mining: conflict management
7. Jan Hendriks, local water management and national legislation in Peru
8. Armando Guevara Gil, water rights, legal pluralism and social concretions of law.
9. Elizabeth Salmon Garate, Pedro Villanueva Bogan, international law's contributions to the construction of the human right to water.

Since 1992 he has been discussing an alternative draft water law. The first project fell into the hands of Bertha Consiglieri of CEPES, thanks to the disloyalty of a friend of the ministry of Agriculture. This first draft, prepared by stealth, posed an awkward privatization of water, not the right to the resource, but on the resource itself. It was mentioned that the project had been prepared by a Chilean lawyer, on the basis of the law of that country's waters, but was frankly much more coarse than the original model. The idea was to create the basis for the development of a water market.

CEPES We got to the mission of making public the project maintained in strict confidence, which caused unrest in the agriculture ministry, then led by Absalon Vasquez (who just got out of prison on charges of fraud involving forged signatures for the election of President Fujimori.) From that moment Laureano del Castillo was practically appointed by the CEPES that it might be a critical monitoring of this and successive water bills that were replacing one another, and invariably were rejected by the users of the field There was every opportunity for debate in those years. There were several reasons for this rejection: the fear of privatization of water (possibly held in the memory control over water was one of the mechanisms that allowed the expansion of the farms), then on the coast especially without irrigation agriculture there. Whoever controls the water controls the land.

Where did this urge to change the law ____, given by the Velasco government shortly after the reform, which stated that water was the only State of the State? Possibly from several sources, but perhaps the main one was the World Bank. The Bank was very active for states to adopt neoliberal policies in Latin America, one of whose features was remove the hand of the state from interfering in the markets and make good all that could be susceptible buying and selling, even natural resources, considered the nation. Lending by the Bank was subject to these changes. The Fujimori government did not need too much pressure to align with the Bank's policies.

One of the officials of that institution, a Pakistani highly educated and refined, by the way, seemed like a good person, but with economic belief bordering on religion, was sent by the World Bank to Peru to preach the benefits of Privatization of water rights. I had read a paper of his in which he stated that the only country in the world to have national legislation to regulate a market water rights was Chile. The question fell under its own weight, and raised it, why he thought that a water market was the best way to allocate this resource if only one country of nearly two hundred had taken? His laconic response was "It's a process that has just started." It seems that this process has not progressed much.

The fact is that much water has flowed under the bridges, and 16 years after the first project, yet there is no new water law. Successive projects were softening their brand privatizing, as it happened to privatize water, privatize water rights, a-in newer versions, to talk about concessions. I know of no study of this long and frustrating process for all parties, yes there is a widespread feeling enter different types of users and the State that the law, even with subsequent reforms (such as giving Boards Users and Irrigation Commissions responsibility for water management in the business that consumes more water than is the agro). Certainly the recent decrees that focus on the agriculture ministry's authority over water are far from satisfying the demands of a regulatory body Nuervo.

If there is a widespread feeling that we need a new body of law on water, the reasons for the changes required are diverse.

This is one of the main themes of the book edited by Armando Guevara. All the authors argue that the legislation was in force when the book was published had to be changed (which was printed before the legislative decrees 1081-which creates the National Water Resources and Water Authority (ANA) in the ministry of Agriculture as lead agency, and 1083, which declares the national interest of water conservation and efficient use).

are several arguments. One is that there is a limited supply of water, punctuated by Laureano del Castillo ("The legal regime of water"). First, because the demographic shifts have been 'siphoning' the population of the basin where water is plentiful, the Great Basin-eastern Amazon to the multiple but small watersheds in western Venezuela. In fact, between 1972 and 2007 the population on the coast has increased 2.4 times, from 46% to about 55% of the total population.
The problem is exacerbated by the effects of climate change that is accelerating the disappearance of glaciers that provide a significant fraction of water of the rivers that supply agriculture, industries and populations and a source of hydropower. Current legislation does not seem to be attuned to the risks posed by this shortage on especially on the coast.
In my opinion, the book does not adequately reflect the seriousness posed by water scarcity, and how this shortage should also be expressed in rules governing the management and resource use. But to be fair, I think awareness of the effects that climate change may have on water supply, especially on the coast, has accelerated in the last year. Not that there has been no prior information, but be aware of a problem is not the immediate result of having the necessary information. No doubt that if the seminar that causes the book is now done, would give more space to the relationship between resource scarcity and the need for rules to deal with it.

Jan Hendriks ("local water management and national legislation in Peru") has other arguments supporting the need for change in water legislation. The legislation, highlights, does not include the "social covenant or agreement of coexistence among different people with different interests," which leads into "disassociation between national law and the realities that exist and evolve within the country."

Not surprisingly, "I say as the water law still in force-Law 17752 - was given by the Velasco government without any participation of civil society and, obviously, a non-existent Legislature. Nor were they discussed other important regulations issued by the Executive (DS-AG 37-89 transferring the responsibilities for operation, maintenance and management of irrigation systems to user boards, the DS 03-90 which establishes the rules of Tarifa fees for water use, and the DS 057-2000-AG, Water Management Organization, and finally the recent legislative decrees ¬ you). Hendriks

precise examples of this dissociation between law and actual practices:
- in granting water rights
- in water allocation criteria
- in the determination of tariffs, quotas and contributions
- in transfers in the use water and
- water organizations.

In an act of faith in the political, commendable in the political context we live in, Hendriks states "... that the state can make more systematic efforts to meet local realities and the different notions of law and water management ... "and the legislation must meet criteria of" legal pluralism, equity, social cohesion and sustainability. " Hendriks

actually goes beyond what they are "different interests", and also considers the need to respect certain individual and common values \u200b\u200bfor water. In this connects very While the article approaches the Armando Guevara ("water rights, legal pluralism and social realization of the right"), for whom the type of relationship between society and natural resources is a cultural fact, and as such there are different regulatory systems that not only must be known and respected, but considered on an equal footing with state standards. The vocation of the 'Andean states', since they were founded, he stresses, has been to deal with difference.

Guevara takes the debate into deeper water, it should be.

understand that Guevara's vision can lead to consider state law in the circumstances ignoring other regulatory systems, such as those illegitimate legitimacy is given by these other different systems. In any case, this mismatch is a source of conflict in which they are the latter-what might be called cultural minorities, those who lose out, as are those who do not have to turn the support of official authority.

Not only that. Especially in areas recently communicated, knowing the law or not to know can have very large. This is the case, using examples from the reality that a community has not formalized its access rights to certain water sources that have always been right, ignorance of the rule, while knowledge of it allows a mining company to acquire the rights to them. Knowing whether or not the law is a secondary fact in a country like ours, where to start rural illiteracy is very high (almost 20% nationally, but around 25% in six departments), and therefore also very high chances of not knowing the written law. If the state and now that there are regional governments, this will also compete, not proactive in disseminating laws, and not proactive, then the law must always have a bias against the marginalized.

is undoubtedly a difficult problem, because what Guevara being right in the claim to respect diversity, at the same time is also reasonable that a national law to establish certain priorities which respond to national needs, for example, resulting from increasing water scarcity, and that they are above those particular standards with which to collide.

from which emerge two things: (1) the importance of taking into account these considerations now developing a new water law, which implies mechanisms for consultation, not to respond to any itching participation, but to take note and the diversity of situations and habits and customs, and (2) the need for the dissemination and explanation of the rules, so that they can effectively applied on an equal footing, at least in terms of knowledge of the rules referred to, and prevent or reduce anti-popular bias. It's what they call Anglo-Saxon 'legal litteracy' or something like legal literacy.

To begin, the rules should be translated into native languages, the last census shows that 37% of the rural population has a mother tongue other than Castilian, but in the departments of Cusco, Huancavelica and other central and southern Andes, the percentages may be about 80%.

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food sovereignty or security" food?

There's a debate that is centered determine which option countries must make in relation to food: food security or food sovereignty. Both concepts have in common the goal of the entire population of a country is well nourished, to which must be accessible at all times to enough food. But disagree on the how. The first concept [1] not necessarily imply support for domestic food production, as these could be imported, and food security would be achieved if everyone can access them. In principle, then, following the theory of comparative advantage, a country could have and export resources abundantly available (eg oil or other natural resource) and mind changing all the nutrients it needs, without having to produce them. The market is here in charge (and international trade agreements!).

The second claim, especially the right of states to define autonomy food and agricultural policy, secondly, the need to ensure the satisfaction of domestic food demand with domestic production, and thirdly, the role protagonist of farmers in food production. Since this is a proposal that runs counter to trade agreements in vogue, and is sponsored by Via Campesina, an organization considered too radical for the times the proposed food sovereignty is rejected more or less veiled by intergovernmental organizations, multilateral financial organizations, and most governments.

However, the specific ways that will adopt the process of globalization and its impact on food, especially the poorest, are giving strong arguments in favor of food sovereignty. The international opening of markets and bilateral and multilateral agreements severely restrict the options of governments to define policies to protect its citizens from threats that affect food security. By contrast, those who raise the need food sovereignty suggest the need for countries to exercise their right "to define autonomy food and agricultural policy." In fact, what is happening now is that:

The international food prices are rising and pushing up domestic prices. Has adverse effects on poor countries and within them, the low-income population sectors.
Economic incentives for biofuel production are pushing the use of land for the industry-oriented crops, rather than for the production of food.
Spurred by the rise in international commodity prices agriculture, the opening of agricultural markets allows purchases of agricultural land globally by financial institutions for speculative purposes. According to Reuters (13/03/08), "investment banks and hedge funds (hedge funds) are sweeping large areas of farmland in the world."
The oil-based agriculture (urea, motor fuel and transporting produce long distances, etc..) Is increasingly expensive and inefficient (in terms of energy balance) should be gradually replaced by agriculture based on sources renewable energy, and an approach from production to consumption (Replacement of domestic production for imports) [2] , the latter point defended by the proponents of food sovereignty.

To counter these four trends is necessary for governments to have greater autonomy to define their agricultural and food policies, that domestic production is in the ca-pacity to provide the substance of the food needs of the entire population and that hence to support small and medium agricultural producers, who are the main pro-food providers in the country. This does not mean autarky or isolation from markets, but market management according to national interests (of all people). It is almost the same as Europeans have done in the last sixty years.
[1] According to FAO, "Food security exists when all people at all times have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences in order to lead active and healthy" . View http://www.rlc.fao.org/prior/segalim/

[2] See John Earls , Andean agriculture to globalization in the crash. PUCP / CISEPA. Lima, 2007.

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agricultural topic in the world today

After twenty years, the World Bank dedicated its annual report on agriculture ¹. One of the reasons for this renewed, if belated, attention to agricultural issues is a double observation, apparently opposed, that despite several years of economic growth, rural poverty persists, but at the same time, agricultural development is a powerful tool to defeat it. "The recent decline in the poverty rate of those who subsist on $ 1 a day in developing countries (28% in 1993 to 22% in 2002) is mainly due to rural poverty reduction (37% 29%), while the urban poverty rate has remained almost constant ( 13%) "(p. 3).

Earlier, a group of specialists of the same BM produced an interesting report on agriculture in Latin America ². It redefines the concept of rural and makes a new calculation the importance of national economies. The World Bank and adopted a definition of rural that it was conceived two decades ago and used for many purposes in the European Union.

This new definition of rural considers a variable demographic and other planning. Accordingly, the spaces are rural population densities below 150 inhabitants per km 2 and a distance of more than an hour's drive of urban areas. Based on these new criteria, the World Bank report finds that rural areas of Latin America and the Caribbean are much larger than indicated by official statistics, approximately two times the current size estimate. It therefore recommends the report, policymakers should pay more attention to rural development policies.

estimates by these experts suggest that the expansion of agricultural activities in Latin America and the Caribbean has a strong positive impact on income growth in the nonfarm sector. In contrast to these results, they found evidence of a significant impact of growth in nonagricultural sectors on agricultural activities in Latin America and the Caribbean. Interesting conclusion should give pause to those who believe that activities such as mining and quarrying have absolute priority on agricultural activities and rural development.

This recovery of agricultural agenda for the intergovernmental institutions deserve special attention the Final Declaration of the International Conference on Agrarian Reform and Rural Development convened by FAO in Porto Alegre in March 2006 and has been almost unknown in Peru, despite the official participation Peruvian government in that event. In its first paragraph, the declaration stresses the importance of "land reform and rural development in promoting sustainable development that includes, inter alia, the realization of human rights, food security, poverty eradication and strengthening social justice based on democratic principles of law "³. Other points of the statement could not be more contrary to the concepts on which current policies are based. Thus, the statement reiterates in paragraph 11: "The importance of traditional and family agriculture and other production systems on a small scale, like the role of traditional rural communities and indigenous groups in promoting food security and poverty eradication. "It is true that the statement, but was supported by the official representative of Peru, is not binding.

We can draw two conclusions from this renewed international attention to agricultural issues. First, that rural development is considered key - indeed, a priority - for the overall development of the economies of developing countries. Secondly, that falls to small farmers a strategic role in that development, particularly in the eradication of poverty.

While each country has specific characteristics and processes, little doubt about the relevance they have for the Peru information and important concepts in the aforementioned documents, which contrast sharply with the guidelines of the presidential show "Dog Syndrome del Hortelano "which, as readers will recall, assumes that only big business and save the large investment to Peru.

---

1. World Development Report 2008. Agriculture for development. World Bank, Washington. 2007. P.3. The 1982 report was on Agriculture and Economic Development.

2. Beyond the city. The Rural Contribution to Development. The World Bank, Washington. 2005.

3. Http://www.icarrd.org/es/news_down/C2006_Decl_es.pdf

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Why an agricultural strike?

A significant number of farmers to obey the agricultural strike Conveagro and supported by the National Board Members. Why a strike?

breaks record agricultural exports each year. In 2000 totaled 779 million dollars-res, in 2006 reached 2.066 billion of dollar stores. On the coast, are about one hundred thousand hec-tares of dedicated export the so-Madosa crops' non-traditional. " The production here is organized in large and medium enterprises. The main export crop 'traditional' is coffee, which covers about 300 hectares, mostly in the high forest. In this case the production is by smallholders.

On the other hand, prices of many agricultural commodities have risen, in principle, benefiting tens of thousands of corn farmers, cotton and rice. Why stop then?

First, the coastal export agriculture, with all its importance, does not exceed 13% of acreage that region, and a much smaller percentage of producers. According to the agricultural census of 1994, on the coast more than two hundred thousand small farmers and smallholders, less than 1500 were involu-volved in the production of export crops star, asparagus, with 18.8% of the area. [1] agro-export companies over 50 you do not reach the thousands. In this adventure, exporters, small farming is practically excluded you. No wonder that a high percentage of small farmers feel evil-tar by this fact. It is known that social problems are most notable when there great inequalities.

Secondly, not necessarily the good agricultural commodity prices benefit small farmers by at least two reasons. Production costs have increased by rising prices of inputs. On the other hand, there are several products oligopsonies imposed prices.

Third, in many valleys of the coast there is a high percentage of young unemployed, or many of them - tens of thousands - are casual workers in the modern agro-export companies with low wages and poor working conditions. In the mountains

grievances are even more justified. The region as such home to the majority of farmers in the country, has important public goods deficits: poor communications, poor service to education, and health, culturally undervalued, without access to services necessary for the pro-duc-tion. Irritated also by successive non-compliances of government promises, the latter being the frustration, in Ayacucho, the consultation process started seven months ago from the March of the Waris in July 2007.

Unfortunately the standard response of govern-ment - in general, governments - to the agricultural strikes is threefold. On the one hand, say there is no reason to stop because the issues that drive the conflict and are being negotiated with agricultural organizations and are in the process of solution, and secondly, that the problems of agriculture have many years brewing, and can not be solved by the government of the night morning. Finally, organizations accused of acting on political motivations, practices, and citizens who denounce pro-test as 'agitators', 'misfits' and 'de-delinquents' and are threatened with the Incarnation, by preventing the free Confinement movement of vehicles and people.

The national farm leaders do have compliance confusing role that many regarded as an opportunist, especially seen from the provinces. It is unclear what business and not negotiated, were associated with the agriculture minister. It is obvious that the mechanisms of communication up and down, but also bottom up, are not working adequately. It is doubtful to conclude that these leaderships have been strengthened by the mobilization of the grassroots.

seems clear that the government is arranged to relax the guidelines set out in the presidential manifesto "The symptom of dog in the manger", published in October last year, in which small-scale production has no place in front of the large investment and high export-oriented enterprise.

Basically, the agrarian strike is a protest against the policy. It is also a warning to the capacity of agricultural organizations to effectively defend the claims of its bases.


[1] Census 1998

asparagus

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The ethnic question: hope and risk

with concern, warning the newspaper El Comercio, in its edition of Sunday 13 January on the fact that the constant demands of the population Puno department for more attention from the state are adopting "an ethnic content."

Recall that Puno has occupied the front pages of newspapers when there was the lynching of the mayor's key. Several commented, in a critical sense, that this behavior was typical of the Aymara culture. Unfortunately

lynchings also occur in other parts of the country that have no Aymara population, including the city of Lima, so that explanation, not free of racism, lack of any support. Puno also called attention to other facts amplified by the press as the multiplication of ALBA houses and the strong support of regional president of Venezuelan President Hugo Chavez.

Unlike Bolivia and Ecuador, the issue of multiculturalism and ethnic groups hardly deserves more attention in Peru that you provide some anthropologists and philosophers. Has failed to motivate the generation of social movements, as has happened in these countries, and has attracted the attention of the public. In this regard, as to that has to do with the obvious racism of colonial origin, our country has a position: that of the ostrich.

The ethnic identity may have many contents. The most obvious is the legitimate calls for recognition of their particularity and equal rights in a society where they are, ethnic groups, poor and marginalized minority. It is quite plain that Peru there is an unacceptable ethnic segregation. Suffice it to mention the fact that millions of Peruvians who have no mother tongue is Castilian are in a situation of inferiority in relation to the rest of the population in the different dimensions of life. In Peru, Quechua or Aymara being, mainly, but also native settler Amazon is carrying a stigma.

ethnic minority populations generally are predominantly rural, which means a double segregation, given the limited attention of state and private sector in rural areas, especially in the mountains and forests.

No wonder, then, Aymara, Quechua and Amazon come to strengthen ethnic identity to achieve articular who feel like part of a community, and increase their capacity to lobby for access to rights and resources that are denied, including the recognition of their dignity.

There is a risk, it is true, that the guidance of the ethnic movement leading to racism and demagoguery, as it is, in Bolivia, the minority but influential movement led by Felipe Quispe aymara called The Mallku .. This risk, however, should not be an argument for ignoring the righteousness of the ethnic identity, and still less to deny that the main cause of the more extreme claims is the contempt towards those sectors of the population, shared by successive governments and most political and business classes.

large extent depends on the changing attitudes of these sectors and the design and implementation of public policies that are at the same time, inclusive and respectful of cultural differences, the ethnic movement that contributes to building a country while unique and diverse, the strengthening of democracy and equitable economic development and decentralized