Ecuador. Water is a human right not a business
water can not be seen as a business. Water is a fundamental human right. So the Constitution is not confined solely to prevent the privatization of water, but was expressly to promote the de-privatization of water. It follows the ban on any sales of rights or permission to use, not to mention concessions that lead to hoarding of water by the few at the expense of the majority. Currently, the water law becomes, paradoxically, waters in the final part of the "citizen's revolution." Here you will choose the positions. There is no alternative to compliance with the Constitution. Unable to reach agreements that violate the Constitution.
The human right to water is fundamental and indispensable. Water is a strategic national assets for public use, inalienable, indefeasible, indefeasible, and essential for life. Montecristi Constitution, Article 12, 2008
One of the points where they are most advanced in the Assembly Constituent Montecristi was related to water treatment and water resources. In fact, the achievements in this field led many people decided to vote for YES in the referendum of September 28, 2008, which was overwhelmingly approved the new constitution.
Currently, the Water Law will become, paradoxically, in the final groundbreaking of the "citizen's revolution." Here you will choose the positions. There is no alternative to compliance with the Constitution. Unable to reach agreements that violate the Constitution.
As in these days when discusses the water resources law, in and out of Montecristi, there appeared those defending water as a fundamental human right and those acting for their interests. Remember
INTERAGUA pressure, the company that privatized water services in Guayaquil, who has won in recent days extension was granted against the negative results of the audit by the Comptroller General. His interests were defended by their own representatives, who roamed the halls permanently Constituent Assembly, and even a couple of assemblymen from the ruling movement and a senior government official President Rafael Correa. These groups attempted to seek a sustained only in the "right to water", to leave the door open to commodification, ie privatization. And everything indicates that these groups are those that have led to the extension of the concession even before passage of the law on water.
But in Montecristi, in the end, with a large majority won the thesis of life. Water can not be seen as a business. Water is a fundamental human right. So the Constitution is not confined solely to prevent the privatization of water, but was expressly to promote the de-privatization of water. It follows the ban on any sales of rights or permission to use, not to mention concessions that lead to hoarding of water by the few at the expense of the majority.
For this achievement, as happens now, it had a high participation and mobilization of society, particularly the indigenous and peasant movement, fiercely united in defense of water. This presence and this contribution was substantial. Without minimizing the work of many assembly members should be noted that the contribution of civil society organizations for many years committed to the defense of water as Ecuarunari, CONAIE Fenocein, Water Forum, among others, helped to consolidate a strong position.
concentration, misuse and pollution
Ecuador is a country with enough water in national terms and four times more surface water than the average world per capita. But the problem is that it is poorly distributed, which increases pollution and destroy the sources of an accelerated manner.
water concentration in few hands is remarkable. The state through concessions has delivered 64,300 2,240 m3 / s of water flow in reality than the appropriation misuse of the vital liquid.
Two thirds of this flow (74.28%) were recorded in the electricity subsector, with 147 concessions. Irrigation with 31,519 grants represents 49.03% of the total, ie 19.65% of rate. Concessions for domestic water use are numerous, 21,281 (33.1%), but account for only 1.22% of rate concession.
Many large companies, such as banana, sugar plantations and shrimp farms, paid paltry sums for water used. The farmers who grow rice in the province of Guayas, for example, pay a value 120-fold over access to water that San Carlos charged wit or banana Reybanpac; Toacazo farmers in the province of Cotopaxi and pay 52 times that of Lyctus in the province of Chimborazo pay 35 times more. Besides these large companies benefit from water obtained outside the laws. And there is certainly missed concessions, for speculative purposes are the order of the day.
The concentration of water in agriculture is evident. The rural population, mostly indigenous, communal irrigation systems, representing 86% of users. However, this group just has 22% of the irrigated area to access just 13% of the flow. While large consumers not represent 1% of production units, account for 67% of the flow. Unequal access to these resources is a determining cause of social inequality. And, in turn, explaining the hegemonic political power.
In the field of agriculture, water use is concentrated in the agricultural export sector. Exports have a higher content of irrigation water for food production for the domestic market. It should be noted that food production for domestic consumption has weakened and the country became even importing some of them.
water consumption (and indeed pollution of it) grew by population growth in recent decades and also by the increase in productive activities too demanding of water, especially those oriented to the external market.
The loss of grasslands and increasing deforestation explain this complex reality, while the process of silting of the rivers on the coast as a result of the continuing erosion in the mountains and foothills, here we are, while Another explanation for the repeated flooding on the coast. Also have not addressed the serious problems of water pollution management activity caused by oil extraction and management waste in the Amazon region.
One of the fundamental tensions of the current situation is intended to allow mining activities which consume large amounts of water. This is a crucial issue, since the large-scale mining would cause permanent conflicts over water availability and contaminate the vital fluid, causing damages to food sovereignty.
Studies show that the pollution caused by mining existing dangerously extends the Ecuadorian coast, even in northern Peru. Part of the banana plantations in Ecuador would be contaminated by mercury and other elements. This pollution also affect cocoa plantations and aquaculture. Even be at risk from water sources used to supply the vital liquid purifier in the city of Guayaquil.
Water as a human right, a historic step
To address these distortions, the Constitution is absolute. In particular, Article 12, it was determined that "the human right to water is fundamental and indispensable. Water is a strategic national assets for public use, inalienable, inalienable, indefeasible, and essential for life. "
Consistent with this constitutional definition, from the outset, in Article 3 of the Constitution was established as the first primary duty of the State" without any discrimination, the effective enjoyment of rights enshrined in the Constitution and international instruments, in particular education, health, nutrition, social security and water for its inhabitants. "
From that initial definition, in the plenary of the Constituent Assembly in Montecristi adopted three key points:
1. Water is a human right,
2. Water is a strategic national asset for public use,
Water is a company's assets and
3. Water is an essential component of nature, it has inherent rights to exist and maintain their life cycles.
The significance of constitutional provisions is manifold.
- As human right surpassing the commercial vision of the water and retrieved the "user", ie the citizen and the citizen, instead of "client" referred only to those who can pay.
- As strategic national asset, the recovery of the state's role in the provision of water services; paper on which the state can be very efficient.
- As heritage is thought in the long run, releasing water shortsighted market pressures and speculation.
- And as part of Nature, was recognized in the Constitution of Montecristi the importance of water as essential to the life of all species, to point beyond the laws of nature.
Water as a right in a Multinational state and intercultural
recognition of Ecuador as a multinational state and intercultural was not an accidental or a little thought. Arose from the finding that only in the recognition of diversity, the historical injustice to indigenous peoples and our diverse origin can build an inclusive. One of the areas in which the plurality is just makes more sense in the handling, care and responsibility towards the water, which means solving the hoarding of water, privatization and de-privatization necessary.
Additionally, it is essential to rescue all cultural potential of the indigenous peoples and nationalities, depositors ancestral practices and mechanisms, many of them ancient, for sustainable water management. His expertise in this area are rough. In that sense, it is essential for their active and direct participation in all instances involving the management and control of vital fluid, starting with the Multinational Water Council. Particularly
Indians and peasants, who were key players in the constitutional debate and even before, have done a thorough monitoring of all water bills, which have been discussed since the end of the Constitution. With this new water law, They play key issues for the social, cultural and economic life itself. While city dwellers have diverged somewhat from this very vital, are the peasants and indigenous people who once again mobilized for the benefit of society.
To meet the constitutional mandate is not enough to close the door to further privatization. We must reverse all existing privatization. This involves the redistribution of water that is currently monopolized by a few people. The Constitution has, therefore, Article 281, paragraph 4: "To promote redistributive policies that allow the access of peasants to land, water and other productive resources. "
Additionally, Article 282," prohibiting the large estates and the concentration of land and hoarding or privatization of water and its sources. The State shall regulate the use and management of irrigation water for food production, under the principles of equity, efficiency and environmental sustainability. "
assumed control Redistribution and decision of those who have also built systems irrigation, they have been handled. This conclusion extends to all communities that conserve mangrove forests and moors, ie those recovery sites of the water cycle. Additionally
should be established in the new legal framework clear and precise mechanisms that prevent water pollution, while applicable to the remediation of contaminated water sources. The water law should prohibit mining activities around water sources and should also lead to anyone interested in mineral resources that, in advance, show that similar operations have been handled without contamination of water during operation and up to least ten years after the closure of mines.
To achieve were placed in Montecristi audit tools such as water and especially a number of key principles as the plurality, the Good Life or sumak kawsay, the laws of nature.
Some non-negotiable points
From the above clear conclusions emerge. Not enough that the current water bill is better than previously presented by the government, through the SENAGUA. Without denying the progress made thanks to the mobilization and popular pressure, there were these critical points to be solved:
1. The law must guarantee the validity of fundamental principle in all aspects: water is a fundamental human right. Water is life, not a place to do business.
2. The new law must ensure the Rights of Nature. You can not allow any productive endanger the existence, maintenance and regeneration of the life cycles of water. The water pollution is not the mandate.
3. This law shall guarantee the exercise of the plurality. All peoples, both indigenous and Afro-Ecuadorian montubios, cholos and mestizos should see their rights guaranteed in the new legal framework. Everyone must participate effectively in the management and and the resolution of existing conflicts over the use, management and safeguarding of water.
4. Water management must be held by public and community, as mandated by the Constitution. This means that the authority only viable water and ensure the effective participation of all people, communities, peoples and nations in the formulation, implementation, evaluation and control of public policies related to water.
5. Not enough to prevent future privatization. It should prompt the immediate de-privatization of water. It is intolerable extension of the concession to INTERAGUA; it has to be reversed. You have to backtrack on concessions for bottled water and hot springs, finding answers that engage communities in their use. It is essential to prevent the hoarding of water in a few hands, redistribution should be an immediate task.
6. It should be absolutely forbidden any form of environmental services on water and all ecosystems, as mandated by the Constitution of Montecristi. This option would merely serve to cover up the privatization process of the moors, forests, wetlands, swamps, ie water sources.
7. Ensure minimal free life for all inhabitants of the country without discrimination is one of the key points that will have to incorporate the new law. This, however, does not mean it should be considered different tariffs for water consumption, then one should be the cost of water for productive activity related to food sovereignty and a much higher for recreational activity, a cost to growing potatoes and another to irrigate a golf course, for example.
8. The law should be clearly stated priority of water use: 1) to humans, 2) for food sovereignty, 3) to secure the cycle vital water and 4) for productive activities. At this point it should also safeguard the life of all things, since large-scale metal mining and open pit, to cite just one instance, looms as the next great source of water pollution, as is the case today with oil.
9. The law should promote a model of efficient water management, which just recover and develop models for the conservation of water sources and courses that directly involve organized citizens in the countryside and cities, and above all reaffirm the sovereignty. This entails overcoming the model that considers the river and the sea as sewers and rescue the values \u200b\u200bof beauty, enjoyment, care for our streams, rivers, lakes and wetlands.
10. Regain control of water by society is a basic condition for the Good Life, both in the field and in the city.
essential monitoring and mobilization
The water dispute continues. After the imposition of mining laws and food sovereignty, contrary to the Constitution, the discussion of the draft water law became a defining moment. Dar
the necessary guarantees for the country, its environment and its people have the quality and quantity of water required for today and tomorrow: that is the great challenge we have in our hands. Again
are indigenous, peasants, the inhabitants of the mangrove, youth, environmentalists, who defend the national interest, with the resource mobilization and protest. Its action should prevent the consolidation of legislation sponsored counterrevolution from within the government of President Rafael Correa, counter that threatens the Constitution. Gradually strengthen a perverse intention as to minimize through the greatest achievements laws constitutional substantive fields such as collective rights and the rights of nature. Www.ecoportal.net
Alberto Acosta is an economist in Ecuador. Professor and researcher at FLACSO. Minister of Energy and Mines, January-June 2007. President of the Constituent Assembly and Assemblyman October 2007-July 2008 .- ALAI, América Latina en Movimiento
