Water tenure reform and public access to water as a basic need

Access to water is a widely debated topic as water scarcity is looming large before several developing countries. The traditional approach of water as a public good is giving way to reforms which consider water as an economic good. This paper critically reviews legal and policy issues around the changing approach to appropriation and access to water. It identifies two major trends in reforms in water governance:

water as a collective heritage of people not subject to ownership rights except where law recognises user rights and appropriation rights
privatisation of water resources and management, with active encouragement by the World Bank.

To elaborate on these two opposing, the paper presents case studies of water governance reforms in Quebec and Bolivia. While the reforms in Quebec have taken the rights approach to water, Bolivia has resorted to privatisation. Based on the lessons learned from these reforms, the paper argues that both these approaches are problematic. The collective ownership approach does recognise people’s right to water in line with the declaration of UN Committee on Social, Economic and Cultural Rights. However, it does not solve the problems faced by developing countries - lack of resources to provide equal access to water, exacerbated by scarcity of water. The privatisation approach discriminates against the poor as they cannot afford the high tariffs which are invariably associated with privatisation. The privatisation approach thus breaches the principles of equality, equal access and affordability. The paper concludes that two trends do not have to be mutually exclusive or contradictory. Recognition of water as a human right accords states with specific obligations with regard to its implementation. The states can then involve the private sector in giving effect to its obligation. However, the state must ensure that right to water is guaranteed on the basis of non-discrimination and prevent third parties from interfering with this right. Policy options include: 

national governments should enact legislation recognising water as a fundamental right and ensure its provision on the basis of equality and non-discrimination
privatisation need not be a closed option as long as decisions to do so are taken with the participation of the people to be potentially affected