INTRODUCING INTEGRATED WATER RESOURCE MANAGEMENT IN THE ANDEAN STATES Jimena Murillo Chávarro Ghent University Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

Outline of the Presentation Introduction about the Andean Community IWRM at international level Water theme at the CAN About the Andean Strategy on Integrated Water Resource Management (AS-IWRM) Assessment of the Strategy Recommendations & Conclusions Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

1. Introduction about the Andean Community Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

Law Faculty – Department of Public International Law The Andean Community (CAN) is composed of 4 Member States: Colombia, Ecuador, Peru and Bolivia Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Institutions of the Andean Community Policy-maker Andean Presidential Council Legislative Council of Ministers of Foreign Affairs power Andean Commission Executive power General Secretariat Judicial power Andean Court of Justice Deliberative body Andean Parliament Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

2. IWRM at International Level Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

IWRM at International Level surface & groundwater Integrated quality & quantity water & land & nat. resources River basin unit for planning & management Participatory users, planners, decision makers Needs Included social, economic, environmental Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

International Water Law Helsinki Rules on the Uses of the Waters of International Rivers (1967) ILA. Conv. on the Protection and Use of Transboundary Watercourses and international lakes (1992) UNECE. Conv. On the Law of the Non-navigational Uses of International Watercourses (1997) UN. Berlin Rules (2004) ILA. MS of the CAN No party to conventions Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

National legislation of Andean States Fragmented in regulation and institutions River basin not consider as unit of management. Lack of participation of stakeholders in water decision- making. Water a public good, not an economic good Human right to water It is very important to then have a general overview of the state of art of the water legislation on the Member States, since, according to the Principle of sovereignty the Andean Strategy respect the sovereignty right of the Member States on the integrated management of theirwater resources based on their own national legislation. Therefore, I consider important to analyzed the state of art of the legislation on the Member States. Basically, the MS present a fragmented regulation of water resources Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Law Faculty – Department of Public International Law 3. Water at the CAN Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Andean Environmental Agenda 2006-2010 Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Objectives of Water Resource Policy Promote better access to water and sanitation to contribute reduction of poverty Promote integral management of cross-border river Elaborate Strategy for the integrated management of water resources (AS-IWRM) Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Law Faculty – Department of Public International Law 4. About the Andean Strategy on Integrated Water Resource Management (AS-IWRM) Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Law Faculty – Department of Public International Law Andean Strategy IWRM equitable, efficient and sustainable management Main Goals Promote access to water to fight poverty Efficient use of water for the environment and the people River basin as unit of planning and management Conservation, protection of river basin, ecosystems, and water resources. Participative approach involving planners and law makers at all levels. Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Law Faculty – Department of Public International Law Andean Strategy IWRM Implementation amendment evaluation feedback Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Structure of the Andean Strategy IWRM PRINCIPLES OBJECTIVE GENERAL ACTION ACTIONSA RESULTS So far , only the first part of the Water Strategy has been developed. This means that the Plan of action still needs to be design and adopted. this will be at the end the most important document since it will clearly describe or specifically define actions, goals and indicators that would facilitate the implementation, follow-up and evaluation of the strategy. The Strategy has been designed in a very general and abstract way. PLAN OF ACTION Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Structure of the Andean Strategy IWRM L,;;;/ PRINCIPLES Sovereignty: IWRM according to their own national legislation Solidarity: cooperation MS Knowledge: access to information Flexibility: amendments So far , only the first part of the Water Strategy has been developed. This means that the Plan of action still needs to be design and adopted. this will be at the end the most important document since it will clearly describe or specifically define actions, goals and indicators that would facilitate the implementation, follow-up and evaluation of the strategy. The Strategy has been designed in a very general and abstract way. Its principles are: sovereignty, solidarity, knowledge and flexibility PLAN OF ACTION Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Structure of the Andean Strategy IWRM PRINCIPLES OBJECTIVE To promote joint actions for the development and strengthening of Integrated Management of the Water Resources in the MS PLAN OF ACTION Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Structure of the Andean Strategy IWRM PRINCIPLES OBJECTIVE GENERAL ACTIONS ACTIONSA RESULTS So far , only the first part of the Water Strategy has been developed. This means that the Plan of action still needs to be design and adopted. this will be at the end the most important document since it will clearly describe or specifically define actions, goals and indicators that would facilitate the implementation, follow-up and evaluation of the strategy. The Strategy has been designed in a very general and abstract way. PLAN OF ACTION Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Law Faculty – Department of Public International Law GENERAL ACTIONS 1. Knowledge management information systems, training 2. Strengthening Governance legal frameworks including IWRM 3. Regional & Internat coop joint projects, financial-technical assist 4. Conservation Sustainable use tools for water quality 5. Actions for Climate change effects of CC, adaptation measures 6. Transboundary River basin joint projects between MS, 7. Guidelines IWRM Amazon’s river guidelines execute projects Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

5. Assessment of the AS-IWRM Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Positive Aspects of the AS-IWRM Encouraging the inclusion of IWRM in national legislation. Colombia, Ecuador, Bolivia Peru Law 29338/2009 Draft legislation Integrated management indicates that both surface and groundwater are regulated. Stakeholders participation; river basin as unit; surface and groundwater; equitable, efficient, sustainable use. Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Positive Aspects of the AS-IWRM Participative at regional level Promotes research, info systems, execution of projects, trained personnel. Facilitates technical & financial assistance Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Negative Aspects of the AS-IWRM Too vague, abstract lack definitions (Water Resources) No mention of groundwater, glaciers, aquifers Lack of quality standards, target, indicators No timing for evaluation. How often? No requirements/obligations for MS Need an Action Plan for implementation Decision, not enforceable (Legal soft law) Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

6. Recommendations & Conclusions Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty – Department of Public International Law

Recommendations & Conclusions Complete Action Plan with: a) clear definition, targets, indicators to be met. b) include groundwater, glaciers c) state water quality standards d) designed management plans for transboundary waters & join agencies. e) regional measures for evaluation (pollution, water quality etc) Incorporate principles of international environmental & water law Implementation of the Strategy is voluntary, not enforceable First steps to introduce IWRM at regional & national level Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law

Thank you for your attention! Andean Strategy on IWRM - Jimena Murillo Chávarro - 04/07/2011- Ghent University Law Faculty - Department of Public International Law