Women’s Participation in Realising the Human Right to Water in Malawi Ngcimezile Mweso Chancellor College National water conference 21st March 2016

Outline/objective It explores how the struggle for equitable access to water can give life to community through mobilisation and participation, not simply as an instrumental necessity but an end in itself for participatory living. Demonstrates that the human right to water provides an effective way of overcoming the lack of power and the ‘tyranny of participation’ which characterise water services in rural and peri-urban areas

1. Water crisis –crisis for the poor Urban poor and rural population face numerous challenges in accessing water particularly infrastructural and distributional problems Peri-urban –mainly communal kiosks ( intermittent water supply), may face management crisis, inability to payment Rural population, underserved, rapid population growth, long distances, poor maintenance (50 % broken in 1990s) Like Malawi, global water crisis - overwhelmingly a crisis for marginalised social groups Women disproportionately bear the burden of the lack of water

2. Water governance understood broadly as ‘the range of political, social, economic and administrative systems that are in place to develop and manage water resources, and the delivery of water services, at different levels of society’ (Global Water Partnership, 2002) Imbalances of power, poverty and inequality keep the poor from demanding better water policies and better water governance Historically, there has been the exclusionary effects of state bureaucracies, profit driven private companies/neoliberalism, and co- opting strategies of community involvement Main focus in on ‘water is life’ in the sense of a necessity for biological survival, growth and flourishing not in the social sense- basic social or public good, water is life to, or the lifeblood of, every democratic political community

3. Human rights based approach Challenging other approaches in water governance as non-participatory and exclusionary Development is a human right - centred on the human person, both as an active participant and beneficiary in development establish active, free and meaningful participation and equity as constituent elements of development Imposes obligations on states and empowers individuals and communities to challenge water injustice

4. Human right to water Substantive content- the goal of water governance improving water services so that everyone has access to safe, sufficient, affordable and acceptable water for a healthy and dignified life in community with other (General Comment 15) poor and marginalised must be specifically protected from exclusion of services Legislative and other measures –formulation and implementation of policies, strategies-transparency and non- discrimination Participation, human agency and dignity of all affected by decisions

Procedural content Procedural Content- right to participate in water governance Does not focus on things (safe water of a certain quantity), goes beyond the human mode of ‘having’ into ‘being’ i.e. being a full member of society. Both process and content of policies and strategies to prioritise disadvantaged and marginalised groups -Participation and equity Ability to influence decisions =power = equitable, secure and sustainable access to water Genuine participation- opportunity and influence – focus poor, women justiciable- self actualisation: full members and agents for personal well being

5. Peri-urban and rural water governance Governance of water services -political, economic, social and cultural systems must support participatory living strong constitutional guarantees for an open, accountable and transparent government that will take into account the views of all individuals (section 12 & 13) No explicit human right to water recognised- derivation from other rights and binding international human rights law An explicit and comprehensive formulation would better advance the enjoyment of the human right to water Community users are empowered to manage their own water services through water user organisations – potential to advance agency may be inhibited- to operate under principles of neoliberalism –full cost recovery.

6. Community participation Opportunity to participate in WUAs The more opportunity there is for this, the better the chances for agency and therefore equitable results Rural WUAs – more active while peri-urban purely representative decision- making bodies (elite capture) Empowerment and agency – besides forging new relationships, personal economic benefit, or increased number of new taps, real benefit is the ability to address inequalities and put the needs of the most vulnerable people first – not yet there- partial for rural WUAs Locus of power outside WUA –( rural WUAs less on cost recovery while peri- urban areas –full cost recovery –recognised as agents of Water Boards) Women dominate in low level positions with limited decision making power Women agency demonstrated in their limited capacity in rural WUAs Better opportunity and capacity will result in better enjoyment of the human right to water for all

7. Way forward Law reform – formal definition of the human right to water; justiciability, strong statement of commitment, guide for strategies to meet state’s obligation Public awareness and education campaigns – so people can make claims for water on a legal entitlement and enter participatory spaces as right holders Institutional independence of WUAs- real opportunity to influence decisions through modalities that guarantee wide participation Strategic litigation campaigns – generate needed jurisprudence around the right and enhance public awareness- might even stimulate law reform around issue

Water is life and participation is power THANK YOU 