1. HUMAN RIGHTS AND GENDER DIMENSIONS OF WATER GOVERNANCE IN AFRICA: ACTORS, NORMS AND INSTITUIONS RESEARCH STUDY Malawi, Kenya, Zimbabwe and South Africa in coordination with Norway NORGLOBAL DISSEMINATION SEMINAR, OSLO, 25 TH OCTOBER 2011

2. Background This is a joint research project funded by the Norwegian Research Council being conducted in 4 countries in Southern and Eastern Africa: Malawi, Kenya, Zimbabwe and South Africa Researchers are from the University of Malawi, Malawi; Strathmore University, Kenya; University of Zimbabwe, Zimbabwe; the International Water Management Institute, South Africa and the Faculty of Law, University of Oslo, Norway. The project also has three PhD students and one post doctoral student working with the main researchers This three year research project is now in its second year having conducted the pilot study, a review conference on emerging issues and developed work plans for the substantive field research phase.

3. Research objective and methodology  Overall objective: To explore water governance from a human rights and gender perspective – (both of which are important dimensions of development and poverty reduction). This will contribute to the development of a legal and empirical foundation for appropriate frameworks and strategies for inclusion of human rights and gender equality dimension in water governance.  More specifically:  To explore how women’s right to water for livelihood and the right to participation are put into practice by governments, donor agencies and NGOs at national and local levels  To critically analyse whether and under what conditions decentralised water governance systems facilitate the effective inclusion, participation and protection of women’s water rights.  To interrogate women as decision makers and as water users - how women take part, influence and benefit from institutions, mechanisms and processes on use and management of water at the local and national levels.  Methodology  The study was designed to be a qualitative grounded exploration of women and human rights in water governance in Africa in-order to allow for a detailed analysis of local water governance and learn from women as citizens by identifying their experiences and knowledge and thus taking women’s perceptions and practices as the starting point.  Research methods include desk research, in-depth individual interviews, focus group discussions and participant observations

4. Research study sites  The country cases were selected to reflect differing political and legal contexts regarding the degree of government commitment in incorporating human rights obligations; scale of donor influence; strength of civil society and women’s organisations.  South Africa : Has progressive laws and policies on economic rights and gender equality, enshrined in the Constitution and other laws and therefore a strong government commitment; and has an active NGO sector and low donor influence. Some practices such as water licensing though can perpetuate gendered discrimination  Malawi: Has a strong decentralisation policy meant to devolve power to local institutions which incorporates gender mainstreaming although access to water not acknowledged as a right in national laws. Democratisation and political liberalisation does not seem to have increased women’s voice and representation. Women continue to struggle to access water in this resource poor state with largely rural population, donor dependent and a growing civil society.  Kenya: Also has a decentralised water provision services to lower level government organs and NGOs. How this is operationalised and encorporate gender equality and how they interact with traditional and family institutions is an area for investigation especially in the context of a new and promising Constitutional order.  Zimbabwe: No constitutional recognition of gender equality or the right to water although the state signed conventions on the right to water. Water was nationalised to do away with a colonial land and water legacy. Water is provided on commercial basis in decentralised structures which make no reference to gender and participation of women. Political crisis has further destabilised the existing water governance structures. Constitutional review process under way offers an opportunity for women to negotiate improved rights under the law.  Selected areas of study in each country have a mix of urban, peri-urban areas and rural areas eg Malawi Peri-Urban Nkolokoti area and Blantyre rural area; Kenya – rural Lake Naivasha area; Zimbabwe – Mabvuku peri-urban area and Tafara rural area.

5. Research areas of focus  Areas of focus include:  Family level  Women’s role in decision making about multiple water use in homestead from multiple sources  Women’s perception of water rights  Local water governance institutions  Translation into practice of national laws and policies on rights to water and rights of participation.  Decision making processes at local / community level  Women’s interaction with formal and informal water governance institutions  Women’s perception and interaction with women representatives in local water governance institutions  International norms and national legislation and policy  Review and critique content of international state obligations on right to water and participation in resource management  Review of human rights recommendations; state reports and individual complaints procedures  Examination of national legislation and policies and how women are involved in their formulation and implementation  Examination of actors, government, NGOs and international donor agencies and how they understand and or implement women’s rights to water and participation

6. Preliminary findings and emerging issues  Diversity of women’s experiences in accessing and managing water for differently situated women eg Zimbabwe ‘s pilot study shows differences between poor and middles class women; increased vulnerability of pregnant women and those affected by HIV/AIDS  Interplay /intersection of regulatory frameworks – international law, national legislation, local bye-laws and local customary norms eg South African study shows disjuncture between apparently progressive laws on paper and discriminatory outcomes; in Kenya competing institutional framework for provision and management of water adversely affecting women  Disconnection in conception of rights from above (International conventions and national laws) and from below (women’s perceptions of water rights) eg most evident in Malawi study  Lessons from pilot studies and way forward:  Clearly unpack the concept and study of access to water Examine availability, accessibility and affordability of water for different uses and from different sources  Refine study approach and explore further human rights from above and below Describe and analyze the human right to water from above Describe and analyze the human right to water from below Explore more systematically whether and to what extent there are already norms and practices that implicitly expresses a human right to water  Address gap in research related to the impact of laws, policies, processes of water governance from a rights and gender perspective Develop tools to capture actual impact of actors interventions and women’s participation on women’s right to water