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

2. 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/ Ghent University
Law Faculty – Department of Public International Law

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

4. 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/ Ghent University
Law Faculty – Department of Public International Law

5. 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/ Ghent University
Law Faculty – Department of Public International Law

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

7. 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/ Ghent University
Law Faculty - Department of Public International Law

8. 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/ Ghent University
Law Faculty - Department of Public International Law

9. 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/ Ghent University
Law Faculty – Department of Public International Law

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

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

12. 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/ Ghent University
Law Faculty – Department of Public International Law

13. 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/ Ghent University
Law Faculty – Department of Public International Law

14. 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/ Ghent University
Law Faculty – Department of Public International Law

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

16. 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/ Ghent University
Law Faculty – Department of Public International Law

17. Structure of the Andean Strategy IWRM
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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/ Ghent University
Law Faculty – Department of Public International Law

18. 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/ Ghent University
Law Faculty – Department of Public International Law

19. 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/ Ghent University
Law Faculty – Department of Public International Law

20. 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/ Ghent University
Law Faculty – Department of Public International Law

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

22. 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/ Ghent University
Law Faculty – Department of Public International Law

23. 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/ Ghent University
Law Faculty – Department of Public International Law

24. 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/ Ghent University
Law Faculty – Department of Public International Law

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

26. 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/ Ghent University
Law Faculty - Department of Public International Law

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