Water is Life

Description

This book approached water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations of water and sanitation respond to the ways in which different groups of rural and urban women gain access to water for personal, domestic and livelihood purposes. The authors, who are lawyers, sociologists, political scientists and anthropologists, explore how women cope in contexts where they lack secure rights, and participation in water governance institutions, formal and informal. The research shows how women - as producers of family food - rely on water from multiple sources that are governed by community based norms and institutions which recognise the right to water for livelihood. How these 'common pool water resources' - due to protection gaps in both international and national law - are threatened by large-scale development and commercialisation initiatives, facilitated through national permit systems, is a key concern. The studies demonstrate that existing water governance structures lack mechanisms which make them accountable to poor and vulnerable water users on the ground, most importantly women. The findings thus underscore the need to intensify measures to hold states accountable, not just in water services provision, but in assuring the basic human right to clean drinking water and sanitation; and also to protect water for livelihoods.

Sujets

• Human rights
• POLITICAL SCIENCE
• Gender Studies

Informations

• Publié par: Weaver Press
• Date de parution: 19 octobre 2015
• Nombre de lectures: 1
• EAN13: 9781779222879
• Langue: English
• Poids de l'ouvrage: 126 Mo

Extrait

Water is LifeWater is Life:
Women’s human rights in nationaL
and LocaL Water governance in
southern and eastern africa
Edited by
Anne Hellum, Patricia Kameri-Mbote,
and Barbara van KoppenPublished by
Weaver Press, Box A1922, Avondale, Harare. 2015
<www.weaverpresszimbabwe.com>
in association with:
Te Southern & Eastern African Regional Centre For Women’s Law
(SEARCWL) at the University of Zimbabwe
<www. http://searcwl.ac.zw/>
and the
Institute of Women’s Law, Child Law and Discrimination Law,
Department of Public and International Law at the University of Oslo.
https://www.jus.uio.no/ior/forskning/omrader/kvinnerett/
© Each individual chapter the authors
Tis collection the editors
Maps by Street Savvy, Harare
Typeset by Weaver Press
Cover Design: Danes Design
Printed by: CM Printers, Hong Kong
All rights reserved. No part of the publication may be reproduced,
stored in a retrieval system or transmitted in any form by any means –
electronic, mechanical, photocopying, recording, or otherwise –
without the express written permission
of the publishers.
ISBN: 978-1-77922-263-3 (p/b)
ISBN: 978-1-77922-279-4 (ePub)
iv vcontents
List of Maps ix
Acknowledgements xi
Contributorsxiii
Parti introduction
Chapter 1
Te Human Right to Water and Sanitation in a Legal Pluralist
Landscape: Perspectives of Southern and Eastern African Women
Anne Hellum, Patricia Kameri-Mbote and Barbara van Koppen 1
Chapter 2
Turning the Tide: Engendering the Human Right to Water
and Sanitation
Anne Hellum, Ingunn Ikdahl and Patricia Kameri-Mbote 32
Part ii Kenya
Chapter 3
Human Rights, Gender and Water in Kenya: Law, Prospects
and Challenges
Patricia Kameri-Mbote and Francis Kariuki 81
Chapter 4
Not so Rosy: Farm Workers’ Right to Water in the Lake
Naivasha Basin
Patricia Kameri-Mbote and Edna Odhiambo 118
Chapter 5
Watered Down: Gender and the Human Right to Water and Reasonable
Sanitation in Mathare, Nairobi
Celestine Nyamu Musembi 147
iv vChapter 6
Gender Dimensions of Customary Water Resource Governance:
Marakwet Case Study
Elizabeth Gachenga 179
Part iii maLaWi
Chapter 7
Te Political Economy of the Human Right to Water and
Women in Malawi
Ngeyi Ruth Kanyongolo, Asiyati Lorraine Chiweza, Michael
Chasukwa and Timothy Chirwa 215
Chapter 8
Women’s Right to Water and Participation in Practice: Insights
from Urban Local Water Governance Systems
Asiyati Lorraine Chiweza, Ngeyi Ruth Kanyongolo, Michael
Chasukwa and Timothy Chirwa 244
Chapter 9
Primary Actors on the Back Seat: Gender, Human Rights and Rural
Water Governance in Malawi - Lessons from Mpemba and Chileka
Michael Chasukwa, Ngeyi Ruth Kanyongolo, Asiyati Lorraine
Chiweza and Timothy Chirwa 274
Part iv ZimbabWe
Chapter 10
Governance, Gender Equality and the Right to Water and
Sanitation in Zimbabwe: Contested Norms and
Institutions in an Unstable Economic and Political Terrain
Anne Hellum, Bill Derman, Ellen Sithole and Elizabeth Rutsate 300
Chapter 11
Zimbabwe’s Urban Water Crisis and its Implications for Diferent
Women: Emerging Norms and Practices in Harare’s High Density
Suburbs
Anne Hellum, Ellen Sithole, Bill Derman, Lindiwe Mangwanya and
Elizabeth Rutsate 347
vi viiChapter 12
Securing Rural Women’s Land and Water Rights: Lessons from
Domboshawa Communal Land
Anne Hellum, Bill Derman, Lindiwe Mangwanya and
Elizabeth Rutsate 384
Chapter 13
A Hidden Presence: Women Farm Workers Right to Water and
Sanitation in the Aftermath of the Fast Track Land Reform
Elizabeth Rutsate, Bill Derman and Anne Hellum 420
Part v south africa
Chapter 14
Fixing the Leaks in Women’s Human Rights to Water:
Lessons from South Africa
Barbara van Koppen, Bill Derman, Barbara Schreiner, Ebenezer
Durojaye, and Ngcime Mweso 457
Chapter 15
Gender-Equality in Statutory Water Law: the Case of Priority
General Authorizations in South Africa
Barbara van Koppen and Barbara Schreiner 507
Chapter 16
Gender, Rights, and the Politics of Productivity: Te Case
of the Flag Boshielo Irrigation Scheme, South Africa
Barbara van Koppen, Barbara Tapela, and Everisto Mapedza 535
Appendix 1: International Legal Documents 575
Appendix 2: National Legislation and Cases581
Bibliography 587
vi viiviii ixMaps
Ground Water Resources: Aquifers (3) 84
Fresh Wces: Surface Water (3) 85
Fresh Water Resources: Drainage Basins (3) 86
Water Resources: Catchments (Water Towers) (3) 87
Fresh Water Resources: Surface Water: Lake Naivasha (4) 122
Distribution of Toilets in Mathare and Number of
Customers April 2011 (5) 161
Distribution of Te Indicating Sanitary
Towel Availability April 2011 (5) 165
Political: Marakwet East with County Assembly
Wards (CAW) and Sub-locations (6) 185
Water Resources Catchment Areas: Manyame, Mazowe,
Save, Runde Mzingwane, Gwayi and Sanyati (10) 319
Harare (11) 353
Water Resources Mazowe Catchment and it’s
Sub-catchment Areas (13) 426
Water Resources Mazowe Catchment with Upper
Mazowe and Nyangui Sub-catchment Areas (13) 431
Water Resources Political Olifants-Sekhukhune
(ARABIE) Irrigation Scheme (16) 539
viii ixNorth-South Legal Perspectives Series
Professor Julie Stewart and Professor Anne Hellum (eds)
No. 1 Pursuing grounded theory in law: South-North experiences in
developing women’s law (1998). Agnete Weis Bentzon, Anne Hellum, Julie E.
Stewart, Welshman Ncube and Torben Agersnap. Mond Books/TANO
Aschehoug.
No. 2 Women’s human rights and legal pluralism in Africa: Mixed norms and
identities in infertility management in Zimbabwe (1999). Anne Hellum.
Mond Books/TANO Aschehoug.
No. 3 Taking law to the people: Gender, law reform and community legal edu -
cation in Zimbabwe (2003). Amy Shupikai Tsanga. Weaver Press.
No. 4 Human rights, plural legalities and gendered realities: Paths are made
by walking (2007). Anne Hellum, Julie Stewart, Shaheen Sardar Ali and
Amy Tsanga. Weaver Press.
No. 5 Women & Law: Innovative approaches to teaching, research and
analysis (2011). Amy S. Tsanga and Julie E. Stewart (eds). Weaver Press.
No. 6 Water is Life: Women’s human rights in national and local water gov -
ernance in Southern and Eastern Africa (2015) Anne Hellum, Patricia
Kameri-Mbote, Barbara van Koppen, et al. Published by Weaver Press
In association with: Southern and Eastern African Regional Centre for
Women’s Law (SEARCWL) at the University of Zimbabwe and the
Institute of Women’s Law, Child Law and Discrimination Law,
Department of Public and International Law at the University of Oslo.
x xiAcknowledgements
Tis is the sixth book in the North-South Legal Perspectives Series. It
presents the results from the regional research project Human rights and
gender dimensions of water governance in Africa: Actors, norms and instit-u
tions which took place from 2011 till 2014 as part of the Norwegian Re -
search Council’s Global Partner Programme. It is collaborative research
between the University of Oslo, the University of Zimbabwe, the Uni -
versity of Nairobi, Strathmore University, the University of Malawi and
the International Water Management Institute (IWMI) in South Africa.
Te research has been undertaken as part of the broader co-operation
between the Southern and Eastern Regional Centre in Women’s Law
(SEARCWL) at the University of Zimbabwe and the Institute of
Women’s Law at the University of Oslo, involving a regional Master and Ph.D.
programme in women’s law funded by the Norwegian Embassy in Harare
and since 2014 NORAD’s NORHED programme.
Starting out with diferent women’s struggle for livelihoods in Kenya,
Malawi, South Africa and Zimbabwe the research compiled in this book
demonstrates the indivisibility of the right to water, health and food and
the right to meaningful participation in water governance. Applying
socio-legal methodology and theories of legal pluralism and power the
research provides a contribution to the understanding of water gover -
nance as a gendered, plural, multi-sited and complex feld. On the basis
of national and local level case studies from selected rural, peri-urban and
urban areas in Kenya, Malawi, South Africa and Zimbabwe, the research
uncovers the complex and conficting legal situations that the interplay
between international, national and local norms and institutions
governing water gives rise to in diferent political and economic contexts. It
points to the need to intensify measures to hold states accountable, not
just in provision of water for domestic and personal needs but also in
protecting and promoting water to produce food for livelihood.
We have many people to thank in the production of this book. We
are grateful to the Norwegian Research Council’s Global Partner
programme and the Norwegian Embassy in Harare for economic support to
x xithis extensive South-South and North-South research co-operation. Te
NORHED programme supported the fnal write up of the book in 2014
and 2015. At the Department of Public and International Law at the
University of Oslo, Elisabeth Wenger Hagene has had