[Advanced course on trans boundary water governance in South America] The role of justice operators in water governance and management

In the first webinar of the ‘Advanced course on trans boundary water governance in South America’, judges and experts analysed the «Brasilia Declaration of Judges on Water Justice», which includes a series of principles for addressing current and future challenges regarding the administration of the planet’s water resources.

Ecuador | On Thursday 8 July, the webinar «Brasilia Declaration of Judges on Water Justice», which is part of the ‘Advanced Course on Trans boundary Water Governance in South America’, was organised by the Universidad Andina Simón Bolívar, through its Andean Centre for International Studies; and IUCN, through the Environmental Law Centre and the Regional Office for South America with the BRIDGE Andes project: Building Dialogues for Better Water Governance. The webinar aimed to broaden the discussion on the efforts that judges and other justice operators are making to ensure the sustainability of water resources and the well-being of society.

It presented the context and importance of the Declaration (see the full document here), which was the result of an initiative of the IUCN World Commission on Environmental Law (WCEL).  The Declaration was presented by a large range of judges and prosecutors who had met at the 8th World Water Forum in Brasilia (Brazil) in 2018, which gave it its name.

The Declaration established 10 principles, which express the importance of making access to safe drinking water and sanitation services a reality, and the importance of water to ensure the human rights to life, health and an acceptable quality of life.

The Declaration reflects the commitment of the Judiciary to ensure that both judges’ and prosecutors’  functions involve safeguarding and administering justice in matters related to water resources, with great respect for effective water governance and management parameters and best practice.

Stefano Burchi, who chairs the Water and Wetlands Specialist Group of the World Commission on Environmental Law, concluded his presentation with the words: «The Brasilia Declaration makes a very powerful statement not only to members of the judiciary but also to parliaments and governments, which are responsible for adopting and implementing laws, according to the best practices set out in the Declaration and with the underlying concerns of the Declaration.

Another speaker, Michael Hantke-Domas, Professor of Water Law, Universidad San Sebastián (Chile), addressed the role of the justice operators in environmental conflict, in particular over the management and use of water resources: «How should judges rule when presented with a subject such as the environment? We are faced with the fact that judges around the world do not necessarily have the training to understand this field, which is rather different.»

He urged the judiciary to avoid thinking of water as being separate from the ecosystem, because it is essentially linked and «Understanding it separately is the source of many of the problems we see in water resources management». The Declaration calls on judges to move away from general criteria such as administrative, civil and criminal law, and to understand that the object of protection (in this case water) is an integral and inter-generational collective good».

Dr. Mariana Yumbay, member of the Pacari Institute for Indigenous Sciences and former National Judge of Ecuador, welcomed the Declaration as a fundamental starting point for the actions of the Judiciary for water governance. However, she urged that the work should continue to implement the principles of the Brasilia Declaration in each country’s legislation, and for this it is essential that all stakeholders be empowered and should participate.

«Countries have borders and political boundaries, but water does not. It teaches us to join forces with different stakeholders and countries and build strong institutions. Although the Declaration does not elaborate on the treatment of trans boundary waters, its principles are fully applicable in strengthening trans boundary basin diplomacy. For example, the IUCN has made a great contribution to legal regulations in Ecuador and Peru, and why not think about regional regulations that respond to the social, cultural and economic reality of our peoples?” asked Dr. Mariana Yumbay.

Other important points of the webinar were:

General criteria such as administrative, civil and criminal law do not necessarily protect the legal assets protected by fundamental rights.

Actions whose potential impacts on the resource, its services or ecosystems that are unreasonable, disproportionate or excessive in relation to their benefits should not acceptable.

Similarly, in judicial decisions, the interdependence between water and other elements of the natural environment (sub soils, soils and forests), including important ecosystem connections, should be recognised.

The IUCN is grateful to students and teachers for attending the first part of the ‘Advanced Course on Trans boundary Water Governance in South America’; the general public who connected via Facebook Live and the special participation of Ursula Parrilla, IUCN Regional Director for Mexico, Central America and the Caribbean; Michel Levi, Coordinator of the Andean Centre for International Studies on behalf of César Montaño Galarza, Rector of the Universidad Andina Simón Bolívar – Ecuador (UASB); Stefano Burchi, Director of the Water and Wetlands Specialist Group of the World Commission on Environmental Law (WCEL); Michael Hantke-Domas, Professor of Water Law, Universidad San Sebastián (Chile); Diego Jara, Legal Officer of the IUCN Environmental Law Centre, Member of the IUCN Environmental Law Centre), and Dr. Mariana Yumbay, member of the Pacari Institute for Indigenous Science and trial lawyer.

BRIDGE is a global initiative that promotes good governance in trans boundary basins in three regions of the world: Latin America, Asia and Africa.  It is implemented by the Water Programme and the Environmental Law Centre, through IUCN’s Regional Offices, thanks to the kind support of the Swiss Agency for Development and Cooperation. In South America, the project is active in the nine trans boundary basins between Ecuador and Peru, and in the Lake Titicaca basin between Bolivia and Peru.

Source: Bridge Project / IUCN

Useful links:

Brasilia Declaration of Judges on Water Justice [10 Principle Declaration]
Brasilia Declaración de Jueces sobre Justicia Hídrica* (Declaración de 10 Principios)
Webinar | Declaración de Brasilia de jueces sobre la justicia en materia de aguas

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