TWN Info Service on Biodiversity and Traditional Knowledge (Oct22/01)
5 October 2022
Third World Network

UN: Indigenous peoples can play vital role in tackling global water crisis
Published in SUNS #9658 dated 3 October 2022

Geneva, 30 Sep (Kanaga Raja) — Indigenous peoples, who have endured centuries of colonization, violence and domination, often relegated to live in marginal territories, in harsh conditions, can offer valuable ways to address the global water crisis through their traditional practices, both in terms of the sustainable management of aquatic ecosystems and the democratic governance of safe drinking water and sanitation.

This is one of the main conclusions highlighted by Mr Pedro Arrojo Agudo, the United Nations Special Rapporteur on the human rights to safe drinking water and sanitation,, in his report (A/HRC/51/24) to the 51st regular session of the UN Human Rights Council.

According to the Special Rapporteur, indigenous peoples have preserved much of the existing biodiversity and aquatic ecosystems and the quality of their waters in their ancestral territories for their own benefit as well as that of society at large.

“Moreover, their concept of water as a common good, available to all but not owned by anyone, offers a valuable example of community-based management of safe drinking water and sanitation,” he said.

Indigenous peoples can teach us lessons about how to tackle the global water crisis, both in terms of the sustainable management of aquatic ecosystems and the democratic governance of safe drinking water and sanitation, he added.

Indigenous women have traditionally occupied the role of water caretakers, including rites and spiritual practices. Nevertheless, despite bearing the burden of carrying water for consumption, domestic use and sanitation, they are often sidelined in decision-making, said the report by the Special Rapporteur.

In recent years, indigenous peoples have achieved international recognition of their right to self-determination and to own and use their territories and resources, including waters and aquatic ecosystems. However, they face many problems and challenges in realizing these rights.

In some States, the lack of recognition of the existence of indigenous peoples as distinctive peoples jeopardizes their human rights, said the report.

The report said that when formal recognition exists, it does not necessarily translate into respect for the worldviews of indigenous peoples nor effective control over their water sources.

“As a consequence, land and water grabbing are ongoing in the territories of indigenous peoples, including through the construction of large hydroelectric dams and the growth of agribusiness, mining operations, deforestation and tourism developments, which ignore the rights of indigenous peoples and damage their sources of water, often with toxins.”

In order to guarantee compliance with the rights of indigenous peoples and effective control over their territories, their right to free, prior and informed consent should be implemented before any action that affects them, including actions that affect their water and aquatic ecosystems, said the report.

It said enforcing this right is an obligation of all Governments, which must also effectively guarantee the right of indigenous peoples to oppose projects, the security of human rights defenders and leaders and adequate access to justice, remedy and compensation.

The world population of indigenous peoples, estimated at 476 million individuals, representing 6.2 per cent of the world population, live in more than 90 countries across seven socio-cultural regions, said the report.

There are approximately 335 million indigenous peoples in Asia and the Pacific, 77 million in Africa, 54 million in Latin America and the Caribbean, 7 million in North America and 0.4 million in Europe and Central Asia.

The Special Rapporteur said the territories of indigenous peoples comprise about 25 per cent of the world’s land surface, including approximately 40 per cent of all protected land areas and ecologically intact landscapes: on their territories, indigenous peoples have preserved 80 per cent of the remaining terrestrial biodiversity.

The Special Rapporteur said he is concerned about the approach that sees water as an economic good.

In his view, water should not be parcelled out or appropriated as a resource to be extracted from nature. Instead, he advocates transitioning from a water resource-based approach to a new paradigm centred on an ecosystem-based approach to water management that promotes the sustainability of the water cycle.

Indigenous peoples’ integrated vison of water, rivers, springs and wetlands is in line with this ecosystem approach and the consideration of water as a common good, he said.

The report said that after centuries of caring for their rivers, wetlands, lakes and springs and managing water as a common good, indigenous peoples have been actively opposing the commodification and privatization of water for decades.

It said in the worldviews of indigenous peoples, water belongs to everyone and should remain available to all, as a common good.

“For centuries, they have developed participatory, holistic, and sustainable community water management systems, providing water for drinking, spiritual ceremonies, cooking, washing, livestock and farming.”

For instance, said the report, the inter-sectional water management systems of indigenous peoples in Totonicapan, Solola and Chimaltenango in Guatemala, which have similar decision-making mechanisms organized through community assemblies, share a vision of water as a sacred living being, including the people and forests in their territories.

The Special Rapporteur observed that mainstream approaches to water management often dismiss indigenous peoples’ water knowledge and management systems as unscientific or folkloric, disregarding the fact that their knowledge is based on empirical experience, resulting from living in their territories from generation to generation.

For instance, the ancestral system of Waru Waru or camellones used in the Andean region (Ecuador, Peru and the Plurinational State of Bolivia) is a way to manage soil and water for agricultural purposes through the use of temporary flooding.

The Konso people in southwest Ethiopia are considered to be the world leaders in soil conservation practices: they terrace hillsides to retain and direct rainfall runoff and build sediment traps to prevent the clogging of strategically placed ponds where they store water in the rainy season.

The Special Rapporteur is of the opinion that self-determination and effective participation of indigenous peoples in the management of water in large territorial spaces, such as river basins or aquifers that extend beyond the boundaries of their territories, require their representation in corresponding decision-making bodies, on an equal footing with the non-indigenous populations involved.

The report also said in many indigenous cultures, the role of women as carriers and stewards of water is linked to their role as life-givers.

They have a sacred mission to care for water for present and future generations. Water is therefore essential to the identity of indigenous women, their cultural traditions, spiritual practices, knowledge and well-ness.

“Indigenous women and girls not only ensure the availability of quality water, they also play an essential role in spiritual ceremonies.”

They protect water bodies from pollution, care for the forests and plant trees, plants and herbs to maintain the ability of the soil to absorb and retain water, said the report.

Until some decades ago, the availability of quality water in indigenous peoples’ territories was preserved on the basis of their sustainable practices and was favoured by the difficult accessibility of their territories, it added.

However, the impact of extractivism on natural resources, jointly with climate change, has reversed this trend and many indigenous peoples no longer have access to safe drinking water under international human rights standards.

The report said in Canada, First Nations peoples experience a disproportionately higher number of drinking water advisories, warning people to not drink water that may be unsafe or is known not to be safe, and more drinking water advisories are issued for extended periods of time than in communities of non-indigenous persons.

The report said in the United States, approximately 9.5 per cent of American Indian and Alaska native homes lack adequate sanitation facilities and 1.8 per cent lack access to a safe water supply and/or waste disposal facilities, in comparison to less than 1 per cent of homes in communities of non-indigenous persons.

Available data for countries in Latin America reveal that 57.5 per cent of indigenous peoples’ households in rural areas have a safe water supply and 24 per cent have sanitary facilities.

The Special Rapporteur said indigenous peoples’ territories are usually located in the most disadvantaged areas in terms of access to infrastructure and services.

“Water sources are often far from where indigenous peoples live and water is generally taken directly from rivers, ponds, streams, wells or springs, many of which are contaminated with various toxins. Some indigenous peoples have water delivered to their houses through tubing, but in most cases it is untreated and the water is not safe to drink.”

There is a persistent failure by States to provide infrastructure, to maintain water and sanitation services and to control polluting factors, particularly with regard to indigenous peoples forcibly displaced from their territories, said the report.

It said that indigenous peoples often consider the clear water of rivers, springs and wells to be safe for drinking because, traditionally, that has been the case.

“But this is no longer true, however, as external interventions are affecting water quality, requiring action by the State to prevent contamination and to ensure drinkability.”

The Special Rapporteur said he considers that the State must guarantee access to safe water, in consultation with indigenous peoples, including the provision of reliable information and guarantees of an inter-cultural approach.

“Poor water quality and lack of adequate sanitation affect the right to health of indigenous peoples, particularly women and children.”

Organic or biological contamination can be treated, but toxic contamination can neither be purified by the usual means nor solved by chlorination, said the report.

Pesticides and toxic discharges from mining, in addition to compromising the drinkability of water, have serious consequences, inter alia, for forestry, agriculture, livestock and fisheries, on which many indigenous peoples depend.

For instance, in the United States, as a result of mining in the Black Hills, South Dakota, the ground water on the Pine Ridge Indian reservation has been polluted by mercury and other toxins.

Globally, indigenous peoples represent 18.7 per cent of the extremely poor and around 33 per cent of those living in extreme poverty in rural areas, and in such conditions, they often have difficulty in paying for water and sanitation or providing the necessary investment to ensure such services, said the report.

“Due to water scarcity, lack of infrastructure and/or unsafe water quality in their communities, indigenous peoples are faced with several options: paying for bottled water, which is unaffordable for many families; building wells and water supply networks, which are unaffordable investments for many communities; and boiling water, which takes time, especially for women, and incurs costs in electricity or for other fuels.”

The implementation of programmes related to safe drinking water and sanitation often fail due to the lack of an inter-cultural approach and respect for indigenous peoples’ worldviews, practices, knowledge and traditional water management systems, resulting in their disinterest in such initiatives, said the Special Rapporteur.

“Water and sanitation projects for remote rural areas are sometimes promoted without understanding the specific issues affecting indigenous peoples’ communities compared to communities of non-indigenous persons.”

It is essential to include inter-cultural dialogue in discussions on all water and sanitation projects, said the Special Rapporteur.

The Special Rapporteur also noted that the first barrier to indigenous peoples’ access to water and sanitation is that several States, despite the solid international legal framework, do not recognize the existence of indigenous peoples within their national borders.

“The absence of adequate legal recognition allows States to take actions that disregard the practices and knowledge of indigenous peoples, including water management.”

The report said in addition to the formal recognition of indigenous peoples, recognition of their tenure over their territories and resources is an essential precondition in order to ensure that they conserve the ecologically stable conditions of water bodies in their territories and harvest and provide safe drinking water for their people, following their traditional water management systems or to adopt other practices when they freely choose to do so.

The Special Rapporteur said that he is concerned about the processes of privatization of rural water and sanitation management, in particular in countries in Africa and Asia that do not recognize their indigenous peoples and where the Governments negotiate with transnational corporations without mandatory prior consultation processes with affected communities and indigenous peoples.

The report said like non-indigenous women, indigenous women face multiple forms of discrimination, including in access to education, health care and land ownership, while suffering from the risks of domestic violence and sexual abuse.

It is estimated that they dedicate 200 million hours annually, taking time away from school, work or spare time, carrying around 100 litres of water every day, it added.

“The voices and experiences of indigenous women are often excluded from discussions and decisions about water management.”

The report said that the vast majority of water-related laws and programmes fail to embody indigenous women’s traditional knowledge and the cultural and spiritual values that they cultivate with regard to water and do not guarantee their effective participation.

It also said land grabbing is the large-scale acquisition or leasing of land, including water rights attached to that land, for wide-ranging farming and ranching, bio-fuel, mining and logging concessions or tourism facilities

These lands, which in many cases are part of indigenous territories, are de facto expropriated and sold or leased without the agreement of indigenous peoples, often under the pretext that the territories or their tenure are not legally registered.

According to Oxfam data, between 2000 and 2011, land grabbing involved some 227 million hectares of indigenous territories.

The report said that mega-projects and extractivist ventures are frequently accompanied by land grabbing, forced displacement, deforestation and degradation, impacting indigenous peoples’ government systems, livelihoods, social cohesion and health.

The Special Rapporteur said in arid and semi-arid territories, competition for water has led to the appropriation of rivers and springs traditionally used by indigenous peoples to develop irrigation schemes, generally headed by large landowners.

He said that lakes, wetlands, aquifers, rivers, springs and streams that are water sources for indigenous peoples are often depleted or polluted by toxic residues from extractive industries or by pesticides from agribusinesses.

“Massive diversion of water or mining upstream can undermine the human rights of indigenous peoples, even if these activities originate outside their territory. Frequently, it is not only drinking water that is affected but also sources of food, including fishing, which is key to the diet and the economies of some indigenous peoples.”

The Special Rapporteur considers that the responsibility to ensure respect for the rights of indigenous peoples by transnational corporations operating in indigenous territories extends beyond the Governments of the countries where such territories are located to include the responsibility of the Governments of the countries from which the corporations originate. +