2. Post-Colonial Water Rights

Brief Reflection

Since uploading my introductory blog I have found myself thinking that I offered very little information on how I planned to fully engage with some of the ideas of development incorporated into this topic. As a result, I thought I would take some time here to frame the blog within the context of development more explicitly. 

Whilst I do think that some of the developmental challenges facing water and food in Africa were outlined I think I did very little to explain how water and food can also serve as a vehicle for development. This is largely a consequence of the fact that the provision of water and food satisfies a number of the Millennium Development Goals whilst also serving as a foundation to enable an achievement of these goals. 

In my last blog I felt the need to include the factors that complicate the water-food nexus in Africa, whilst writing this I believed that I was doing this to provide a comprehensive representation of the circumstances facing Africa presently. However, having thought about this a little more I believe that this was actually a not yet fully realized desire to investigate some of the Westernized development models, that at times seem to market themselves as ‘copy and paste’ solutions, in the context of Africa and try and assess the effectiveness of their potential implementation. 

With that being said I thought I would outline one of the principal Western water models that is still affecting and, in some respects, hindering development in Africa. This being the ongoing water rights implemented during colonial times.  

Post-Colonial Water Rights

‘Water laws across Africa are almost exclusively reliant on water permit systems. Water users are required to apply for permits to use water legally.’ (Van Koppen, B. & Schreiner, B. 2018: N/A). The consequences of accessing water without a permit are ‘a penalty of being fined, jailed or both.’ (Koppen, B. 2018: N/A). This water permit system was first implemented during colonial times as a means towards generating revenue for the governing powers. The linked paper argues that many of the problems stemming from the water permit system are a consequence of its colonial roots, which sought primarily to enable a minority of large-scale users to control the majority of the water resource. However, in the post-colonial period little has been done to right these wrongs and the implications of the water permit system, in terms of entrenching and widening inequalities, is a significant barrier to water, food and development in Africa. 

The water permit system largely hinders small-scale agricultural farmers. This group generally face financial and technological barriers that mean they are unable to access information regarding water permits and furthermore do not tend to have bank accounts meaning even if they are aware of the necessity of water permits are unable to purchase one. This problem is further compounded by administrative realities facing African governments, which mean that accounting for these small-holder farms and granting permits is too significant a cost to bear. As a result, the continued use of water permits ‘entails the risk that these water uses are ignored and taken away by competitors.’ (Van Koppen, B. & Schreiner, B. 2018: 8). This understanding has considerable applicability to ‘women who irrigate vegetables for family nutrition at their homesteads’ (Koppen, B. 2018: N/A), as they have no means toward safeguarding their water use. 

As a consequence of the requirement for water permits ‘millions of small-scale farmers who need water to make a living are in effect trapped in a situation that renders their water use illegal.’ (Van Koppen, B. & Schreiner, B. 2018: N/A). As a consequence, it is argued that these water permits entrench inequalities by perpetuating entitlement to water resources that rest upon certain wealth requirements. As a result, these water permits become significant barriers to development for small-scale farmers who are not represented during the process of water resource allocation. Furthermore, it is argued that ‘as long as the majority of Africa’s farmers remain outside the legal framework for water use, there will be little incentive for them to invest in irrigation.’ (Van Koppen, B. & Schreiner, B. 2018: N/A). As we are aware with increasing variability in rainfall across Africa the necessity for irrigated farmland, in order to secure food supply, is becoming more pronounced. Consequently, continuing to operate this system hinders the mobilization of small-holder farmers as actors for achieving development.