Every day we see the protests in Quito on the news against the proposed Water Law, but the public is unaware of what these movements are demanding and what is at stake. Now, from Ballenita, we share with you the 9 "critical points" that, according to various organizations, are the cause of their claims and the reasons why we should support these protests. In the next few days, we will contact the official voice in our province so that they can publicly pronounce themselves on these 9 points.
1. Environmental Services.- They should be prohibited, since the use of this figure allows the privatization of water (moors, forests, wetlands, swamps and water sources).
2. Order of preference for the destination and functions of water.- It must respect the preference of water established in Art. 318 of the Magna Carta. In the case of productive uses of water (hydroelectric, mining, industrial), the law must respect Art. 15 of the Constitution, "energy sovereignty will not be achieved to the detriment of food sovereignty, nor will it affect the human right to water."
3. Rights of Nature, pollution and discharges.- The rights of nature must be guaranteed, thus, no productive activity must put at risk the existence, maintenance and regeneration of its vital cycles. Therefore, the non-pollution of water and its sources must be guaranteed.
4. Human right to water, scope and enforceability. The human right to water must be guaranteed in all its forms, that is:
Establish a free minimum living standard that guarantees water for human consumption and domestic use, complying with Art. 3, num. 1, which states “Guarantee without discrimination the effective enjoyment of the rights established in the Constitution and in international instruments, in particular education, health, food, social security and water for its inhabitants.”
Guarantee the right to water that allows for the production of food that promotes food sovereignty.
Guarantee cultural forms of water use in accordance with the collective rights of indigenous communities, peoples and nationalities established in Article 57 of the Constitution and the plurinational nature of the State. Ensure the right to water, food and education, which will guarantee the exercise of the right to health.
5. Water Fund.- The law must include a water fund within the budget of the Single Water Authority, in order to have economic resources to guarantee the human right to water. This would also allow community systems to have the necessary means to ensure community management of water.
6. Institutionality of water.- Comply with the Constitution, Arts. 318 and 85, no. 3, respectively, which state that water management will be public or community-based and that the participation of people, communities and peoples will be guaranteed in the formulation, execution, evaluation and control of public policies and public services; the water resources law must establish that the formation of the sole water authority, as well as the decisions on this subject, ensure the effective participation of people, communities, peoples and nationalities.
7. Deprivatization, hoarding, and redistribution. All forms of water privatization must be prohibited. Mechanisms must be established to deprivatize water management, in accordance with the Constitution, which states that water management will be exclusively public or community-based. Thus, the concessions of INTERAGUA, AMAGUA, among others, must be reversed.
Mechanisms must be established to reverse water concessions that cause concentration or hoarding.
8. The law must contemplate the right to prior, free and informed consent of communities, peoples and nationalities regarding plans and programs for prospecting, exploitation and commercialization of non-renewable resources found on their lands and that may affect them environmentally or culturally in accordance with the provisions of Art. 57, paragraph 7 of the Constitution of the Republic, ILO Convention 169 and the Universal Declaration of the Rights of Indigenous Peoples.
9. The National Assembly must have guaranteed the right to be consulted by communities, peoples and nationalities before the adoption of a legislative measure, as is the case of the Water Resources Law in accordance with Art. 57, paragraph 17, of the Constitution.
CONAIE-ECUARUNARI
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