From local action
to national water policies: the experience of elaboration of the water
law in Costa Rica
Jorge Mora, ICE, Costa Rica
Introduction
This case study describes the process of participation and incidence
of a civil society organisation, Foundation for Urban Development
(FUDEU) and other social actors in the elaboration of a new water
law in Costa Rica, based on their own local experiences in the 'Grande
de Tarcoles River Basin Commission'. In 2000, FUDEU's research suggested
that the existing framework prevented the Commission from assuming
necessary competences and legal responsibilities to be a real river
basin agency. Hence FUDEU decided to promote the elaboration of
a new water law in Costa Rica by creating the 'Technical Group of
Water' (GTA) with other social organisations, governmental institutions
and international organisms. The GTA developed the widest process
of dialogue and discussion ever made around a law in Costa Rica.
Type and extent of policy change
After three years of consultation and multi stakeholder dialogues,
the GTA and the Congress of Costa Rica finished a new water law
project. This project was published in January 2004 and approved
to be sent to the Plenary of the Congress in April 2005 by the Environment
Commission. This legal instrument is expected to radically change
the existing system of water management in the country, making way
for the creation of River Basin Agencies.
Some thoughts on the explanation of the policy change
The policy context
Over the last 50 years Costa Rica has achieved political stability.
However, since the 1980s, free-market and globalisation have lead
to a marked increase in poverty and internal social tensions.
Among the main policy actors, the GTA is integrated by NGOs, Universities
and Research Centres, international agencies, members of public
agencies and advisors of the Environmental Commission of the National
Congress. This group is the main facilitator and animator of the
process; although it was the NGOs and international agencies who
were the GTA's main developers.
Two different sets of actors hindered the process; at the beginning
some public agencies and government officers were distrustful about
the elaboration of a new water law with a decentralised structure
for water management, a new water administration and civil society
participation. The second set of actors were some private sector
organisations, especially agriculture chambers and porcine producers,
that have exerted strong political and legal pressure on the process.
The ways CSOs tried to affect policy change (strategy and activities)
and impact
To achieve a social consensus and with the aim to involve all social
sectors in the process of elaboration of the water law; FUDEU facilitated
workshops and meetings with local communities, NGOs, academics,
politicians and social groups, to arrive at a national consensus.
This work included a series of national and regional workshops,
expert panels, and formal audiences with the Environmental Commission
of the National Congress. The majority of the proposals that originated
from all these processes were incorporated in the project . This
made it possible to obtain an extraordinary balance between the
proposals from the different sectors, technical criteria and institutional
requirements.
External influences
One of the most important characteristics of the experience of the
elaboration of the water law in Costa Rica, one that makes it different
to other similar processes in Central America, is the relative absence
of influence and pressure from international and financial institutions.
However, there was a favourable political environment that facilitated
the interest of the government in the elaboration of a new water
law, originated by the Johannesburg Summit, the Millennium Goals,
and the international concerns about water resources.
The nature of research-based evidence
Since the beginning of the process in the Tarcoles River Basin,
FUDEU understood the importance of having a solid base of knowledge
based on two main lines: the elaboration of a strong theoretical
and conceptual basis about the different elements of the water management
sector and its adaptation to the Costa Rican reality; and research
and analysis of successful experiences in other countries.
Lessons Learned
The process of research and learning developed around the experience
of the Tárcoles (the comparative analysis of similar experiences
in other countries, the constant revision of literature and documentation
that experts from different countries made) highlighted the need
for a policy change. Hence, the process itself was a source of evidence.
The conceptualisation and design of the law are a direct product
of the study, analysis and systematisation process of the experience
of the Grande de Tárcoles river basin Commission and of all
the process of research and reflection that we developed around
this case.
This situation allowed CSOs to gain credibility and be considered
valid interlocutors and actors by the Congressmen and government
authorities; and it has led to better acceptance of their visions
and proposals.
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