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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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Last Updated: 13 January, 2009
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