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INFORME ALTERNATIVO SOBRE LA SALUD EN AMERICA LATINA13The Water Policies in Latin America:Between Water Bussines and Peoples´ResistanceAlex ZapattaWater policies and in general public management of water are determinedby two kinds of processes:a) Structural conditions of the economic and social formation of Latin-Americancountries ; andb) Economic accumulation model of our societies, which is currently expressedin neoliberal structural adjustment policies.Owing to the limits of the present work, the analysis will be centeredin the problems caused by the adjustment policies regarding water managementin Latin America.In the framework of the adjustment and stabilization policies fosteredby multilateral credit institutions (World Bank, Inter-American DevelopmentBank and International Monetary Fund), a new legal basis has been established,forcing deregulation through the so called "water adjustment" policies.This reform started in the middle 80’s, and was expanded in the 90’s throughoutLatin-America –including the firm and dignified exception of Cuba-To this purpose, the adjustment experts have recognized three types ofconstitutional and legal issues:a) The dominion over hydric resources. All through Latin-American legislation,water from the juridical point of view is characterized as "nationalgood of public use".124
Observatorio Latinoamericano de Salud.b) The right to the use and availability of water. WithinLatin-America, there are a variety of modes,which range from the granting of rights strongly regulatedby the State, to those whose concession isregulated by the logics of the market –the Chileancase being the most representative.c) The provision of public services derived from theavailability of water, such as those for irrigation, consumption,sanitation, hydroelectricity, etc. –whereinLatin-American legislation combines the possibilityof establishing services of direct provision (State)with the possibility of establishing services of indirectprovision (private enterprise).Subsequently, a synthetic revision of each one of thesethree levels is given.The Dominion over Water Resources"According to the majority of legislations consulted inLatin America, water water resources are acknowledged asgoods of public dominion, national goods, namely goodswhose dominion and use belong to the entire nation".[Cubillos,1994]"Moreover, the qualification of inalienable and notprescriptive is included in referring to water resources, signifyingthey neither can be sold, nor lose their juridic natureof national goods, even if there is a sustained use by privateindividuals through time." [Cubillos, 1994]The above mentioned declaration is normally inthe constitutional texts, Leaving the implementationto the laws that regulate water use.In this respect, it is suitable to underscore theconstitutional reform approved in Uruguay by way of areferendum. With the intention of preventing the privatizationof water and sanitation of public services,and affirming national sovereignty over water resources,important reforms to the constitutional text havebeen incorporated. Its core component indicates: superficialwater, as well as subterranean (with the exceptionof pluvial) integrated to the hydrologic cycle, constitutea unitary resource, subordinated to the generalinterest which is a part of state public dominion.The right to the use and availability of waterThe yielding of the right to the use and availabilityof water to individuals is executed by the State, bymeans of administrative actions (assignations, adjudications,concessions, authorizations, permits, licenses,etc.).These are conferred in terms of distinct criterions:priorities of use (human consumption, animalwatering, productive uses, etc.), water consumption(consuming, non-consuming), intensity of use (permanentor contingent), etc.These rights are defined by volume (liters persecond, generally) and by time (occasional, of determinedor undetermined length).Every granting of rights to the use and availabilityestablishes the object of that granting (for the supplyingof water in a certain locality, for the watering ofanimals of a particular herd, for the irrigation of a specificproperty, for the use of one factory, etc.).Frequently, the concession of the rights to theuse and availability of water occasions the obligation ofthe properties situated between the place of harnessingof water and the place where it is availed of. Thecited obligations are natural or forced.These rights are not absolute: they are conditionedby the fulfillment of definite regulations and criterions,whose inobservance may imply their loss (revocationis possible).125
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PEOPLE’S HEALTH ASSEMBLY 2GLOBAL
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LATIN AMERICAN HEALTH WATCHAlternat
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"Our elders taught us that the cele
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12. Neoliberalism, Pesticide Use an
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1Alternative Health Report :A Tool
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Observatorio Latinoamericano de Sal
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Monopoly,Inequity and Health
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INFORME ALTERNATIVO SOBRE LA SALUD
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3The Right to Health and the Free T
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Institutionalizationof Violenceand
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