Abstract
Water-permit systems are widely used across Africa as a blanket requirement for small and micro irrigation enterprises, as well as large enterprises. The present study aimed to, first, further understand the implications of permit systems for both the most vulnerable and the state, and, second, based on the findings, identify options for pro-poor water legislation that also meet the water governance requirements of the state. The growing recognition of the importance of farmer-led irrigation development for food security across the continent underlines the importance of these questions. Focusing on Kenya, Malawi, South Africa, Uganda, Zimbabwe, and other African countries, we found that permit systems criminalized instead of protected the water rights of small-scale farmers. Moreover, little if any attention is paid to the logistical burdens and costs to the state of implementing such systems relative to the intended revenue generation. As many small-scale farmers in Africa were found to operate under customary land and water tenure systems, the study proposes a hybrid system of water rights that formally recognizes such practices, along with the use of permits, including enforcement of conditions for large users, to serve the interests of both the state and small-scale farmers.
Highlights
Global discourse on Integrated Water Resource Management since the 1990s has promoted water-permit systems as an important element of effective water regulation
At the same time as such permit systems have been widely adopted, there has been a significant rise in farmer-led irrigation development (FLID)—a process that has been recognized as vital for improving food security and agriculture-led economic growth in Africa [2,3,4]
Primary research of government files in the five countries showed a significant inability of the state to implement water-permit systems
Summary
Global discourse on Integrated Water Resource Management since the 1990s has promoted water-permit systems as an important element of effective water regulation. Permit systems were expected to be the best available legal system across the world for governments, as custodians of water resources, to govern water in a public interest. This includes cost-effectively and sustainably contributing to national development goals, meeting international agreements, safeguarding water quality, or settling conflicts under growing competition of water resources. On-farm self-employment and employment are key to the livelihoods of the most vulnerable and those left behind While their domestic water and sanitation needs rightfully receive global attention, water is important for their food, nutrition, and income, as enabled in FLID
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