Ariella D'Andrea, Food and Agriculture Organization of the United Nations (FAO), Legal Office/FAO Representation in Guatemala, ariella.dandrea@gmail.com
The paper focuses on legal pluralism in Guatemala and the recognition of customary water-related rights and regulations in statutory water resources management legislation. In Guatemala, a water law is long due, not only since the 1985 Constitution defined water as a public good, but also because the country is naturally exposed to drought and tropical storms, which affect water availability and access. The existing legal framework for water resources management is obsolete, inconsistent and not enforced. To bridge the gap, many indigenous and non-indigenous communities, present throughout the country, successfully regulate water use through oral or written bylaws. After highlighting the main international obligations subscribed by the government on indigenous rights and natural resources management, the paper classifies the rules and practices adopted by local communities in order to define their scope. Hence, options are anticipated to recognize customary water rights under the current legal regime and in future statutory legislation, consistently with the public interest.
KEYWORDS Water legislation; customary rights; indigenous people