By Sovereign Hager
Impunity Watch Reporter, South America

QUITO,Ecuador–A controversial water bill has led to unrest as indigenous communities in Ecuador protest what they view as an unconstitutional intrusions into their rights to water. Protests began several weeks ago when the Ecuadorian government released a new bill on water regulation. The initiative includes provisions of water for industries such as mining and agribusiness. Indigenous communities argue that this “privatization” will damage their small farms.

The bill has been postponed for several months and the head of Parliament, Fernando Cordero has proposed a “non-binding pre-legislative consultation” with Ecuador’s indigenous peoples. Indigenous communities make up forty percent on the population. This proposal led to temporary suspension of demonstrations and roadblocks that have been ongoing for the last two weeks in seven provinces.

Consultations with indigenous communities on the impact of industrial projects are required by the Ecuadorian constitution, which has been in effect since 2008. This was meant to align with the International Labor Organization’s Convention Concerning Indigenous and Tribal Peoples, which requires prior, free and informed consent, and participation by indigenous peoples in the benefits generated by such projects.

Ecuador’s Constitutional Court confirmed that the consultation was mandatory under the constitution, however the incorporation of the results is not required. There are three indigenous associations opposed to the bill: the Ecuadorian Confederation of Indigenous Nationalities, the National  Federation of PEasant, Indigenous and black Organizations, and the Federation of Evangelical Indigenous Peoples and Organizations of Ecuador. Native leaders demand that the results of the participation be binding.

Modifications proposed by indigenous groups include a  mandated respect for the order of priorities for water use established by the new constitution. This provision establishes that water resources must go first to human consumption, then to irrigation for domestic food production, next to maintaining adequate levels of water in the ecosystems, and finally to non-food productive activities. The interpretation that water use in export-oriented industry is not contemplated in constitution is opposed by the Congress.

Indigenous communities accuse the government of trying to privatize water resources, which the constitution establishes are a national good for public use. Private companies are only allowed to administer supplies of water through government concessions. However, indigenous associations insist that the concession system should be replaced by a permit system which would be subject to discretionary renewal.

For more information, please see:

Al Jazeera-Ecuador Water Law Sparks Protest-20 May 2010

Alternet-Water Conflict Mounts in Ecuador-20 May 2010

IPS-Native Standoff Over Water Bill On Hold-19 May 2010