States Are Water-Boarding Our Human Rights
The case of the Bolivian Water War and its long-term implications for development and access to water
“The Water War.” A title that could easily be the name of a dystopian novel taking place a thousand years from now. But it was a reality lived in the year 2000 by the people of Cochabamba, Bolivia.
The mobilizations leading up to this event had the intention to protest a law that gave the company Aguas de Tunari, a private international entity, control over water distribution in the city. The company was charging outrageous prices that transformed water from a necessity into a commodity that only a few could afford. These tensions escalated in what could only be described as a short-lived civil war, where dozens of protesters were wounded, arrested, and one killed due to police intervention in the matter. But this effort by the public was ultimately successful; the project that would privatize water had been dismantled.
Yet there is an underlying issue that is harder to spot, which has not been solved since.
The fact that the Bolivian Water War happened is generally attributed to the outrageous prices that Aguas de Tunari charged its customers for water. The reality of the situation is more complicated; the state did not provide a good enough water distribution system in the first place, and, trying to solve this, they introduced the highly disputed law to privatize water. Based on current information, which is explored below, the Bolivian government has failed to properly address the issue of water to this day. Changes to the current system should then be introduced, to comply with international standards, and to properly serve the Bolivian people
Access to clean, drinkable water is a universal human right. That much has been clear with the introduction of the UN General Assembly’s Resolution 64/292 in 2010. Through standard-setting, the Bolivian government has theoretically addressed this issue in depth too, where the 2009 Constitution discusses the issue of water in its first page, and even dedicates the entirety of Chapter 5 to the rights and responsibilities that the state bears regarding water access and water management. But theory will only take you so far, and having legislation on the matter does not necessarily translate into action. The 2020 Sustainable Development Report identifies that some areas in the Clean Water and Sanitation indicators still face major challenges.
SEMAPA is the state-owned company that has overseen water management in Cochabamba since 1967. Two problems are immediately apparent when considering the work of the institution. The first is that water distribution is spotty at best. In a remark made by SEMAPA’s manager in 2019, it was stated that their coverage reached about 60 percent of the area they service. Los Tiempos, a reliable Bolivian newspaper, reports that these numbers signify no new improvements since 2012. Even worse, their system is unable to meet their current users’ existing demand for drinkable water; i.e., people do not have 24-hour access to water.
The second issue is that SEMAPA only serves one of the 16 provinces of Cochabamba: Cercado. Even though this province is the most populated area in the region, that still means the neglect of more than 300,000 people.
Leaving the rest of the region to their own devices is problematic, as it has resulted in very poor sanitation standards. Data and reporting from the more rural areas of Cochabamba is very scarce. Based on the available information and from my own experience as a native, there are three main ways in which people have access to water: by buying from local small companies who collect, sanitize, and bottle water; by building water wells either for their own homes or their communities; and through their grassroots territorial organizations.
These territorial organizations are considered the smallest political division possible in Bolivia. Their governmentally funded budget priorities vary from region to region. This creates a lot of variability in how readily available water sanitation and water distribution systems, such as pipelines, are for each subdivision.
Efforts in the past two decades to make water more accessible have led to the Misicuni Dam, a project which was expected to improve water availability for Cochabambinos. Yet, progress remains stagnant. Despite numerous efforts by the Bolivian government to address this issue, and after receiving funding from the Inter-American Development Bank on multiple occasions, unresolved issues from the past continue to resurface. The two repeat offenders are the poor distribution system and the long-term water availability.
So, what is the solution to this problem?
Water is first and foremost a human right. Only a universal system with standards that benefit everyone accomplishes a change that follows the Sustainable Development Goals. Such an arrangement is achieved through government intervention to establish standards and auditing entities, and community building to meet each region’s needs. It is important to identify that, although the current flawed system is the result of civil protests against an alternative arrangement introduced by the government, positive change is still needed to make water a human right that everyone enjoys equally. For efforts to be successful, it is imperative to work alongside local communities and grassroots organizations that understand their current needs.
It could be argued that the past failures of privatization deter government action, and that people are happy with the current system. But the reality is far from it. A report released in January of this year set into perspective how, despite torrential rains in the area, the people of the Cochabamba municipality are still suffering from reduced water accessibility, due to failures to implement innovative and equitable water collection systems. This is a headline that is repeated and criticized year after year. The system is clearly flawed, and the government needs to take action by implementing a better water collection and distribution system.
The government’s inaction also begs the question about whether the state should be the main entity in charge of water distribution and water management. In spite of the poor standards that regional efforts have had, the Bolivian government bears the duty of providing for the fundamental needs of Cochabambinos. Therefore, it should be held accountable to higher standards — even if this means establishing auditing bodies to ensure compliance with internationally recognized human rights standards.
