Erosion of Cultural Diversity Through Incompatible Legal and Institutional Regimes Prachanda Pradhan

What is Water? Water is lifeline of all living creatures in earth planet Water is lifeline of all living creatures in earth planet Water is important for human beings for their survival, identity, civilization and promotion of cultural relationships among institutions and among themselves Water is important for human beings for their survival, identity, civilization and promotion of cultural relationships among institutions and among themselves

What is Culture? Culture is the value, norms, attitude and behavior that bind people of the community together Culture is the value, norms, attitude and behavior that bind people of the community together Establishes a set of pattern of relationships among the members of the community and environment for the utilization and management of natural resources including water Establishes a set of pattern of relationships among the members of the community and environment for the utilization and management of natural resources including water Culture gives distinctiveness of a community Culture gives distinctiveness of a community Distinctiveness promotes the existence of cultural diversity of different communities Distinctiveness promotes the existence of cultural diversity of different communities

What is cultural diversity? It is understood as; It is understood as; –Practices ( rituals, production systems, knowledge transmission system) –Ways of living (social systems including institutions, legal system, leadership pattern etc. –Value system (religion, ethnic, spirituality, beliefs) –Knowledge ( knowledge and skill) –Language –Artistic expression (art, architecture,literature and music

Con’td UNESCO declaration (2002) emphasized the cultural diversity to the level of “common heritage of humanity” as necessary for human kind as biodiversity for nature, UNESCO declaration (2002) emphasized the cultural diversity to the level of “common heritage of humanity” as necessary for human kind as biodiversity for nature,

Considerations to be made: –There is existence of cultural diversity –Water also plays role in maintaining cultural diversity Then it is to be asked? Will it be possible to maintain water and cultural diversity when monolithic system is proposed and centralized management system is introduced?

In order to maintain water and cultural diversity: It is necessary to understand It is necessary to understand –Social, political, cultural and institutional aspects that govern water management and its uses –Formal and informal institutions at different levels of governance –Water resources are produced by social and political systems and water resources also shape the social and political systems

Water Management –Influenced by social, political, cultural and institutional aspects –It is not only technical aspect of hydrology and hydraulics for water management –Socio-institutional and legal aspects are involved in shaping water management –Influences the relationships and behavior of the members of the community

Contributing Factors for Erosion of Cultural Diversity When water resources are brought under centralized and state control through centralized planning, bureaucratic management and legal instruments When water resources are brought under centralized and state control through centralized planning, bureaucratic management and legal instruments Communities are deprived of Communities are deprived of –Customary rights –Local customary laws –Local practices –Cultural diversity

Tradition of People’s water Institution in Nepal: A case Study –Nepal is a multi-ethnic country –Tradition of community effort in natural resources management- Water –Customary norms delineated water as community resource with defined rights and community governance structure –State policies and practices were historically conducive to community roles on resource management –Local conflict resolution system

Con’td –Farmers took lead of irrigation system construction –Tradition gave birth to irrigation system construction and crafting of institutions appropriate to manage them. –In FMIS, farmers take responsibility of all activities –Allowed to develop decentralized management system –Promotion of its own organization system, norms and values –Resources mobilization based on obligations and right to use resources

Water Resources Act, 1992 After promulgation of this Act, change took place in the value of water as community resources After promulgation of this Act, change took place in the value of water as community resources Water came under state ownership Water came under state ownership The Act brought a conflicting situation to the community to maintain rights, customary local practices and livelihood issues. The Act brought a conflicting situation to the community to maintain rights, customary local practices and livelihood issues.

Why Legal Pluralism? In such context, it is necessary to understand legal pluralism and promotion of this phenomena in order to ensure cultural diversity in water resources management In such context, it is necessary to understand legal pluralism and promotion of this phenomena in order to ensure cultural diversity in water resources management It is conceived as the accommodation within the national system a verities of bodies of law, customary, religious and state law applicable under different conditions to the different ethnic, religious and racial groups It is conceived as the accommodation within the national system a verities of bodies of law, customary, religious and state law applicable under different conditions to the different ethnic, religious and racial groups

Polycentric Governance Mode It allows more than one center of decision-making It allows more than one center of decision-making Allows individuals or groups creativity expression Allows individuals or groups creativity expression Cooperation in activities Cooperation in activities Community takes leadership in a number of activities Community takes leadership in a number of activities

Conclusion Legal pluralism Legal pluralism Polycentric governance mode Polycentric governance mode Strengthening of the community Strengthening of the community Allow strengthening cultural diversity Allow strengthening cultural diversity Case study of Nepal indicates that Nepal had tradition of decentralized water resources management until Water Resources Act was promulgated Case study of Nepal indicates that Nepal had tradition of decentralized water resources management until Water Resources Act was promulgated

When the national water law was promulgated, it affected customary law, local institutions and local decision making processes. When the national water law was promulgated, it affected customary law, local institutions and local decision making processes. Such arrangement to the greater extent influenced on the erosion of cultural diversity. Such arrangement to the greater extent influenced on the erosion of cultural diversity.